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ACTS  AND  RESOLVES 


J'ASSKl)     H^      THK 


(General  Court  of  jWassiacljusetts 

AT    A 

SPECIAL  SESSlOxN 

1944 

AND 

ACTS  AND   RESOLVES 

PASSED    ISY    THE 

(General  Court  of  ilasisacfjusietts 

IX    THK     VKAK 

1945 

TO<;pJTHEl{    WITH 

TABLKS   SHOWING   CHANGES   IN   THE   STATUTES,    l^rrC. 


PUBLISHED    BY    THE 

SEGRKTARY   OF  THE   COMMONWEAf.TH 


BOSTON 

WRIGHT   »!'    POTTER   PRINTING    GOMl'ANY 

1945 


ACTS  AND  RESOLVES 


PASSED    BY    THE 


^rn^ral  (Cnurl  nf  iHaasarljUBrtta 

AT    A 

SPECIAL  SESSION 
1944 


Convened  on  Tuesday,  the  Fouhth  Day  of  April, 

AND  Prorogued  on  Tuesday,  the  Eighteenth 

Day  of  April,  1944 


ACTS,  SPECIAL  SESSION,  1944. 


An  Act  establishing  the  dates  for  holding  the  bi-  Chap.      1 

ENNIAL  STATE  PRIMARY  IN  THE  YEAR  NINETEEN  HUNDRED 
AND  FORTY-FOUR,  FOR  THE  FILING  OF  CERTIFICATES  OF 
NOMINATION  AND  NOMINATION  PAPERS  FOR  THE  PURPOSES 
OF  SAID  PRIMARY  AND  ENSUING  BIENNIAL  STATE  ELECTION 
AND  FOR  THE  FILING  OF  PETITIONS  OR  PAPERS  REQUIRING 
PUBLIC  POLICY  AND  OTHER  QUESTIONS  TO  BE  PLACED  ON 
THE  OFFICIAL  BALLOT  FOR  SAID  ELECTION  AND  OTHERWISE 
FACILITATING  VOTING  BY  ABSENT  VOTING  BALLOTS  AT  SAID 
ELECTION  BY  MASSACHUSETTS  RESIDENTS  IN  THE  ARMED 
FORCES  OF  THE  UNITED  STATES  AND  THOSE  IN  CERTAIN 
OTHER  SERVICES  ENGAGED  IN  FURTHERING  THE  WAR 
EFFORT,  AND  MAKING  CERTAIN  OTHER  TEMPORARY  CHANGES 
IN  THE  LAWS  RELATING  TO  ELECTIONS. 

Whereas,  The  purpose  of  this  act  is  to  protect  residents  of  Eiueigeiuy 


the  commonwealth  serving  in  or  with  the  armed  forces  of 
the  United  States,  or  serving  in  the  merchant  marine,  in  the 
exercise  of  their  right  of  suffrage  at  the  biennial  state  elec- 
tion in  the  year  nineteen  hundred  and  forty-four;   and 

Whereas,  It  is  urgent  that  the  advancing  of  the  date  of 
the  biennial  state  primary  in  said  year  and  certain  other 
temporary  changes  made  by  this  act  in  the  laws  relating  to 
elections  take  effect  at  once,  so  that  such  residents  will  be 
afforded  sufficient  opportunity  to  vote  by  absent  voting 
ballots  at  said  state  election,  therefore  this  act  is  hereby 
declared  to  be  an  emergency  law,  necessarj^  for  the  immediate 
preservation  of  the  public  convenience. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  in 
General  Court  assembled^  and  hy  the  authority  of  the  same, 
as  folloivs: 

Section  1.  The  biennial  state  primary  in  the  current 
year  shall  be  held  on  Tuesday,  the  eleventh  day  of  July, 
and  all  nomination  papers  and  certificates  of  nomination  to 
be  filed  with  the  state  secretary  for  the  purposes  of  said 
primary  and  of  the  biennial  state  election  in  said  year,  ex- 
cept any  certificate  of  nomination  of  president  and  vice  presi- 
dent and  any  certificate  of  nomination  of  presidential  electors 
made  by  a  poUtical  party,  as  defined  in  section  one  of  chapter 
fifty  of  the  General  Laws,  shall  be  filed  in  said  year  with  said 
secretary  on  or  before  five  o'clock  in  the  afternoon  of  Tues- 
day, the  twenty-third  day  of  May. 

In  any  city  or  town  wherein  the  voting  fist  of  said  year  is 
not  available  for  the  purpose  of  certifying  names  on  nomina- 
tion papers  filed  prior  to  said  primary,  or  for  use  thereat, 
the  voting  list  of  the  preceding  year,  as  amended  or  revised 
from  time  to  time,  may  be  used  therefor, 


preamblp 


Acts,  Special  Session,  1944. — Chap.  1. 

Section  2.  Notices  under  section  forty-two  of  chapter 
fifty-three  of  the  General  Laws,  relative  to  the  holding  of 
the  biennial  state  primary  in  the  current  year  by  wards, 
precincts  or  groups  of  precincts,  shall  be  filed  with  the  state 
secretary  on  or  before  the  first  day  of  May. 

Section  3.  The  provisions  of  sections  fifty  and  fifty-one 
of  chapter  fifty-one  of  the  General  Laws  shall,  for  the  pur- 
poses of  the  biennial  state  election  in  the  current  year,  ap- 
ply to  any  veteran  of  World  War  II,  so  called,  to  the  same 
extent  as  though  he  had  continued  to  serve  in  the  armed 
forces  of  the  United  States. 

Section  4.  The  provisions  of  section  ninet}^  of  chapter 
fifty-four  of  the  General  Laws,  other  than  the  last  sentence 
thereof,  shall  not  be  operative  for  the  purposes  of  any  state 
or  city  election  in  the  current  year. 

Section  5.  No  question  of  public  policy,  so  called,  shall 
be  submitted  at  the  biennial  state  election  in  the  current 
year  to  the  voters  of  any  district  under  sections  nineteen 
to  twenty-two,  inclusive,  of  chapter  fifty-three  of  the  Gen- 
eral Laws,  unless  the  application  therefor  shall  have  been 
filed  with  the  state  secretary  on  or  before  Wednesday,  the 
twelfth  day  of  July. 

Section  6.  No  other  question  which,  under  the  provisions 
of  any  general  or  special  law,  is  required  to  be  placed  on  the 
official  ballot  for  a  biennial  state  election  upon  the  filing  of 
a  petition  or  other  paper  with  the  state  secretary  shall  be 
placed  on  the  official  ballot  for  the  biennial  state  election  in 
the  current  year  unless  the  petition  or  other  paper  shall  have 
been  filed  with  said  secretary  on  or  before  Tuesday,  the 
eighteenth  day  of  July. 

Section  7.  No  objection  to  a  petition  for  a  referendum 
upon  a  law  which  already  has  otherwise  been  quafified  for 
submission  to  the  people  at  the  biennial  state  election  in  the 
current  year  shall  be  considered  under  section  twenty-two  A 
of  chapter  fifty-three  of  the  General  Laws,  unless  such  objec- 
tion shall  be  filed  with  the  state  secretary  on  or  before  the 
first  day  of  May. 

Section  8.  The  state  convention  of  each  poHtical  party, 
as  defined  in  section  one  of  chapter  fifty  of  the  General  Laws, 
to  be  held  in  the  current  year  shall  be  held  on  such  date,  not 
later  than  September  twenty-third,  as  may  be  determined 
by  the  state  committee  of  such  party.  Upon  determination 
of  such  date  by  such  a  committee,  its  chairman  and  secre- 
tary shall  forthwith  give  written  notice  thereof  to  the  state 
secretary.  Certificates  of  nomination  of  presidential  electors 
made  by  any  such  convention  held  in  said  year  shall  be  filed 
with  the  state  secretary  not  later  than  the  seventh  day  after 
the  session  of  said  convention  terminates. 

Section  9.  Section  two  of  chapter  two  hundred  and  sev- 
enty-nine of  tlie  acts  of  nineteen  hundred  and  forty-one  is 
hereby  amended  by  inserting  after  the  word  "first"  in  the 
third  line  the  words: —  paragraph  of  the  first. 


Acts,  Special  Session,  1944.  —  Chap.  1. 

Section  10.  In  the  current  year  each  city,  ward  and 
town  committee  of  a  political  party,  as  defined  in  section  one 
of  chapter  fifty  of  the  General  Laws,  shall  meet  and  organize 
not  later  than  the  tenth  day  of  June. 

Section  11.  The  words  "members  of  the  armed  forces  of 
the  United  States",  as  used  in  this  act  and  chapter  three 
hundred  and  ninety  of  the  acts  of  nineteen  hundred  and 
forty-three,  shall  include  persons  serving  in  the  merchant 
marine  of  the  United  States  or  persons  serving  in  the  Ameri- 
can Red  Cross,  the  Society  of  Friends,  the  Women's  Auxil- 
iary Service  Pilots  or  the  United  Service  Organizations  and 
attached  to  and  serving  with  such  armed  forces,  and  shall 
also  include  veterans  of  World  War  II,  so  called. 

Section  12.  The  state  secretary  may  prescribe  and  ar- 
range or  rearrange,  and  determine  the  location  of,  printed 
matter  on  absent  voting  ballots  and  envelopes  and  accom- 
panying voting  instructions  to  be  provided  for  use  at  the 
biennial  state  election  in  the  current  year  by  members  of  the 
armed  forces  of  the  United  States,  and  determine  the  size 
of  such  ballots,  envelopes  and  instructions,  the  size  of  the 
type  to  be  used  thereon  and  the  weight,  color  and  kind  of 
paper  to  be  used  therefor,  in  so  far  as  may  in  his  opinion  be 
necessary  for  the  purpose  of  facilitating  voting  by  absent 
voting  ballots  by  said  members  at  said  election,  and  may 
make  such  provision  for  the  mailing  and  delivery  of  said 
ballots  to  said  members,  and  may  provide  such  suitable 
forms  and  blanks,  as  may  in  his  opinion  be  necessary  for 
such  purpose. 

The  state  secretary  may  take  such  steps,  and  do  such 
things,  of  an  administrative  nature  as  in  his  opinion  are 
necessary  to  make  effective  any  provision  of  law  facilitating 
voting  by  absent  voting  ballots  by  members  of  the  armed 
forces  of  the  United  States  at  the  biennial  state  election  in 
the  current  year  and  to  utilize  fully  any  federal  or  other 
facilities  afforded  in  connection  with  such  voting. 

Section  13.  Any  form  of  written  communication  from  a 
member  of  the  armed  forces  of  the  United  States  evidencing 
a  desire  that  an  absent  voting  ballot  be  sent  to  him  for  use 
for  voting  at  the  biennial  state  election  in  the  current  year 
shall  be  given  the  same  effect  as  an  application  for  an  absent 
voting  ballot  made  in  a  form  prescribed  by  law,  and  any 
such  communication,  whether  or  not  in  the  form  of  an  appli- 
cation so  prescribed,  shall,  if  such  member  of  said  armed 
forces  is  not  a  registered  voter,  also  be  given  the  same  effect 
as  an  application  for  his  registration  made  by  kindred  in 
compliance  with  chapter  three  hundred  and  ninety  of  the 
acts  of  nineteen  hundred  and  forty-three.  No  such  com- 
munication shall  be  adversely  acted  upon  except  after  in- 
vestigation by  the  registrars  of  voters  or  election  commission 
or  commissioners,  as  the  case  may  be. 

Section  14.  Official  federal  war  ballots  provided  for  in 
Public  Law  Numbered  712  —  Seventy-seventh  Congress  — 
as  amended  by  Public  Law  Numbered  277  —  Seventy-eighth 


Acts,  Special  Session,  1944.  —  Chap.  1. 

Congress  —  Second  Session  —  are  hereby  authorized  to  bo 
used,  as  provided  therein,  for  voting  at  the  biennial  state 
election  in  the  current  year,  in  so  far  as  the  general  court  has 
power  to  authorize  the  same ;  but  such  a  ballot  so  used  shall 
be  counted  by  the  appropriate  election  officials  only  if  it 
appears  that  the  person  from  whom  such  ballot  is  received 
has  the  constitutional  qualifications  for  voting. 

Section  15.  Any  action  in  connection  with  voting  by 
state  absent  voting  ballots  which  may  lawfully  be  taken 
under  chapter  three  hundred  and  ninety  of  the  acts  of  nine- 
teen hundred  and  forty-three  or  any  other  provision  of  law 
by,  before  or  in  the  presence  of  an  official  authorized  by  law 
to  administer  oaths  or  a  commissioned  officer  in  the  military 
or  naval  forces  of  the  United  States  or  by  a  clerk  of  a  court 
of  record  may,  in  the  case  of  voting  by  state  absent  voting 
ballots  by  members  of  the  armed  forces  of  the  United  States 
at  the  biennial  state  election  in  the  current  year,  be  taken 
with  hke  effect  by,  before  or  in  the  presence  of  any  commis- 
sioned officer,  noncommissioned  officer  not  below  the  rank 
of  sergeant,  or  petty  officer,  in  the  military  or  naval  forces 
of  the  United  States,  or  by,  before  or  in  the  presence  of  any 
member  of  the  merchant  marine  of  the  United  States  who 
may  be  designated  by  the  Administrator  of  the  War  Shipping 
Administration  for  the  purpose  of  administering  and  attest- 
ing oaths  in  connection  with  voting  by  absent  voting  ballots. 

Section  16.  Section  two  of  chapter  thirteen  of  the  acts 
of  nineteen  hundred  and  forty-two  is  hereby  amended  by 
adding  at  the  end  the  following  new  clause:  — 

(18)  Administrative  matters  pertaining  to  the  conduct  of 
the  biennial  state  primary  and  biennial  state  election  in  the 
year  nineteen  hundred  and  forty-four,  including  measures 
designed  to  enable  members  of  the  armed  forces  of  the  United 
States  or  persons  serving  in  the  merchant  marine  of  the 
United  States  or  persons  serving  in  the  American  Red  Cross, 
the  Society  of  Friends,  the  Women's  Auxiliary  Service  Pilots 
or  the  United  Service  Organizations  and  attached  to  and 
serving  with  such  armed  forces,  or  veterans  of  World  War  II, 
so  called,  to  exercise  their  voting  franchises  at  said  election 
to  the  greatest  extent  possible. 

Section  17.  No  mere  informality  in  the  manner  of  carry- 
ing out  any  provision  of  law  aft'ecting  voting  by  absent  voting 
ballots  by  members  of  the  armed  forces  of  the  United  States 
at  the  biennial  state  election  in  the  current  year  shall  invafi- 
date  such  election  or  constitute  sufficient  cause  for  the  rejec- 
tion of  the  returns  thereof ;  and  such  provisions  shall  be  con- 
strued liberally  to  effectuate  their  purposes. 

Section  18.  The  various  provisions  of  this  act  are  hereby 
declared  to  be  separable;  and  if  any  provision  of  this  act  or 
the  application  of  any  provision  thereof  to  any  person  or 
circumstance  shall  be  held  invaUd,  the  validity  of  the  re- 
mainder of  the  act  and  the  applicability  of  such  provision 
to  other  persons  or  circumstances  shall  not  be  affected 
thereby.  Approved  April  5,  1944- 


Acts,  Special  Session,  1944.  —  Chaps.  2,  3. 
An  Act  providing  that  certain  liabilities  on  account  (JJidy       2 

OF  THE   BIENNIAL  STATE   PRIMARY   IN   THE   CURRENT  YEAR  "^ 

AND    THE    ENSUING    ELECTION    WHICH    WERE    AUTHORIZED 

BY    APPROPRIATIONS    FOR    THE    SUCCEEDING    FISCAL    YEAR 

MAY   BE   INCURRED  AND  PAID   DURING  THE   PRESENT  FISCAL 

YEAR. 

Whereas,  Because  of  the  advancing  of  the  date  for  holding  Emergen  cy 
the  biennial  state  primary  in  the  current  year,  it  is  necessary  p''®^'"^'" 
that  certain  liabilities  on  account  of  said  state  primary  and 
the  ensuing  election  which  were  authorized  by  appropriations 
for  the  succeeding  fiscal  year  be  incurred  during  the  present 
fiscal  year  and,  that  money  from  such  appropriations  be 
made  available  therefor  forthwith,  therefore  this  act  is  hereby 
declared  to  be  an  emergency  law,  necessary  for  the  immediate 
preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Liabilities  authorized  by  appropriations  in  items  0415-11, 
0504-01  and  0504-07  of  section  two  of  chapter  three  hun- 
dred and  seventy  of  the  acts  of  nineteen  hundred  and  forty- 
three  for  the  fiscal  year  ending  June  thirtieth,  nineteen  hun- 
dred and  forty-five  may  be  incurred  and  may  be  certified 
for  payment  by  the  comptroller  during  the  fiscal  year  ending 
June  thirtieth,  nineteen  hundred  and  forty-four,  but  such 
payments  shall  continue  to  be  chargeable  to  the  appropria- 
tions in  said  items  for  the  first  mentioned  fiscal  year. 

Approved  April  5,  1944- 


Chap. 


An  Act  making  temporary  provision  for  continuing 
the  present  lawful  use  of  certain  buildings  pending 
the  issue  of  certificates  of  inspection  by  the  depart- 
ment of  public  safety. 

Whereas,  It  is  necessary  that  this  act  take  effect  earlier  Emergency 
than  ninety  days  after  it  becomes  a  law  in  order  to  prevent  p'**"^'"- 
interruption  of  the  present  lawful  use  of  certain  buildings, 
therefore  this  act  is  hereby  declared  to  be  an  emergency  law, 
necessary   for   the   immediate    preservation   of   the    public 
convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Any  acknowledgment  of  an  application  to 
an  inspector  of  the  division  of  inspection  of  the  department 
of  public  safety  for  a  certificate  of  inspection  under  section 
twenty-eight  of  chapter  one  hundred  and  forty-three  of  the 
General  Laws,  as  amended  by  section  three  of  chapter  five 
hundred  and  forty-four  of  the  acts  of  nineteen  hundred  and 
forty-three,  which  shall  have  been  renewed  as  provided  in 
section  twenty-nine  of  said  chapter  one  hundred  and  forty- 
three,  as  amended  by  said  section  three,  may  be  further 
renewed  at  any  time  before  March  first,  nineteen  hundred 
and  forty-seven  in  like  manner  and  with  like  effect  for  such 


Acts,  Special  Session,  1944.  —  Chap.  3. 

further  periods  of  not  more  than  ninety  days  each  as  circum- 
stances may  require,  pending  the  granting  or  refusal  of  the 
certificate.  Such  an  acknowledgment  may  be  revoked  by 
an  inspector,  without  a  hearing  and  without  the  assignment 
of  any  cause  therefor,  at  any  time  when  in  his  opinion  the 
public  safety  requires. 

Section  2.  Any  such  acknowledgment  which  has  ceased 
since  September  tenth,  nineteen  hundred  and  forty-three 
to  have  effect  by  reason  solely  of  the  expiration  of  the  period 
of  renewal  authorized  by  said  section  twenty-nine  is  hereby 
revived  for  the  period  of  thirty  days  after  the  effective  date 
of  this  act  for  the  sole  purpose  of  permitting  a  further  renewal 
of  such  acknowledgment  under  section  one  of  this  act,  the 
provisions  of  which  section  shall  authorize  renewals  thereof 
to  the  same  extent  as  though  such  period  had  not  expired. 

Approved  April  5,  1944- 


RESOLVES.  SPECIAL  SESSION,  1944. 


Resolve  providing  for  certain  payments  on  account 
of  the  death  of  certain  members  of  the  present 
house  of  representatives. 

Resolved,  That  for  the  purpose  of  promoting  the  pubhc 
good,  there  be  ahowed  and  paid  out  of  the  treasury  of 
the  commonwealth  to  the  respective  widows  of  Nelson  B. 
Crosby  and  Dana  T.  Gallup,  who  died  while  members  of 
the  present  house  of  representatives,  an  amount  equal  to 
the  additional  amount  to  which  each  of  said  deceased  mem- 
bers would  have  been  entitled,  under  section  nine  of  chapter 
three  of  the  General  Laws,  as  amended,  for  the  current  term 
for  which  he  was  elected  had  he  lived  and  served  until  the 
end  of  said  term.  Said  amounts  shall  be  paid  from  the 
amount  appropriated  by  item  0101-04  of  section  two  of 
chapter  three  hundred  and  seventy  of  the  acts  of  nineteen 
hundred  and  forty-three.  Approved  April  18,  1944- 

Resolve   providing   for   a   hospital  addition   to   the 

soldiers'  home  in  MASSACHUSETTS  AND  PROVIDING  FOR 
FURTHER  STUDY  BY  THE  POST-WAR  REHABILITATION  COM- 
MISSION OF  POST-WAR  PROBLEMS  OF  THE  COMMONWEALTH 
RELATIVE   TO    VETERANS. 

Resolved,  That  there  shall  be  expended  under  the  direc- 
tion of  the  governor  from  the  War  Emergency  Fund,  estab- 
lished by  section  ten  of  chapter  three  hundred  and  seventy 
of  the  acts  of  nineteen  hundred  and  forty-three  or  from  any 
federal  funds  available  therefor,  or  both,  such  sums,  not 
exceeding  seven  hundred  and  fifty  thousand  dollars  in  the 
aggregate,  as  may  be  necessary  for  the  construction  of  a 
two  hundred  bed  hospital  or  domiciliary  addition  to  the 
Soldiers'  Home  in  Massachusetts,  at  Chelsea,  the  number  of 
each  type  of  bed  to  be  determined  by  the  Trustees  of  said 
Home,  and  for  furnishings  and  equipment  for  said  addition, 
such  construction  to  begin  as  soon  as  possible  after  the  nec- 
essary priorities 'for  first  class  materials  have  been  obtained 
from  the  proper  federal  authority;   and  be  it  further 

Resolved,  That,  because  of  the  fact  that  the  General 
Court  recognizes  the  imperative  duty  of  the  commonwealth 
in  collaboration  with  the  federal  government  to  provide  by 
legislation  for  the  proper  and  adequate  rehabilitation,  physi- 
cal, mental  and  financial,  of  all  of  its  citizens  serving,  who 
shall  serve  or  who  have  served  in  the  armed  forces  of  the 
United  States  during  the  existence  of  the  present  war  and 
have  been  or  shall  hereafter  be  discharged  from  such  service 
otherwise  than  by  a  dishonorable  discharge,  and  because 
the  General  Court  is  of  opinion  that  it  does  not  have  at  the 


Chap. 


Chap. 


Resolves,  Special  Session,  1944.  —  Chap.  2. 

present  time  sufficient  information  to  enable  it  to  prepare 
and  enact  legislation  adequate  to  accomplish  the  above 
objects  and  in  order  that  an  adequate  program  to  carry  out 
the  above  objects  to  the  fullest  possible  extent  may  be 
devised,  the  Post-War  Rehabilitation  Commission  is  hereby 
authorized  and  directed  to  continue  its  investigation  and 
study  of  measures  for  the  assistance  of  residents  of  the  com- 
monwealth referred  to  in  chapter  seventy-one  of  the  resolves 
of  nineteen  hundred  and  forty-three,  with  special  reference 
to  the  subject  matter  contained  in  the  preliminary  report  of 
said  commission,  being  current  house  document  numbered 
nineteen  hundred  and  six.  Approved  April  18,  1944- 


NOTE. 


The  General  Court  of  1943  at  a  special  session  in  1944 
passed  three  Acts  and  two  Resolves  which  received  executive 
approval. 

The  General  Court  was  prorogued  on  Tuesday,  April  IS, 
1944,  at  eight  o'clock  and  one  minute  p.m.,  the  session  having 
occupied  15  days. 


ACTS  AND  RESOLVES 


PASSED   BT   THE 


AT    ITS 

ANNUAL  SESSION 
1945 


Tlie  General  Court,  which  was  chosen  Xo\eniber  7,  l',>44, 
assembled  on  Wednesday,  the  third  day  of  January,  1945,  for  its 
first  annual  session. 

The  oaths  of  office  were  taken  and  subscribed  by  His  Excellency 
Maurice  J.  Tobin  and  His  Honor  Robert  F.  Bradford  on 
Thursday,  the  fourth  day  of  January,  in  the  presence  of  the  two 
Houses  assembled  in  convention. 


ACTS. 


An  Act  kelativk  to  the  holding  of  caucuses  in  cities  ^.'/^^^^      I 

AND    TOWNS   HAVING   ABSENT  VOTING   AT  MUNICIPAL   ELEC- 
TIONS. 

Whereas,    Tliere  are  a  nuiaber  of  towns  in  which  nouiina-  Eniersenoy 
tions  of  candidates  for  (own  office  are  made  by  caucuses  and  ^'^*"*"' 
which  have  accepted  provisions  of  law  for  absentee  voting; 
and 

Whereas,  Unless  this  act  becomes  operative  at  once^  the 
time  between  the  caucuses  and  the  town  elections  occurring 
in  the  current  year  in  such  towns  will  be  insufficient;  there- 
fore it  is  hereby  declared  to  be  an  emergency  law,  necessary 
for  the  immediate  preservation  of  the  public  convenience. 

Be  it  enacted  by  tlie  Senate  and  House  of  Representatives 
in  General  Court  assembled,  and  by  the  aufJiority  of  the 
same,  as  follows: 

Chapter  fifty-tliree  of  the  General  Laws  is  hereby  amended  Ed)"53^^§V2A, 
by  striking  out  section  seventy-two  A,  as  amended  by  sec-  etc!. 'amended.' 
tion  five  of  chapter  seventy-seven  of  the  acts  of  nineteen 
hundred  and  thirty-seven,  and  inserting  in  place  thereof  the 
following:  —  Section  72 A.     In  any  city  or  town  which  ac-  Caucuww, 
cepts  section  one  hundred  and  three  A  of  chapter  fifty-four,  hiding, 
caucuses  before  regular  city  or  town  elections  shall  be  held 
not  later  than  the  thirty-first  day  preceding  such  city^  or 
town  elections,  notwithstanding  any  contrary  provision  in 
any  general  or  special  law.       Approved  January  22,  19J^d. 


An    Act   authorizing   the    placing    of   the    office    of  Chap.      2 

CHIEF     OF     the     fire     DEPARTMENT     OF     THE     TOWN     OF 
PLYMOUTH   TINDER   THE   CIVIL   SERVICE   LAWS. 

He  it  enacted,  etc.,  as  follows: 

Section  1.  The  office  of  chief  of  the  fire  department  of 
the  town  of  Plymouth  shall,  upon  the  effective  date  of  this 
act,  become  subject  to  the  civil  service  laws  and  rules  and 
regulations  relating  to  permanent  members  of  fire  depart- 
ments in  towns,  and  the  tenure  of  office  of  any  incumbent 
thereof  shall  be  unlimited,  subject,  however,  to  said  laws, 
but  the  person  holding  said  office  on  said  effective  date 
shall  continue  to  serve  therein  only  until  the  expiration  of 
his  term  of  office  unless  prior  thereto  he  passes  a  non- 
competitive qualifying  examination  to  which  he  shall  be 
subjected  by  the  division  of  civil  service. 


4  Acts,  1945.  —  Chaps.  3,  4. 

Section  2.  This  act  shall  be  submitted  for  acceptance 
to  the  voters  of  said  town  at  the  annual  town  meeting  in 
the  current  year  in  the  form  of  the  following  question,  which 
shall  be  placed  upon  the  official  ballot  to  be  used  for  the 
election  of  town  officers  at  said  meeting:  "Shall  an  act 
passed  by  the  General  Court  in  the  year  nineteen  hundred 
and  forty-five,  entitled  'An  Act  authorizing  the  Placing  of 
the  Office  of  Chief  of  the  Fire  Department  of  the  Town  of 
Plymouth  under  the  Civil  Service  Laws',  be  accepted?" 
If  a  majority  of  the  votes  in  answer  to  said  question  is  in 
the  affirmative,  then  this  act  shall  thereupon  take  full  effect, 
but  not  otherwise.  Approved  January  34,  1945. 

Chap.      3  An  Act  providing  for  the  removal  from  civil  service 
OF  the  office  of  chief  of  police  of  the  town  of 

AUBURN. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  Chapter  fifty-two  of  the  acts  of  nineteen 
hundred  and  thirtj^-eight  is  hereby  repealed,  and  the  pro- 
visions of  section  one  thereof  shall  no  longer  apply  to  the 
office  of  chief  of  police  of  the  town  of  Auburn  or  to  any 
incumbent  of  said  office. 

Section  2.  This  act  shall  be  submitted  to  the  voters 
of  the  town  of  Auburn  at  the  annual  town  meeting  in  the 
current  j^ear  in  the  form  of  the  following  question,  which 
shall  be  placed  upon  the  official  ballot  to  be  used  for  the 
election  of  town  officers  at  said  meeting: — "Shall  an  act 
passed  by  the  General  Court  in  the  year  nineteen  hundred 
and  forty-five,  entitled  'An  Act  providing  for  the  removal 
from  civil  service  of  the  office  of  chief  of  police  of  the  town 
of  Auburn',  be  accepted?"  If  a  majority  of  the  votes  in 
answer  to  said  question  is  in  the  affirmative,  then  this  act 
shall  thereupon  take  full  effect,  but  not  otherwise. 

Approved  January  24,  1945. 

Chnp.      4  An  Act  relative  to  the  office  of  the  mayor  of  the 
city  of  boston  and  the  administration  of  the  affairs 

OF  said  city. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Notwithstanding  any  provisions  of  general 
law,  of  any  special  act  relating  to  the  city  of  Boston  or  of 
any  ordinance  of  said  city,  the  president  of  the  city  council 
of  said  city  in  office  on  the  effective  date  of  this  act,  here- 
after in  this  act  called  the  president,  or  any  successor  in 
said  office  in  the  event  of  his  death  or  resignation  from  said 
city  council,  hereafter  in  this  act  called  his  successor,  shall 
exclusively,  during  the  period  beginning  with  said  effective 
date  and  ending  on  the  date  of  qualification  of  the  person 
first  elected  by  popular  vote  after  said  effective  date  to  the 
office  of  mayor  of  said  city,  possess  all  the  rights  and  powen, 


Acts,  1945.  —  Chap.  5. 

perform  all  of  the  duties  and  be  subject  to  all  of  the  obliga- 
tions of  mayor  of  said  city,  subject,  however,  to  the  following 
provisions :  — 

(a)  The  president  and  his  successor,  if  any,  while  exer- 
cising the  rights  and  powers  and  performing  the  duties  of 
mayor  under  any  provision  of  this  act,  shall  be  entitled  to 
compensation  at  the  same  rate  as  that  prescribed  by  city 
ordinance  for  the  mayor  of  said  city,  but  shall  not,  during 
said  period,  be  entitled  to  any  compensation  as  a  member 
of  the  city  council;  provided,  that  the  president  shall  be 
entitled  to  such  compensation  from  January  fourth,  nineteen 
hundred  and  forty-five; 

(b)  Nothing  in  this  act  shall  be  deemed  to  derogate  from 
the  powers  and  duties  of  the  president  or  his  successor  in 
his  capacity  as  president  and  a  member  of  said  city  council 
or  affect  his  tenure  as  such  president  or  member; 

(c)  While  the  president  or  his  successor  is  unable,  because 
of  absence  or  other  cause,  to  exercise  the  powers,  rights, 
duties  and  obligations  conferred  and  imposed  upon  him  by 
this  act,  or  while  there  is  no  president  of  the  city  council, 
the  city  clerk  shall  exercise  and  perform  such  powers,  rights, 
duties  and  obligations;  provided,  that  he  shall  exercise  and 
perform  the  same  only  in  matters  not  admitting  of  delay 
and  that  in  no  event  shall  he  have  power  to  make  permanent 
appointments.  While  serving  as  acting  mayor  under  this 
act,  the  city  clerk  shall  receive  no  extra  compensation  as 
such  acting  mayor. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  January  25,  191^5. 


An  Act  authorizing  the  town  of  walpole  to  pay  a  Chap.      5 

CERTAIN  SUM  OF  MONEY  TO  THE  LOVETT  CORPORATION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Walpole  is  hereby  authorized  to 
appropriate  the  sum  of  four  himdred  and  twenty-three  dol- 
lars and  sixty-six  cents  and  pay  the  same  to  The  Lovett 
Corporation  in  full  settlement  of  its  claim  against  said  town 
for  reimbursement  on  account  of  money  expended  by  said 
corporation  in  connection  with  the  construction  of  water 
works  in  Calvert  road,  a  private  way  in  said  town  which 
has  since  been  accepted  as  a  public  way;  provided,  that  no 
payment  shall  be  made  hereunder  unless  and  until  said 
The  Lovett  Corporation  shall  have  released  to  said  town, 
by  proper  instrument  or  instruments,  all  right,  title  and 
interest  said  corporation  may  have  in  said  works. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  January  29,  1945. 


Acts,  1945.  —  Chaps.  6,  7,  8. 


Chap.      6  A\  Act  ai;thokizin(;  thio  town  of  kockpokj'  to  invest 

IK    FEDERAL    GOVERNMENT    BONDS   THE    UNEXPENDED    BAL- 
ANCE   OF    A    CERTAIN    LOAN    ISSUED    BY    SAID    TOWN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Rockport,  under  and  subject  to 
section  one  of  chapter  five  of  the  acts  of  nineteen  hundred 
and  fortj^-t  hree,  may  invest  in  defense  bonds,  war  bonds  or 
other  bonds  issued  by  the  federal  government  a  sum  not 
exceeding  twenty-one  thousand,  nine  hundred  and  seventy- 
eight  dollars  and  seventy-seven  cents  now  in  the  town 
treasury,  said  sum  being  the  unexpended  balance  of  a  loan 
issued  by  said  town  under  authority  of  section  one  of  chapter 
two  Imndred  and  eight3'-seven  of  the  acts  of  nineteen  hun- 
dred and  twenty-two,  as  amended  by  section  one  of  chapter 
sixty-live  of  the  acts  of  nineteen  hundred  and  twenty-four. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  January  29,  1945. 


Chap.  7  An  Act  authorizing  the  town  of  andover  to  appro- 
priate  money   in  advance   for  the   celebration   of 

THE  tercentenary  OF  THE  FOUNDING  OF  THE  TOWN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Andover  may  appropriate 
money  in  the  year  nineteen  hundred  and  forty-five  for  the 
celebration,  in  the  year  nineteen  hundred  and  forty-six  or 
in  any  later  year  to  which  said  celebration  may  be  post- 
poned by  said  town,  of  the  tercentenary  of  the  founding  of 
the  town.  Money  so  appropriated  may  be  expended  for 
said  purpose  in  the  years  nineteen  hundred  and  forty-five 
and  nineteen  hundred  and  fortj'-six,  and  in  succeeding  years 
up  to  and  including  the  year  in  which  said  celebration  occurs. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  January  29,  1945. 

Chai)  8  ^^  ^^'^  '^^  eliminate  any  special  election  of  mayor 
in  the  city  of  boston  prior  to  the  next  regular 
municipal  election. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  There  shall  be  no  special  election  to  fill  any 
vacancy  in  the  office  of  maj^or  of  the  city  of  Boston  prior 
to  the  regular  municipal  election  to  be  held  in  said  city  in 
the  current  year,  notwithstanding  the  provisions  of  section 
forty-seven  of  chapter  four  hundred  and  eighty-six  of  the 
acts  of  nineteen  hundred  and  nine,  as  most  recently  amended 
by  section  seven  of  chapter  four  hundred  and  seventy-nine 
of  the  acts  of  nineteen  hundred  and  twenty-four. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  January  29,  1945. 


Acts,  1945. —  Chap.  9. 


A\   Act  althorizlng  thk  town   of   north   reading  to  (;/,ff-»       9 

ESTABLISH    A    BOARD    OF    PUBLIC    WORKS    E\ERCISIN(J    THE  ^' 

POWERS    OF    CERTAIN    OTHER    BOARDS,    DEPARTMENTS    AND 
TOWN   OFFICERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  There  shall  be  established  in  the  town  of 
North  Reading  an  unpaid  board  of  public  works,  herein- 
after called  the  board,  to  consist  of  three  members.  The 
initial  members  thereof  shall  be  elected  one  to  serve  for  one 
year,  one  for  two  years,  and  one  for  three  years,  from  the 
date  of  the  annual  town  election  at  which  they  are  elected, 
and  thereafter,  when  the  term  of  any  member  expires,  his 
successor  shall  be  elected  to  serve  for  three  years.  In  all 
cases  the  members  shall  serve  until  their  successors  are 
quaUfied.  The  members  of  the  board  shall,  forthwith  after 
each  annual  town  election,  elect  one  of  their  members  to 
act  as  chairman  for  the  ensuing  year.  In  case  of  a  vacancy, 
the  remaining  members  of  the  board,  if  they  constitute  a 
quorum,  may  fill  such  vacancy  until  the  next  annual  town 
election,  when  a  new  member  shall  be  elected  to  fill  the 
unexpired  term. 

Section  2.  Upon  the  qualification  of  the  initial  members 
of  the  board,  the  board  shall  have  all  the  powers,  rights  and 
duties  now  or  from  time  to  time  vested  by  general  or  special 
law  in  the  following  boards,  departments  and  officers  in 
said  town,  to  wit:  water  commissioners,  sewer  commis- 
sioners, highway  department  including  the  superintendent 
of  streets,  park  department,  moth  department,  board  of 
survey  and  tree  warden,  and  such  boards,  departments  and 
offices  shall  thereupon  be  abolished  during  such  time  as 
this  act  is  in  effect  as  to  them,  respectively.  No  contracts 
or  liabilities  in  force  on  the  date  when  this  act  becomes 
fully  effective  shall  be  affected  by  such  abolition,  but  the 
board  shall  in  all  respects  be  the  lawful  successor  of  the 
boards,  departments  and  offices  so  abolished. 

Section  3.  The  board  shall  appoint  and  fix  the  com- 
pensation of  a  superintendent  of  public  works,  who  shall 
exercise  and  perform,  under  its  supervision  and  direction, 
such  of  the  powers,  rights  and  duties  transferred  to  it  under 
section  two  as  it  may  from  time  to  time  designate.  He  shall 
be  responsible  for  the  efficient  exercise  and  performance  of 
such  powers,  rights  and  duties,  and  shall  hold  office  subject 
to  the  will  of  the  board.  He  shall  be  specially  fitted  by 
training  and  experience  to  perform  the  duties  of  said  office, 
and  may  or  may  not  be  a  resident  of  the  town.  During 
his  tenure  he  shall  hold  no  elective  or  other  appointive 
office,  nor  shall  he  be  engaged  in  any  other  business  or 
occupation.  He  shall  give  to  the  town  a  bond  with  a  surety 
company  authorized  to  transact  business  in  the  common- 
wealth as  surety,  for  the  faithful  performance  of  his  duties, 
in  such  sum  and  upon  such  conditions  as  the  board  may 


Acts,  1945. —  Chap.  10. 

require,  and  shall,  subject  to  the  approval  of  the  board, 
appoint  such  assistants,  agents  and  employees  as  the  exercise 
and  performance  of  his  powers,  rights  and  duties  may  re- 
quire. He  shall  keep  full  and  complete  records  of  the 
doings  of  his  office  and  render  to  the  board  as  often  as  it 
may  require  a  full  report  of  all  operations  under  his  control 
during  the  period  reported  upon;  and  annually,  and  from 
time  to  time  as  required  by  the  board,  he  shall  make  a 
synopsis  of  such  reports  for  publication.  He  shall  keep  the 
board  fully  advised  as  to  the  needs  of  the  town  within  the 
scope  of  his  duties,  and  shall  annually  furnish  to  the  board, 
not  less  than  ten  days  prior  to  the  expiration  of  the  fiscal 
year  of  said  town,  a  carefully  prepared  and  detailed  estimate 
in  writing  of  the  appropriations  required  during  the  next 
succeeding  fiscal  year  for  the  proper  exercise  and  performarlce 
of  all  said  powers,  rights  and  duties. 

Section  4.  The  town  may  rescind  all  or  any  part  of 
the  action  taken  by  it  in  pursuance  of  this  act  by  a  majority 
vote  of  the  legal  voters  present  and  voting  thereon  by  ballot 
at  any  town  meeting  held  after  three  years  following  the 
annual  town  election  at  which  this  act  becomes  fully  effec- 
tive and  at  least  thirty  days  before  the  annual  town  election 
next  to  be  held  after  such  meeting,  and  thereupon  said  town 
shall,  at  said  next  annual  town  election,  nominate  and  elect 
such  officers  as  are  necessary  to  exercise  and  perform  such 
of  the  powers,  rights  and  duties  transferred  to  the  board 
under  section  two  as  are  affected  by  such  later  vote. 

Section  5.  This  act  shall  be  submitted  for  acceptance 
to  the  legal  voters  of  said  town,  present  and  voting  thereon 
at  a  town  meeting  held  not  later  than  thirty  days  before 
the  annual  town  election.  At  such  meeting  there  shall  be 
placed  upon  the  warrant  the  following  question: —  "To  see 
if  the  town  will  vote  to  accept  an  act  passed  by  the  general 
court  in  the  year  nineteen  hundred  and  forty-five,  entitled 
'An  act  authorizing  the  Town  of  North  Reading  to  Estab- 
lish a  Board  of  Public  Works  Exercising  the  Powers  of 
Certain  Other  Boards,  Departments  and  Town  Officers.'" 
If  a  majority  of  the  votes  in  answer  to  said  question  are  in 
the  affirmative,  this  act  shall  become  fully  effective  begin- 
ning with,  and  for  the  purposes  of,  the  next  annual  town 
election;  but  if  the  result  of  such  vote  is  otherwise,  this 
act  shall  be  void.  Approved  January  29,  19J^5. 


Chap.    10  An  Act  authorizing  the  town  of  hingham  to  borrow 

MONEY    FOR    SCHOOL    PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purposes  of  acquiring  land  for  and 
constructing  one  or  more  school  buildings,  or  constructing 
additions  to  existing  school  buildings,  and  of  originally  equip- 
ping and  furnishing  the  same,  the  town  of  Hingham  may 
borrow  from  time  to  time,  within  a  period  of  five  yeaivs  from 


Acts,  1945.  —  Chaps.  11,  12. 

the  passage  of  this  act,  such  sums  as  may  be  necessary,  not 
exceeding,  in  the  aggregate,  two  hundred  thousand  dollars, 
and  may  issue  bonds  or  notes  therefor,  which  shall  bear  on 
their  face  the  words,  Hingham  School  Building  Loan,  Act 
of  1945.  Each  authorized  issue  shall  constitute  a  separate 
loan,  and  such  loans  shall  be  paid  in  not  more  than  twenty 
years  from  their  dates.  Indebtedness  incurred  under  this 
act  shall  be  in  excess  of  the  statutory  limit,  but  shall,  except 
as  herein  provided,  be  subject  to  chapter  forty-four  of  the 
General  Laws,  exclusive  of  the  limitation  contained  in  the 
first  paragraph  of  section  seven  thereof. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  January  SO,  1945. 


An  Act  authorizing  the  selectmen  of  the  town  of  Chap.   11 

LEXINGTON  TO  APPOINT  A  BOARD  OF  HEALTH. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  There  shall  be  in  the  town  of  Lexington  a 
board  of  health,  consisting  of  three  members  appointed  by 
the  selectmen  of  said  town,  which  shall  have  all  the  powers 
and  duties  now  or  from  time  to  time  vested  by  general  law 
in  boards  of  health.  Of  the  members  first  appointed,  one 
shall  serve  for  one  year,  one  for  two  years  and  one  for  three 
years,  and  annually  thereafter  one  member  of  said  board 
shall  be  appointed  to  serve  for  three  years.  Upon  the  initial 
organization  of  the  board  of  health  appointed  under  author- 
ity of  this  act,  the  board  of  selectmen,  acting  as  the  board  of 
public  works  as  provided  by  chapter  one  of  the  acts  of  nine- 
teen hundred  and  twenty-two,  shall  cease  to  exercise  the 
powers  and  duties  of  a  board  of  health. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  the  town  of  Lexington  at  a  regular  town  meet- 
ing held  prior  to  January  first,  nineteen  hundred  and  forty- 
seven.  Approved  January  SO,  1945. 

An  Act  relative  to  the  acquisition  by  the  federal  (Jj^aj)^    [2 
government  of  property  in  this  commonwealth  un- 
der the  federal  law  known  as  the  migratory  bird 
conservation  act. 

Whereas,  It  appears  that  more  property  has  been  ac-  Emergency 
quired  in  this  commonwealth  by  the  federal  government  p''"*'"'''^- 
under  the  federal  migratory  bird  conservation  act,  so  called, 
than  is  necessary,  and  it  is  essential  that  the  acquisition  of 
such  property  thereunder  be  discontinued  in  this  common- 
wealth as  soon  as  may  be,  therefore  this  act  is  hereby  de- 
clared to  be  an  emergency  law,  necessary  for  the  immediate 
preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  ninety-seven  of  chapter  one  hundred  and  thirty-  g.  l.  (Xer. 
one  of  the  General  Laws,  as  appearing  in  section  two  of  ^d§97A,*^^ 

repealed. 


10  Acts,  1945.  —  Chap.  13. 

chapter  five  hundred  and  ninety-nine  of  the  acts  of  nineteen 
hundred  and  forty-one,  and  section  ninety-seven  A  of  said 
chapter  one  hundred  and  thirty-one,  inserted  by  chapter 
four  hundred  and  sixty-three  of  the  acts  of  nineteen  hun- 
dred and  forty-three,  are  hereby  repealed.  Notwithstand- 
ing such  repeal,  the  commonwealth  shall  continue  to  reserve 
to  itself  full  and  complete  jurisdiction  and  authority,  to  the 
extent  provided  by  said  section  ninety-seven,  over  any  areas 
lawfully  acquired  therein  prior  to  the  effective  date  of  this 
act  and  held  by  the  United  States,  in  accordance  with  the 
act  of  congress  approved  February  eighteenth,  nineteen 
hundred  and  twenty-nine,  known  as  the  migratory  bird  con- 
servation act,  and  acts  in  amendment  thereof  and  in  addi- 
tion thereto  or  in  substitution  therefor,  and  the  provisions 
of  said  section  ninety-seven  A  of  said  chapter  one  hundred 
and  thirty-one  shall  continue  to  apply  with  respect  to  any 
such  areas  lawfully  acquired  and  held  as  aforesaid. 

Approved  January  31,  1945. 


Ch(i]>.    13  An  Act  to  authorize  the  county  of  dukes  county  to 

BORROW  money  ON  ACCOUNT  OF  HURRTCANE  DAMAGE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  county  treasurer  of  the  county  of  Dukes 
County,  with  the  approval  of  the  county  commissioners,  may 
borrow  from  time  to  time  on  the  credit  of  the  county  such 
sums  as  may  be  necessary,  not  exceeding,  in  the  aggregate, 
twenty  thousand  dollars,  and  may  issue  bonds  or  notes  of 
the  county  therefor,  which  shall  bear  on  their  face  the  words, 
County  of  Dukes  County  Hurricane  Damage  Loan,  Act  of 
1945.  Such  loan  shall  be  payable  in  not  more  than  five 
years  from  the  date  thereof,  as  determined  by  the  treasurer 
with  the  approval  of  the  county  commissioners.  Said  bonds 
or  notes  shall  be  signed  by  the  treasurer  of  said  county  and 
countersigned  by  a  majority  of  the  county  commissioners. 
The  county  may  sell  such  securities  at  public  or  private 
sale.  Indebtedness  incurred  under  this  act  shall,  except  as 
herein  provided,  be  subject  to  chapter  thirty-five  of  the 
General  Laws.  The  proceeds  of  the  loan  shall  be  used  only 
for  repairing  damages  caused  bj^  the  hurricane  of  nineteen 
hundred  and  forty-four,  in  cooperation  with  the  department 
of  public  works. 

Section  2.  This  act  shall  take  full  effect  upon  its  accept- 
ance during  the  current  year  by  the  county  commissioners 
of  the  county  of  Dukes  County,  but  not  otherwise. 

Approved  February  1,  191,5. 


Acts,  1945.  —  Chaps.   14,  LV  11 

An    Act  authorizing;   thk   commissioner  of   labor   and  ('/kij)     14 
industries  to  suspend    until  april   first,    nineteen 
hundred    and    forty-six,    the    six    o'clock    law,    so 
called,   relating  to  the   hours  of   employment  of 
women  in  the  textile  industry. 

Whereas,  Provisions  of  law  similar  to  those  set  forth  in  Emergency 
this  act  will  cease  to  be  effective  on  April  first  of  the  current  ^'^^^"^  "' 
year,  but  the  circumstances  and  conditions  which  made  ad- 
visable their  enactment  still  continue,  and  it  is  accordingly 
desirable  that  said  provisions  be  made  continuously  effective 
until  April  first,  nineteen  hundred  and  forty-six,  and  tiiat 
there  be  no  interruption  in  the  effectiveness  thereof,  there- 
fore it  is  hereby  declared  to  be  an  emergency  law,  necessary 
for  the  immediate  preservation  of  the  public  convenience. 

lie  it  enacted,  etc  ,  as  follows: 

Section  one  of-  chapter  three  hundred  and  forty-seven  of 
the  acts  of  nineteen  hundred  and  thirty-three,  as  most  re- 
cently amended  by  chapter  three  hundred  and  six  of  the 
acts  of  nineteen  hundred  and  forty-three,  is  hereby  further 
amended  by  striking  out,  in  the  fifth  line,  the  word  "forty- 
five"  and  inserting  in  place  thereof  the  word: — forty-six, 
—  so  as  to  read  as  follows: —  Section  1.  The  connnissioner 
of  labor  and  industries  is  herel^y  authorized,  in  confomiity 
with  Article  XX  of  Part  the  First  of  the  Constitution  of  tiie 
Commonwealth,  to  suspend,  until  April  first,  nineteen  hun- 
dred and  forty-six,  subject  to  such  restrictions  and  condi- 
tions as  the  said  commissioner  may  prescribe,  so  much  of 
section  fifty-nine  of  chapter  one  hundred  and  forty-nine  of 
the  General  Laws,  as  amended,  as  prohibits  the  employment 
of  women  in  the  manufacture  of  textile  goods  after  six  o'clock 
in  the  evening;  and,  during  the  time  of  such  suspension, 
those  parts  of  said  section  fifty-nine  which  are  so  suspended 
shall  be  inoperative  and  of  no  effect. 

Approved  February  5,  19Jf.5. 


Chap.   15 


An  Act  further  extending  the  existence  of  the  mash- 
pee   ADVISORY   commission. 

Whereas,    The  existence  of  the  Mashpee  Advisory  Com-  Emergency 
mission  expires  by  law  on  April  fifteenth  next;  and  preambe. 

Whereas,  It  is  essential  to  the  welfare  of  the  inhabitants 
of  the  town  of  Mashpee  that  said  commission  be  empowered 
to  continue  to  function  without  interruption,  and  the  de- 
ferred operation  of  this  act  would  tend  to  defeat  its  purpose, 
which  is  to  enable  said  commission  so  to  function  without 
interruption,  therefore  this  act  is  hereb}'^  declared  to  be  an 
emergency  law,  necessan,'  for  the  immediate  preservation  of 
the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  of  chapter  two  hundred  and  twenty-three  of 
the  acts  of  nineteen  hundred  and  thirty-two,  as  most  re- 


12  Acts,  1945.  —  Chap.  16. 

cently  amended  by  section  one  of  chapter  one  hundred  and 
eighty-nine  of  the  acts  of  nineteen  hundred  and  forty-one, 
is  hereby  further  amended  by  striking  out,  in  the  ninth 
line,  the  word  "forty-five"  and  inserting  in  place  thereof  the 
word:  —  forty-eight,  —  so  as  to  read  as  follows:  —  Section  1. 
There  is  hereby  established  an  unpaid  commission,  under 
the  title  of  the  Mashpee  Advisory  Commission,  hereinafter 
called  the  commission,  to  consist  of  three  members,  each  of 
whom  shall  be  the  head  of  a  state  department  or  the  head 
of  a  division  thereof,  designated  by  the  governor,  with  the 
advice  and  consent  of  the  council,  and  shall  serve  for  a  period 
terminating  April  fifteenth,  nineteen  hundred  and  forty- 
eight.  The  governor,  with  like  advice  and  consent,  shall, 
from  time  to  time,  designate  one  of  the  members  as  chair- 
man, may  remove  any  member  and  shall  fill  any  vacancy 
in  the  commission  for  the  unexpired  term.  The  action  of 
any  two  of  the  members  shall  constitute  the  action  of  the 
commission;  and  whenever  any  action  by  the  commission 
is  required  to  be  in  writing,  such  writing  shall  be  sufficient 
when  signed  by  any  two  of  the  members.  The  commission 
may  employ,  at  the  expense  of  the  town  of  Mashpee,  such 
assistants  as  it  may  deem  necessary.  The  commission  may 
assign  for  specific  or  general  employment  one  or  more  per- 
sons within  a  state  department  or  division  in  charge  of  any 
member  of  the  commission,  and  any  expense  incurred  by 
reason  of  such  assignment  shall  be  certified  by  the  commis- 
sion to  the  state  treasurer,  and  shall  be  collected  by  him  as 
an  additional  state  tax  upon  said  town. 

Approved  February  5,  1945. 


Chap.    16  An  Act  authorizing  the  town  of  adams  to  appropriate 

MONEY  TO  RESTORE  BEQUESTS  FOR  MAINTAINING  CEME- 
TERY LOTS  PAID  TO  THE  CEMETERY  COMMISSIONERS  OR 
SEXTON   AND    NOT   ACCOUNTED    FOR. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  discharging  a  moral  obli- 
gation, the  town  of  Adams  may  appropriate  sums  of  money 
for  the  purpose  of  placing  in  the  town  treasury  amounts 
equal  in  the  aggregate  to  the  proceeds  of  bequests  for  main- 
taining cemetery  lots  which  were  paid  to  the  cemetery  com- 
missioners or  sexton  and  not  accounted  for,  as  shown  in  a 
report  of  an  audit  of  cemetery  accounts  of  the  town  by  the 
director  of  accounts  in  the  department  of  corporations  and 
taxation. 

Section  2.  This  act  shall  take  full  effect  upon  its  accept- 
ance during  the  current  year  by  the  town,  but  not  other- 
wise. Approved  February  5,  1945. 


Acts,  1945. —  Chaps.  17,  18,  19.  13 

An  Act  relative  to  the  filing  with  the  town  clerk  of  QJiqj)     I'J 

WAREHAM  IN  THE  CURRENT  YEAR  OF  NOMINATION  PAPERS 
OF    CANDIDATES    FOR   TOWN    OFFICE    IN    SAID    TOWN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Any  provision  in  section  seven  or  section  ten 
of  chapter  fifty-three  of  the  General  Laws  to  the  contrary 
notwithstanding,  in  the  current  year  all  nomination  papers 
of  candidates  for  town  office  in  the  town  of  Wareham,  certi- 
fied by  the  registrars  of  voters  thereof,  may  be  filed  with 
the  town  clerk  of  said  town  on  or  before  five  o'clock  in  the 
afternoon  of  February  seventh. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  February  6,  1945. 

An  Act  permitting  the  late  filing  of  certificates  of  (^'/j^tj     ig 

nomination  AND  NOMINATION  PAPERS  FOR  THE  ANNUAL 
TOWN  ELECTION  OF  THE  TOWN  OF  DEDHAM  IN  THE  CUR- 
RENT  YEAR. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Certificates  of  nomination  and  nomination 
papers  of  candidates  for  town  offices  in  the  town  of  Ded- 
ham  to  be  elected  at  the  annual  town  election  of  said  town 
in  the  current  year  may  be  filed  with  the  town  clerk  during 
the  periods  prescribed  by  section  ten  of  chapter  fifty-three 
of  the  General  Laws  for  the  filing  of  such  certificates  and 
nomination  papers,  respectively,  in  any  town  which  has  not 
accepted  section  one  hundred  and  three  A  of  chapter  fifty- 
four  of  the  General  Laws,  notwithstanding  the  fact  that  the 
town  of  Dedham  has  accepted  said  section  one  hundred  and 
three  A. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  February  6,  1945. 


An  Act  permitting  the  late  filing  of  certificates  of  nhn-n     1Q 
nomination  and  nomination  papers  for  the  annual 
town   election   of   the   town   of   weymouth   in   the 
current  year. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Certificates  of  nomination  and  nomination 
papers  of  candidates  for  town  offices  in  the  town  of  Wey- 
mouth to  be  elected  at  the  annual  town  election  of  said  town 
in  the  current  year  may  be  filed  with  the  town  clerk  during 
the  periods  prescribed  by  section  ten  of  chapter  fifty-three 
of  the  General  Laws  for  the  filing  of  such  certificates  and 
nomination  papers,  respectively,  in  any  town  which  has  not 
accepted  section  one  hundred  and  three  A  of  chapter  fifty- 
four  of  the  General  Laws,  notwithstanding  the  fact  that  the 


14 


Acts,  1945.  —  Chaps.  20,  21, 


town  of  Weymouth  has  accepted  said  section  one  hundred 
and  three  A. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  February  6,  194-5. 


G.  T>.  (Ter. 
Rd.).  53 , 
§  17A.  etc., 
amended. 


Chap.   20  An  Act  relative  to  acceptances  of  nominations  by 

CANDIDATES   FOR   ELECTION   TO   STATE   COMMITTEES   OF   PO- 
LITICAL  PARTIES    WHO   ARE    ENDORSED    BY    CONVENTIONS. 

Be  it  enacted,  etc.,  as  follows: 

The  j5fth  paragraph  of  section  seventeen  A  of  chapter 
fifty-three  of  the  General  Laws,  as  appearing  in  chapter 
three  hundred  and  ninety-seven  of  the  acts  of  nineteen  hun- 
dred and  thirty-eight,  is  hereby  amended  by  striking  out,  in 
the  second  line,  the  words  "within  ten  days  from  the 'day 
when  the  convention  terminates"  and  inserting  in  place 
thereof  the  words:  —  not  later  than  the  last  day  and  hour 
for  filing  nomination  papers  for  said  membership,  —  so  as 
to  read  as  follows :  — 

Each  candidate  endorsed  by  such  a  convention  shall  not 
later  than  the  last  day  and  hour  for  filing  nomination  papers 
for  said  membership  file  with  the  state  secretary  his  written 
acceptance  of  the  nomination,  otherwise  his  name  shall  not 
be  printed  on  the  ballot  as  a  candidate  for  member  of  the 
state  committee  for  which  he  was  nominated.  Such  candi- 
date may  not  withdraw  such  acceptance. 

Approved  February  6,  1945. 


Members  of 
.state  com- 
mittee, 
acceptance  of 
nomination. 


Chap.    21  An  Act  providing  for  the  election  or  appointment  of 

AN  appropriation,   ADVISORY   OR   FINANCE   COMMITTEE    BY 
THE   TOWN   OF    EASTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Easton,  notwithstanding  the 
provisions  of  section  sixteen  of  chapter  thirty-nine  of  the 
General  Laws,  may  provide  by  by-law  for  the  election  of  an 
appropriation,  advisory  or  finance  committee,  as  well  as  for 
the  appointment  of  such  a  committee  under  said  section 
sixteen,  and  such  a  committee  so  elected  shall  have  the  same 
powers  and  duties  as  a  committee  appointed  under  said 
section  sixteen.  Any  vote  or  any  by-law  of  said  town  au- 
thorizing the  election  of  such  a  committee  passed  or  adopted 
prior  to  the  effective  date  of  this  act,  and  all  acts  done  by  a 
committee  so  elected,  are  hereby  confirmed  and  made  valid 
to  the  same  extent  as  if  this  act  had  been  in  effect  at  the 
time  of  the  passage  of  such  vote  or  the  adoption  of  such 
by-law. 

Section  2.  This  act  shall  take  full  effect  upon  its  accept- 
ance by  a  majority  of  the  registered  voters  of  the  town  of 
Easton  voting  thereon  at  the  annual  town  meeting  in  the 
year  nineteen  hundred  and  forty-five,  or  at  a  special  town 
meeting  held  thereafter,  but  not  otherwise. 

Approved  February  6,  1945. 


Acts,  1945. —  Chap.  22.  15 


An  Act  permitting  members  of  the  board  of  public  Chan.   22 

WORKS  AND  the  SUPERINTENDENT  OF  PUBLIC  WORKS  IN 
THE  TOWN  OF  READING  TO  HOLD  OFFICE  AS  TOWN  MEETING 
MEMBERS. 

He  it  enacted,  etc.,  as  folloics: 

Section  1.  Section  one  of  chapter  one  hundred  and 
eighteen  of  the  acts  of  nineteen  hundred  and  twenty-one  is 
hereby  amended  by  adding  at  the  end  the  following  words: 
—  ,  but  nothing  herein  shall  prohibit  the  members  of  the 
board  from  serving  as  town  meeting  members  if  elected  to 
such  office  under  any  form  of  representative  town  meeting 
government. 

Section  2.  Section  four  of  said  chapter  one  hundred  and 
eighteen  is  hereby  amended  by  inserting  after  the  word 
"occupation",  iij  the  twelfth  line,  the  words:  — - ,  but  noth- 
ing herein  shall  prohibit  the  superintendent  from  holding 
the  office  of  town  meeting  member  if  elected  to  such  office 
under  anj^  form  of  representative  town  meeting  govern- 
ment,—  so  as  to  I'ead  as  follows:  —  Section  4.  The  board 
shall,  as  soon  as  practicable  after  every  election  thereto, 
appoint  an  agent  who  shall  be  known  as  the  superintendent 
of  public  works  and  shall  be  the  administrative  head  of  all 
departments  of  the  town  coming  within  the  board's  super- 
vision. He  shall  be  subject  to  the  direction  and  supervision, 
and  shall  hold  office  at  the  will  of  the  board,  shall  be  spe- 
cially fitted  by  education,  training,  or  experience  to  perform 
the  duties  of  said  office,  shall  be  chosen  irrespective  of  his 
political  opinions,  and  may  or  may  not  be  a  resident  of  the 
town.  During  his  tenure  he  shall  hold  no  other  elective  or 
appointive  office,  nor  shall  he  be  engaged  in  an}-  other  busi- 
ness or  occupation,  but  nothing  herein  shall  prohibit  the 
superintendent  from  holding  the  office  of  town  meeting 
member  if  elected  to  such  office  under  any  form  of  repre- 
sentative town  meeting  government.  He  shall  be  respon- 
sible for  the  efficient  administration  of  all  departments 
within  the  scope  of  his  dut3\  He  shall  give  bond  to  the 
town  for  the  faithful  performance  of  his  duties  in  such  sum, 
with  such  conditions  and  with  such  surety  or  sureties  as  the 
board  may  require  and  approve.  The  expense  of  procuring 
a  surety  company  as  surety  thereon  shall  be  paid  by  the 
town.  The  superintendent  shall,  subject  to  the  approval 
of  the  board,  appoint  such  assistants,  agents,  and  employees 
as  the  performance  of  the  duties  of  the  various  departments 
under  his  supervision  shall  require.  He  shall  collect  all 
moneys  payable  to  the  board,  and  in  the  collection  of  money 
and  other  properties,  and  in  the  handling  or  disposition  of 
funds,  he  shall  specifically  designate  certain  persons  to  as- 
sist him,  if  necessary,  and  the  persons  so  designated  shall 
give  a  bond,  if  the  board  so  requires,  at  the  expense  of  the 
town.  The  superintendent  shall  keep  full  and  complete 
records  of  the  doings  of  his  office,  and  render  to  the  board 


16  Acts,  1945.  —  Chaps.  23,  24. 

as  often  as  it  may  require,  a  full  report  of  all  operations  dur- 
ing the  period  reported  upon;  and  annually  or  from  time  to 
time  as  required  by  the  board,  he  shall  make  a  synopsis  of 
all  reports  for  publication.  The  superintendent  shall  keep 
the  board  fully  advised  as  to  the  needs  of  the  town  within 
the  scope  of  his  duties,  and  shall  furnish  to  the  board  on  or 
before  the  fifteenth  day  of  January  in  each  year,  a  carefully 
prepared  and  detailed  estimate  in  writing  of  the  appropria- 
tions required  during  the  ensuing  fiscal  year  for  the  proper 
conduct  of  all  departments  of  the  town  under  his  super- 
vision. 

Section  3.  This  act  shall  be  submitted  to  the  voters  of 
the  town  of  Reading  at  its  annual  town  meeting  in  the  year 
nineteen  hundred  and  forty-five  in  the  form  of  the  following 
question,  which  shall  be  placed  upon  the  official  ballot  to  be 
used  for  the  election  of  town  officers  at  said  meeting :  — 
"Shall  an  act  passed  by  the  general  court  in  the  year  nine- 
teen hundred  and  forty-five,  entitled  'An  Act  permitting 
members  of  the  board  of  public  works  and  the  superintend- 
ent of  pubhc  works  in  the  town  of  Reading  to  hold  office 
as  town  meeting  members',  be  accepted?"  If  a  majority 
of  the  votes  cast  in  answer  to  said  question  is  in  the  affirma- 
tive, then  this  act  shall  thereupon  take  full  effect,  but  not 
otherwise.  Approved  February  6,  1945. 


Chap.   23  An  Act  relative  to  the  division  of  the  city  of  spring- 
field   INTO   VOTING   precincts   IN   THE   CURRENT   YEAR. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  So  much  of  section  two  of  chapter  fifty-four 
of  the  General  Laws,  as  amended,  as  provides  that  "Except 
as  provided  in  section  three,  when  new  precincts  are  estab- 
lished, the  new  division  shall  take  effect  on  the  thirty-first 
day  of  December  next  following",  shall  not  apply  to  any 
action  taken  by  the  board  of  aldermen  of  the  city  of  Spring- 
field prior  to  May  first,  nineteen  hundred  and  forty-five  un- 
der said  section  two,  but  any  such  action  of  the  board  of 
aldermen  shall  take  effect  immediately. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  February  12,  lOJf^S. 


Chap.  24  An  Act  to  provide  that  the  orders  of  commitment  of 
persons  to  the  state  schools  for  the  feeble  minded 
shall  be  directed  to  the  superintendents  thereof. 

Re  it  enacted,  etc.,  as  follows: 

Ed V*  123"^'  Section   sixty-six   of  chapter  one  hundred   and   twenty- 

jeb.'etc.,'         three  of  the  General  Laws,  as  most  recently  amended  by 
amen  ed.  sectioii  six  of  chapter  five  hundred  of  the  acts  of  nineteen 

hundred  and  thirtjMiine,  is  hereby  further  amended  by  strik- 
ing out,  in  the  fifth  line,  as  appearing  in  the  Tercentenary 


Acts,  1945.  —  Chap.  25.  17 

Edition,  the  word  "trustees"  and  inserting  in  place  thereof 
the  word:  —  superintendent,  —  so  that  the  first  sentence 
will  read  as  follows :  —  Any  judge  of  probate,  within  his  Commitment 
county,  upon  written  application,  if  he  finds  that  a  person  minded^ 
residing  or  being  within  said  county  is  a  proper  subject  for  ^^[^^^^  *° 
the  Walter  E.  Fcrnald  state  school,  the  Belchertown  state 
school  or  the  Wrentham  state  school,  may  commit  him 
thereto  by  an  order  of  commitment,  directed  to  the  super- 
intendent thereof,  made  in  accordance,  with  section  fifty- 
one,  and  accompanied  by  a  certificate  in  accordance  with 
section  fifty-three  by  a  physician,  qualified  as  therein  pro- 
vided, that  such  person  is  a  proper  subject  for  said  school, 
and  all  provisions  of  said  section  shall  apply  to  such  certifi- 
cate, except  that  the  physician's  examination  of  the  alleged 
feeble  minded  person  shall  have  occurred  within  ten  days 
of  the  signing  and  making  oath  to  the  certificate,  which 
shall  bear  date  not  more  than  twenty  days  prior  to  the  com- 
mitment of  such  person.  Approved  February  12,  1945. 


An  Act  providing  that  paroles  from  any  state  school  (JJ^qj)    25 
for  the  feeble  minded  may  be  authorized  by  the 
superintendent  instead  of  by  the  trustees  thereof. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  twenty-three  of  the  General  E^V'iJr' 
Laws  is  hereby  amended  by  striking  out  section  eighty-  §  ssa, 
eight  A,  as  appearing  in  the  Tercentenary  Edition,  and  in-  '*'"''"  ^ 
serting   in    place   thereof   the   following   section:  —  (Sedron  Parole  of 
88 A.     The  superintendent  of  a  state  school  for  the  feeble  petsons'from 
minded  may  permit  any  inmate  of  the  school  to  leave  the  schools. 
institution  on  parole  for  such  length  of  time  and  on  such 
conditions  as  he  may  determine  and  may  from  time  to  time 
extend  the  period  of  such  parole  or  change  the  conditions 
upon  which  it  is  granted.    He  shall  cause  an  investigation 
to  be  made  prior  to  the  granting  of  such  parole  as  to  the 
home  into  which  such  inmate  is  to  go  if  paroled  and  other 
conditions  and  circumstances  which  may  affect  the  inmate's 
welfare  and  behavior  and  shall  provide  such  supervision  of 
any  paroled  inmate  as  he  deems  necessary  for  the  inmate's 
welfare.    He  shall  have  such  powers  as  to  the  revocation  of 
the  permit  and  as  to  the  return  of  the  inmate  to  whom  it  has 
been  granted  as  are  provided  by  law  for  the  return  of  in- 
sane and  feeble  minded  persons    to  the  institutions  from 
which  they  have  been  temporarily  released.     No  length  of 
absence  on  parole  under  this  section  from  a  state  school  for 
the  feeble  minded  shall  be  construed  as  a  discharge  there- 
from. Approved  February  12,  1945. 


18  Acts,  1945.  —  Chaps.  26,  27,  28. 


(^hap.   26  An   Act  providing   for  the  appointment  of  the  city 

SOLICITOR  OF  THE  CITY  OF  HAVERHILL  BY  THE  MAYOR  OF 
SAID  CITY  WITHOUT  THE  APPROVAL  OF  THE  MUNICIPAL 
COUNCIL   THEREOF. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  mayor  of  the  city  of  Haverhill  shall, 
annually  in  the  month  of  January,  without  the  approval  of 
the  municipal  council,  appoint  a  city  solicitor,  who  shall 
hold  his  office  for  the  term  of  one  year  and  until  the  qualifi- 
cation of  his  successor;  provided,  that  he  may  be  removed 
at  any  time  by  the  mayor. 

Section  2.  So  much  of  chapter  sixty-one  of  the  acts  of 
eighteen  hundred  and  sixty-nine,  especially  section  fourteen 
thereof,  and  acts  in  amendment  thereof  and  in  addition 
thereto,  as  is  inconsistent  with  this  act  is  hereby  repealed. 

Section  3.  This  act  shall  be  submitted  for  acceptance 
to  the  qualified  voters  of  the  city  of  Haverhill  at  the  annual 
municipal  election  in  the  current  year  in  the  form  of  the  fol- 
lowing question,  which  shall  be  placed  upon  the  official  bal- 
lot to  be  used  in  said  city  at  said  election:  —  "Shall  an  act 
of  the  General  Court  passed  in  the  current  year,  entitled 
'An  Act  providing  for  the  appointment  of  the  city  solicitor 
of  the  city  of  Haverhill  by  the  mayor  of  said  city  without 
the  approval  of  the  municipal  council  thereof,  be  accepted?" 
If  a  majority  of  the  voters  voting  thereon  vote  in  the  affirma- 
tive in  answer  to  said  question,  then  this  act  shall  thereupon 
take  full  effect,  but  not  otherwise. 

Approved  February  12,  1945. 


(luip.  27  An  Act  providing  that  title  to  lands  of  the  common- 
wealth TINDER  the  control  OF  THE  DEPARTMENT  OF 
conservation  shall  not  be  acquired  by  PRESCRIPTION 
OR   adverse    POSSESSION. 

Be  it  enacted,  etc.,  as  follows: 

Ed.)',  132,'^'  Chapter  one  hundred  and  thirty-two  of  the  General  Laws 

"Id  ^1  ^^'^'  ^'^  hereby  amended  by  inserting  after  section  thirty-six,  as 

Rights  by  amended,  the  following  section:  —  Section  36 A.    No  person 

,''fT"'''*'""i  shall  acquire  any  rights  by  prescription  or  adverse  posses- 

•ic-quired  in  "^  sioH  ill  any  lands  or  rights  in  lands  of  the  commonwealth 

public  lands,  under  the  control  of  the  department  of  conservation. 

Approved  February  IS,  194o. 

(lid J).   28  An  Act  relative  to  the  time  of  holding  annual  meet- 
ings OF  incorporated  religious  societies. 

Be  it  enacted,  etc. ,  as  follows: 

Ed  \'  67^*5  7  Chapter  sixty-seven  of  the  General  Laws  is  hereby  amended 

ampi'idpfi.     ■     by  striking  out  section  seven,  as  appearing  in  the  Tercente- 
nary Edition,  and  inserting  in  place  thereof  the  following 


Acts,  1945.  —  Chaps.  29,  30.  19 

section :  —  Section  7.     Every  incorporated  religious  society  Annual 
shall  hold  an  annual  meeting  at  such  time  as  it  shall  pre-  iScor'poTatU 
scribe  by  its  by-laws,  and,  if  the  by-laws  do  not  otherwise  gocfj^ief 
provide,  at  a  place  appointed  by  its  assessors  or  standing 
committee ;  and  at  such  meeting  it  shall  choose  a  moderator, 
clerk,  a  standing  committee  or  two  or  more  assessors,  a 
treasurer,  a  collector,  and  such  other  officers  as  it  may  think 
necessary,  all  of  whom,  except  the  moderator,  shall,  except 
as  otherwise  provided  in  this  chapter,  hold  office  until  the 
next  annual  meeting  and  until  their  successors  are  qualified. 
Vacancies  in  said  offices  may  be  filled  at  any  legal  meeting. 

Approved  February  14,  1945. 

An  Act  relative  to  the  audit  of  accounts  of  cities  (J^^fuj    29 

AND    towns. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  forty  of  chapter  forty-four  of  the  o.  l.  (Ter. 
General  Laws,  as  amended  by  chapter  three  hundred  and  ftt!'amendtd. 
thirty-nine  of  the  acts  of  nineteen  hundred  and  thirty-nine, 
is  hereby  further  amended  by  striking  out,  in  the  fourth 
and  fifth  lines,  the  words  "as  often  as  once  in  two  years, 
or  annually  at  the  request  of  the  maj^or  or  the  selectmen" 
and  inserting  in  place  thereof  the  word:  —  annually,  —  so 
that  the  first  sentence  will  read  as  follows:  —  The  director  Annual  audits 
shall  cause  an  audit  to  be  made  of  the  accounts  of  all  cities  acJJJunts!'''' 
and  towns  of  the  commonwealth,  and  may  cause  subsequent 
audits  to  be  made  of  the  accounts  of  each  city  and  town 
annuall}^,  and  for  this  purpose  he,  and  his  duly  accredited 
agents,  shall  have  access  to  all  necessary  papers,  books  and 
records. 

Section  2.     This  act  shall  become  effective  upon  the  ex-  EfTective 
piration  of  six  months  after  the  termination  of  the  existing 
states  of  war  between  the  United  States  and  certain  foreign 
countries,  but  not  before.         Approved  February  14,  1945. 

An  Act  relative  to  the  time  for  filing  reports  by  Chap.   30 

MEMBERS    OF    THE    ATLANTIC     STATES    MARINE     FISHERIES 
COMMISSION   ON   THE   PART   OF   THE   COMMONWEALTH. 

Be  it  enacted,  etc.,  as  follows: 

Section  five  of  chapter  four  hundred  and  eighty-nine  of 
the  acts  of  nineteen  hundred  and  forty-one  is  hereby  amended 
by  striking  out,  in  the  sixth  and  seventh  lines,  the  words 
"during  the  tv/elve  months  preceding  the  first  day  of  De- 
cember in  said  year"  and  inserting  in  place  thereof  the 
words:  —  for  the  fiscal  year  ending  on  the  previous  June 
thirtieth,  —  so  as  to  read  as  follows:  —  Section  5.  The 
members  of  the  commission  on  the  part  of  the  common- 
wealth shall  keep  accurate  accounts  of  all  its  receipts  and 
disbursements  and  shall  report  to  the  governor  and  the 
general  court  on  or  before  the  tenth  day  of  December  annu- 


20  Acts,  1945.  —  Chaps.  31,  32. 

ally,  setting  forth  in  detail  the  transactions  of  the  commis- 
sion for  the  fiscal  year  ending  on  the  previous  June  thirti- 
eth, and  shall  include  in  said  report  recommendations  for 
any  legislative  action  that  the  commission  deems  advisable, 
including  such  amendments  or  additions  to  the  laws  of  the 
commonwealth  as  may  be  necessary  or  desirable  to  carry 
out  the  intent  and  purposes  of  the  Atlantic  States  Marine 
Fisheries  Compact  among  the  states  joining  therein. 

Approved  February  14,  1945. 


Chap.  31  An  Act  relative  to  the  laying  out  and  construction 
OF  colburn  street  in  the  town  of  westwood  and 
the  assessment  of  betterments  in  connection  there- 
with. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  the  taking  by  eminent 
domain  of  the  land  necessary  for  the  purposes  of  the  town 
way  in  the  town  of  Westwood,  known  as  Colburn  street, 
which  was  laid  out  between  Pond  street  and  Ellis  street  by 
the  selectmen  of  said  town,  which  laying  out  was  accepted 
by  said  town  at  its  annual  town  meeting  on  March  thir- 
teenth, nineteen  hundred  and  forty-four,  by  a  vote  stating 
that  betterments  were  to  be  assessed,  and  for  the  purposes 
of  the  description,  plan  and  estimate  of  betterments  therefor 
under  section  two  of  chapter  eighty  of  the  General  Laws, 
the  effective  date  of  this  act  shall  be  deemed  the  date  of 
the  termination  of  said  town  meeting,  and  upon  the  taking 
of  said  land  in  accordance  with  law  all  acts  of  said  town  and 
its  officers  in  laying  out,  using,  constructing  and  paving  said 
way  are  hereby  ratified  and  confirmed  and  made  valid  for 
all  purposes.  The  betterments  so  estimated  may  be  as- 
sessed at  any  time  within  six  months  after  the  effective  date 
of  this  act.  The  right  to  damages  for  any  such  taking  shall 
vest  upon  the  recording  or  filing  for  registration  of  the  order 
of  taking. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  February  15,  1945. 

Chap.   32  An  Act  authorizing  the  placing  of  the  office  of  chief 

OF  THE  FIRE  DEPARTMENT  OF  THE  TOWN  OF  EASTHAMPTON 
UNDER   THE    CIVIL   SERVICE    LAWS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  office  of  chief  of  the  fire  department  of 
the  town  of  Easthampton  shall,  upon  the  effective  date  of 
this  act,  become  subject  to  the  civil  service  laws  and  rules 
and  regulations  relating  to  permanent  members  of  fire  de- 
partments in  towns,  and  the  tenure  of  office  of  any  incum- 
bent thereof  shall  be  unlimited,  subject,  however,  to  said 
laws,  but  the  person  holding  said  office  on  said  effective 
date  shall  continue  to  serve  therein  only  until  the  expiration 


Acts,  1945.  —  Chaps.  33,  34,  35.  21 

of  his  term  of  office  unless  prior  thereto  he  passes  a  non- 
competitive quahfying  examination  to  which  he  shall  be 
subjected  by  the  division  of  civil  service. 

Section  2.  This  act  shall  be  submitted  for  acceptance 
to  the  voters  of  said  town  at  the  annual  town  meeting  in 
the  current  year  in  the  form  of  the  following  question,  which 
shall  be  placed  upon  the  official  ballot  to  be  used  for  the 
election  of  town  officers  at  said  meeting:  —  "Shall  an  act 
passed  by  the  General  Court  in  the  year  nineteen  hundred 
and  forty-five,  entitled  'An  Act  authorizing  the  Placing  of 
the  Office  of  Chief  of  the  Fire  Department  of  the  Town  of 
Easthampton  under  the  Civil  Service  Laws',  be  accepted?" 
If  a  majority  of  the  votes  in  answer  to  said  question  is  in 
the  affirmative,  then  this  act  shall  thereupon  take  full  effect, 
but -not  otherwise.  Approved  February  15,  1945. 

An  Act  relative  to  the  appointment  of  the  agent  of  Chap.   33 

THE    BOARD    OF   HEALTH    IN    THE   CITY    OF   CHICOPEE. 

Be  it  enacted,  etc.,  as  Jolloios: 

Section  forty-two  of  chapter  two  hundred  and  thirty-nine 
of  the  acts  of  eighteen  hundred  and  ninety-seven  is  hereby 
amended  by  striking  out,  in  the  first  line,  the  word  "annu- 
ally", —  so  as  to  read  as  follows:  —  Section  If.2.  The  board 
of  health  shall  appoint  an  agent,  who  shall  not  be  one  of 
their  own  number,  whose  compensation  shall  be  determined 
by  the  board  of  aldermen.  The  members  of  said  board 
shall  serve  without  compensation. 

Approved  February  15,  1945. 

An  Act  authorizing  the  town  of  danvers  to  accept  Qfiar),   34 

CERTAIN  provisions  OF  LAW  RELATIVE  TO  THE  PROMO- 
TION OF  CALL  FIREMEN  TO  THE  PERMANENT  FORCE  OF  ITS 
FIRE   DEPARTMENT. 

Be  it  enacted,  etc.,  as  follows: 

The  question  of  the  acceptance  of  section  thirty-six  of 
chapter  forty-eight  of  the  General  Laws,  relating  to  the 
promotion  of  certain  call  or  part  call  men  in  a  municipal 
fire  department  to  membership  in  the  permanent  force  of 
such  department,  may  be  submitted  to  vote  of  the  town  of 
Danvers,  and  if  said  section  is  accepted  by  vote  of  the  town 
it  shall  thereupon  be  in  full  force  and  effect  in  such  town. 

Approved  February  15,  1945. 

An  Act  authorizing  the  town  of  acushnet  to  take  (Jjiav.   35 

OVER  THE  PROPERTIES  AND  ASSUME  THE  OBLIGATIONS  OF 
THE   ACUSHNET    FIRE   AND    WATER    DISTRICT. 

Be  it  enacted,  etc.,  asfolloivs: 

Section  L  The  town  of  Acushnet  is  hereby  authorized 
to  take  over  all  the  properties,  rights,  powers  and  privileges 


22  Acts,  1945.  —  Chap.  36. 

of  the  Acushnet  Fire  and  Water  District,  as  established  by 
chapter  one  hundred  and  fifty  of  the  acts  of  nineteen  hun- 
dred and  twenty-two,  as  amended,  and  to  assume  all  the 
duties  and  obligations  of  said  district,  and  shall  thereby 
become  in  all  respects  the  lawful  successor  to  the  said  district. 

Section  2.  The  provisions  of  this  act  shall  not  affect 
any  act  done,  ratified  or  confirmed  by  the  said  district  or  any 
of  its  officers  prior  to  the  effective  date  of  this  act,  nor  any 
right  accrued  or  established,  nor  any  action,  suit  or  pro- 
ceeding commenced  or  had  in  a  civil  case,  nor  shall  it  im- 
pair the  validity  of  any  of  the  notes,  bonds  or  other  obliga- 
tions of  the  said  district  outstanding  on  said  date.  Any 
indebtedness  incurred  by  the  said  district  and  outstanding 
at  the  time  it  is  taken  over  by  the  town  shall  be  assumed  by 
the  town. 

Section  3.  The  selectmen  shall  act  as  water  commis- 
sioners until  the  first  annual  town  meeting  held  after  the 
date  when  the  said  district  is  taken  over  by  the  town  and 
at  said  meeting  the  town  shall  elect  a  board  of  three  water 
commissioners.  Such  commissioners  shall  be  elected  on  the 
official  ballot  and,  in  the  first  instance,  shall  be  elected  to 
hold  office,  one  for  a  term  of  three  years,  one  for  a  term  of 
two  years,  and  one  for  a  term  of  one  year,  from  the  meeting 
at  which  they  are  elected,  and  thereafter  one  commissioner 
shall  be  elected  annually  for  the  term  of  three  years.  The 
commissioners  shall  serve  until  their  successors  are  elected 
and  qualified. 

Section  4.  This  act  shall  take  full  effect  on  the  thirtieth 
day  following  its  acceptance,  within  two  years  after  its  pas- 
sage, by  a  majority  of  the  voters  of  Ihe  Acushnet  Fire  and 
Water  District  present  and  voting  thereon  at  a  meeting 
called  for  the  purpose,  and  by  a  majority  vote  of  the  voters 
of  the  town  of  Acushnet  present  and  voting  at  any  town 
meeting.  Approved  February  15,  1945. 


Chap.  36  An  Act  to  authorize  the  placing  of  the  office  of 
chief  engineer  of  the  fire  department  of  the  town 
OF  hingham  under  the  civil  service  laws. 

Be  it  enacted,  etc.,  as  follows: 

The  office  of  chief  engineer  of  the  fire  department  of  the 
town  of  Hingham  shall,  upon  the  effective  date  of  this 
act,  become  subject  to  the  civil  service  laws  and  rules  and 
regulations  relating  to  permanent  members  of  fire  depart- 
ments in  towns,  and  the  tenure  of  office  of  any  incumbent 
thereof  shall  be  unlimited,  subject,  however,  to  said  laws, 
but  the  person  holding  said  office  on  said  effective  date 
shall  continue  to  serve  therein  only  until  the  expiration  of 
his  term  of  office  unless  prior  thereto  he  passes  a  non-com- 
petitive qualifying  examination  to  which  he  shall  be  sub- 
jected by  the  division  of  civil  service. 

Approved  February  15,  1945. 


Acts,  1945. —  Chaps.  37,  38.  23 


An  Act  authorizing  savings  banks,  co-operative  banks,  (Jfidj)    37 

TRUST   companies   AND    CREDIT    UNIONS   TO   TAKE    CERTAIN 
FIRST   MORTGAGES    ON   REAL    ESTATE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Chapter  one  hundred  and  sixty-seven  of  the  o.  l.  (Ter. 
General  Laws  is  hereby  amended  by  adding  after  section  ^^;l\^^; 
forty-nine,  added  by  chapter  four  hundred  and  forty-four  added, 
of  the  acts  of  nineteen  hundred  and  forty-one,  the  following 
section:  —  Section  50.     Notwithstanding  any  other  provi- Banks,  etc., 
sion  of  law,   any  savings  bank,   co-operative  bank,   trust  to*ake^ce1-- 
company  or  credit  union  holding  a  first  mortgage  on  real  tain  first 
estate   may   take   in   substitution   therefor  from   a   person  real  e^stlte.° 
deemed  by  such  bank,  company  or  credit  union  to  be  a  bona 
fide  purchaser  of  such  real  estate,  a  first  mortgage  thereon 
in  an  amount  not  in  excess  of  the  amount  due  on  the  existing 
first  mortgage  plus  the  accumulated  interest,  taxes,  munici- 
pal Hens  and  other  proper  charges  due  thereon. 

Section  2.    This  act  shall  become  operative  on  January  Effective 
first,  nineteen  hundred  and  forty-six.  ^^**' 

Approved  February  15,  1945. 


An  Act  making  certain  miscellaneous  changes  in  the  (JJkijj    33 

LAWS   which   have   BECOME   NECESSARY  OR  ADVISABLE    BY  ^' 

REASON  OF  THE  AMENDMENT  TO  THE  CONSTITUTION  PRO- 
VIDING FOR  ANNUAL  SESSIONS  OF  THE  GENERAL  COURT 
AND    FOR   AN   ANNUAL   BUDGET. 

Whereas,  The  wording  of  certain  provisions  of  law  amended  ^^ambiT^ 
by  this  act  is  not  in  conformity  with  the  amendment  to  the 
constitution  providing  for  annual  sessions  of  the  general 
court  and  for  an  annual  budget,  and  the  immediate  enact- 
ment of  the  amendments  made  hereby  is  required  in  order 
to  remove  any  possible  doubts  as  to  the  constitutionality  of 
such  provisions,  therefore  it  is  hereby  declared  to  be  an 
emergency  law,  necessary  for  the  immediate  preservation  of 
the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Chapter  three  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended   by  striking  out  section  nine,   as  most  recently  etc!. 'amended, 
amended  by  section  one  of  chapter  six  hundred  of  the  acts 
of  nineteen  hundred  and  forty-one,  and  inserting  in  place 
thereof  the  following :  —  Section  9.    Each  member  of  the  Compensation 
general  court  shall  receive,  for  each  regular  annual  session,  the"gener^af  ° 
twenty-five  hundred  dollars,  and  also  four  dollars  and  twenty  court, 
cents  for  every  mile  of  ordinary  traveling  distance  from  his 
place  of  abode  to  the  place  of  sitting  of  the  general  court. 
The  president  of  the  senate  and  the  speaker  of  the  house  of 
representatives  shall  each  receive  twenty-five  hundred  dollars 
additional  compensation.   Each  member  of  the  general  court 
shall  be  entitled  to  be  paid  his  compensation  for  such  regular 


24 


Acts,  1945. —  Chap.  38. 


G.  L.  (Ter. 
Ed.),  3,  §  10. 
amended. 


Compensation 
of  memberB 
chosen  to  fill 
vacancies  or 
who  resign. 


G.  L.  (Ter. 
Ed.),  3.  §  20, 
etc.,  amended. 


Compensation 
for  travel  for 
cartain  officers 
of  the  general 
court. 


G.  L.  (Ter. 
Ed.).  5.  §  10. 
etc.,  amended. 


session  at  the  rate  of  two  hundred  dollars  for  each  full  month 
of  the  session.  Such  payments  shall  be  made  to  him,  upon 
his  request,  on  the  last  legislative  day  in  which  the  general 
court  is  in  session  preceding  the  fifteenth  day  of  each  month 
and  on  the  day  preceding  the  last  legislative  day  of  each 
month,  and  shall  be  for  an  amount  not  exceeding  the  pro- 
portion then  due  at  the  aforesaid  rate;  provided,  that  the 
state  treasurer,  in  his  discretion,  may,  during  such  regular 
session,  make  additional  payments  on  account,  in  excess  of 
such  monthly  rate,  to  any  member  making  written  request 
therefor,  but  the  amount  of  such  additional  payments  shall 
not  exceed,  in  the  aggregate,  three  hundred  dollars  in  any 
one  such  session,  or  eight  hundred  dollars  if  such  session 
continues  beyond  July  first,  and  in  no  event  shall  the  amount 
of  all  pajanents  under  this  section  during  such  session  to  any 
member  exceed,  in  the  aggregate,  the  compensation  of  such 
member  for  such  session. 

Section  2.  Section  ten  of  said  chapter  three,  as  appearing 
in  the  Tercentenary  Edition,  is  hereby  amended  by  strildng 
out,  in  the  fourth  line,  the  words  "two  thousand"  and  in- 
serting in  place  thereof  the  words:  —  twenty-five  hundred, 
—  80  as  to  read  as  follows:  —  Section  10.  Each  member  of 
the  general  court  chosen  to  fill  a  vacancy,  or  who  resigns  his 
seat  during  a  regular  annual  session,  shall  be  entitled  to  a 
per  diem  compensation  for  the  time  of  his  membership  at 
the  rate  of  twenty-five  hundred  dollars  for  each  regular 
annual  session,  and  his  mileage  as  provided  in  the  preceding 
section. 

Section  3.  Section  twenty  of  said  chapter  three,  as 
most  recently  amended  by  section  two  of  chapter  four  hun- 
dred and  thirty-three  of  the  acts  of  nineteen  hundred  and 
forty-one,  is  hereby  further  amended  by  strildng  out,  in  the 
fifth  and  sixth  lines,  the  words  ''in  each  odd-numbered 
year"  and  inserting  in  place  thereof  the  words:  —  for  each 
annual  session,  —  by  striking  out,  in  the  sixth,  seventh  and 
eighth  lines,  the  following  " ,  and  in  each  even-numbered  year 
such  sum  as  may  have  been  appropriated  for  such  year,",  — 
and  by  striking  out  all  after  the  word  "representatives"  in 
the  fourteenth  line,  —  so  as  to  read  as  follows:  —  Section  20. 
The  sergeant-at-arms,  doorkeepers,  assistant  doorkeepers, 
general  court  officers  and  pages,  the  clerks  in  the  sergeant- 
at-arms'  office,  and  the  clerk,  assistant  clerk  and  other 
assistants  in  the  legislative  document  room  shall  each  receive 
for  each  annual  session  four  dollars  and  twenty  cents  for 
every  mile  of  ordinary  traveling  distance  from  their  places 
of  abode  to  the  state  house.  Payments  to  persons  authorized 
to  receive  compensation  under  this  section  shall  be  made  from 
the  treasury  of  the  commonwealth,  in  the  month  of  January 
of  each  3'ear,  upon  the  certificate  of  the  sergeant-at-arms 
approved  by  the  president  of  the  senate  and  the  speaker  of 
the  house  of  representatives. 

Section  4.  Section  ten  of  chapter  five  of  the  General 
Laws,  as  amended  b^  section  ten  of  chapter  five  hundred  and 


Acts,  1945.  —  Chap.  38.  25 

eight  of  the  acts  of  nineteen  hundred  and  thirty-nine,  is 

hereb}'  further  amended  bj^  striking  out,  in  the  tliird  Hne, 

the  word  "biennially"  and  inserting  in  place  thereof  the 

word :  —  annuall}',  —  and  also  by  striking  out,  in  the  sixth 

and  seventh  lines,  the  words  "in  every  odd-numbered  year" 

and  inserting  in  place  thereof  the  word :  —  annually,  —  so 

that  the  first  paragraph  will  read  as  follows :  —  One  thou-  Printing  of 

sand  copies  of  the  journals  of  the  senate  and  of  the  house  of  iacL^bHtnch 

representatives  shall  be  printed  annually  under  the  direction  of  the  general 

of  the  respective  clerks  thereof;    and,  unless  the  general  °°^^ ' 

court  shall  otherwise  order,  two  thousand  copies  of  the  lists 

of  members  and  committees  shall  be  printed  annuall}^  under 

the  joint  direction  of  said  clerics. 

Section  5.     Section  five  A  of  chapter  thirty-two  of  the  g.  l.  (T«r. 
General  Laws,  inserted  by  section  one  of  chapter  four  hun-  fsi' ete 
dred  and  thirty-nine  of  the  acts  of  nineteen  hundred  and  amended.' 
thirt^^-eight,    and    as    most   recently    amended    by   section 
twelve  of  chapter  five  hundred  and  eight  of  the  acts  of  nine- 
teen hundred  and  thirty-nine,  is  hereby  further  amended  by 
striking  out  paragraph  (8)  and  inserting  in  place  thereof 
the  following :  — 

(8)  On  or  before  October  fifteenth  in  each  year  the  board  Retirement 
shall  certify  to  the  state  treasurer  the  appropriations  esti-  prfati"ns*For°' 
mated  to  be  necessary  to  pay  into  the  various  funds  of  the 
system  the  amounts  payable  by  the  commonwealth  as 
enumerated  in  sections  one  to  five  A,  inclusive,  for  the  fiscal 
year  beginning  on  the  following  July  first,  and  items  of 
appropriation  providing  such  amounts  shall  be  included  in 
the  appropriations  for  the  state  treasurer  for  the  division 
of  the  state  board  of  retirement. 

Section  6.    Paragraph  (2)  of  section  nine  of  said  chapter  g.  l.  (Ter. 
thirty-two,  as  most  recently  amended  by  chapter  four  hun-  ftt! 'amended, 
dred  and  ninetj-eight  of  the  acts  of  nineteen  hundred  and 
forty-three,  is  hereby  further  amended  by  striking  out,  in 
the  twenty-ninth  line,  the  words  "in  each  odd-numbered 
year"  and  inserting  in  place  thereof  the  word:  —  annually, 
—  so  that  the  last  sentence  will  read  as  follows :  —  The  Contributions 
commonwealth  sha,ll  annually  contribute  such  amount  as  is  fSndT'"**' 
necessary  to  make  good  any  deficiency  in  the  annuity  fimd 
for  active  or  retired  members  as  of  the  preceding  thirty-first 
day  of  December. 

Section  7.    Section  one  hundred  and  forty-one  of  chap-  g.  l.  (Xer. 
ter  fifty-four  of  the  General  Laws,  as  amended  by  section  fH^^et'c, 
sixteen  of  chapter  five  hundred  and  eight  of  the  acts  of  nine-  amended. ' 
teen  hundred  and  thirty-nine,  is  hereby  further  amended  by 
striking  out,  in  the  twelfth  and  thirteenth  lines,  the  words 
"after  the  regular  session  of  the  general  court"  and  insert- 
ing in  place  thereof  the  words :  —  during  a  recess  between 
the  first  and  second  annual  sessions  of  the  same  general 
court,  —  so  that  the  second  paragraph  will  read  as  follows :  — 

Upon  a  vacancy  in  the  office  of  representative  in  the  gen-  Elections  to 
eral  court  or  upon  failure  to  elect,  the  speaker  of  the  house  i^h'o^iwe^of^ep- 
of  representatives  shall  issue  precepts  to  the  aldermen  of  resentatives. 


26 


Acts,  1945.  —  Chaps.  39,  40. 


G.  L.  (Ter. 
Ed.),  127, 
§  152,  etc., 
amended. 


How 

construed. 


each  city  and  the  selectmen  of  each  town  comprising  the 
district  or  any  part  thereof,  appointing  such  time  as  the 
house  of  representatives  may  order  for  an  election  to  fill 
such  vacancy;  provided,  that  if  such  vacancy  occurs  during 
a  recess  between  the  first  and  second  annual  sessions  of  the 
same  general  court,  the  speaker  may  fix  the  time  for  an  elec- 
tion to  fill  such  vacancy.  Upon  receipt  of  such  precepts, 
the  aldermen  or  the  selectmen  shall  call  an  election,  which 
shall  be  held  in  accordance  with  the  precepts. 

Section  8.  Section  one  hundred  and  fifty-two  of  chap- 
ter one  hundred  and  twenty-seven  of  the  General  Laws,  as 
most  recently  amended  by  chapter  two  hundred  and  ninety- 
seven  of  the  acts  of  nineteen  hundred  and  forty-one,  is 
hereby  further  amended  by  striking  out  the  sentence  added 
by  said  chapter  two  hundred  and  ninety-seven. 

Section  9.  Wherever  ciny  provision  of  general  or  special 
law  in  effect  immediately  prior  to  the  effective  date  of  this 
act  refers  to  biennial  sessions  of  the  general  court  or  biennial 
budgets  for  the  commonwealth  or  action  to  be  taken  bienni- 
ally in  connection  therewith,  such  provision  shall  be  con- 
strued as  referring  to  annual  sessions  of  the  general  court  or 
annual  budgets  for  the  commonwealth  or  action  to  be  taken 
annually  in  conneclion  therewith,  as  the  case  may  be. 

Approved  February  16,  1945. 


Chap.   39  An  Act  relative  to  the  investment  of  the  perpetual 

CARE    FUND    OF    WESTVIEW    CEMETERY    IN    THE    TOWN    OF 
LEXINGTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  five  of  chapter  one  hundred  and 
seven  of  the  acts  of  nineteen  hundred  and  ten  is  hereby 
amended  by  adding  at  the  end  the  following :  —  Said  board 
from  time  to  time  shall  receive  from  the  cemetery  commis- 
sioners of  the  town  of  Lexington  the  perpetual  care  fund  of 
Westview  cemetery  and  additions  thereto,  and  shall  invest 
and  reinvest  the  sums  as  authorized  for  trust  funds  under 
section  fifty-four  of  chapter  forty-four  of  the  General  Laws 
and  shall  pay  over  the  net  income  thereof  to  the  town  treas- 
urer, who  shall  hold  it  subject  to  appropriation  by  the  town 
for  the  care,  improvement  and  embellishment  of  the  West- 
view  cemetery. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  February  19,  1945. 


Chap. 


40  An  Act  to  authorize  the  placing  of  offices,  positions 

AND  employments  UNDER  THE  BOARD  OF  PUBLIC  WORKS 
OF  THE  TOWN  OF  EASTHAMPTON  UNDER  THE  CIVIL  SERVICE 
LAWS. 

Be  it  enacted,  etc.,  as  follows: 

Section  L     The  offices,  positions  and  employments  un- 
der the  board  of  public  works  of  the  town  of  Easthampton 


Acts,  1945.  —  Chap.  41.  27 

shall,  upon  the  effective  date  of  this  act,  become  subject  to 
the  civil  service  laws,  and  the  rules  and  regulations  made 
thereunder.  The  permanent  incumbent  on  said  effective 
date  of  every  such  office  and  position  classified  in  the  official 
service  shall  be  subjected  to  a  non-competitive  qualifying 
examination  for  such  office  or  position  by  the  division  of 
civil  service  of  the  department  of  civil  service  and  registra- 
tion. If  such  an  incumbent  passes  said  examination,  he 
shall  be  certified  for  said  office  or  position  and  shall  be 
deemed  to  be  permanently  appointed  thereto  without  serv- 
ing any  probationary  period,  and  his  tenure  of  office,  as  well 
as  the  tenure  of  office  of  any  subsequent  incumbent  of  said 
office  or  position,  shall  be  unlimited,  subject,  however,  to 
the  provisions  of  said  civil  service  laws.  If  such  an  incum- 
bent does  not  pass  such  non-competitive  qualifying  exami- 
nation, he  ma}'  continue  to  serve  in  said  office  or  position, 
but  shall  not  be  subject  to  the  provisions  of  said  civil  service 
laws.  The  tenure  of  office  of  persons  in  the  labor  service 
under  said  board  of  said  town  shall  be  unlimited,  subject, 
however,  to  said  laws;  but  the  persons  in  such  labor  service 
on  said  effective  date  msiy  continue  to  serve  as  such. 

Section  2.  This  act  shall  be  submitted  to  the  voters  of 
said  town  at  the  annual  town  meeting  in  the  current  year  in 
the  form  of  the  following  question,  which  shall  be  placed 
upon  the  official  ballot  to  be  used  for  the  election  of  town 
officers  at  said  meeting:  —  "Shall  an  act  passed  by  the  gen- 
eral court  in  the  year  nineteen  hundred  and  forty-five,  en- 
titled 'An  Act  to  authorize  the  placing  of  offices,  positions 
and  employments  under  the  board  of  public  worl^  of  the 
town  of  Easthampton  under  the  civil  service  laws',  be  ac- 
cepted?" If  a  majority  of  the  votes  cast  in  answer  to  said 
question  are  in  the  affirmative,  then  this  act  shall  thereupon 
take  full  effect,  but  not  otherwise. 

Approved  February  19,  1945. 


An  Act  to  authorize  the  placing  of  offices,  positions  (JJyxr)    41 

AND  employments  IN  THE  HIGHWAY  DEPARTMENT  OF  THE 
TOWN  OF  SOUTH  HADLEY  UNDER  THE  CIVIL  SERVICE  LAWS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  offices,  positions  and  employments  in  the 
highway  department  of  the  town  of  South  Hadley  shall, 
upon  the  effective  date  of  this  act,  become  subject  to  the 
civil  service  laws,  and  the  rules  and  regulations  made  there- 
under. The  permanent  incumbent  on  said  effective  date  of 
every  such  office  and  position  classified  in  the  official  service 
shall  be  subjected  to  a  non-competitive  qualifying  examina- 
tion for  such  office  or  position  by  the  division  of  civil  service 
of  the  department  of  civil  service  and  registration.  If  such 
an  incumbent  passes  said  examination,  he  shall  be  certified 
for  said  office  or  position  and  sliall  be  deemed  to  be  perma- 
nently appointed  thereto  without  serving  any  probationary 


28  Acts,  1945.  —  Chaps.  42,  43. 

period,  and  Ms  tenure  of  office,  as  well  as  the  tenure  of  office 
of  any  subsequent  incumbent  of  said  office  or  position,  shall 
be  unlimited,  subject,  however,  to  the  provisions  of  said 
civil  service  laws.  If  such  an  incumbent  does  not  pass  such 
non-competitive  qualifying  examination,  he  may  continue  to 
serve  in  said  office  or  position,  but  shall  not  be  subject  to 
the  provisions  of  said  civil  service  laws.  The  tenure  of 
office  of  persons  in  the  labor  service  of  said  department  of 
said  town  shall  be  unlimited,  subject,  however,  to  said  laws; 
but  the  persons  in  such  labor  service  on  said  effective  date 
may  continue  to  serve  as  such. 

Section  2.  This  act  shall  be  submitted  to  the  voters  of ' 
said  town  at  the  annual  town  meeting  in  the  current  year 
in  the  form  of  the  following  question,  which  shall  be  placed 
upon  the  official  ballot  to  be  used  for  the  election  of  town 
officers  at  said  meeting: —  "Shall  an  act  passed  by  the  gen- 
eral court  in  the  year  nineteen  hundred  and  forty-five,  en- 
titled 'An  Act  to  authorize  the  placing  of  offices,  positions 
and  employments  in  the  highway  department  of  the  town 
of  South  Hadley  under  the  civil  service  laws',  be  accepted?" 
If  a  majority  of  the  votes  cast  in  answer  to  said  question 
are  in  the  affirmative,  then  this  act  shall  thereupon  take  full 
effect,  but  not  otherwise.  Approved  February  19,  1946. 

Chap.   42  An  Act  repealing  provisions  of  law  authorizing  the 

TOWN    OF    MILTON    TO    ADMINISTER    CERTAIN    TRUST    FUNDS 
and    to    ESTABLISH    A    PUBLIC    HOSPITAL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  three  hundred  and  five  of  the  Special 
Acts  of  nineteen  hundred  and  seventeen  is  hereby  repealed. 

Section  2.  This  act  shall  take  effect  upon  its  acceptance 
by  the  town  of  Milton  at  a  town  meeting  called  for  the 
purpose.  Approved  February  19,  194-5. 

Chap.   43  An  Act  providing  for  the  election  of  city  collector 

BY  POPULAR  VOTE  AT  THE  BIENNIAL  MUNICIPAL  ELECTIONS 
IN    THE    CITY    OF    CHICOPEE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Beginning  with  the  year  nineteen  hundred 
and  forty-nine,  the  city  collector  of  the  city  of  Chicopee 
shall  be  elected  by  the  registered  voters  of  said  city.  At  the 
biennial  municipal  election  in  said  year,  and  at  the  biennial 
municipal  election  to  be  held  in  every  fourth  year  thereafter, 
the  city  collector  shall  be  elected  to  hold  office  for  the  term 
of  four  years.  The  city  collector  elected  as  aforesaid  shall 
take  office  on  the  first  Monday  in  January  following  his 
election. 

Section  2.  The  term  of  office  of  the  city  collector  elected 
by  the  board  of  aldermen  of  said  city  in  the  month  of  Janu- 
ary, nineteen  hundred  and  forty-seven,  shall  expire  on  the 


Acts,  1945. —  Chap.  44.  29 

first  Monday  in  Januarj^,  nineteen  hundred  and  fifty,  when 
his  successor  elected  as  aforesaid  shall  take  office. 

Section  3.  In  case  of  a  vacancy  in  the  office  of  city  col- 
lector elected  by  popular  vote  as  aforesaid,  the  mayor  of 
said  city,  without  confirmation  of  the  board  of  aldermen, 
shall  appoint  a  person  to  fill  such  vacancy  until  the  next 
biennial  municipal  election,  at  which  time  a  city  collector 
shall  be  elected  to  serve  for  the  remainder  of  the  unexpired 
term,  if  any. 

Section  4.  So  much  of  the  charter  and  revised  ordi- 
nances of  said  city,  and  of  the  amendments  thereof  and  the 
additions  thereto,  as  is  inconsistent  with  this  act,  is  hereby 
repealed. 

Section  5.  This  act  shall  be  submitted  to  the  registered 
voters  of  the  city  of  Chicopee  at  the  biennial  municipal  elec- 
tion to  be  held  in  the  year  nineteen  hundred  and  forty-five 
in  the  form  of  the  following  question,  which  shall  be  placed 
upon  the  official  ballot  to  be  used  at  said  election:  "Shall  an 
act  passed  by  the  general  court  in  the  year  nineteen  hun- 
dred and  forty-five,  entitled  'An  Act  providing  for  the  elec- 
tion of  City  Collector  by  popular  vote  at  the  Biennial  Mu- 
nicipal Elections  in  the  City  of  Chicopee',  be  accepted?" 
If  the  majority  of  the  votes  in  answer  to  said  question  is  in 
the  affirmative,  then  this  act  shall  thereupon  take  full  effect, 
but  not  otherwise.  Ayproved  February  19,  1945. 


An  Act  providing  for  the  election  of  members  of  the  (JfiQrf    44 

BOARD  OF  ASSESSORS  BY  POPULAR  VOTE  AT  THE  BIENNIAL 
municipal    ELECTIONS   IN    THE    CITY    OF   CHICOPEE. 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.  Beginning  with  the  year  nineteen  hundred 
and  forty-seven,  the  members  of  the  board  of  assessors  of 
the  city  of  Chicopee  shall  be  elected  by  the  registered  voters 
of  said  city.  At  the  biennial  municipal  election  in  said  year 
three  assessors  shall  be  elected  as  hereinafter  provided.  No 
voter  shall  vote  for  more  than  one  of  the  nominated  candi- 
dates, and  the  candidate  receiving  the  highest  number  of 
votes  shall  be  declared  elected  for  a  term  of  four  years,  and 
the  candidates  receiving  the  second  and  third  highest  num- 
ber of  votes  shall  both  be  declared  elected  for  a  term  of  two 
years.  At  the  biennial  municipal  election  to  be  held  in  the 
year  nineteen  hundred  and  forty-nine,  and  at  every  biennial 
municipal  election  held  thereafter,  two  assessors  shall  be 
elected  as  hereinafter  provided.  No  voter  shall  vote  for 
more  than  one  of  the  nominated  candidates,  and  the  can- 
didate receiving  the  highest  number  of  votes  shall  be  de- 
clared elected  for  a  term  of  four  years,  and  the  candidate 
receiving  the  next  highest  number  of  votes  shall  be  declared 
elected  for  a  term  of  two  years.  The  assessors  elected  as 
afaresaid  shall  take  office  on  the  first  Monday  in  January 
following  their  election. 


30  Acts,  1945.  —  Chap.  4.5. 

Section  2.  The  terms  of  office  of  the  assessors  elected 
by  the  board  of  aldermen  of  said  city  in  the  month  of  Janu- 
ary in  the  years  nineteen  hundred  and  forty-five,  nineteen 
hundred  and  forty-six  and  nineteen  hundred  and  forty- 
seven,  shall  expire  on  the  first  Monday  in  January,  nine- 
teen hundred  and  forty-eight,  when  their  successors  elected 
as  aforesaid  shall  take  office. 

Section  3.  During  the  month  of  January  in  each  year, 
the  assessors  shall  meet  and  organize  by  electing  a  chairman 
and  a  secretary  who  shall  perform  the  duties  assigned  to 
said  chairman  and  secretary  under  the  existing  revised  ordi- 
nances of  said  city. 

Section  4.  In  case  of  a  vacancy  in  the  office  of  assessor 
elected  by  popular  vote  as  aforesaid,  the  mayor  of  said 
city,  without  confirmation  by  the  board  of  aldermen,  shall 
appoint  an  assessor  to  fill  such  vacancy  until  the  next  bien- 
nial municipal  election,  at  which  time  an  assessor  shall  be 
elected  to  serve  for  the  remainder  of  the  unexpired  term,  if 
any. 

Section  5.  So  much  of  the  charter  and  revised  ordi- 
nances of  said  city,  and  of  the  amendments  thereof  and  the 
additions  thereto,  as  is  inconsistent  with  this  act,  is  hereby 
repealed. 

Section  6.  This  act  shall  be  submitted  for  acceptance 
to  the  registered  voters  of  the  city  of  Chicopee  at  the  bien- 
nial municipal  election  to  be  held  in  the  year  nineteen  hun- 
dred and  forty-five,  in  the  form  of  the  following  question, 
which  shall  be  printed  on  the  official  ballot  to  be  used  at  said 
election:  "Shall  an  act  passed  by  the  general  court  in  the 
year  nineteen  hundred  and  forty-five,  entitled  'An  Act  pro- 
viding for  the  election  of  members  of  the  Board  of  Assessors 
by  popular  vote  at  the  Biennial  Municipal  Elections  in  the 
City  of  Chicopee',  be  accepted?"  If  the  majority  of  the 
votes  in  answer  to  said  question  is  in  the  affirmative,  then 
this  act  shall  thereupon  take  full  effect,  but  not  otherwise. 

Approved  February  19,  1943. 


Chap.   45  An  Act  authorizing  the  board  of  selectmen  of  the 

TOWN  OF  MILTON  TO  PERMIT  WALTER  BAKER  &  COMPANY, 
INC.,  TO  CONSTRUCT  AND  MAINTAIN  A  BRIDGE  OVER  ADAMS 
STREET   IN    THE   TOWN   OF   MILTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Upon  petition,  and  after  seven  days'  notice 
inserted  in  at  least  one  newspaper  published  in  the  town  of 
Milton  and  a  public  hearing  thereon,  the  board  of  select- 
men, by  a  two  thirds  vote,  may  grant  and  issue  a  permit 
to  Walter  Baker  &  Company,  Inc.,  a  corporation  duly  estab- 
lished and  existing  under  the  laws  of  this  commonwealth,  its 
successors  and  assigns,  to  construct  and  maintain  a  bridge 
over  Adams  street  in  said  town,  at  a  point  where  said  cor- 
poration owns  the  land  in  fee  on  opposite  sides  of  said  street 


Acts,  1945.  —  Chap.  46.  31 

and  also  the  fee  in  that  part  of  said  street  to  be  crossed  by 
said  bridge,  for  the  purpose  of  connecting  buildings  owned 
and  occupied  by  said  corporation  on  opposite  sides  of  said 
street.  Said  permit  shall  be  granted  upon  the  condition  of 
such  ownership  and  such  further  conditions  and  subject  to 
such  restrictions  as  the  board  of  selectmen  may  prescribe. 
Any  permit  granted  hereunder  may  be  revoked  by  vote  of 
said  board  of  selectmen. 

Section  2.  Any  bridge  constructed  under  a  permit 
granted  as  aforesaid  shall  be  constructed  and  maintained 
at  a  height  not  less  than  thirty-five  feet  above  the  grade 
line  of  said  street  and  shall  be  not  more  than  twelve  feet  in 
width.  No  part  of  said  bridge  or  its  supports  shall  rest  on 
the  surface  of  said  street,  nor  shall  any  such  bridge  be  con- 
structed or  maintained  over  any  portion  of  said  street  not 
owned  in  fee  by  said  corporation  without  the  written  con- 
sent of  the  owners  of  such  portion  in  each  instance,  filed  in 
the  office  of  the  board  of  selectmen. 

Section  3.  If  a  traveler  on  the  highway  while  in  the 
exercise  of  due  care  sustains  bodily  injury  or  damage  in  his 
property  by  reason  of  the  construction  or  maintenance  of 
said  bridge,  he  may  recover  damages  therefor  in  an  action 
of  tort  brought  in  the  superior  court  against  said  Walter 
Baker  &  Company,  Inc.,  or  its  successors  or  assigns,  within 
one  year  after  the  date  of  such  injury  or  damage;  provided, 
that  such  notice  of  the  time,  place  and  cause  of  the  said 
injury  or  damage  be  given  to  said  Walter  Baker  &  Com- 
pany, Inc.,  or  its  successors  or  assigns,  by,  or  on  behalf  of, 
the  person  or  persons  sustaining  the  same  as  is,  under  the 
provisions  of  chapter  eighty-four  of  the  General  Laws,  valid 
and  sufficient  in  cases  of  injury  or  damage  sustained  by 
reason  of  a  defect  or  a  want  of  repair  in  or  upon  a  way,  if 
such  defect  or  want  of  repair  is  caused  by  or  consists  in  part 
of  snow  or  ice,  or  both.  The  remedy  herein  provided  shall 
not  be  exclusive,  but  shall  be  in  addition  to  any  other 
remedy  provided  by  law. 

Section  4.  This  act  shall  take  full  effect  upon  its  accept- 
ance during  the  current  year  by  vote  of  said  town,  but  not 
otherwise.  Approved  February  19,  1945. 


An  Act  relative  to  the  making  by  banking  institutions  (JJjQp^   4.Q 

AND  insurance  COMPANIES  OF  LOANS  TO  VETERANS  OF 
WORLD  WAR  II  GUARANTEED  BY  THE  ADMINISTRATOR  OF 
veterans'    AFFAIRS. 

Whereas,  The  deferred  operation  of  this  act  would  tend  ^;^®^^,°''y 
to  defeat  its  purpose,  which  is  to  make  available  without 
delay  to  qualifying  veterans  of  World  War  II  the  benefits  of 
the  act  of  congress  known  as  the  Servicemen's  Readjust- 
ment Act  of  1944,  and  which  became  effective  on  June 
twenty-second,  nineteen  hundred  and  forty-four,  therefore 
it  is  hereby  declared  to  be  an  emergency  law,  necessary  for 
the  immediate  preservation  of  the  public  convenience. 


32  Acts,  1945.  —  Chap.  46. 

Re  it  enacted,  etc.,  as  follows: 

Section  1.  Subject  to  such  regulations  as  the  commis- 
sioner of  banks  deems  to  be  necessary  or  advisable  in  respect 
to  trust  companies,  savings  banks,  co-operative  banks  or 
credit  unions,  and  to  such  regulations  as  the  commissioner 
of  insurance  deems  to  be  necessary  or  advisable  in  respect  to 
insurance  companies,  any  trust  company,  savings  bank, 
co-operative  bank,  credit  union  or  insurance  company  or- 
ganized under  the  laws  of  this  commonwealth  is  authorized, 
for  a  period  ending  five  years  after  the  termination  of  the 
present  states  of  war  between  the  United  States  and  certain 
foreign  countries,  to  make  such  loans  and  advances  of  credit 
to  qualified  veterans  of  World  War  II  as  are  guaranteed  in 
whole  or  in  part  by  the  administrator  of  veterans'  affairs  or 
his  successor  or  successors  in  such  office,  under  the  act  of 
congress  known  as  the  Servicemen's  Readjustment  Act  of 
1944,  or  any  amendment  thereof,  and  to  obtain  such  guar- 
anties. 

Section  2.  During  the  period  that  the  provisions  of  this 
act  are  in  force  and  effect,  and,  with  respect  to  the  obliga- 
tion of  any  contract  entered  into  during  said  period  under 
the  provisions  of  this  act,  for  the  hfe  of  said  obligation,  no 
provision  of  law  limiting  the  power  of  a  trust  company, 
savings  bank,  co-operative  bank,  credit  union  or  insurance 
company  organized  under  the  laws  of  this  commonwealth  to 
make  loans  shall  apply  to  loans  made  pursuant  to  section 
one  of  this  act,  subject  to  regulations  referred  to  in  section 
one  and  guaranteed  in  whole  or  in  part  by  the  administrator 
of  veterans'  affairs. 

Section  3.  Nothing  contained  in  this  act  shall,  unless 
otherwise  expressly  provided  therein,  be  deemed  to  abridge 
any  power  or  authority  conferred  upon  the  commissioner  of 
banks  or  commissioner  of  insurance  by  any  other  provision 
of  law. 

Section  4.  The  action  of  the  governor  in  making  and 
issuing  on  October  eighteenth,  nineteen  hundred  and  forty- 
four,  his  executive  order  authorizing  any  savings  bank, 
co-operative  bank,  trust  company,  credit  union  or  insurance 
company  doing  business  in  this  commonwealth  to  make 
loans  and  advances  of  credit  to  those  appUcants  who  procure 
the  guaranty  of  the  administrator  of  veterans'  affairs  in 
accordance  with  the  provisions  of  Title  III  of  the  Service- 
men's Readjustment  Act  of  1944,  and  all  acts  done  and 
regulations  issued  pursuant  to  said  order,  are  hereby  ex- 
pressly ratified  and  confirmed. 

Approved  February  24,  1945. 


Acts,  1945.  —  Chaps.  47,  48.  33 


An  Act  to  empower  the  city  of  westfield  to  pay  cer-  c/mr)    47 

TAIN  expenses  FROM  THE  APPROPRIATIONS  OF  THE  SCHOOL  ^' 

committee. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Westfield  is  hereby  authorized  to 
pay  from  the  appropriations  made  for  the  maintenance  and 
expenses  of  the  school  department,  for  the  fiscal  year  com- 
mencing January  first,  nineteen  hundred  and  forty-five,  such 
of  the  unpaid  bills  incurred  during  the  years  nineteen  hun- 
dred and  forty-two  and  nineteen  hundred  and  forty-three, 
the  total  of  such  bills  being  nine  hundred  and  seventy  dollars 
and  eighty-four  cents,  as  set  forth  in  a  list  on  file  in  the  office 
of  the  director  of  accounts  in  the  department  of  corporations 
and  taxation,  as  are  legally  unenforceable  against  said  city, 
either  by  reason  of  their  being  incurred  in  excess  of  available 
appropriations  or  by  reason  of  failure  to  present  them  for 
payment  during  the  year  in  which  they  were  incurred. 

Section  2.  No  bill  shall  be  approved  by  the  city  auditor 
of  said  city  for  payment  or  paid  by  the  treasurer  thereof 
under  authority  of  this  act  unless  and  until  certificates 
have  been  signed  and  filed  with  said  city  auditor,  stating 
under  the  penalties  of  perjury  that  the  goods,  materials  or 
services  for  which  bills  have  been  submitted  were  ordered  by 
an  ofl^icial  or  an  employee  of  said  city,  and  that  such  goods 
and  materials  were  delivered  and  actually  received  by  said 
city  or  that  such  services  were  rendered  to  said  city,  or  both. 

Section  3.  Any  person  who  knowingly  files  a  certificate 
required  by  section  two  which  is  false  and  who  thereby 
receives  payment  for  goods,  materials  or  services  which 
were  not  received  by  or  rendered  to  said  city  shall  be  pun- 
ished by  imprisonment  for  not  more  than  one  year  or  by  a 
fine  of  not  more  than  three  hundred  dollars,  or  both. 

Section  4.   This  act  shall  take  effect  upon  its  passage. 

Approved  February  24,  19JfO. 


An  Act  authorizing  the  town  of  Norwood  to  increase  (Jfidj)    43 
.   temporarily  the  retirement  allowances  of  certain 
retired  persons  formerly  employed  by  it. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  retirement  allowances  of  former  em- 
ployees of  the  town  of  Norwood  who  have  been  retired  under 
any  provision  of  law  may  be  increased  by  said  town  by  an 
amount  not  in  excess  of  the  amount  of  any  temporary  in- 
crease of  salary  or  bonus,  so  called,  granted  during  the  existing 
states  of  war  to  present  employees  of  said  town,  holding 
similar  positions  in  the  same  grade  or  classification  occupied 
by  such  former  employees  at  the  time  of  their  retirement. 
Increases  of  retirement  allowances  made  as  authorized  by 
this  act  shall  be  effective  only  for  the  period  during  which 


34 


Acts,  1945. —  Chaps.  49,  50. 


Chap. 


G.  L.  (Ter. 
Ed.),  127, 
§  129,  etc., 
amended. 


Deduction 
for  good 
conduct. 


Application 
of  act. 


such  temporary  increase  of  salary  or  bonus,  so  called,  pay- 
able to  employees  of  said  town  is  effective. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  February  24,  1945. 

49  An   Act  relative   to   deductions   from   sentences   of 
prisoners  by  reason  of  their  good  conduct, 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  hundred  and  twenty-nine  of 
chapter  one  hundred  and  twenty-seven  of  the  General  Laws, 
as  appearing  in  section  two  of  chapter  six  hundred  and  ninety 
of  the  acts  of  nineteen  hundred  and  forty-one,  is  hereby 
amended  by  striking  out,  in  the  twenty-second  and  twenty- 
third  lines,  the  words  "otherwise  than  concurrently,  the 
aggregate  of  his  several"  and  inserting  in  place  thereof  the 
words :  —  concurrently  or  otherwise,  the  maximum  period  of 
time  for  which  he  may  be  held  under  his,  —  so  that  the  third 
sentence  will  read  as  follows :  —  If  a  prisoner  has  two  or 
more  sentences  to  be  served  concurrently  or  otherwise,  the 
maximum  period  of  time  for  which  he  may  be  held  under  his 
sentences  shall  be  the  basis  upon  which  the  deduction  shall 
be  determined. 

Section  2.  This  act  shall  not  apply  in  the  case  of  any 
prisoner  serving  a  sentence  imposed  prior  to  the  effective 
date  of  this  act,  if  application  of  the  provisions  thereof 
would  have  the  effect  of  making  his  punishment  more  severe. 

Approved  February  24,  1945. 


Chap. 


G.  L.  (Ter. 
Ed.),  123, 
§  105,  etc., 
amended. 


Discharge 
of  certain 
insane 
prisoners. 


50  An  Act  clarifying  the  provisions  of  law  relative  to 

the  disposition  of  PRISONERS  COMMITTED  OR  REMOVED 
TO  HOSPITALS  UNDER  THE  CONTROL  OF  THE  DEPARTMENT 
OF  MENTAL  HEALTH. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  hundred  and  five  of  chapter  one  hundred  and 
twenty-three  of  the  General  Laws,  as  most  recently  amended 
by  section  two  of  chapter  two  hundred  and  sixteen  of  the 
acts  of  nineteen  hundred  and  forty-one,  is  hereby  further, 
amended  by  striking  out,  in  the  forty-eighth  and  forty- 
ninth  lines,  as  appearing  in  chapter  one  hundred  and  thirty 
of  the  acts  of  nineteen  hundred  and  thirty-six,  the  words 
"commissioner  and  superintendent  of  the  institution,  or" 
and  inserting  in  place  thereof  the  words:  —  superintendent 
of  the  institution,  or  the  commissioner  and,  —  so  that  the 
first  paragraph  will  read  as  follows:  —  When,  in  the  opinion 
of  the  superintendent  of  the  state  hospital  to  which  a 
prisoner  has  been  committed  or  removed  under  section  one 
hundred,  one  hundred  and  three  or  one  hundred  and  four, 
or  of  the  commissioner  and  the  medical  director  appointed 
under  section  forty-eight  of  chapter  one  hundred  and  twenty- 
five  in  case  of  commitment  or  removal  to  the  Bridgewater 


Acts,  1945.  —  Chap.  50.  35 

state  hospital,  the  mental  condition  of  the  prisoner  is  such 
that  he  should  be  returned  to  custody  or  to  the  penal  in- 
stitution from  which  he  was  taken,  he  or  they  shall  so  certify 
upon  the  warrant  or  commitment,  and  notice,  accompanied 
by  a  written  statement  regarding  the  mental  condition  of 
the  prisoner,  shall  be  given  to  the  proper  custodian  or  to 
the  warden,  superintendent,  keeper  or  master,  as  the  case 
may  be,  of  such  penal  institution,  who  shall  thereupon  cause 
the  prisoner  to  be  reconveyed  to  such  custodian,  or  to  such 
penal  institution,  there  to  remain  pursuant  to  the  original 
sentence  if  committed  or  removed  under  section  one  hundred 
and  three  or  one  hundred  and  four,  computing  the  time  of 
his  detention  or  confinement  in  the  said  hospital  as  part  of 
the  term  of  his  imprisonment  under  such  sentence;  provided, 
that  a  prisoner  committed  or  removed  to  a  state  hospital 
under  section  one  hundred,  one  hundred  and  three  or  one 
hundred  and  four  for  his  proper  care  or  observation  pending 
the  determination  of  his  insanity  shall,  unless  found  to  be 
insane  as  hereinafter  provided,  be  returned  in  the  manner 
hereinbefore  provided  to  the  penal  institution  or  custody 
whence  so  taken,  not  later  than  thirty-five  days  thereafter, 
but  such  prisoner  shall  in  all  other  respects  be  subject  to 
the  provisions  of  this  section.  If  a  prisoner  committed  as 
insane  under  section  one  hundred,  who  has  not  been  restored 
to  sanity,  is  returned  as  aforesaid  because  in  the  opinion  of 
the  superintendent,  or  of  the  commissioner  and  said  medical 
director,  as  the  case  may  be,  neither  the  public  interest  nor 
the  welfare  of  the  prisoner  will  be  promoted  by  his  further 
retention  in  the  hospital,  he  or  they  shall  so  certify  upon 
the  warrant  or  commitment  and  shall  append  thereto  a 
report  relative  to  the  prisoner's  mental  condition  as  affect- 
ing his  criminal  responsibility  and  the  advisability  of  his 
discharge  or  temporary  release  from  the  penal  institution 
or  custody  to  which  he  is  returned.  If  a  prisoner,  committed 
or  removed  under  section  one  hundred,  one  hundred  and 
three  or  one  hundi'ed  and  four  for  his  proper  care  or  observa- 
tion as  aforesaid,  is  found  by  the  superintendent  or  by  the 
commissioner  and  said  medical  director,  as  the  case  may  be, 
to  be  insane,  the  finding  shall  be  certified  upon  the  warrant 
or  commitment,  and  the  superintendent  of  the  institution, 
or  the  commissioner  and  said  medical  director,  as  the  case 
may  be,  shall  report  the  prisoner's  mental  condition  to  the 
court  or  judge  issuing  the  warrant  or  commitment,  or  in 
case  of  the  death,  resignation  or  removal  of  the  judge,  to 
his  successor  in  office,  or  in  case  of  the  absence  or  disability 
of  the  judge,  to  any  judge  or  special  justice  of  the  same 
court,  with  the  recommendation  that  the  prisoner  be  com- 
mitted as  an  insane  person.  The  court,  judge  or  justice 
may  thereupon  commit  the  prisoner  to  an  institution  for 
the  insane,  if,  in  the  opinion  of  the  court,  judge  or  justice, 
such  commitment  is  necessary.  The  provisions  of  this  sec- 
tion relative  to  the  return  to  custody  or  to  a  penal  institu- 
tion of  a  prisoner  taken  therefrom  imder  section  one  hun- 


36 


Acts,  1945.  —  Chaps.  51,  52. 


dred,  one  hundred  and  three  or  one  hundred  and  four,  shall 
apply,  so  far  as  apt,  to  a  prisoner  committed  under  this 
section.  Approved  February  24,  1943. 


Chap.   51  An  Act  establishing  a  form  of  certificate  of  party 

ENROLMENT  TO   BE   USED   BY   VOTERS   OBJECTING   TO   NOMI- 
NATION PAPERS  FOR  PRIMARIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  twenty-six  of  chapter  fifty-three  of  the  General 
Laws,  as  amended  by  section  twelve  of  chapter  three  hun- 
dred and  thirty-four  of  the  acts  of  nineteen  hundred  and 
forty-three,  is  hereby  further  amended  by  adding  at  the 
end  the  following  paragraph :  — 

The  certificate  of  enrolment  shall  be  in  substantially  the 
following  form:  — 


G.  L.  (Ter. 
Ed.).  63, 
§  26,  etc., 
amended.  ■ 


Certificate 
enrolment, 
form  of. 


The  Commonwealth  of  Massachusetts 


Certificate  of  Party  Enrolmenl 
We  hereby  certify  that 

a  registered  voter  at 


(Name) 


(Street  and  Number) 

is  an  enrolled  member  of 


the 


(City  or  Town) 

Political  Party. 


Clerk  of  or  Board  of 
Registrars  of  Voters 


Election  Commissioners 
of 


Dated , 


(City-Town) 

Approved  February  24,  1945. 


Chav.   52  An  Act  permitting  instructions  to  be  printed  on  the 

BACK  OF  absent  VOTING  BALLOTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  eighty-seven  of  chapter  fifty-four  of  the  General 
Laws,  as  amended,  is  hereby  further  amended  by  striking 
out  subsection  (a),  as  appearing  in  the  Tercentenary  Edition, 
and  inserting  in  place  thereof  the  following  subsection :  — 

(a)  Official  absent  voting  ballots,  similar  in  all  respect^ 


G.  L.  (Ter. 
Ed.),  54, 
§  87,  etc., 
amended. 


Official 
ab««nt  vot- 
ing ballota. 


Acts,  1945.  —  Chaps.  53,  54.  37 

to  the  official  ballot  to  be  used  at  such  election,  except  that 
they  shall  be  printed  on  paper  differing  in  color  from  that 
used  for  official  or  specimen  ballots  and  except  that  instruc- 
tions referred  to  in  subsection  (e)  may  be  printed  on  the 
back  of  such  absent  voting  ballots. 

Approved  February  24,  194^. 

An  Act  making  certain  corrections  of  a  technical  Chav.   53 

NATURE  in  the  STATUTES  RELATING  TO  TRUST  COMPANIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Section  seventy-five  of  chapter  one  hundred  Ed^m"^' 
and  seventy-two  of  the  General  Laws,  as  most  recently  §  t's,'  etc.," 
amended  by  chapter  one  hundred  and  ninety-three  of  the  *°°^"^«'^- 
acts  of  nineteen  hundred  and  forty-three,  is  hereby  further 
amended  by  striking  out  the  last  sentence  and  inserting 
in  place  thereof  the  following  sentence :  —  Notwithstanding  Reserves 
the  provisions  of  this  section  and  of  sections  seventy-three  ^^^i^^^ 
and  seventy-four,  the  commissioner  may  by  regulation  in-  time  deposits, 
crease  or  decrease  from  time  to  time,  in  his  discretion,  the 
reserves  required  to  be  maintained  against  either  demand  or 
time  deposits. 

Section  2.     Section  eighty  of  said  chapter  one  hundred  %^\^2' 
and  seventy-two,  as  amended  by  section  thirty-one  of  chapter  §  so,"  etc' 
three  hundred  and  forty-nine  of  the  acts  of  nineteen  hundred  *°^^°'^^'^- 
and  thirty-four,  is  hereby  further  amended  by  striking  out 
the  next  to  the  last  sentence  and  inserting  in  place  thereof 
the  following  sentence:  —  All  debts  due  to  any  such  corpora-  Definition  of 
tion  on  which  interest  is  due  and  unpaid  for  a  period  of  six  ^^'^  •^*''*^- 
months,  unless  the  same  are  well  secured  or  in  process  of 
collection  and  reasonably  certain  of  payment  in  full,  shall 
be  considered  bad  debts  within  the  meaning  of  this  section. 

Approved  February  24,  1945. 

An   Act   authorizing   the   Middlesex   county    commis-  Chav    54 
signers  to  acquire  additional   land   for  the  pur- 

POSES  OF  the  district  COURT  OF  LOWELL  AT  LOWELL  IN 
SAID   COUNTY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1,  The  county  commissioners  of  Middlesex 
county  are  hereby  authorized  to  acquire  by  purchase,  or 
to  take  by  eminent  domain  under  chapter  seventy-nine  of 
the  General  Laws,  additional  land  adjacent  to  the  lands 
owned  by  the  said  county  and  used  for  the  district  court  of 
Lowell  in  the  city  of  Lowell  in  said  county,  and,  for  said 
purpose,  said  county  commissioners  may  expend  out  of  any 
appropriation  for  building  county  buildings  and  purchase  of 
land  a  sum  not  exceeding  six  thousand  dollars. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance during  the  current  year  by  the  county  commis- 
sioners of  said  county,  but  not  otherwise. 

Approved  February  24,  1945. 


38 


Acts,  1945.  —  Chaps.  55,  56. 


G.  L.  (Ter. 
Ed.),  53,  §  3, 
etc.,  amended. 


Chap.  55  An  Act  requiring  acceptance  of  nomination  at  pri- 
maries BY  certain  persons,  WHOSE  NAMES  ARE  NOT 
PRINTED  ON  THE  BALLOT,  TO  BE  FILED  IN  ADVANCE  OF 
THE   FINAL   DETERMINATION   OF  THEIR   NOMINATION. 

Be  it  enacted,  etc.,  as  follows: 

Section  three  of  chapter  fifty-three  of  the  General  Laws, 
as  most  recently  amended  by  section  one  of  chapter  three 
hundred  and  thirty-four  of  the  acts  of  nineteen  hundred 
and  forty-three,  is  hereby  further  amended  by  adding  at 
the  end  the  following  sentence :  —  This  section  shall  be  con- 
strued to  provide  that  written  acceptance  of  such  a  nomina- 
tion at  a  primary  shall  be  filed  as  aforesaid  within  the  time 
herein  limited,  by  any  such  person  whose  nomination  is 
finally  determined  after  the  expiration  of  the  time  so  limited, 
otherwise  his  name  shall  not  be  printed  on  the  ballot  at 
the  ensuing  election,  —  so  as  to  read  as  follows:  —  Section  3. 
A  person  whose  name  is  not  printed  on  a  state,  city  or  town 
primary  ballot  as  a  candidate  for  an  office,  but  who  receives 
sufficient  votes  to  nominate  him  therefor,  shall  file  written 
acceptance  of  the  nomination  in  the  office  of  the  state 
secretary  within  six  days,  or  the  city  or  town  clerk  within 
three  days,  as  the  case  may  be,  succeeding  five  o'clock  in 
the  afternoon  of  the  day  of  holding  the  primaries,  otherwise 
his  name  shall  not  be  printed  on  the  ballot  at  the  ensuing 
election.  This  section  shall  be  construed  to  provide  that 
written  acceptance  of  such  a  nomination  at  a  primary  shall 
be  filed  as  aforesaid  within  the  time  herein  limited,  by  any 
such  person  whose  nomination  is  finally  determined  after 
the  expiration  of  the  time  so  limited,  otherwise  his  name 
shall  not  be  printed  on  the  ballot  at  the  ensuing  election. 

Approved  February  24,  1945. 


Candidate 
whose  name 
is  not  printed 
on  primary 
ballot  must 
accept  nomi- 
nation to 
have  name 
on  ballot. 


Chap.   56  An  Act  to  authorize  the  water  commissioners  of  the 

TOWN  OF  MARSHFIELD  TO  ACT  AS  SEWER  COMMISSIONERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  In  addition  to  the  powers  and  duties  con- 
ferred and  imposed  by  chapter  four  hundred  and  five  of  the 
acts  of  nineteen  hundred  and  twenty  and  other  provisions 
of  law  upon  the  water  commissioners  established  under  sec- 
tion nine  of  said  chapter  four  hundred  and  five,  they  shall 
have  all  the  powers  and  duties  conferred  and  imposed  upon 
a  board  of  sewer  commissioners  by  general  law. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  vote  of  a  majority  of  the  voters  of  the  town  of 
Marshfield  present  and  voting  thereon  at  a  legal  town  meet- 
ing called  for  the  purpose  within  three  years  after  its  passage, 
but  not  otherwise.  Approved  February  2G,  1945. 


Acts,  1945. —  Chaps.  57,  58.  39 


An  Act  temporarily  confirming  the  power  and  author-  QJi^r)     57 

ITY  OF  DOMESTIC  INSURANCE  COMPANIES,  THEIR  OFFICERS, 
DIRECTORS,  EMPLOYEES  AND  AGENTS,  TO  PAY  CERTAIN 
TAXES  AND   FEES,   AND  RELATING  TO  LIABILITY  THEREFOR. 

Whereas,  Domestic  insurance  companies  transacting  busi-  Emergency 
ness  in  various  states  and  territories  of  the  United  States  p'"'''*"^'^^'^- 
and  the  District  of  Columbia,  and  poHtical  subdivisions 
thereof,  are  required  by  the  laws  thereof  to  pay  certain 
taxes  and  fees  thereto,  and,  in  view  of  recent  decisions  of 
the  supreme  court  of  the  United  States,  there  is  a  doubt,  as 
yet  unresolved  specifically  by  final  authority,  as  to  the  con- 
stitutionality of  certain  of  such  laws;  and 

Whereas,  The  deferred  operation  of  this  act  would  tend 
to  defeat  its  purpose,  which  is  to  enable  such  companies,  their 
officers,  directors,  employees  and  agents,  to  continue  with 
safety  to  pay  the  taxes  and  fees  imposed  by  any  of  such 
laws  until  any  such  law  has  been  declared  unconstitutional 
by  the  supreme  court  of  the  United  States,  therefore  it  is 
hereby  declared  to  be  an  emergency  law,  necessary  for  the 
immediate  preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.  Every  domestic  insurance  company  and  its 
officers,  directors  and  agents  and  employees  shall  have  power 
and  authority  to  comply  with  any  statute,  ordinance  or  other 
law  of  any  state  or  territory,  including  the  District  of  Co- 
lumbia, or  any  political  subdivision  thereof,  imposing  any 
license,  excise,  privilege,  occupation,  premium  or  other  tax 
or  fee  or  deposit  requirement  and  to  pay  such  tax  or  fee 
and  make  such  deposit  unless  prior  to  such  payment  such 
statute,  ordinance  or  other  law  shall  have  been  expressly 
held  invalid  by  the  supreme  court  of  the  United  States.  No 
such  company,  officer,  director,  employee  or  agent  shall  be 
subject  to  liability  by  .reason  of  any  such  compliance  or 
payment  either  heretofore  or  hereafter  made. 

Section  2.  This  act  shall  become  inoperative  on  July 
first,  nineteen  hundred  and  forty-seven. 

Approved  February  28,  1945. 


An  Act  exempting  the  a.  c.  lawrence  leather  com-  (Jfiaj)    53 

PANY  employees'  BENEFIT  ASSOCIATION  FROM  ALL  PRO- 
visions  of  GENERAL  AND  SPECIAL  LAWS  RELATIVE  TO 
INSURANCE  AND  TO  FRATERNAL  BENEFIT  SOCIETIES. 

Be  it  enacted,  etc.,  as  folloios: 

The  A.  C.  Lawrence  Leather  Company  Employees'  Bene- 
fit Association,  estabfished  under  a  deed  of  trust  dated 
February  second,  nineteen  hundred  and  twenty,  is  hereby 
exempted  from  all  provisions  of  general  and  special  laws 
relative  to  insurance  and  to  fraternal  benefit  societies. 

Approved  March  2,  1946. 


40 


Acts,  1945.  —  Chaps.  59,  60. 


Chap.   59  An  Act  to  authorize  the  county  of  hampshiee  to  assist 

IN    THE    MAINTENANCE    AND    OPERATION    OP   AN    ISOLATION 
HOSPITAL   WITHIN    SAID    COUNTY. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  The  county  commissioners  of  Hampshire 
county,  for  the  purpose  of  furnishing  the  inhabitants  of  said 
county  with  the  services  of  an  isolation  hospital  within  the 
county  for  the  treatment  and  care  of  persons  residing  within 
their  county  ill  with  communicable,  infectious  or  contagious 
diseases,  dangerous  to  the  public  health,  may  expend  such 
sums,  not  exceeding,  in  the  aggregate,  seven  thousand  five 
hundred  dollars  in  any  one  calendar  year,  as  may  be  appro- 
priated therefor.  Said  sum  or  sums  shall  be  levied  as  a  part 
of  the  county  tax  of  said  county  for  the  then  current  year, 
and  may  be  contributed  towards  the  repair,  equipment,  oper- 
ating and  maintenance  expense  of  a  hospital  owned  or  leased 
by  the  city  of  Northampton. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  2,  1945. 


Chap.   60  An  Act  establishing  a  division  of  self-insurance  in 

THE   DEPARTMENT   OF   INDUSTRIAL   ACCIDENTS   AND    DEFIN- 
ING   ITS    POWERS   AND    DUTIES. 

pr^ambk^^  Whercas,  The  act  of  the  general  court  passed  in  nineteen 

hundred  and  forty-three  establishing  the  principle  of  self- 
insurance,  so  called,  made  no  provision  for  the  estabhshment 
within  the  department  of  industrial  accidents  of  a  division  of 
self-insurance;  and 

Whereas,  There  is  urgent  need  of  legislative  authority  for 
the  establishment  of  such  a  division  in  order  to  specifically 
authorize  certain  officials  and  employees  of  said  department 
to  enforce  the  laws  relative  to  self-insurance  as  soon  as 
possible;  and 

Whereas,  The  purpose  of  this  act  is  to  estabUsh  immedi- 
ately within  said  department  such  a  division,  therefore  this 
act  is  hereby  declared  to  be  an  emergency  law,  necessary  for 
the  immediate  preservation  of  the  public  convenience. 


G.  L.  (Ter. 
Ed.).  24,  new 
§  3B, 
inserted. 
Division  of 
self-insurance. 


Be  it  enacted,  etc.,  as  follows: 

Chapter  twenty-four  of  the  General  Laws  is  hereby 
amended  by  inserting  after  section  three  A,  as  appearing  in 
the  Tercentenary  Edition,  the  following  section :  —  Section 
SB.  There  shall  be  in  the  department  and  under  its  super- 
vision and  control  a  division  of  self-insurance  under  a  direc- 
tor, who  shall  have  charge  of  said  division.  The  department, 
with  the  approval  of  the  governor  and  council,  shall  appoint 
said  director  and,  with  like  approval,  may  remove  him  at 
any  time  for  cause.  Said  division  shall  perform  such  of  the 
functions  of  the  department  in  relation  to  the  administra- 
tion and  enforcement  of  the  provisions  of  chapter  one  hun- 


Acts,  1945. —  Chap.  61.  41 

dred  and  fifty-two  relating  to  self-insurance  as  the  depart- 
ment may  from  time  to  time  determine.  The  department 
may  employ  such  emploj'ees  to  serve  in  said  division  as  may 
be  necessary.  Approved  March  S,  1945. 


An  Act  relative  to  payments  by  savings  banks  and  Qjki'q    q\ 
co-operative  banks  for  the  expenses  of  memberships  ^' 

in   certain   associations   and   for   certain    services 
and  to  certain  charities  for  public  purposes. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Chapter  one  hundred  and  sixty-eight  of  the  g.  l.  (Xer. 
General  Laws  is  hereby  amended  by  striking  out  section  ff^i^^li 
fifty-seven,  added  by  section  twenty-eight  of  chapter  three  amended.' 
hundred  and  thirty-four  of  the  acts  of  nineteen  hundred 
and  thirty-three,  and  inserting  in  place  thereof  the  following 
section :  —  Section  67.     Any  such  corporation,  by  vote  of  Expenses  of 
its  board  of  investment,  may  become  a  member  of  an  asso-  [^^^^taTn*^'^ 
elation  or  associations  organized  for  the  purpose  of  protecting  associations. 
and  promoting  the  interests  of  savings  banks  and  other 
banks,  and  may  subscribe  to  a  service  or  services  estabUshed 
to  protect  or  conserve  the  assets  of  banks,  and  may  pay  to 
such  association  or  associations  or  for  such  a  service  or 
services  its  proportionate  share  of  the  expenses  thereof,  if  in 
the  opinion  of  the  board  of  investment  of  such  corporation 
such   expenses   are   reasonable   and   necessary.     Any   such 
corporation  may  also  by  like  vote  contribute  such  sum  or 
sums  of  money  as  said  board  may  determine  to  be  reasonable 
to  any  general  fund  being  raised  by  a  refief  committee  or 
agency  approved  by  the  commissioner  of  pubhc  welfare  as 
evidenced  by  a  writing  filed  in  his  office,  and  formed  for  the 
purpose  of  raising  money  to  be  used  for  the  betterment  of 
social  and  economic  conditions  in  the  community  where  such 
corporation  is  established.     No  such  corporation  shall  ex- 
pend in  the  aggregate  for  the  purposes  mentioned  in  this 
section  in  any  one  fiscal  year,  as  determined  by  the  com- 
missioner of  banks,  more  than  one  half  of  one  per  cent  of 
its  income  for  the  next  preceding  fiscal  year,  as  so  deter- 
mined. 

Section  2.     Chapter  one  hundred  and  seventy  of  the  g.  l.  (Ter. 
General  Laws  is  hereby  amended  by  striking  out  section  i^s^'eu?; 
fifty-five,  as  appearing  in  chapter  one  hundred  and  forty-  amended.' 
four  of  the  acts  of  nineteen  hundred  and  thirty-three,  and 
inserting  in  place  thereof  the  following  section:  —  Section  Membership 
55.    Any  such  corporation  may,  by  vote  of  a  majority  of  its  0°  a^lcfa- 
directors,  become  a  member  of  a  league  or  leagues  or  an  tions,  etc. 
association   or   associations   organized   for   the   purpose   of 
protecting  and  promoting  the  interests  of  co-operative  banks 
and  similar  institutions,  and  may  subscribe  to  a  service  or 
services  estabUshed  to  protect  or  conserve  the  assets  of 
banks,  and  may  pay  to  such  league  or  leagues  or  association 
or  associations  or  for  such  a  service  or  services  its  propor- 


42 


Acts,  1945. —  Chap.  62. 


tionate  share  of  the  expenses  thereof,  if  in  the  opinion  of  a 
majority  of  its  directors,  such  expenses  are  reasonable  and 
necessary.  Any  such  corporation  may  also  by  like  vote 
contribute  such  sum  or  sums  of  money  as  said  board  may 
determine  to  be  reasonable  to  any  general  fund  being  raised 
by  a  relief  committee  or  agency  approved  by  the  commis- 
sioner of  public  welfare  as  evidenced  by  a  writing  filed  in  his 
office,  and  formed  for  the  purpose  of  raising  money  to  be 
used  for  the  betterment  of  social  and  economic  conditions 
in  the  community  where  such  corporation  is  estabHshed. 
No  such  corporation  shall  expend  in  the  aggregate  for  the 
purposes  mentioned  in  this  section  in  any  one  fiscal  year,  as 
determined  by  the  commissioner,  more  than  one  half  of  one 
per  cent  of  its  income  for  the  next  preceding  fiscal  year,  as 
so  determined.  Approved  March  2,  1945. 


G.  L.  (Ter. 
Ed.).  54. 
§  35A.  etc., 
amended. 


Ballots  for 
referendum, 
when  used. 


Chap.   62  An  Act  relative  to  the  casting  of  separate  ballots 

ON    CERTAIN    QUESTIONS,    WHERE    VOTING    MACHINES    ARE 
USED. 

Be  it  enacted,  etc.,  as  follows: 

Section  thirty-five  A  of  chapter  fifty-four  of  the  General 
Laws,  as  amended  by  section  five  of  chapter  five  hundred 
and  eleven  of  the  acts  of  nineteen  hundred  and  forty-one, 
is  hereby  further  amended  by  adding  at  the  end  the  following 
sentence :  —  Such  ballot  shall  be  deposited  by  the  voter  in 
the  ballot  box  provided  in  accordance  with  law,  —  so  as 
to  read  as  follows :  —  Section  S5A .  At  poUing  places  at 
which  voting  machines  are  used,  ballots  cast  by  challenged 
voters,  and  absent  voting  ballots  cast  at  elections  where  such 
voting  is  permitted  by  law,  shall  be  deposited  in  the  ballot 
boxes  provided  in  accordance  with  law.  For  such  poUing 
places,  the  state  secretary  or  the  city  or  town  clerk,  as  the 
case  may  be,  shall  prepare,  for  the  use  of  voters  voting  in 
person  whose  right  to  vote  is  challenged,  official  ballots 
marked  "Challenged  Ballots"  in  large  type  on  the  back 
thereof  when  folded,  and  may  use  for  such  purpose  official 
absent  voting  ballots  marked  as  aforesaid.  Any  such  official 
absent  voting  ballot  so  used  shall  be  an  official  ballot,  as 
such  term  is  used  in  section  thirty-five  B.  For  each  such 
polling  place,  the  officer  aforesaid  shall  provide  ballots  so 
marked  to  a  number  not  less  than  five  for  each  hundred 
registered  voters  entitled  to  vote  thereat.  When  the  state' 
secretary  shall  determine  that  it  is  not  feasible  to  have  a 
question  or  questions  submitted  to  the  people  under  Article 
XLVIII  of  the  amendments  to  the  constitution  with  the 
required  description  or  descriptions  thereof  appear  on  the 
voting  machine,  he  shall  prepare  separate  ballots  containing 
such  question  or  questions  and  provide  such  ballots  for  each 
such  polling  place,  in  accordance  with  section  forty-five,  to 
be  used  by  the  voters  casting  their  votes  by  the  use  of  the 
voting  machine,  and  one  such  ballot  shall  be  furnished  to 


Acts,  1945.  —  Chaps.  63,  64.  43 

each  voter  as  he  prepares  to  cast  his  vote  by  the  use  of  such 
a  machine.  Such  ballot  shall  be  deposited  by  the  voter  in 
the  ballot  box  provided  in  accordance  with  law. 

Approved  March  2,  1945. 


Chap.   63 


An  Act  further  regulating  the  maintenance  allow- 
ance FOR  SHERIFFS  ACTING  AS  MASTERS  OR  KEEPERS  OF 
JAILS  OR  HOUSES  OF  CORRECTION,  AND  THE  DISPOSITION 
OF  THE  FEES  RECEIVED  BY  THE  SHERIFFS  OF  DUKES  AND 
NANTUCKET   COUNTIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  seventeen  of  chapter  thirty-seven  of  the  General  Sj^iJ^giy 
Laws,  as  appearing  in  the  Tercentenary  Edition,  is  hereby  ameAded. 
amended  by  striking  out  all  after  the  word  "prisoners"  in 
the  seventh  line  and  inserting  in  place  thereof  the  following: 

—  ,  together  with  such  other  maintenance  as  may  be  de- 
termined from  time  to  time  by  the  county  personnel  board, 

—  so  as  to  read  as  follows:  —  Section  17.     The  salaries  of  Salaries  of 
sheriffs  shall  be  paid  by  their  respective  counties  and  shall, 
except  as  hereinafter  provided,  be  in  full  compensation  for 

all  services  rendered  both  as  sheriff  and  as  master  or  keeper 
of  the  jail  or  house  of  correction.  If  a  sheriff  elects  to  act  as 
master  or  keeper  of  the  jail  or  house  of  correction  and  resides 
thereat,  he  shall  be  entitled  to  rent,  heat  and  light,  and  such 
subsistence  as  he  may  desire  out  of  the  regular  subsistence 
rations  purchased  for  prisoners,  together  with  such  other 
maintenance  as  may  be  determined  from  time  to  time  by  the 
county  personnel  board.  Approved  March  2,  194-5. 

An  Act  relative  to  the  time  when  mailing  lists  of  fhnj)    g4 

VOTERS  are   to   BE   FURNISHED   TO   THE   STATE   SECRETARY     ^    ^  ' 
BY    CERTAIN    CITIES   AND    BY    TOWNS. 

Be  it  enacted,  etc.,  as  folloios: 

Section  fifty-three  of  chapter  fifty-four  of  the  General  EJ^^^J^'j-gg 
Laws,  as  appearing  in  the  Tercentenary  Edition,  is  hereby  amended. 
amended  by  striking  out,  in  the  third  line,  the  word  "sixty", 
and  inserting  in  place  thereof  the  word :  —  ninety,  —  and  by 
striking  out,  in  the  thirteenth  and  fourteenth  lines,  the 
words  "the  following  section"  and  inserting  in  place  thereof 
the  words :  —  section  fifty-four,  —  so  as  to  read  as  follows : 

—  Section  53.     The  election   commissioners  in  Boston  at  Measures 
least  twenty-four  days,  and  the  registrars  of  voters  in  every  undTrinitia- 
other  city  and  town  at  least  ninety  days,  before  the  biennial  re]|rendum, 
state  election,  shall  cause  to  be  sent  to  the  state  secretary  information' 
mailing  Hsts  of  the  voters  whose  names  appear  on  the  latest 
revised  voting  lists  of  their  respective  cities  and  towns,  and  List  of 
shall  promptly  furnish  him  with  subsequent  additions  to  and  hirnLhed.  ^ 
corrections  in  the  said  lists.     The  secretary  shall  cause  to 

be  printed  in  type  of  a  size  not  less  than  ten  point  and  sent 
to  each  person  whose  name  appears  upon  the  said  Usts,  with 


44 


Acts,  1945.  —  Chap.  65. 


copies  of  the  measures  to  which  they  refer  and  brief  state- 
ments, prepared  by  the  attorney  general,  of  the  provisions 
thereof,  arguments  for  and  against  measures  to  be  submitted 
to  the  people  under  the  forty-eighth  article  of  the  amend- 
ments to  the  constitution,  provided  that  the  arguments  are 
filed  with  him  as  provided  in  section  fifty-four. 

Approved  March  S,  1945. 


G.  L.  (Ter. 
Ed.).  46, 
§  13.  etc., 
amended. 


Amendment 
of  certain 
records. 


Chap.   65  An  Act  relative  to  the  form  of  copies  of  birth  rec- 
ords OF  illegitimate  children  who  have  acquired 

THE    STATUS    OF   LEGITIMATE    CHILDREN. 

Be  it  enacted,  etc.,  as  folloios: 

Section  thirteen  of  chapter  forty-six  of  the  General  Laws, 
as  amended,  is  hereby  further  amended  by  inserting  after 
the  word  "record"  the  second  time  it  occurs  in  the  twenty- 
seventh  line  of  the  paragraph  appearing  in  chapter  fifty  of 
the  acts  of  nineteen  hundred  and  forty-one,  the  following 
sentence:  —  If  the  corrected,  amended  or  supplemented  rec- 
ord is  that  of  a  person  who  has  acquired  the  status  of  a 
legitimate  child,  the  clerk  shall  not  indicate  on  such  copy 
that  the  record  has  been  corrected,  amended  or  supple- 
mented, —  so  that  said  paragraph  will  read  as  follows :  — 

He  shall  file  any  affidavit,  certified  copy  of  such  decree  or 
copy  of  record  submitted  under  this  section  and  record  it 
in  a  separate  book  kept  therefor,  with  the  name  and  resi- 
dence of  the  deponent  or  the  facts  of  such  decree  and  the 
date  of  the  original  record,  and  shall  thereupon  draw  a  line 
through  any  statement,  or  statements,  sought  to  be  cor- 
rected or  amended  in  the  original  record,  without  erasing 
them,  shall  enter  upon  the  original  record  the  facts  required 
to  correct,  amend  or  supplement  the  same  in  accordance 
with  such  affidavit  or  decree,  including,  in  case  of  a  decree 
of  adoption,  the  same  facts  relative  to  the  adopting  parents 
as  are  required  in  a  record  of  birth  by  the  provisions  of  sec- 
tion one  relative  to  natural  parents,  and  forthwith,  if  a  copy 
of  the  record  has  been  sent  to  the  state  secretary,  shall 
forward  to  the  state  secretary  a  certified  copy  of  the  cor- 
rected, amended  or  supplemented  record  upon  blanks  to  be 
provided  by  him,  and  the  state  secretary  shall  thereupon 
correct,  amend  or  supplement  the  record  in  his  office.  Ref- 
erence to  the  record  of  the  affidavit  or  such  decree  shall  be 
made  by  the  clerk  on  the  margin  of  the  original  record.  If 
the  clerk  furnishes  a  copy  of  such  a  record,  he  shall  certify 
to  the  facts  contained  therein  as  corrected,  amended  or  sup- 
plemented; except  that  the  clerk  shall,  upon  proper  judicial 
order,  or  when  requested  by  a  person  seeking  his  own  birth 
record,  or  by  a  person  whose  official  duties,  in  the  opinion 
of  the  clerk,  entitle  him  to  the  information  contained  in  the 
original  record,  furnish  a  copy  of  such  original  record.  If 
the  corrected,  amended  or  supplemented  record  is  that  of  a 
person  who  has  acquired  the  status  of  a  legitimate  child,  the 


Acts,  1945.  —  Chap.  66.  46 

clerk  shall  not  indicate  on  such  copy  that  the  record  has 
been  corrected,  amended  or  supplemented.  Such  affidavit, 
or  a  certified  copy  of  the  record  of  any  other  town  or  of  a 
written  statement  made  at  the  time  by  any  person  since 
deceased  required  by  law  to  furnish  evidence  thereof,  may, 
in  the  discretion  of  the  clerk,  be  made  the  basis  for  the  rec- 
ord of  a  birth,  marriage  or  death  not  previously  recorded, 
and  such  copy  of  record  may  also  be  made  the  basis  for 
completing  the  record  of  a  birth,  marriage  or  death  not  con- 
taining all  the  required  facts.        Approved  March  2,  194-3. 


An  Act  relative  to  the  making  by  banking  institu-  (Jfia't)     66 

TIONS   OF   LOANS    INSURED    BY   THE    FEDERAL   HOUSING   AD- 
MINISTRATOR. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  one  hundred  and  sixty-seven  of  the  o.  l.  (Ter. 
General  Laws  is  hereby  amended  by  adding  after  section  ne't^'j^s/^' 
fift}^,  added  by  chapter  thirty-seven  of  the  acts  of  the  cur-  added, 
rent  year,  the  following  section:  —  Section  51.  Subject  to  Loans  issued 
such  regulations  as  the  commissioner  of  banks  deems  to  be  houslnrid- 
necessary  or  advisable  in  respect  to  trust  companies,  savings  ministrator. 
banks,  co-operative  banks  or  credit  unions,  any  trust  com- 
pany, savings  bank,  co-operative  bank  or  credit  union  or- 
ganized under  the  laws  of  this  commonwealth  is  authorized: 
—  (a)  to  make  such  loans  and  advances  of  credit  to  residents 
of  the  commonwealth  and  purchases  of  obligations  repre- 
senting such  loans  and  advances  of  credit  to  residents  of 
the  commonwealth  as  are  insured  by  the  federal  housing 
administrator,  and  to  obtain  such  insurance;  (6)  to  make 
and  acquire  such  loans  secured  by  mortgages  on  real  prop- 
erty in  this  commonwealth  as  the  federal  housing  adminis- 
trator insures  or  gives  commitments  to  insure,  and  to  ob- 
tain such  insurance;  (c)  to  collect  and  apply  payments  due 
upon  and  otherwise  to  service  any  mortgage  loan  originated 
by  it  and  insured  by  the  federal  housing  administrator,  and 
with  respect  to  such  mortgage  loan  to  make  agreements 
with  any  mortgagees  approved  by  the  federal  housing  admin- 
istrator to  collect  and  apply  payments  due  upon  and  other- 
wise to  service  any  such  mortgage  loan.  With  respect  to 
the  obligation  of  any  mortgage  contract  entered  into  under 
any  provision  of  this  section,  for  the  life  of  said  obhgation, 
no  provision  of  law  limiting  the  ratio  of  a  mortgage  loan  to 
the  value  of  the  property  or  the  term  of  the  mortgage,  or 
hmiting  the  power  of  any  trust  company,  savings  bank,  co- 
operative bank  or  credit  union  to  make  loans  other  than 
those  secured  by  mortgages  upon  real  estate  shall  apply  to 
loans  made  pursuant  to  this  section  and  subject  to  regula- 
tions referred  to  herein,  but  nothing  contained  herein  shall 
be  deemed  to  abridge  any  power  or  authority  conferred  upon 
the  commissioner  of  banks  by  any  other  proviaion  of  law. 
Notwithstanding  the  foregoing,  a  trust  company  may  make 


46  Acts,  1945.  —  Chaps.  67,  68. 

mortgage  loans  hereunder  within  the  geographical  limits 
contained  in  section  thirty-four  of  chapter  one  hundred  and 
seventy-two. 
difte"*'^*^  Section  2.     This   act  shall  become  operative  on  July 

second  of  the  current  year.  Approved  March  2,  194-5. 


(Imp.   67  An  Act  to  make  redeemable  obligations  of  the  united 

STATES  ELIGIBLE  INVESTMENTS  FOR  COMMON  TRUST  FUNDS. 

^reambiT^  T17iereas,  The  deferred  operation  of  this  act  would  postpone 

purchases  of  certain  United  States  bonds  by  common  trust 
funds  and  to  that  extent  would  impede  the  war  effort,  there- 
fore it  is  hereby  declared  to  be  an  emergency  law,  necessary 
for  the  immediate  preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  folloios: 

Ed)"203A"  Chapter  two  hundred  and  three  A  of  the  General  Laws, 

new'iii,  '       inserted  by  chapter  four  hundred  and  seventy-four  of  the 
^    ^'^'  acts  of  nineteen  hundred  and  forty-one,  is  hereby  amended 

^biigaUons  ^y  adding  at  the  end  the  following  section:  —  Section  11. 
States  eligible  For  purposcs  of  this  chapter,  obligations  of  the  United 
States,  which  by  their  terms  are  redeemable  by  the  United 
States,  including,  without  limiting  the  generality  of  the 
foregoing.  United  States  Savings  Bonds  Series  G,  shall  be 
considered  readily  marketable. 

Approved  March  5,  1945. 


investments. 


Chap.   68  An  Act  authorizing  the  city  of  salem  to  borrow  money 

FOR  THE   PURPOSE   OF  ELIMINATION  OF   POLLUTION   IN   THE 
north    RIVER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  elimination  of  pollution 
in  the  North  river,  the  city  of  Salem  may  borrow  from  time 
to  time,  within  a  period  of  five  years  from  the  passage  of 
this  act,  such  sums  as  may  be  necessary,  not  exceeding,  in 
the  aggregate,  two  hundred  and  fifty  thousand  dollars,  and 
may  issue  bonds  or  notes  therefor,  which  shall  bear  on  their 
face  the  words,  Salem  Pollution  Elimination  Loan,  Act  of 
1945.  Each  authorized  issue  shall  constitute  a  separate 
loan  and  such  loans  shall  be  paid  in  not  more  than  thirty 
years  from  their  dates.  Indebtedness  incurred  under  this 
act  shall  be  inside  the  statutory  Hmit  of  indebtedness  and 
shall  be  subject  to  chapter  forty-four  of  the  General  Laws, 
including  the  limitation  contained  in  the  first  paragraph  of 
section  seven  thereof,  as  amended. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  5,  1945. 


Acts,  1945.  —  Chap.  69.  47 


An  Act  authorizing  the  simplex  wire  and  cable  com-  (JfiQrt^   69 

PANY  TO  CONSTRUCT  AND  MAINTAIN  A  BRIDGE  OVER  PACIFIC 
STREET  AND  TO  CONSTRUCT  AND  MAINTAIN  A  BRIDGE  OVER 
SIDNEY   STREET  IN  THE   CITY   OF   CAMBRIDGE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Upon  petition,  and  after  seven  days'  notice 
inserted  in  at  least  one  newspaper  published  in  the  city  of 
Cambridge  and  a  public  hearing  thereon,  the  city  council 
of  said  city,  by  a  two  thirds  vote,  with  the  approval  of  the 
city  manager,  may  grant  and  issue  a  permit  to  Simplex  Wire 
and  Cable  Company,  a  corporation  duly  established  and 
existing  under  the  laws  of  this  commonwealth,  its  successors 
and  assigns,  to  construct  and  maintain  a  bridge  over  Sidney 
street  in  said  city  and  a  bridge  over  Pacific  street  in  said 
city  at  points  where  said  corporation  owns  the  land  in  fee 
on  the  opposite  sides  of  said  streets  and  also  the  fee  in  that 
part  of  said  streets  to  be  crossed  by  said  bridges,  for  the 
purpose  of  connecting  buildings  owned  and  occupied  by  said 
corporation  on  opposite  sides  of  said  streets.  Said  permit 
shall  be  granted  upon  the  condition  of  such  ownership  and 
such  further  conditions  and  subject  to  such  restrictions  as 
the  city  council  may  prescribe.  Any  permit  granted  here- 
under may  be  revoked  by  vote  of  said  city  council  with  the 
approval  of  the  city  manager. 

Section  2.  The  bridges  constructed  under  a  permit 
granted  as  aforesaid  shall  be  constructed  and  maintained 
at  a  height  not  less  than  seventeen  feet  above  the  grade  line 
of  said  streets,  and  shall  not  be  more  than  ten  feet  in  width. 
No  parts  of  said  bridges  or  their  supports  shall  rest  on  the 
surface  of  said  streets,  nor  shall  any  such  bridge  be  con- 
structed or  maintained  over  any  portion  of  said  streets  not 
owned  in  fee  by  said  corporation  without  the  written  con- 
sent of  the  owners  of  such  portions  in  each  instance  filed 
with  the  said  city  council.  Such  consent  of  the  city  of  Cam- 
bridge, if  and  when  necessary,  may  be  given  by  vote  of 
said  city  council  with  the  approval  of  the  city  manager. 

Section  3.     If  a  traveler  on  the  highway,  while  in  the  * 

exercise  of  due  care,  sustains  bodily  injury  or  damage  in  his 
property  by  reason  of  the  construction  or  maintenance  of 
either  of  said  bridges,  he  may  recover  damages  therefor  in 
an  action  of  tort  brought  in  the  superior  court  against  said 
Simplex  Wire  and  Cable  Company,  or  its  successors  or  as- 
signs, within  one  year  after  the  date  of  such  injury  or  dam- 
age; provided,  that  such  notice  of  the  time,  place  and  cause 
of  said  injury  or  damage  be  given  to  said  Simplex  Wire  and 
Cable  Company,  or  its  successors  or  assigns,  by,  or  on  behalf 
of,  the  person  sustaining  the  same  as  is,  under  the  provisions 
of  chapter  eighty-four  of  the  General  Laws,  vaUd  and  suf- 
ficient in  cases  of  injury  or  damage  sustained  by  reason  of  a 
defect  or  a  want  of  repair  in  or  upon  a  way,  if  such  defect 
or  want  of  repair  is  caused  by  or  consists  in  part  of  snow  or 


Acts,  1945.  —  Chap.  70. 

ice,  or  both.  The  remedy  herein  provided  shall  not  be  exclu- 
sive, but  shall  be  in  addition  to  any  other  remedy  provided 
by  law. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  5,  191^5. 


Chap.   70  An  Act  authorizing  the  simplex  wire  and  cable  com- 
pany TO  maintain  a  bridge  over  pacific  street  in 

THE    city    of    CAMBRIDGE. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  Upon  petition,  and  after  seven  days'  notice 
inserted  in  at  least  one  newspaper  published  in  the  city  of 
Cambridge  and  a  public  hearing  thereon,  the  city  council  of 
said  city,  by  a  two  thirds  vote,  with  the  approval  of  the  city 
manager,  may  grant  and  issue  a  permit  to  Simplex  Wire 
and  Cable  Company,  a  corporation  duly  established  and 
existing  under  the  laws  of  this  commonwealth,  its  successors 
and  assigns,  to  maintain  a  bridge  over  Pacific  street  in  said 
city,  at  a  point  where  said  corporation  owns  the  land  in 
fee  on  opposite  sides  of  said  street  and  also  the  fee  in  that 
part  of  said  street  crossed  by  said  bridge,  for  the  purpose 
of  connecting  buildings  owned  and  occupied  by  said  corpora- 
tion on  opposite  sides  of  said  street.  Said  permit  shall  be 
granted  upon  the  condition  of  such  ownership  and  such 
further  conditions  and  subject  to  such  restrictions  as  the 
city  council  may  prescribe.  Any  permit  granted  here- 
under may  be  revoked  by  vote  of  said  city  council  with 
the  approval  of  the  city  manager. 

Section  2.  The  bridge  maintained  under  a  permit 
granted  as  aforesaid  shall  be  maintained  in  such  manner 
that  the  bottom  chord  thereof  shall  be  not  less  than  seven- 
teen feet  above  the  grade  line  of  said  street;  and  said  struc- 
ture shall  not  be  more  than  three  and  one  half  feet  in  width, 
and  no  part  of  said  structure  or  its  support  shall  rest  on  the 
surface  of  the  street,  nor  shall  any  such  structure  be  main- 
tained over  any  portion  of  said  street  not  owned  in  fee  by 
said  Simplex  Wire  and  Cable  Company  without  written 
consent  of  the  owner  of  such  portions  in  each  instance  filed 
with  the  said  city  council.  Such  consent  of  the  city  of 
Cambridge,  if  and  when  necessary,  may  be  given  by  vote 
of  said  city  council  with  the  approval  of  the  city  manager. 
Section  3.  If  a  traveler  on  the  highway,  while  in  the 
exercise  of  due  care,  sustains  bodily  injury  or  damage  in 
his  property  by  reason  of  the  construction  or  maintenance 
of  said  bridge,  he  may  recover  damages  therefor  in  an  action 
of  tort  brought  in  the  superior  court  against  said  Simplex 
Wire  and  Cable  Company,  or  its  successors  or  assigns, 
within  one  year  after  the  date  of  such  injury  or  damage; 
provided,  that  such  notice  of  the  time,  place  and  cause  of 
said  injury  or  damage  be  given  to  said  Simplex  Wire  and 
Cable  Company,  or  its  successors  or  assigns,  by,  or  on  behalf 


Acts,  1945.  —  Chaps.  71,  72.  49 

of,  the  person  sustaining  the  same  as  is,  under  the  provisions 
of  chapter  eighty-four  of  the  General  Laws,  vaUd  and  suffi- 
cient in  cases  of  injury  or  damage  sustained  by  reason  of  a 
defect  or  a  want  of  repair  in  or  upon  a  way,  if  such  defect 
or  want  of  repair  is  caused  by  or  consists  in  part  of  snow 
or  ice,  or  both.  The  remedy  herein  provided  shall  not  be 
exclusive,  but  shall  be  in  addition  to  any  other  remedy 
provided  by  law. 
Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  5,  1945. 

An  Act  relative  to  certain  lines,  conduits,  cables  and  (JJid^     7J 

OTHER  EQUIPMENT  OF  THE  NEW  ENGLAND  TELEPHONE      ^' 
AND  TELEGRAPH  COMPANY  AND  THE  AMERICAN  TELEPHONE 
AND  TELEGRAPH  COMPANY  IN  THE  CITY  OF  NEW  BEDFORD. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  All  lines  for  the  transmission  of  intelligence 
by  electricity  heretofore  acquired  or  constructed  by  the  New 
England  Telephone  and  Telegraph  Compan}-  and  the  Ameri- 
can Telephone  and  Telegraph  Company  in  the  city  of  New 
Bedford,  upon,  along  or  under  the  public  ways  and  places 
of  said  cit}^,  and  the  conduits,  cables  and  other  fixtures  neces- 
sary to  sustain  or  protect  the  wires  of  said  lines  and  actually 
in  place  on  the  effective  date  of  this  act,  are  hereby  made 
lawful  notwithstanding  the  lack  of  any  valid  locations  there- 
for or  any  informality  in  the  proceedings  relative  to  their 
location  and  erection;  provided,  that  the  validation  afore- 
said shall  not  be  effective  as  to  the  lines,  conduits,  cables  or 
fixtures  aforesaid  of  said  companies  in  said  city  unless  said 
companies  shall,  not  later  than  December  thirty-first,  nine- 
teen hundred  and  forty-six,  file  with  the  clerk  of  said  city  a 
map  or  maps  showing  the  location  and  nature  of  said  lines, 
conduits,  cables,  and  fixtures  in  said  city,  such  map  or  maps 
so  filed  to  be  recorded  and  kept  with  the  records  of  original 
locations  for  poles  and  wires  in  said  city. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  6,  1945. 

An  Act  authorizing  the  county  of  Bristol  to  pay  cer-  Qfidrf     72 

TAIN  BILLS  of  THE  YEAR  NINETEEN  HUNDRED  AND  FORTY- 

four. 
Be  it  enacted,  etc.,  as  follows: 

The  county  of  Bristol  is  hereby  authorized  to  pay  to 
Louis  I.  Young  the  sum  of  eleven  hundred  and  sixty  dollars 
and  fifty  cents  and  to  Howard  Tweedy  the  sum  of  thirteen 
hundred  and  twenty-seven  dollars  and  fifty  cents,  for  work 
performed  and  materials  furnished  for  the  Bristol  County 
Agricultural  School,  said  amounts  to  be  paid  out  of  the  ap- 
propriation for  said  school  for  the  year  nineteen  hundred 
and  forty-four,  an  amount  sufficient  for  this  purpose  having 
been  reserved  by  the  treasurer  of  Bristol  county  out  of  said 
appropriation.  Approved  March  5,  1945. 


50  Acts,  1945.  —  Chap.  73. 


Chap.    73  An  Act  authorizing  cities  and  towns  to  borrow  on 

ACCOUNT  OF  public  WELFARE  AND  SOLDIERS'   BENEFITS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Subject  to  the  provisions  of  this  act,  any 
city  or  town,  by  a  two  thirds  vote  as  defined  in  section  one 
of  chapter  forty-four  of  the  General  Laws,  and  with  the 
approval  of  the  mayor  or  selectmen  and  of  the  emergency 
finance  board  established  under  section  one  of  chapter  forty- 
nine  of  the  acts  of  nineteen  hundred  and  thirty-three,  may 
borrow  in  each  of  the  years  nineteen  hundred  and  forty-five 
and  nineteen  hundred  and  forty-six  inside  its  limit  of  indebt- 
edness as  prescribed  by  section  ten  of  said  chapter  forty- 
four,  for  use  only  for  meeting  appropriations  made  or  to  Sg 
made  for  public  welfare,  including  in  such  term  old  age 
assistance  and  aid  to  dependent  children,  and  for  soldiers' 
benefits  to  an  amount  not  more  than  one  half  of  one  per 
cent  of  the  average  of  the  assessors'  valuation  of  its  taxable 
property  for  the  three  preceding  years,  such  valuation  to  be 
reduced  and  otherwise  determined  as  provided  in  said  sec- 
tion ten  of  said  chapter  forty-four,  and  may  issue  bonds  or 
notes  therefor,  which  shall  bear  on  their  face  the  words 
(name  of  city  or  town)  Municipal  Relief  Loan,  Act  of  Nine- 
teen Hundred  and  Forty-five.  Each  authorized  issue  shall 
constitute  a  separate  loan,  and  such  loans  shall  be  paid  in 
not  more  than  five  years  from  their  dates,  as  said  board 
shall  fix,  and,  except  as  herein  provided,  shall  be  subject  to 
said  chapter  forty-four,  exclusive  of  the  limitation  contained 
in  the  first  paragraph  of  section  seven  thereof. 

Loans  may  be  issued  hereunder  in  the  year  nineteen  hun- 
dred and  forty-five  or  nineteen  hundred  and  forty-six,  as  the 
case  may  be,  only  by  a  city  or  town  which  in  such  year  has 
appropriated  to  be  raised  by  taxation,  or  appropriated  from 
available  funds  for  the  purposes  enumerated  in  the  preced- 
ing paragraph,  an  amount  not  less  than  the  aggregate  of  its 
expenditures  made  in  the  year  preceding  the  year  of  issue 
for  old  age  assistance  and  aid  to  dependent  children  to  be 
met  otherwise  than  from  the  proceeds  of  federal  grants,  and 
of  its  expenditures  made  in  said  preceding  year  for  soldiers' 
benefits,  together  with  an  amount  equal  to  not  less  than 
seventy-five  per  cent  of  its  expenditures  made  in  said  pre- 
ceding year  for  all  public  welfare  purposes  other  than  old 
age  assistance,  aid  to  dependent  children  and  soldiefs'  bene- 
fits, all  as  determined  by  the  board. 

If  a  loan  under  authority  of  this  act  has  been  approved 
by  said  board  during  the  year  nineteen  hundred  and  forty- 
five  or  nineteen  hundred  and  fortj^-six  for  a  city  or  town, 
the  amount  of  any  appropriation  voted  by  such  city  or  town 
for  said  year  for  public  welfare,  including  in  such  term  old 
age  assistance,  aid  to  dependent  children  and  soldiers'  bene- 
fits, shall  not  be  reduced  during  said  year  by  appropriation, 
transfer  or  otherwise,  except  with  the  written  approval  of 


Acts,  1945.  —  Chap.  74.  51 

the  board.  Whenever  used  in  this  act  the  words  "Soldiers' 
Benefits"  shall  include  state  aid,  military  aid,  soldiers'  relief, 
soldiers'  burials  and  war  allowances. 

Section  2.  The  members  of  the  board  aforesaid,  when 
acting  under  this  act,  shall  receive  from  the  commonwealth 
compensation  to  the  same  extent  as  provided  for  services 
under  chapter  three  hundred  and  sixty-six  of  the  acts  of 
nineteen  hundred  and  thirty-three,  as  amended. 

Section  3.  A  loan  order  voted  in  ai\v  city  under  authority 
of  this  act  shall  be  deemed  to  be  an  emergency  order  and  as 
such  may  be  passed  in  such  manner  as  is  provided  for  emer- 
gency orders  or  ordinances  in  its  charter,  and  shall  be  in  full 
force  and  effect  immediately  upon  final  favorable  action 
thereon  b}-  its  city  covmcil  or  chief  executive,  as  the  case 
may  be,  or  upon  the  expiration  of  any  period  specified  by 
such  charter  for  the  approval  or  disapproval  of  such  orders 
by  its  chief  executive  in  any  case  where  he  fails  to  approve 
or  disapprove  such  an  order  within  such  period,  notwith- 
standing anj"  provision  of  general  or  special  law  or  ordinance 
to  the  contrary;  pro\nded,  that  in  the  city  of  Boston  such 
loan  orders  may  be  passed  in  the  manner  provided  in  its 
charter  for  loan  orders  for  temporary  loans  in  anticipation 
of  taxes. 

Section  4.  In  any  city  a  loan  order  under  authority  of 
this  act  may  be  passed  by  vote  of  two  thirds  of  all  the  mem- 
bers of  the  city  council,  or  of  each  branch  thereof  where  there 
are  two  branches,  exclusi\'e  of  those  members  who  are  in 
the  military  or  naval  forces  of  the  United  States  and  are  not 
present  at  the  meeting  at  which  any  such  vote  is  taken  at 
the  time  of  the  vote,  notwithstanding  any  provision  of  law 
to  the  contrary.  Approved  March  5,  1945. 


An  Act  enabling  counties,  cities,  towns  and  districts  (^J^dp     74 

TO  SECURE  the  BENEFITS  PROVIDED  BY  THE  FEDERAL  GOV- 
ERNMENT  to  ASSIST  THEM  IN  PUBLIC  WORKS  PROJECTS. 

I'e  it  enacted,  etc.,  as  follows: 

Section  1.  The  emergency  finance  board,  established 
under  section  one  of  chapter  forty-nine  of  the  acts  of  nine- 
teen hundred  and  thirty-three,  in  this  act  referred  to  as 
the  board,  shall,  in  addition  to  the  powers  and  duties  other- 
wis(i  conferred  or  imposed  upon  it,  exercise  and  perform  the 
powers  and  duties  hereinafter  conferred  or  imposed  upon  it, 
and  the  provisions  of  said  section  one  relative  to  action  by 
the  board,  shall  apply  in  the  case  of  action  under  this  act. 
I'lach  appointive  member  of  the  board,  when  acting  under 
this  act,  shall  receive  from  the  commonwealth  as  compensa- 
tion, in  addition  to  any  sums  otherwise  so  payable,  for  each 
day's  attendance  at  board  meetings,  the  sum  of  thirty  dollars ; 
provided,  that  the  total  amount  paid  hereunder  to  any 
member  for  compensation  as  aforesaid  shall  not  exceed  three 
thousand  dollars  in  any  period  of  twelve  months. 


52  Acts,  1945.  —  Chap.  74. 

The  director  of  the  division  of  accounts,  and  an  assistant 
in  said  division  designated  by  him,  and  the  state  treasurer 
shall,  for  each  day's  service  rendered  in  connection  with 
the  work  of  the  board  under  this  act  be  paid  thirty  dollars 
in  addition  to  his  regular  compensation;  provided,  that  the 
total  amount  paid  hereunder  to  said  director  or  to  said 
assistant  or  to  said  treasurer  for  compensation  as  aforesaid 
shall  not  exceed  two  thousand  dollars  in  any  period  of  twelve 
months.  , 

The  board  may  employ,  subject  to  the  approval  of  the 
governor  and  council,  such  experts  and  additional  clerical 
assistance  as  it  may  require. 

Section  2.  Any  county,  except  Suffolk  or  Nantucket, 
if  authorized  by  the  county  commissioners,  or  any  city  or 
town,  including  Boston  and  Worcester,  if  authorized  by  a 
two  thirds  vote  as  defined  in  section  one  of  chapter  forty- 
four  of  the  General  Laws,  with  the  approval  of  the  mayor 
in  cities  or  of  the  selectmen  in  towns,  and  any  district,  with 
the  approval  of  the  prudential  committee,  commissioners 
or  trustees,  as  the  case  may  be,  may  engage  in  any  useful 
public  works  project  in  cooperation  with  the  federal  govern- 
ment in  any  program  authorized  under  any  act  or  joint 
resolution  of  congress,  but  only  in  case  such  project  is  ap- 
proved, as  hereinafter  provided,  by  the  board  and  by  the 
governor,  and  in  case  the  proper  federal  authorities  have 
approved  a  grant  or  loan,  or  grant  and  loan,  therefor  of  federal 
money  under  any  act  or  joint  resolution  of  congress.  Such 
projects,  so  approved,  shall  be  carried  out  in  all  respects 
subject  to  the  provisions  of  said  act  or  joint  resolution  and 
to  such  terms,  conditions,  rules  and  regulations  not  incon- 
sistent with  applicable  federal  laws  and  regulations  as  the 
board  may  establish,  with  the  approval  of  the  governor,  to 
ensure  the  proper  execution  of  such  projects.^  Any  such 
county,  city,  town  or  district  may  accept  and  use  for  carry- 
ing out  any  project  so  approved  any  grant  or  loan,  or  any 
grant  and  loan,  of  federal  funds  under  said  act  or  joint 
resolution;  and,  for  the  purpose  only  of  carrying  out  such 
■project,  may  borrow  from  the  United  States  of  America  or 
other  sources,  or  both,  such  sums  as  may  be  fixed  by  the 
board  as  hereinafter  provided,  and  may  issue  bonds,  notes 
or  other  forms  of  written  acknowledgment  of  debt,  for  such 
terms  and  carrying  interest  at  rates  not  exceeding  such 
rates,  as  may  be  fixed  by  the  board  as  hereinafter  provided. 

Any  city,  town  or  district  may  borrow  hereunder,  for 
projects  for  which  borrowings  are  authorized  by  section 
seven  of  said  chapter  forty-four  of  the  General  Laws  and  for 
other  projects  for  which  borrowings  are  not  authorized  by 
section  eight  of  said  chapter,  amounts  incurred  under  au- 
thority of  this  act,  not  exceeding,  in  the  aggregate  out- 
standing at  any  one  time,  one  per  cent  of  the  average  of  the 
assessors'  valuation  of  its  taxable  property  for  the  three 
preceding  years,  reduced  and  otherwise  determined  as 
provided  in  section  ten  of  said  chapter,  without  affecting 


Acts,  1945.  —  Chap.  74. 

its  future  borrowing  capacity,  and  in  addition,  after  such 
limit  of  one  per  cent  is  reached,  may  so  borrow  therefor  so 
much  as  may  be  required  of  any  amount  within  its  debt  limit, 
as  determined  in  accordance  with  said  section  ten,  not  then 
borrowed  or  authorized  by  such  city,  to\ATi  or  district  to  be 
borrowed;  and  any  city,  towTi  or  district  may  borrow  here- 
under for  projects  of  any  class  for  which  borrowings  are 
authorized  by  section  eight  of  said  chapter,  water  projects 
being  treated  as  a  single  class  for  the  purposes  hereof, 
amounts  incurred  under  authority  of  this  act,  not  exceeding, 
in  the  aggregate  outstanding  at  anj'-  one  time,  one  per  cent 
of  the  last  preceding  assessed  valuation  of  such  city,  town 
or  district  A\ithout  affecting  its  future  borrowing  capacity, 
and  in  addition,  after  such  limit  of  one  per  cent  is  reached, 
may  so  borrow  therefor  so  much  as  may  be  required  of  any 
amount  authorized  by  said  section  eight  for  such  class  of 
projects  not  then  borrowed  or  authorized  by  such  city, 
towTi  or  district  to  be  borrowed,  and  no  borrowing  hereunder 
for  any  project  for  which  borrowings  are  authorized  by  said 
section  eight  shall  be  reckoned  in  determining  the  borrowing 
capacity  of  such  city,  town  or  district  under  said  section 
ten. 

In  case  a  loan  shall  represent  borrowings  both  within  and 
beyond  either  of  the  said  special  one  per  cent  limits,  and  such 
loan  shall  be  later  reduced,  through  the  retirement  of  bonds, 
notes  or  other  forms  of  written  acknowledgment  of  debt, 
or  otherwise,  such  reduction  shall  be  deemed  to  have  been 
made  wholly  in  respect  of  that  portion  of  the  loan  which 
represented  borrowing  beyond  the  said  special  one  per  cent 
limit  so  long  as  any  of  the  said  portion  remains  outstanding. 
In  fixing  the  periods  for  which  monej^  may  be  borrowed 
hereunder  for  projects  for  which  borrowings  are  not  au- 
thorized by  said  chapter  forty-four,  the  board  shall  be  guided 
by  the  above  limitations  as  applied  to  the  provisions  of  said 
chapter  applicable  to  like  projects. 

The  board  shall  fix  the  terrils  of  and  maximum  rates  of 
interest  on  the  bonds,  notes  or  other  forms  of  written 
acknowledgment  of  debt  issued  hereunder;  which  terms 
and  rates  of  interest,  in  case  of  obligations  to  be  issued  to 
the  United  States  of  America,  shall  be  fixed  in  accordance 
with  the  applicable  federal  laws  and  regulations  and  subject 
to  the  approval  of  the  proper  federal  authorities.  All  the 
provisions  of  said  chapter  forty-four,  exclusive  of  the  limita- 
tion contained  in  the  first  paragraph  of  section  seven  thereof, 
that  no  loan  shall  be  authorized  unless  a  sum  equal  to  twenty- 
five  cents  on  each  one  thousand  dollars  of  the  assessed 
valuation  of  the  city  or  town  has  been  appropriated  or  voted 
to  be  raised  by  taxation,  shall  apply  to  any  borrowing  here- 
under by  any  city,  town  or  district,  including  Boston  and 
Worcester,  except  as  hereinbefore  provided  and,  in  respect 
of  any  borrowing  from  the  United  States  of  America,  except 
in  so  far  as  such  provisions  of  law  may  be  in  confiict  with 
applicable  federal  laws  and  regulations. 


54  Acts,  1945.  —  Chap.  74. 

Each  county,  city,  town  or  district  seeking  the  approval 
of  any  projects  by  the  board  shall  submit  to  it  all  informa- 
tion required  with  respect  to  the  financial  condition  of  such 
county,  city,  town  or  district,  its  outstanding  indebtedness 
within  and  without  its  limit  of  indebtedness,  if  any,  the 
estimated  cost  of  the  project,  the  alleged  necessit}^  therefor, 
and  the  proposed  method  of  financing  the  same.  In  grant- 
ing or  withholding  its  approval,  the  board  shall  take  into 
consideration,  among  other  things,  the  necessity  of  the 
proposed  project,  the  ability  of  such  county,  city,  town  or 
district  to  finance  the  same,  the  extent  to  which  the  carrying 
out  of  the  project  will  tend  to  relieve^  imernployment  and 
the  extent  to  which  the  maintenance  of  the  project  when 
completed  will  tend  to  increase  or  decrease  the  annual 
expenditures  of  such  county,  city,  town  or  district  and  to 
increase  or  decrease  the  tax  burden  upon  its  inhabitants. 

Section  3.  If  a  county,  city,  town  or  district  shall  have 
an  agreement  with  the  federal  government  whereby  such 
government  grants  such  county,  city,  town  or  district  a 
sum  of  money  to  be  used  with  funds  provided  by  said  county, 
city,  town  or  district  for  a  public  works  project,  including 
defense  public  works  projects,  and  shall  be  required  primarily 
to  pay  that  portion  of  the  expense  for  which  reimburse- 
ment is  to  be  received  from  the  grant,  the  treasurer  of  such 
county,  city,  town  or  district,  with  the  approval  of  the 
county  commissioners,  mayor,  selectmen,  prudential  com- 
mittee, commissioners,  or  trustees,  as  the  case  may  be,  in 
anticipation  of  the  receipt  of  the  proceeds  of  such  grant, 
may  incur  debt,  which,  in  the  case  of  a  city,  town  or  district, 
shall  be  outside  the  debt  limit,  to  an  amount  not  exceeding 
the  amount  of  the  grant  as  shown  by  the  grant  agreement, 
and  may  issue  notes  therefor,  payable  in  not  exceeding  one 
year  from  their  dates.  Any  loan  issued  under  this  act  for  a 
shorter  period  than  one  year  may  be  refunded  by  the  issue 
of  other  notes  maturing  within  the  required  period;  pro- 
vided, that  the  period  from  the  date  of  issue  of  the  original 
loan  to  the  date  of  maturity  of  the  refunding  loan  shall  not 
be  more  than  one  year.  The  proceeds  of  the  grant,  so  far 
as  necessary,  shall  be  applied  to  the  discharge  of  the  loan. 
The  treasurer  of  any  county,  cit}^  town  or  district  which 
upon  the  effective  date  of  tliis  act  has  outstanding  any 
temporary  loan  issued  under  authority  of  chapter  eighty- 
two  of  the  acts  of  nineteen  hundred  and  thirty-eight  or 
section  two  of  chapter  six  hundred  and  thirty-nine  of  the 
acts  of  nineteen  hundred  and  forty-one,  or  which  thereafter 
issues  any  such  temporary  loan  under  authority  of  this  act 
may,  with  the  approval  of  the  board,  extend  such  temporar}' 
loan  for  a  period  or  periods  not  exceeding,  in  the  aggregate, 
one  year  beyond  the  term  provided  for  an  original  loan  by 
the  act  under  which  .such  loan  was  made. 

Section  4.  Any  officer  or  department  of  a  county,  city, 
town  or  district  charged  with  the  duty  of  carrying  out  an}' 
project  so  approved,  shall  have,  in  addition  to  any  powers 


Acts,  1945. -- Chap.  75.  55 

expressly  given  by  anj'-  statute,  such  powers  as  ma}'  be 
determined  and  certified  by  the  board  to  be  proper  and 
reasonably  necessary  to  carry  out  such  project,  including  the 
power  to  take  property-  by  eminent  domain  on  behalf  of 
such  county,  city,  town  or  district;  provided,  that  no  source 
of  water  supply  and  no  works  for  sewage  disposal  shall  be 
installed  without  first  having  the  approval  of  the  state 
department  of  public  health.  If  such  officer  or  department 
is  aggrieved  by  such  action,  he  or  it  may,  within  ten  days 
after  notice  thereof,  appeal  to  the  governor,  whose  decision 
shall  be  final.  The  board  is  hereby  authorized  to  make  all 
necessary  orders,  rules  and  regulations  and  perform  all 
necessary  actions  under  this  act;  and  none  of  such  orders, 
rules,  regulations  and  actions  shall  be  declared  inoperative, 
illegal  or  void  for  any  omission  of  a  technical  nature  in 
respect  thereto.  Nothing  in  this  act  shall  require  any  action 
in  contravention  of  applicable  federal  laws  and  rules  and 
regulations  nor   preclude   action   in   conformity  therewith. 

Section  5.  The  governor  is  hereby  authorized  to  take 
an}'  and  all  steps  necessary  from  time  to  time  to  enable 
counties,  cities,  towns  and  districts  of  this  commonwealth 
to  secure  grants  or  loans,  or  grants  and  loans,  of  federal 
funds  for  public  works,  and  the  board  is  hereby  directed 
to  cooperate  and  assist  him  in  every  possible  way. 

Section  6.  Loans  by  counties,  cities,  towns  and  districts 
may  be  authorized  under  the  provisions  of  this  act  until 
July  first,  nineteen  hundred  and  forty-seven. 

Section  7.  Part  I  of  chapter  three  hundred  and  sixty- 
six  of  the  acts  of  nineteen  hundred  and  thirty-three,  and 
acts  in  amendment  thereof  and  in  addition  thereto,  are  hereby 
repealed  provided,  that  this  repeal  shall  not  affect  any 
action  taken  thereunder  prior  to  the  effective  date  of  this 
act  nor  affect  the  vafidity  of  any  bond,  note  or  other  written 
form  of  acknowledgment  of  debt  lawfully  issued  thereunder 
and  outstanding  upon  such  effective  date;  but,  to  the  fullest 
extent  possible  conformably  to  its  terms,  this  act  shall  be 
construed  as  a  continuance  of  the  provisions  of  said  Part  I 
and  not  as  a  new  enactment.       Approved  March  5,  lOJi-h. 


An    Act    relating    to    the    Massachusetts    historical  C///x/7>.    75 

society. 

He  it  enacted,  etc.,  a.s  follows: 

Section  1.  Nothing  in  the  ;ict  of  incorporation  of  The 
Massachusetts  Historical  Society,  approved  February  nine- 
teenth, seventeen  hundred  and  ninety-four,  or  in  chapter 
forty-one  of  the  acts  of  eighteen  hundred  and  fifty-seven, 
shall  prevent  said  society  from  electing  resident  members, 
associate  members,  corresponding  members  and  honorary 
members  under  such  conditions,  upon  such  terms  and  in 
such  numbers  as  said  societ}-  may  from  time  to  time  pre- 
scribe by  its  by-laws. 


56  Acts,  1945.  —  Chaps.  76,  77. 

Section  2.  This  act  shall  take  full  effect  upon  its  accept- 
ance by  vote  of  said  society,  and  the  filing  with  the  state 
secretary  of  a  certified  copy  of  stud  vote,  but  not  otherwise. 

Approved  March  5,  19^5. 


Chap.  76  An  Act  kevivi.nc  the  immaculate  conceptiox  educa- 
tional ASSOCIATION,  OF  NEWBURYPORT,  FOR  CERTAIN 
PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

The  Immaculate  Conception  Educational  Association,  of 
Newburyport,  a  charitable  and  reh&ious  corporation,  dis- 
sohed  by  section  one  of  chapter  two  hundred  and  ninety- 
nine  of  the  acts  of  nineteen  himdred  and  thirty-one,  is  hereby 
revived,  as  of  November  twenty-fourth,  nineteen  hundred 
and  fort>'-three,  and  for  that  day  only,  with  the  same  powers, 
(hities  and  obligations  as  if  said  chapter  had  not  been  pas-sed; 
and  the  acts  and  proceedings  of  the  officers  and  directors  of 
said  corporation  acting  as  such  whereby  they  purported  to 
convey  certain  real  estate  in  Newburyport  by  deed  executed 
by  Joseph  L.  Dunn,  Clerk  of  said  association  to  the  Roman 
( 'atholic  Archbishop  of  Boston,  a  corporation  sole,  and  dated 
November  twenty-fourth,  nineteen  hundred  and  forty-three, 
are  hereby  validated,  ratified  and  confirmed. 

Approved  Ma^xh  5,  1946. 


Cluij).   77  An  Act  to  i.vcorporate  the   Massachusetts  conoreca- 

TIONAL    FUND. 

lie  it  enacted,  etc.,  as  follows: 

Section  1.  JuHan  D.  Anthony,  Burton  S.  Flagg,  Roy  A. 
Hovey,  Donald  P.  Perry  and  Wilbur  E.  Rowell,  their  asso- 
ciates and  successors,  who  shall  be  chosen  as  hereinafter 
described,  are  hereby  made  a  corporation  by  the  name  of 
Massachusetts  Congregational  Fund,  with  all  the  powers 
and  privileges  set  forth  in  all  general  laws  now  or  hereinafter 
in  force  relating  to  charitable  corporations,  so  far  as  the 
same  are  applicable. 

Section  2.  Said  corporation  may  establish  one  or  more 
common  trust  funds  for  the  purpose  of  furnishing  invest- 
ments to  itself,  to  the  Massachusetts  Congregational  Con- 
ference and  .Missionary-  Society,  hereinafter  referred  to  as 
the  Conference,  to  any  church  affiliated  with  the  Conference 
and  to  any  other  charitahle  organization,  inchiding,  without 
restricting  the  generaUty  of  the  foregoing,  any  religious 
or  educational  organization,  which  the  Conference,  acting 
either  directly  or  by  its  board  of  trustees,  may  approve  as 
suitable  t,o  enjoy  the  privilege  of  so  investing. 

Section  3.  interests  in  such  (H)imuon  trust  fund  or  funds 
shall  be  lawful  investments  for  any  part  or  all  of  any  of  the 
funds  which  said  corporation,  the  C'onference  or  any  such 


Acts,  1945.  —  Chap.  78.  57 

rhurch  or  approved  organization  holds  tor  jnvestiuent  either 
as  fiduciary  or  otherwise;  provided,  that  in  the  case  of  funds 
held  as  fiduciary  such  investment  will  not  be  inconsistent 
with  any  special  terms  or  conditions  respecting  the  invest- 
ment of  such  funds  which  may  attach  thereto  in  particular 
cases. 

Section'  4.  Said  corporation  shall  have  power  to  acquire, 
receive,  hold  in  trust  or  otherwise,  and  manage  all  property 
in  any  amount  necessary-  or  proper  for  any  of  the  objects 
of  said  corporation,  and  to  sell,  convey,  mortgage,  or  other- 
wise dispose  of  any  property  held  by  it;  provided,  that  none 
of  its  income  or  profits  shall  ever  be  divided  among  its  mem- 
bers or  used  or  appropriated  for  other  than  charitable  pur- 
poses, including,  without  restricting  the  generality  of  the 
foregoing,  religious  and  educational  purposes. 

Section  5.  The  persons  named  in  the  first  section  of  this 
act  shall  be  and  hereby  are  constituted  the  first  members  of 
said  corporation,  and  they  shall  hold  office  until  the  first 
day  of  July,  nineteen  hundred  and  forty-five,  and  until  their 
successors  shall  be  chosen  as  hereinafter  provided. 

Section  6.  The  terms  of  the  members  of  said  corpora- 
tion first  chosen  to  succeed  the  persons  named  in  the  first 
section  of  this  act  shall  begin  on  the  first  day  of  July,  nine- 
teen hundred  and  forty-five.  The  by-laws  of  said  corpora- 
tion shall  specify  the  number  of  members  and  the  terms  for 
which  they  are  respectively  to  be  chosen.  The  members  of 
said  corporation,  other  than  those  named  in  the  first  section 
of  this  act,  shall  be  elected  by  the  board  of  trustees  of  the 
Conference  and  said  board  shall  also  fill  .all  vacancies  oc- 
curring in  the  membership  of  said  corporation;  provided, 
that  every  person  elected  to  membership  in  said  corporation 
shall  ha\'e  been  previoush'  nominated  by  the  then  members 
thereof.  No  by-laws  made  by  said  corporation  shall  take 
effect  until  approved  by  the  board  of  trustees  of  the  Con- 
ference. Except  as  aforesaid,  said  corporation  shall  have 
all  power  to  make  by-laws  now  or  hereafter  enjoyed  by 
charitable  corporations  under  anj'  and  all  general  laws. 

Approved  March  5,  1946. 


An  Act  relative  to  the  recording  of  deeds  of  cities  C7/ar>.    78 

AND    towns    conveying    LAND    ACQUIRED    THROUGH    FORE- 
CLOSURE   OF   TAX    TITLES. 

He  it  enacted,  etc.,  as  follows: 

Chapter  sixty  of  the  General  Laws  is  hereby  amended  by  q.  l.  (Ter 
inserting  after  section  seventy-seven,  as  amended,  the  fol-  new'§^77A, 
lowing  section:  —  Section  77 A.     In  case  of  the  sale  of  land  inserted. 
acquired  by  a  city  or  town  through  foreclosure  under  any  orTon'n  after 
provision  of  this  chapter,  the  purchaser  shall  be  required  as  [°p^,rlw';;f 
a  condition  of  the  sale  to  authorize  the  official  or  officials 
executing  the  deed  on  behalf  of  the  city  or  town  to  record 
the  same,  and  the  expense  of  such  recording  shall  be  paid 


58  Acts,  1945.  —  Chaps.  79,  80. 

by  such  purchaser.  Such  official  or  officials  shall  cause  such 
deed  to  be  recorded  in  the  proper  registry  of  deeds  within 
fifteen  days  after  the  execution  thereof. 

Approved  March  5,  19j^5. 


Chap.    79  An  Act  authorizing  the  town  of  wareham  to  refund  a 

CERTAIN  SUM  OF  MONEY  TO  THE  DUDLEY  L.  BROWN  POST 
NO.  2846,  VETERANS  OP  FOREIGN  WARS,  AND  THE  ONSET 
woman's    CLUB. 

lie  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Wareham  is  hereby  authorized 
to  pay  to  the  Dudley  L.  Brown  Post  No.  2846,  Veterans 
of  Foreign  Wars,  and  the  Onset  Woman's  Club  the  sum  of 
four  hundred  and  fifty  dollars,  as  a  refund  of  a  portion  of 
the  beano  license  fee  issued  to  them  in  nineteen  hundred 
and  forty-three,  which  license  was  cancelled  by  reason  of 
the  passage  of  chapter  two  hundred  and  sixty-seven  of  the 
acts  of  nineteen  hundred  and  forty-three. 

Section  2.  This  act  shall  take  full  effect  upon  its  accept- 
ance by  vote  of  the  inhabitants  of  the  town  of  Wareham 
at  an  annual  town  meeting.  Approved  March  5,  1945. 


Cfiap.    80  An  Act  respecting  the  corporate  powers  of  the  old 

SOUTH    church    IN    BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  Old  South  Church  in  Boston,  incorpo- 
rated as  of  November  fourth,  nineteen  hundred  and  forty, 
under  sections  forty-seven  to  fifty-four,  inclusive,  of  chapter 
sixty-seven  of  the  General  Laws,  ma}^  accept  from  the  Old 
South  Society  in  Boston,  which  was  incorporated  by  chapter 
two  hundred  and  twenty-nine  of  the  acts  of  eighteen  hun- 
dred and  forty-five  under  the  name  of  "Old  South  Church 
in  Boston",  a  transfer  of  any  property  now  or  hereafter  held 
by  said  society  in  trust  or  otherwise,  and  may  hold  such 
property  for  the  same  purposes  and  subject  to  the  same 
uses  and  trusts  as  when  held  by  said  society. 

Section  2.  Said  church  may  hold  real  and  personal 
property,  including  beneficial  interests  in  real  and  personal 
property  held  by  others,  to  a  total  amount  not  exceeding 
five  million  dollars. 

Section  3.  This  act  shall  not  affect  any  existing  require- 
ment of  law  that  any  particular  property  held  in  trust  by 
said  society  may  be  transferred  to  said  church  only  as 
authorized  by  a  decree  of  a  coin-t  of  competent  jurisdiction. 

Section  4.  This  act  shall  take  full  effect  on  its  accept- 
ance by  vote  of  said  chuich  at  its  annual  meeting  or  any 
other  meeting  called  for  the  purpose  and  held  before  Janu- 
ary first,  nineteen  hundred  and  forty-six,  and  the  fifing  with 
the  state  secretary  of  a  certified  copy  of  said  vote,  but  not 
otherwise.  Approved  March  6,  19^5. 


Acts,  1945.  —  Chaps.  8J,  82.  59 


An    Act    AirHORiziNG    the    establishmk.nt    ok    trtstee  f '/^^^p     ^| 

ACCOT^NTS    IN    CREDIT    UNIONS. 

He  it  enacted,  etc.,  as  follows: 

Section  ten  of  chapter  one  hundred  and  seventy-one  of  g^i-  '^J^''-  ^^^ 
tlie  General  Laws,  as  appearing  in  the  Tercentenary  Edition,  amoncica.' 
is  hereby  amended  b}'  inserting  after  the  word  "deposits" 
in  the  twentieth  Hne  the  following  two  sentences :  —  Sub-  Tmsue 
ject  to  the  foregoing  limitations  in  respect  to  shares  and  rn*c'redk 
deposits  which  one  person  may  own  and  requirements  rela-  unions. 
tive  to  notice,  shares  may  be  subscribed  for  and  deposits 
may  be  accepted  in  the  name  of  one  person  in  trust  for 
another,  provided  the  name  and  residence  of  the  beneficiary 
is  disclosed,  and  such  shares  and  deposits  shall  be  carried 
in  the  name  of  the  shareholder  or  depositor  as  trustee. 
Payments  on  account  of  said  shares  and  deposits  may  be 
made  to  the  trustee.     In  case  of  the  death  of  the  trustee, 
if  no  notice  of  the  existence  and  terms  of  a  trust  other  than 
as  above  has  been  given  in  writing  to  the  corporation,  thp 
then  balance  of  said  shares  and  deposits,  with  the  dividends 
thereon,  may  be  paid  to  the  beneficiary  or  his  legal  representa- 
tive, and  all  paj-ments  so  made  shall  be  valid  payments. 

Approved  March  5,  194-5. 


An  Act  relative  to  real  estate  mort(;a(;e  loans  by  CJuip.    82 

CREDIT   UNIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  twent3-four  of  chapter  one  hundred  and  seventy-  fj  '  ■  'J^^- 
one  of  the  General   Laws,  as  most  recently  amended   by  §'24.'ef'o.,' 
chapter  one  hundred  and  two  of  the  acts  of  nineteen  him-  '^"'enried. 
dred  and  forty-one,  is  hereb}-  further  amended  by  striking 
out    subdi\dsion    (B),    as    appearing    in    the    Tercentenary 
I'Mition,    and    inserting    in    place    thereof    the    following 
subdivision :  — 

(B)     Loans  Secured  by  Mortgages  of  Real  Estate. 

A  credit  imion  having  assets  of  not  more  than  seventy--  i^eai  estate 
five  thousand  dollars  may  invest  not  more  than  fiftv  per  "oans^''^*' 
cent  of  the  aggregate  of  its  shares,  deposits  and  guaranty 
fund,  and  a  credit  union  having  assets  of  more  than  seventy- 
five  thousand  dollars  may  in\'est  not  more  than  seventy 
per  cent  of  said  aggregate,  in  real  estate  mortgages,  but  the 
total  liability  of  one  member  to  it  upon  loans  so  secured 
shall  not  exceed  five  per  cent  of  the  assets  of  the  credit 
union,  nor  shall  it  exceed  eight  thousan(i  dollars.  Such 
investments  shall  be  made  only  as  follows: 

L  First  mortgage  loans  upon  improved  real  estate  may 
be  made  in  amounts  not  in  excess  of  sixty  per  cent  of  the 
value  of  the  property  mortgaged,  as  determined  b>'  the 
credit  committee.     Every  such  loan  shall  be  evidenced  b}' 


60  Acts,  1945.  —  Chaps.  83,  84. 

a  note  payable  upon  demand  or  not  more  than  three  years 
from  the  date  thereof. 

2.  First  mortgage  loans  upon  luiimproved  and  unproduc- 
iive  real  estate  may  be  made  in  amounts  not  in  excess  of 
fifty  per  cent  of  the  value  of  the  i)roperty  mortgaged,  as 
determined  bj^  the  credit  committee.  Every  such  loan 
shall  be  evidenced  by  a  note  payable  upon  demand  or  not 
more  than  three  years  after  the  date  thereof. 

3.  First  mortgage  loans  upon  improved  real  estate  may 
be  made  in  amoimts  not  in  excess  of  eighty  per  cent,  and 
second  mortgage  loans  may  be  made  upon  such  real  estate 
in  amounts  which,  together  with  the  amount  of  the  first 
mortgage  on  the  same  property,  will  not  aggregate  more 
than  eighty  per  cent,  of  the  value  of  the  property  mortgaged, 
as  determined  by  the  credit  committee;  provided,  tliat 
every  such  first  mortgage,  or  every  such  second  mortgage 
and  the  hrst  mortgage  upon  the  same  property,  requires  or 
require  amortization  of  the  indebtedness  secured  thereby 
by  weekly,  monthly  or  quarterly  payments,  such  principal 
payments  being  at  the  rate  of  at  least  six  per  cent  per  annum 
and  continuing  at  least  until  the  balance  or  balances  due 
thereon  do  not  exceed  sixty  per  cent  of  the  then  value  of  the 
propertj^  mortgaged.  Approved  March  6,  1945. 


Chap.   83  An  Act  defining  the  term  "loaded  shotgun  or  rifle" 

AS  USED  in    laws    RELATIVE   TO    INLAND    FISHERIES,  BIRDS 
AND    MAMMALS. 

Be  it  enacted,  etc.,  as  follows: 

E(io,'  iliT"  Section  one  of  chapter  one  hundred  and  thirty-one  of  the 

hl'Ju^A  General  Laws,  as  amended,  is  hereby  further  amended  by 

inserting  after  the  paragraph  defining  "Inland  waters",  as 
appearing  in  section  two  of  chapter  five  hundred  and  ninety- 
nine  of  the  acts  of  nineteen  hundred  and  forty-one,  the  fol- 
lowing paragraph:  — 

"Loaded  shotgun  or  rifle",  any  shotgun  or  rifle  having 
shells  or  cartridges  in  either  the  magazine  or  chamber  thereof. 

Approved  March  5,  1945. 


Minp 


( 'lidj).    84  An   Act   relative   to    the    installation    and    use    of 

VOTINC;    MACHINES    FOR    PRIMARIES  AND   ELECTIONS  IN  THE 
CITY    OF    BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Ed.KMr"  Section  thirty-four  of  chapter  fifty-four  of  the  General 

§34,' etc.,  Laws,  as  most  recently  amended  by  section  two  of  chapter 
two  hundred  and  eighty-one  of  the  acts  of  nineteen  hundred 
and  thirty-eight,  is  hereby  furthei-  amended  by  striking  out, 
in  the  second  line,  as  appearing  in  section  one  of  chapter 
two  hundred  and  five  of  the  acts  of  nineteen  hundred  and 
thirty-six,  the  word  ''except"  and  inserting- in  place  thereof 


atnended. 


Acts,  1945.  —  Chap.  S5.  61 

the  word :  —  including,  —  so  as  to  read  as  follows :  - —  Sec-  \-otmg 
fion  34-  Thp  aldermen  of  a  city,  including  Boston,  or  a  ^^''^f"-''*'' 
town,  may,  at  a  meeting  held  at  least  ninety  days  before 
the  primary  or  election  at  which  voting  machines  are  to  be 
used,  determine  upon  and  purchase,  or  lease,  one  or  more 
voting  machines  approved  as  provided  in  section  thirty-two, 
and  order  the  use  thereof  at  primaries  and  elections  of  state, 
city  or  town  officers  in  such  city  or  town;  and  thereafter 
at  all  primaries  and  elections  of  state,  city  or  town  officers 
in  that  city  or  town,  until  otherwise  orderi!d  by  the  alder- 
men in  a  city,  and  the  selectmen  in  a  town,  said  machines 
shall  be  used  at  primaries  and  for  voting  for  the  officers  to 
1)0  elected  at  such  elections  and  for  taking  the  vote  upon 
(questions  submitted  to  the  voters.  Notice  of  such  deter- 
mination to  use  voting  machines  or  to  discontinue  the  use 
thereof  shall  be  sent  to  the  state  secretary  by  the  cit}'  or 
town  clerk  within  five  days  after  such  action. 

Approved  March  5,  194-j- 


An  Act  authorizing  the  countv  commissioners  of  the  /t;  o;- 

county  of  norfolk  to  provide  adequate  accommoda-     '^^'p-    '  '^ 
tions  and  facilities  for  the  norfolk  countv  agri- 
cultural school  at  w'alpole. 

lie  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  providing  adequate  ac- 
commodations and  facilities  for  the  Norfolk  county  agri- 
cultural school  at  Walpole  the  trustees  of  said  school  and 
the  county  commissioners  of  Norfolk  county,  subject  to  the 
approval  of  the  commissioner  of  education,  may  construct 
and  originally  furnish  and  equip  a  new  dormitory,  and  an 
addition  to  the  existing  agricultural  school  building. 

Section  2.  For  the  purpose  aforesaid  the  treasurer  of 
said  county,  with  the  approval  of  the  county  commissioners, 
may  borrow  upon  the  credit  of  the  county  such  sums  as  may 
be  necessary,  not  exceeding,  in  the  aggregate,  three  hundred 
and  nineteen  thousand  dollars,  and  may  issue  bonds  or  notes 
of  the  county  therefor  which  shall  bear  on  their  face  the 
words,  Norfolk  County  Agricultural  School  Loan,  Act  of 
1945.  Each  authorized  issue  shall  constitute  a  separate  loan 
and  such  loans  shall  be  payable  not  more  than  ten  years 
from  their  dates.  The  bonds  or  notes  shall  be  signed  by 
the  county  treasurer  and  countersigned  by  a  majority  of 
the  county  commissioners.  The  county  may  sell  the  said 
securities  at  public  or  private  sale,  upon  such  terms  and 
conditions  as  the  county  commissioners  may  deem  proper, 
l.>ut  not  for  less  than  their  par  value.  Indebtedness  incurred 
hereunder  shall,  except  as  herein  provided,  be  subject  to 
chapter  thirty-five  of  the  General  Laws.  The  county  treas- 
urer, with  the  approval  of  the  county  commissioners,  may 
issue  temporary  notes  of  the  county,  payable  in  not  moie 
than  one  year  from  their  date,  in  anticipation  of  the  issue 


62  Acts,  1945.  —  Chap.  86. 

of  serial  bonds  or  notes  iindor  this  act,  but  the  time  within 
which  such  serial  bonds  or  notes  shall  become  due  and  pay- 
able shall  not,  by  reason  of  such  temporary  notes,  be  ex- 
tended beyond  the  time  fixed  by  this  act.  Any  notes  issued 
in  anticipation  of  the  serial  bonds  or  notes  shall  be  paid 
from  the  proceeds  thereof. 

Section  3.  Any  sums  received  from  the  federal  govern- 
ment for  the  purposes  of  this  act,  and  from  the  sale  of 
.s(^curities  held  in  the  post-war  rehabilitation  fund  estab- 
lished by  chapter  five  of  the  acts  of  nineteen  hundred  and 
forty-three,  may  be  applied  towards  payments  either  of  the 
expenditures  authorized  by  section  one  of  this  act  or  of  the 
principal  of  the  bonds  or  notes  hereby  authorized. 

Section  4.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance within  two  years  by  the  county  commissioners  of 
the  county  of  Norfolk,  but  not  otherwise. 

Approved  March  5,  1946. 


Chap.   86  An  Act  authorizino  the  county  commissioners  ok  the 

COUNTY  OF  NORFOLK  TO  PROVIDE  ADRQUATE  ACCOMMODA- 
TIONS AND  FACILITIES  FOR  THE  PROBATE  COURT  A\l) 
REGISTRY    OF    DEEDS    AT    DEDHAM. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  jiroviding  adequate 
accommodations  and  facilities  for  the  probate  court  and 
registry  of  deeds  at  Dedham  the  county  conmiissioners  of 
Norfolk  county  may  construct  and  originally  furnish  and 
equip  additions  to  the  existing  registry  of  deeds  building 
in  said  town. 

Section  2.  For  the  purpose  aforesaid  the  treasurer  of 
said  county,  with  the  approval  of  the  county  commissioners, 
may  borrow  upon  the  credit  of  the  county  such  sums  as 
may  be  necessary,  not  exceeding,  in  the  aggregate,  one 
hundred  and  ninety  thousand  dollars,  and  may  issue  bonds 
or  notes  of  the  county  therefor  which  shall  bear  on  their 
face  the  words,  Norfolk  County  Probate  Court  and  Registry 
of  Deeds  Loan,  Act  of  1945.  Each  authorized  issue  shall 
constitute  a  .separate  loan,  and  such  loans  shall  be  payable 
not  more  than  ten  years  from  their  dates.  The  bonds  or 
notes  shall  be  signed  b}'  the  county  treasurer  and  counter- 
signed by  a  majority  of  the  county  commissioners.  The 
county  may  sell  the  said  securities  at  public  or  private  sale, 
upon  such  terms  and  conditions  as  the  county  commissioners 
may  deem  proper,  but  not  for  less  than  their  par  value. 
Indebtedness  incurred  hereunder  shall,  except  as  herein 
provided,  be  subject  to  chapter  thirty-five  of  the  General 
Laws.  The  county  treasurer,  with  the  approval  of  the 
coimty  cojnmissioners,  may  issue  temporary  notes  of  the 
county,  payable  in  not  more  than  one  year  from  their  date, 
in  anticipation  of  the  issue  of  serial  bonds  or  notes  under 
this  act,  but  tlie  time  within  which  such  .serial  bonds  or 


Acts,  1945.  —  Chaps.  87,  8S.  68 

notes  shall  become  due  and  pa3'able  shall  not,  by  reason  of 
such  temporary  notes,  be  extended  beyond  the  time  fixed 
by  this  act.  Any  notes  issued  in  anticipation  of  the  serial 
bonds  or  notes  shall  be  paid  from  the  proceeds  thereof. 

Section  3.  Any  sums  received  from  the  federal  govern- 
ment for  the  purposes  of  this  act,  and  from  the  sale  of  securi- 
ties held  in  the  post-war  rehabilitation  fund  established 
by  chapter  five  of  the  acts  of  nineteen  hundred  and  forty- 
three,  may  be  applied  towards  payments  either  of  the  ex- 
penditures authorized  by  section  one  of  this  act  or  of  the 
principal  of  the  bonds  or  notes  hereby  authorized. 

Section  4.  This  act  shall  take  full  effect  upon  its  accept- 
ance within  two  years  b}^  the  county  commissioners  of 
Norfolk  county,  but  not  otherwise. 

Approved  March  5,  1945. 


Chap.  87 


An  Act  ref.ative  to  employment  of  women  in  certain 
establishments  shortly  before  confinement. 

He  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  forty-nine  of  the  General  Laws  g.  l.  (Ter. 
is  hereby  amended  by  striking  out  section  fifty-five,  as  ap-  f^,^;,,]^^-  ^  ^•''• 
pearing  in  the  Tercentenary  Edition,  and- inserting  in  place 
thereof  the  following  section :  —  Section  55.    No  female  per-  Employment 
son  shall  knowingly  be  employed  in  laboring  in  a  mercan-  ghoTtTy  before 
tile,  manufacturing  or  mechanical  establishment  within  four  and  after 
weeks  before  or  four  weeks  after  childbirth.    The  foregoing  forwafie'f."* 
provision  shall  be  included  in  the  notice  with  regard  to  the 
employment  of  women  required  to  be  posted  in  such  estab- 
lishments. Approved- M arch  6,  1945. 


An  Act  relative  to  the  limitation  upon  the  liabilities  phf,,..     qq 

OF    A    PERSON    TO    A    TRUST    COMPANY    WHEN    SECURED    BY  I  •     ^ 

obligations    of    the    UNITED    STATES. 

Be  it  enacted,  etc.,  as  follows: 

Section  forty  of  chapter  one  hundred  and  seventy-two  of  ^j^{I,^'"- 
the  General  Laws,  as  amended  by  section  two  of  chapter  four  §  40,' etc",' 
hundred  and  eighty-four  of  the  acts  of  nineteen  hundred  and  '^"'«"''''d- 
forty-one,  is  hereby  further  amended  by  inserting  after  the 
word  "but"  in  the  twelfth  line  the  words:  —  any  such  limi- 
tation shall  be  increased  to  one  fourth  part  of  the  total  of 
the  surplus  account  and  the  paid  up  capital  stock  of  the 
corporation  in  the  case  of  any  borrower  whose  liabilities  in 
excess  of  such  limitation  are  secured  by  at  least  an  equal 
par  value  of  obligations  of  the  United  States,  —  and  by 
striking  out,  in  the  same  line,  the  word  "the"  and  insert- 
ing in  place  thereof  the  word:  —  The,  —  so  as  to  read  as 
follows :  —  Section  40.     The  total  liabilities  of  a  person,  in-  Liability  of 
eluding  in  the  liabilities  of  a  firm  the  liabilities  of  its  several  s^.^to^trSst' 
members,  for  money  borrowed  from  and  drafts  drawn  on  company 

'  "^  limited. 


64  Acts,  1945.  —  Chap.  89. 

any  such  corporation  having  a  capital  stock  of  five  hundred 
thousand  dollars  or  more  shall  at  no  time  exceed  one  fifth 
part  of  the  total  of  the  surplus  account  and  the  paid  up 
capital  stock  of  such  corporation,  and  such  total  liabiUties 
to  any  such  corporation  having  a  capital  stock  of  less  than 
five  hundred  thousand  dollars  shall  at  no  time  exceed  one 
fifth  part  of  the  paid  up  capital  stock  of  the  corporation,  or 
one  tenth  part  of  the  total  of  the  surplus  account  and  the 
paid  up  capital  stock  of  the  corporation;  but  any  such  limi- 
tation shall  be  increased  to  one  fourth  part  of  the  total  of 
the  surplus  account  and  the  paid  up  capital  stock  of  the 
corporation  in  the  case  of  any  borrower  whose  liabilities  in 
excess  of  such  limitation  are  secured  by  at  least  an  equal 
par  value  of  obligations  of  the  United  States.  The  discount 
of  bills  of  exchange  drawn  in  good  faith  against  actually 
existing  values,  and  the  discount  of  commercial  paper  or 
business  paper  actually  owned  by  the  person  negotiating  it, 
shall  not  be  considered  as  money  borrowed.  The  total  lia- 
bilities to  any  one  such  corporation  of  any  foreign  govern- 
ment or  political  subdivision  thereof  shall  not  exceed  one 
tenth  part,  and  the  total  liabilities  of  all  foreign  govern- 
ments and  political  subdivisions  thereof  to  any  one  such 
corporation  shall  not  exceed  one  fifth  part,  of  the  total  of 
its  surplus  account  and  paid  up  capital  stock.  The  total 
liabilities  to  any  one  such  corporation  of  any  state  of  the 
United  States  other  than  this  commonwealth,  or  of  any 
political  subdivision  of  any  such  state,  shall  not  exceed  one 
tenth  part  of  the  total  of  the  surplus  account  and  paid  up 
capital  stock  of  the  corporation.  The  limitations  contained 
in  this  section  shall  not  apply  to  investments  in  obligations 
which  are  unconditionally  guaranteed  as  to  the  payment  of 
principal  and  interest  by  the  United  States. 

Approved  March  6,  1945 


Chap.   89  An  Act  authorizing  the  city  of  salem  to  appropriate 

MONEY   FOR   THE   PAYMENT   OF,   AND   TO   PAY,    CERTAIN   UN- 
PAID BILLS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Salem  is  hereby  authorized  to 
appropriate  money  for  the  payment  of,  and  to  pay,  such  of 
the  unpaid  bills  incurred  prior  to  the  year  nineteen  hundred 
and  forty-four,  the  total  of  such  bills  being  one  thousand 
five  hundred  and  thirty-two  dollars  and  five  cents  as  shown 
by  a  list  filed  in  the  office  of  the  director  of  accounts  in  the 
department  of  corporations  and  taxation,  as  are  legally  unen- 
forceable against  said  city  by  reason  of  its  failure  to  comply 
with  the  provisions  of  its  charter,  or  by  reason  of  the  fact 
that  no  appropriation  was  available  at  the  time  of  incurring 
such  bills,  or  for  any  other  reason. 

Section  2.  No  bill  shall  be  paid  under  authority  of  this 
act  unless  and  until  a  certificate  has  been  signed  and  filed 


Acts,  1945.  —  Chaps.  90,  91.  65 

with  the  auditor  of  said  city,  stating  under  the  penalties  of 
perjury  that  the  goods,  materials  or  services  for  which  such 
bill  has  been  submitted  were  ordered  by  an  official  or  em- 
ployee of  said  city  and  that  such  goods  and  materials  were 
delivered  and  actually  received  by  said  city  or  that  such 
services  were  rendered  to  said  city,  or  both. 

Section  3.  Any  person  who  knowingly  files  a  certificate 
required  by  section  two  which  is  false  and  who  thereby 
receives  payment  for  goods,  materials  or  services  which  were 
not  received  by  or  rendered  to  said  city  shall  be  punished 
by  imprisonment  for  not  more  than  one  year  or  by  a  fine  of 
not  more  than  three  hundred  dollars,  or  both. 

Section  4.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  9,  1945. 


An  Act   authorizing    the   expenditure   of   money  by  (jJiQ/p    qq 

THE  COUNTY  OF  DUKES  COUNTY  AND  THE  TOWNS  THEREOF 
FOR  THE  DESTRUCTION  OF  RODENTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  In  order  to  protect  food  supplies,  agricultural 
produce,  growing  crops,  live  stock,  manufactured  goods  and 
buildings  and  safeguard  the  public  health  in  the  county  of 
Dukes  county,  the  county  commissioners  of  said  county 
may,  subject  to  appropriation,  expend  annually  sums,  not 
exceeding  thirty-five  hundred  dollars,  for  the  purpose  of  tak- 
ing necessary  measures  to  destroy  or  to"  control,  rats,  mice 
and  woodchucks,  and  such  other  rodents,  not  protected  by 
law,  as  they  may  from  time  to  time  determine  should  be 
destroyed  or  controlled  for  any  such  purpose.  In  perform- 
ing such  duties  said  county  commissioners  may,  by  them- 
selves or  by  their  authorized  agents,  with  the  consent  of  the 
owner  or  tenant,  enter  upon  private  premises  for  any  of  such 
purposes  at  any  reasonable  time.  The  several  towns  in  the 
county  of  Dukes  county  may  appropriate  money  for  the 
above  named  purposes  to  be  expended  in  co-operation  with 
the  county  commissioners  or  under  the  direction  of  the  board 
of  health  or  the  selectmen.  Section  eighty-seven  of  chapter 
one  hundred  and  thirty-one  of  the  General  Laws  shall  not 
apply  to  the  destruction  of  rodents  under  this  section. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  9,  1945. 


An  Act  to  authorize  the  placing  of  offices,  positions  (Jfiav    Ql 

AND  employments  IN  THE  HIGHWAY  DEPARTMENT  OF  THE 
TOWN  OF  MONTAGUE  UNDER  THE  CIVIL  SERVICE  LAWS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  offices,  positions  and  employments  in 
the  highway  department  of  the  town  of  Montague  shall, 
upon  the  effective  date  of  this  act,  become  subject  to  the 


66  Acts,  1945.  —  Chap.  92. 

civil  service  laws,  and  the  rules  and  regulations  made  there- 
under. The  permanent  incumbent  on  said  effective  date 
of  every  such  office  and  position  classified  in  the  official 
service  shall  be  subjected  to  a  non-competitive  qualifying; 
examination  for  such  office  or  position  by  the  division  of 
civil  service  of  the  department  of  civil  service  and  registra- 
tion. If  such  an  incumbent  passes  said  examination,  he 
shall  be  certified  for  said  office  or  position  and  shall  be  deemed 
to  be  permanently  appointed  thereto  without  serving  any 
probationary  period,  and  his  tenure  of  office,  as  well  as  the 
tenure  of  office  of  any  subsequent  incumbent  of  said  office  or 
position,  shall  be  unlimited,  subject,  however,  to  the  pro- 
visions of  said  civil  service  laws.  If  such  an  incumbent  does 
not  pass  such  non-competitive  qualifjdng  examination,  he 
may  continue  to  serve  in  said  office  or  position,  but  shall  not 
be  subject  to  the  provisions  of  said  civil  service  laws.  The 
tenure  of  office  of  permanent  employees  in  the  labor  service 
of  said  department  of  said  town  shall  be  imlimited,  subject, 
however,  to  said  laws;  but  the  permanent  employees  in  such 
labor  service  on  said  effective  date  may  continue  to  serve  as 
such. 

Section  2.  This  act  shall  be  submitted  to  the  voters  of 
said  town  at  the  annual  town  meeting  in  the  year  nineteen 
hundred  and  forty-six  in  the  form  of  the  following  question, 
which  shall  be  placed  upon  the  official  ballot  to  be  used  for 
the  election  of  town  officers  at  said  meeting:  —  "Shall  an 
act  passed  by  the  "general  court  in  the  year  nineteen  hun- 
dred and  forty-five,  entitled  'An  Act  to  authorize  the  plac- 
ing of  offices,  positions  and  employments  in  the  highway 
department  of  the  town  of  Montague  under  the  civil  service 
laws',  be  accepted?"  If  a  majority  of  the  votes  cast  in 
answer  to  said  question  is  in  the  affirmative,  then  this  act 
shall  thereupon  take  full  effect,  but  not  otherwise. 

Approved  March  9,  19J^5. 


C/inf).    92  An  Act  fixing   standard  weights  of  containers   for 

CERTAIN    FLOURS,    MEALS   AND    OTHER    GRAIN    PRODUCTS. 

Be  it  enacted,  etc.,  as  follows: 

KiV  /'"■  Section  1.     Chapter  ninety-four  of  the  General  Laws  is 

ti'rwV*i74A.      hereby  amended  by  inserting  after  section  one  hundred  and 
iMsoricd.  seventy-four,  as  appearing  in  the  Tercentenary  Edition,  the 

standard  following  sectiou:  —  Section  17Ji.A.     No  person  shall  pack 

wntainers  for  for  salc,  sell,  offcr  Or  cxpose  for  sale  in  this  commonwealth, 
prwfuotr^'"  except  in  containers  of  net  avoirdupois  weights  of  two,  five, 
ten,  twenty-five,  fifty  and  one  hundred  pounds,  and  mul- 
tiples of  one  hundred  pounds,  any  of  the  following  commodi- 
ties :  —  wheat  flour,  self-rising  wheat  flour,  phosphated  wheat 
flour,  bromated  flour,  enriched  flour,  enriched  self-rising  flour, 
enriched  bromated  flour,  corn  flour,  corn  meals,  hominy  and 
hominy  grits;  provided,  that  this  section  shall  not  apply  to 
(a)  the  retailing  of  flours,  meals,  hominy  and  hominy  grits 


Acts,  1945.  —  Chap.  93.  67 

direct  to  the  consumer  from  bulk  stock,  or  (h)  the  sale  of 
flours  and  meals  to  commercial  bakers  or  blenders  or  for 
export  in  containers  of  more  than  one  hundred  pounds,  or 

(c)  flours,  meals,  hominy  and  hominy  grits  packed  in  car- 
tons the  net  contents  of  which  are  less  than  five  pounds,  or 

(d)  the  exchange  of  wheat  for  flour  by  mills  grinding  for  toll. 
Whoever  violates  any  provision  of  this  section  shall  be  pun- 
ished b}^  a  fine  of  not  less  than  twenty-five  nor  more  than 
five  hundred  dollars. 

Section  2.    Section  one  hundred  and  seventy-five  of  said  KdV'oJ'l' 175, 
chapter  ninety-four,  as  so  appearing,  is  hereby  repealed.        rcpoui.Ki'. 

Approved  March  9,  1945. 


An  Act  to  authorize  the  town  of  oran(;e  to  establish  (^jkid     \y.\ 
a  board  of  commissioners  for  the  management  of 
the  municipal  airport,  and  definino  the  powers  and 
duties  of  said  board. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  There  is  hereby  established  in  the  town  of 
Orange  a  board,  consisting  of  five  commissioners,  to  have 
the  custody,  care  and  management  of  the  airport  owned  by 
the  town.  The  initial  members  of  said  board  shall  be  elected 
by  official  ballot,  one  to  serve  for  one  year,  two  to  serve  for 
two  years  each,  and  two  to  serve;  for  three  years  each,  from 
the  date  of  the  annual  town  election  at  which  they  are  elected, 
and  thereafter,  when  the  term  of  any  member  expires,  his 
successor  shall  be  so  elected  to  serve  for  three  years.  In  all 
cases  the  members  shall  serve  until  their  successors  are 
qualified. 

The  members  of  the  board  shall,  forthwith  after  each  elec- 
tion, elect  one  of  its  members  to  act  as  chairman  for  th(; 
ensuing  year. 

Anj'^  vacancy  in  said  board  may  be  filled  in  the  manner 
provided  by  section  eleven  of  chapter  forty-one  of  the  Gen- 
eral Laws,  and  the  person  so  appointed  shall  perform  the 
duties  of  the  office  until  the  next  annual  meeting  of  said 
town. 

Section  2.  The  board  may  make  rules  and  regulations 
for  the  use  of  the  airport  and  may  let  or  lease  the  same  or 
any  part  thereof  for  a  period  not  to  exceed  ten  years,  and, 
with  the  approval  of  the  town,  for  such  longer  period  not 
exceeding  twenty  years  as  the  town  may  vote. 

Section  3.  The  board  shall  appoint  and  fix  the  salary 
of  all  the  employees  appointed  or  employed  by  it  subject  to 
the  appropriations  voted  by  the  town. 

Section  4.  This  act  shall  take  effect  upon  its  acceptance 
by  a  majority  of  the  voters  of  the  town  of  Orange  present 
and  voting  thereon  at  a  town  meeting  called  for  the  purpose 
within  three  years  after  its  passage;  but  the  number  of 
meetings  so  called  in  any  one  j^ear  shall  not  exceed  three. 

Approved  March  9,  1945. 


68  Acts,  1945.  —  Chap.  94. 


Chap,   94  An   Act  authorizing  the  town  of  weymouth  to  con- 
struct AND   operate  a  SYSTEM   OF  SEWERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Weymouth  may  lay  out,  con- 
struct, maintain  and  operate  a  system  or  systems  of  main 
drains  and  common  sewers  for  a  part  or  the  whole  of  its 
territory,  with  such  connections  and  other  works  as  may  be 
required  for  a  system  of  sewage  disposal,  and  ma}'^  construct 
such  sewers  or  drains  over  and  under  land  in  said  town  as 
may  be  necessary  to  conduct  the  sewage  to  the  south  metro- 
politan sewerage  system,  and,  for  the  purpose  of  pro\'iding 
better  surface  or  other  drainage,  may  make,  lay  and  main- 
tain such  drains  as  it  deems  best.  And  for  the  purposes 
aforesaid,  the  town  may,  within  its  limits,  make  and  main- 
tain sub-drains,  and,  with  the  approval  of  the  department  of 
}Miblic  health,  discharge  the  water  from  such  sub-drains  into 
any  brook,  stream  or  water  course  within  the  town. 

Section  2.  The  town  may  make  and  maintain,  in  any 
way  therein  where  main  drains  or  common  sewers  are  con- 
structed, such  connecting  drains,  under-drains  and  sewers 
within  the  limits  of  such  way  as  may  be  necessary  to  connect 
any  estate  which  abuts  upon  the  way. 

Section  3.  The  board  of  sewer  commissioners,  acting  for 
and  on  behalf  of  said  town,  may  take  by  eminent  domain 
under  chapter  seventy-nine  of  the  General  Laws,  or  acquire 
b}^  purchase  or  otherwise,  any  lands,  water  rights,  rights  of 
way  or  easements,  public  or  private,  in  said  town,  necessary 
for  accomplishing  any  purpose  mentioned  in  this  act,  and 
may  construct  such  main  drains  and  sewers,  sub-drains  and 
imder-drains  under  or  over  any  bridge,  railroad,  railway, 
boulevard  or  other  public  way,  or  within  the  location  of  any 
railroad,  and  may  enter  upon  and  dig  up  any  private  land, 
public  land  or  railroad  location,  for  the  purpose  of  laying 
such  drains  and  sewers  and  of  maintaining  and  repairing  the 
same,  and  may  do  any  other  thing  proper  or  necessary  for 
the  purposes  of  this  act;  provided,  that  they  shall  not  take 
in  fee  any  land  of  a  railroad  corporation,  and  that  they 
shall  not  enter  upon  or  construct  any  drain  or  sewer  within 
the  location  of  any  railroad  corporation  except  at  such  time 
and  in  such  manner  as  they  may  agree  upon  with  such  cor- 
poration, or,  in  case  of  failure  to  agree,  as  may  be  approved  by 
tlie  department  of  public  utilities. 

Section  4.  Any  person  injured  in  his  property  by  any 
action  of  said  board  of  sewer  commissioners  under  this  act 
may  recover  damages  from  said  town  under  said  chapter 
seventy-nine. 

Section  5.  The  town  shall  by  vote  determine  whether 
it  shall  pay  the  whole  or  a  portion  of  the  cost  of  said  system 
or  systems  of  sewerage  and  sewage  disposal  and,  if  a  portion, 
what  proportion.  If  the  town  votes  to  pay  less  than  the  whole 
cost,  in  providing  for  the  payment  of  the  remaining  portion 


Acts,  1945.  —  Chap.  94.  69 

of  the  cost  of  said  system  or  systems  the  town  may  ;ivail 
itself  of  any  or  all  of  the  methods  permitted  by  general  laws 
and  the  provisions  of  said  general  laws  relative  to  the  assess- 
ment, apportionment,  division,  reassessment,  abatement  and 
collection  of  sewer  assessments,  to  liens  therefor  and  to  in- 
terest thereon,  shall  apply  to  assessments  made  under  this 
act.  At  the  same  meeting  at  which  it  determines  that  any 
portion  of  the  cost  is  to  be  borne  by  the  town,  it  may  by 
vote  determine  by  which  of  such  methods  the  remaining 
portion  of  said  cost  shall  be  provided  for.  The  collector 
of  taxes  of  said  town  shall  certify  the  payment  or  payments 
of  such  assessments  or  apportionments  thereof  to  the  said 
board  who  shall  preserve  a  record  thereof. 

Section  6.  For  the  purpose  of  paying  the  necessary  ex- 
penses and  liabilities  incurred  under  this  act,  other  than 
expenses  of  maintenance  and  operation,  the  town  may  bor- 
row such  sums  as  may  be  necessary,  not  exceeding,  in  the 
aggregate,  five  hundred  thousand  dollars,  and  may  issue 
bonds  or  notes  therefor,  which  shall  bear  on  their  face,  the 
words,  Wej^mouth  Sewerage  Loan,  Act  of  1945.  Each  au- 
thorized issue  shall  constitute  a  separate  loan.  Indebted- 
ness incurred  under  this  act  shall  be  in  excess  of  the  statu- 
tory limit,  but  shall,  except  as  provided  herein,  be  subject 
to  chapter  forty-four  of  the  General  Laws. 

Section  7.  The  receipts  from  sewer  assessments  and 
from  payments  made  in  Heu  thereof  shall  be  appropriated 
for  and  applied  to  the  payment  of  charges  and  expenses  in- 
cident to  the  maintenance  and  operation  of  said  system  of 
sewerage  and  sewage  disposal  or  to  the  extension  thereof, 
to  the  payment  of  interest  upon  bonds  or  notes  issued  for 
sewer  purposes  or  to  the  payment  or  redemption  of  such 
bonds  or  notes. 

Section  8.  The  board  of  sewer  commissioners  may  annu- 
ally appoint  a  clerk  and  may  appoint  a  superintendent  of 
sewers  who  shall  not  be  a  member  of  the  board.  It  may 
remove  the  clerk  or  superintendent  at  its  pleasure  and  shall 
define  their  duties.  Said  board  may,  at  its  discretion,  pre- 
scribe for  the  users  of  said  sewer  system  or  systems  such 
annual  rentals  or  charges  based  upon  the  benefits  derived 
therefrom  as  it  may  deem  proper,  subject,  however,  to  such 
rides  and  regulations  as  may  be  fixed  by  vote  of  the  tow^n. 

Section  9.  All  contracts  made  by  the  board  of  sewer 
commissioners  shall  be  made  in  the  name  of  the  town  and 
shall  be  signed  by  the  board,  but  no  contract  shall  be  made 
or  obligation  incurred  by  said  board  for  any  purpose  in  ex- 
cess of  the  amount  of  money  appropriated  by  the  town 
therefor. 

Section  10'.  Said  board  may,  from  time  to  time,  pre- 
scribe rules  and  regulations  for  the  connection  of  estates  and 
buildings  with  main  drains  and  sewers,  and  for  the  inspec- 
tion of  materials,  the  construction,  alteration  and  use  of  all 
connections  and  drains  entering  into  such  main  drains  or 
sewers,  and  may  prescribe  penalties,  not  exceeding  twenty 


70  Acts,  1945. —  Chap.  95. 

(iollai's,  for  (^ach  violation  of  any  such  rule  or  regulation. 
Such  rules  and  regulations  shall  be  published  at  least  once 
a  week  for  three  successive  weeks  in  some  newspaper  pub- 
lished in  the  town  of  Weymouth,  if  any  there  be,  and  if  not, 
then  in  some  newspaper  published  in  the  county  of  Norfolk, 
and  shall  not  take  effect  until  such  publications  have  been 
made. 

Section  11.  No  act  shall  be  done  under  authority  of 
the  preceding  sections,  except  in  the  making  of  surveys  and 
other  preliminarj^  investigations,  until  the  plans  of  said 
.system  of  sewerage  and  sewage  disposal  have  been  approved 
by  the  department  of  public  health.  Upon  application  to 
said  department  for  its  approval,  it  shall  give  a  hearing,  after 
due  notice  to  the  public.  At  such  hearing,  plans  showing  in 
detail  all  the  work  to  be  done  in  the  construction  of  said 
system  of  sewerage  and  sewage  disposal  shall  be  submitted 
for  approval  by  said  department. 

Section  12.  Chapter  forty-seven  of  the  acts  of  nineteen 
hundred  and  thirty-four  is  hereby  repealed,  and  the  action 
of  the  town  of  Weymouth  in  accepting  said  act  is  hereby 
voided  as  of  the  effective  date  of  this  act. 

Section  13.  This  act  shall  be  submitted  for  acceptance 
to  the  legal  voters  of  said  town  at  an  annual  or  special  town 
meeting  called  for  the  purpose  held  within  five  years  after 
its  passage  and,  if  not  accepted  theretofore,  may  be  resub- 
mitted within  said  period,  in  the  form  of  the  following  ques- 
tion, which  shall  be  placed  upon  the  official  ballot  used  for 
the  election  of  town  officers  at  an  annual  meeting,  or  on  a 
ballot  if  submitted  at  a  special  meeting: — "Shall  an  act 
passed  by  the  general  court  in  the  year  nineteen  hundred 
and  forty-five,  entitled  'An  Act  authorizing  the  town  of 
Weymouth  to  construct  and  operate  a  system  of  sewers ',  be 
accepted?"  If  a  majority  of  the  votes  cast  on  said  ques- 
tion is  in  the  affirmative  this  act  shall  thereupon  take  full 
effect,  but  not  otherwise.  No  expenditure  shall  be  made  and 
no  liability  incurred  hereunder  until  such  acceptance. 

Approved  March  9,  1945. 


( 'hup.   95  An  Act  authorizing  the  town  of  westwood  to  acquire 

THE  CEMETERY  LOCATED  IN  SAID  TOWN,  KNOWN  AS  THE 
WESTWOOD  CEMETERY,  AND  MAINTAIN  THE  SAME  AS  A 
PUBLIC    CEMETERY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  Westwood  C'emetery  Association,  a  cor- 
poration duly  incorporated  by  law  and  situated  in  the  town 
of  Westwood,  and  the  First  Parish  of  Westwood,  a  corpora- 
tion duly  incorporated  by  law  and  situated  in  said  town, 
may,  by  deeds  duly  executed,  convey  and  transfer  to  said 
town,  and  said  town  is  hereby  authorized  and  empowered  to 
recei\  e,  and  thereafter  to  hold  and  maintain,  but  for  ceme- 
tery purposes  only,  and  subject  to  all  rights  heretofore  exist- 


Acts,  1945.  —  Chap.  95.  71 

inj?  in  any  burial  lots,  all  the  right,  title  and  interest  held 
by  said  corporations,  respectively,  in  and  to  the  cemetery 
located  in  said  town  and  known  as  th<»  Westwood  Cemetery, 
not  subject  to  any  trust,  and  thereupon,  and  upon  the  trans- 
fer of  the  trust  funds  as  hereinafter  provided,  the  Westwood 
Cemetery  Association  shall  be  dissolved;  and  the  said  ceme- 
tery shall  be  and  become  a  public  burial  place,  ground  or 
(lemetery. 

Section  2.  In  so  far  as  authorized  b}^  a  decree  of  a  court 
(jf  competent  jurisdiction  and  in  compliance  with  the  terms 
and  conditions  of  such  decree,  said  town  may  receive  a  con- 
veyance and  transfer  of,  and  administer,  all  funds  or  other 
property  held  by  the  said  First  Parish  of  Westwood  in  trust 
for  the  perpetual  care  of  the  lots  in  said  cemetery  and  all 
funds  or  other  property  held  by  said  Westwood  Cemetery 
Association  for  said  purpose  and  for  other  purposes,  and 
also  any  property  devised  or  bequeathed  to  said  corpora- 
tions, or  either  of  them,  for  the  purposes  of  said  cemetery, 
under  the  will  of  any  person  living  at  the  time  of  said  trans- 
fer or  conversance  or  under  the  will  of  any  deceased  person 
not  then  probated.  Interest  and  dividends  accruing  on 
funds  deposited  in  trust  with  any  savings  bank  under  au- 
thority of  section  thirtj^-seven  or  thirty-eight  of  chapter  one 
hundred  and  sixtj^-eight  of  the  General  Laws,  or  with  any 
other  banking  institution,  for  the  benefit  of  said  Westwood 
Cemetery  Association,  or  of  said  First  Parish  in  Westwood, 
in  relation  to  its  right,  title  and  interest  in  and  to  said  ceme- 
tery, or  for  the  benefit  of  any  lots  in  said  cemetery,  may, 
after  such  conveyance,  be  paid  l)y  such  bank  or  institution 
to  the  treasurer  of  said  town;  and  upon  such  payment  said 
treasurer,  under  the  direction  of  the  cemetery  commissioners, 
shall  use  the  same  for  the  purposes  of  said  trusts. 

Section  3.  All  real  and  personal  property,  and  property 
rights,  acquired  b}^  said  town  under  authority  of  this  act, 
and  all  rights  now  held  in  said  cemetery  by  the  town,  shall 
be  held  and  managed  by  said  town  in  the  same  manner  in 
which  cities  and  towns  are  authorized  b}'  law  to  hold  and 
manage  property  for  cemetery  purposes;  provided,  that  all 
rights  which  an}^  persons  have  acquired  in  said  cemetery, 
or  any  lots  therein,  shall  remain  in  force  to  the  same  ex- 
tent as  if  this  act  had  not  been  passed  and  such  transfer 
had  not  occurred.  The  records  of  said  Westwood  Cemetery 
Association,  and  the  records  of  said  First  Parish  in  West- 
wood  relating  to  said  cemetery,  shall  be  delivered  to  the 
clerk  of  said  town,  and  such  clerk  may  certify  copies  thereof. 

Section  4.  This  act  shall  take  full  effect  upon  its  accept- 
ance by  a  majority  of  the  registei'ed  voters  of  the  town  of 
Westwood  voting  thereon  at  a  regular  or  special  town  meet- 
ing called  for  the  purpose  held  within  two  years  of  the  pas- 
sage of  this  act,  but  not  otherwise. 

Approved  March  9,  1945. 


72  Acts,  1945.  —  Chap.  96. 


Chap.    96  An  A(;t  authorizing  the  city  of  medford   to  skij.  (Cer- 
tain  PARK    LANDS   LOCATED   THEREIN. 

Be  it  enacted,  etc.,  as  follows: 

The  city  of  Medford,  acting  by  its  board  of  park  com- 
missioners, is  hereby  authorized  to  sell  the  following  parcels 
of  land  now  held  for  park  purposes :  — 

(1)  A  certain  parcel  of  land,  situated  in  Medford,  with 
the  buildings  and  improvements  thereon,  being  shown  as 
lot  B  on  plan  No.  15470,  entitled  City  of  Medford,  Engi- 
neering Department,  Plan  of  land  proposed  for  purchase, 
Fulton  Street  and  Winslow  Avenue,  dated  May  10,  1939, 
recorded  Book  6345  end,  Middlesex  South  District  Registry 
of  Deeds,  and  bounded  and  described  as  follows :  —  Lot  B : 
Beginning  at  a  point  approximately  one  hundred  sixty  feet 
distant  southeasterly  from  a  stone  bound  at  the  end  of  a 
curve  at  the  corner  of  Fulton  street  and  Winslow  avenue 
on  the  northerly  side  of  said  avenue;  thence  the  line  runs 
about  northeasterly  by  lot  18  as  shown  on  plan  referred  to, 
ninety-eight  and  twenty-six  one-hundredths  feet  to  a  point; 
thence  turning  and  running  southeasterly  by  lot  E  as  shown 
on  said  plan,  forty-three  feet  to  lot  19  on  said  plan;  thence 
turning  and  running  southwesterly  by  said  lot  19,  ninety- 
five  and  eleven  one-hundredths  feet  to  Winslow  avenue; 
thence  turning  and  running  northwesterly  on  said  Winslow 
avenue  forty-two  and  twenty-six  one-hundredths  feet  to  the 
point  of  beginning;  containing  three  thousand  eight  hun- 
dred sixty-seven  square  feet  according  to  said  plan;  being 
any  and  all  measurements  or  contents  more  or  less,  how- 
ever bounded  and  described. 

(2)  A  certain  parcel  of  land,  situated  in  Medford,  with 
the  buildings  and  improvements  thereon,  being  shown  as 
lot  19  on  Plan  No.  15470,  entitled  City  of  Medford,  Engi- 
neering Department,  Plan  of  land  proposed  for  purchase, 
Fulton  Street  and  Winslow  Avenue,  dated  May  10,  1939, 
recorded  Book  6345  end,  Middlesex  South  District  Registry 
of  Deeds,  and  bounded  and  described  as  follows :  —  Lot  19 : 
Beginning  at  a  point  on  northerly  side  of  Winslow  avenue 
about  forty-two  and  twenty-six  one-hundredths  feet  distant 
from  lot  B  as  shown  on  said  plan,  the  lines  run  northeasterly 
by  said  lot  B  on  said  plan,  ninety-five  and  eleven  one-hun- 
dredths feet  to  a  point  on  lot  E  as  shown. on  said  plan;  thence 
turning  and  running  southeasterly  by  said  lot  E,  sixty-five 
and  seventy-five  one-hundredths  feet  to  lot  20  on  said  plan; 
thence  turning  and  running  southwesterly  by  said  lot  20, 
ninety  feet  to  Winslow  avenue ;  thence  turning  and  run- 
ning northwesterly  by  said  Winslow  avenue,  thirty-five  feet 
to  the  point  of  beginning;  containing  four  thousand  five 
hundred  thirtj^-four  square  feet  according  to  said  plan;  be- 
ing any  and  all  measurements  or  contents  more  or  less,  how- 
ever bounded  and  described.       Approved  March  10,  1945. 


Acts,  1945.  —  C^haps.  97,  98.  73 


An  Act  exclitdin(;   deposits  in  SAviNCis  banks  of  the  nhQj)     07 

FUNDS    OF    THE    SAVINGS    BANKS    EMPLOYEES    RETIREMENT     '        ^' 
ASSOCIATION     FROM     PROVISIONS     OF     LAW     LIMITING     THE 
AMOUNTS   OF   DEPOSITS. 

Be  it  enacted,  etc.,  as  follows: 

Section  thirty-one  of  chapter  one  hundred  and  sixty-eight  a.  l.  ciyt. 
of  the  General  Laws,  as  appearing  in  the  Tercentenary  Edi-  anlemjeu  ^ '"' 
tion,  is  hereby  amended  by  adding  at  the  end  the  follow- 
ing: —  ,  or  of  the  funds  of  the  Savings  Banks  Employees 
Retirement  Association,  —  so  as  to  read  as  follows :  —  Sec-  ".^""^H"^  "f 
tion  SI.    Such  corporation  may  receive  on  deposit  from  any  limitefL 
person  not  more  than  four  thousand  dollars;  and  may  allow 
interest  upon  such  deposits,  and  upon  the  interest  accumu- 
lated thereon,  until  the  principal,  with  the  accrued  interest, 
amounts  to  eight  thousand  dollars;   and  thereafter  upon  no 
greater  amount  than  eight  thousand  dollars;    but  this  sec- 
tion shall  not  apply  to  deposits  by  a  religious  or  charitable 
corporation  or  labor  union,  or  credit  union,   or  fraternal 
benefit  society,  or  in  the  name  of  a  judge  of  probate,  or  by 
order  of  any  court,  or  on  account  of  a  sinking  fund  of  a 
town  in  the  commonwealth  or  of  any  trust  fund  held  by  a 
town  for  public  uses,  or  of  the  funds  of  any  state,  county  or 
municipal  retirement  or  pension  system  or  association,  or 
of  the  funds  of  the  Savings  Banks  Employees  Retirement 
Association.  Approved  March  10,  1945. 


An  Act  making  certain  corrections  and  changes  in  cjm^^     oc 

THE   GENERAL  LAWS  RELATIVE   TO   MARINE   FISH   AND   FISH- 
ERIES. 

/>'«  it  enacted,  etc.,  as  follows: 

Section  1.     Section   one   of   chapter   one   hundnMl   and  ^.;  f  •  *'|''"' . 
thirty  of  the  General  Laws,  as  appearing  in  section  one  of  n.otn, ' 
chapter  five  hundred  and  ninety-eight  of  the  acts  of  nine-  ■'"^^"•''■''• 
teen  hundred  and  forty-one,  is  hereby  amended  by  striking 
out  the  words  "coastal  waters"  in  the  definition  of  "Fish" 
and  inserting  in  place  thereof  the  words :  —  ocean  or  its  con- 
necting waters,  —  so  as  to  read  as  follows :  — 

"Fish",  any  animal  life  inhabiting  the  ocean  or  its  con-  'ImsIi  •, 
necting  waters  including  any  crustacean  or  marine  fish,  ■''^''"'^'""  i^'- 
whether  free  swimming  or  free  moving,  and  any  shellfish 
or  sea  worms,  whether  or  not  imbedded  in  the  soil.  All  pro- 
visions of  the  chapter  relative  to  fish  shall,  so  far  as  apt, 
apply  also  to  lobster  meat  and  crab  meat  after  the  same  has 
been  taken  from  the  shell. 

Section  2.    Said  section  one  of  said  chapter  one  hundred  EJ)'j[J(f- 
and  thirty,  as  so  appearing,  is  hereby  further  amended  by  §  i',  etc., ' 
striking  out  the  last  paragraph  and  inserting  in  place  thereof  "'"'^"^''''' 
the  following  paragraph:  — 

This  chapter  and  regulations  made  under  authority  theic>of  Apuiicatioi. 


74 


Acts,  1945.  —  Chap.  98. 


G.  L.  (TcT. 
Ed.),  IW,  §  2, 
etc.,  amended. 


Penalty. 


G.  L.  CJVr. 
Ed.),  i:W, 
§  31,  etf., 
amended. 


Wilful  de- 
.structiou  of 
weirs,  nets,  etc. 
Penalty. 


(;.  I,.  (Ti'i 

Kd.),  lao, 
§  .sa,  etc., 

amended. 


.\nnual 
reports  of 
catches  to 
be  made. 
Penalty  for 
failure. 


shall  apply  to  all  fisheries  within  the  jurisdiction  of  the  com- 
monwealth and  to  all  fish  within  the  jurisdiction  thereof, 
except  fish  being  transported  through  the  commonwealth 
under  authority  of  the  laws  of  the  United  States;  but  this 
provision  shall  not  be  construed  so  as  to  limit  the  authority 
of  the  director  to  protect  anadromous  fish  by  providing  for 
their  passage  from  the  coastal  waters  to  spawning  grounds 
in  streams  and  ponds  in  inland  waters  and  to  regulate  com- 
mercial fisheries  therein  for  the  taking  of  such  anadromous 
fish. 

Section  3.  Section  two  of  said  chapter  one  hundred  and 
thirty,  as  so  appearing,  is  hereby  amended  by  striking  out 
the  last  paragraph  and  inserting  in  place  thereof  the  follow- 
ing paragraph :  — 

Whoever  violates  any  provision  of  this  chapter  or  any 
rule  or  regulation  made  under  authority  thereof,  unless 
otherwise  provided,  shall  be  punished  by  a  fine  of  not  less 
than  ten  nor  more  than  fifty  dollars,  or  by  imprisonment  for 
not  more  than  one  month,  or  both. 

Section  4.  Section  thirty-one  of  said  chapter  one  hun- 
dred and  thirty,  as  so  appearing,  is  hereby  amended  by  in- 
serting after  the  word  "Whoever"  in  the  first  line  the  words: 

—  without  the  consent  of  the  owner  takes  or  uses  or,  —  and 
by  striking  out,  in  the  third  line,  the  words  "set  for  the 
taking  of  fish",  —  so  as  to  read  as  follows:  —  Section  31. 
Whoever  without  the  consent  of  the  owner  takes  or  uses  or 
wilfully  destroys,  injures  or  molests  any  weir,  pound  net, 
fish  trap,  seine,  set  net  or  lobster  or  crab  pot  or  other  fishing 
gear,  or  any  fish  car  or  other  contrivance  used  for  the  pur- 
pose of  storing  fish,  including  any  such  fishing  gear  which 
is  swept  ashore  by  storm  or  tide  or  other  natural  causes  and 
deposited  upon  the  shore,  beaches  or  flats,  whether  public  or 
private,  or  takes  fish  therefrom  without  the  consent  of  the 
owner,  shall  be  punished  by  a  fine  of  not  less  than  one  hun- 
dred nor  more  than  three  hundred  dollars  or  bj^  imprison- 
ment for  two  months,  or  both. 

Section  5.  Section  thirty-three  of  said  chapter  one  hun- 
dred and  thirty,  as  so  appearing,  is  hereby  amended  by 
striking  out,  in  the  fifth  line,  the  words  "in  the  coastal 
waters",  —  by  striking  out,  in  the  sixth  and  seventh  lines, 
the  words  "between  October  first  and  twentieth"  and  in- 
serting in  place  thereof  the  words:  —  before  January  thirty- 
first,  —  and  by  striking  out,  in  the  twelfth  line,  the  words 
"September  thirtieth"  and  inserting  in  place  thereof  the 
words:  —  December  thirty-first,  —  so  as  to  read  as  follows: 

—  Section  33.  The  owner  of  every  boat,  and  the  owner  of 
every  pound  net,  fish  trap,  weir,  fyke  net  or  similar  contriv- 
ance, fishing  pier,  seine,  drag  or  gill  net,  lobster  or  crab  pot 
or  trap  or  other  fishing  gear,  hereinafter  referred  to  as  de- 
vices, used  for  fishing  purposes,  and  every  licensee  under 
section  thirty-eight  shall  annually,  before  January  thirty- 
first,  make  a  written  report,  on  oath,  to  the  director,  of  the 
number  of  pounds  and  the  value  of  each  kind  of  edible  fish 


Acts,  1945.  —  Chap.  98.  75 

caught  by  him  with  such  boat  or  such  devices  and  the  num- 
ber of  lobsters  and  edible  crabs  taken  by  him  in  pots  or  traps 
for  the  twelve  months  ending  on  the  preceding  December 
thirty-first,  and  the  number  and  value  of  the  devices,  if  any, 
used  in  such  catching  or  taking,  and  the  number  of  persons, 
if  any,  employed  therein;  and  for  such  purpose  the  director 
shall  annually,  on  or  before  March  fifteenth,  provide  him, 
upon  his  application,  with  suitable  blank  forms  for  such 
reports,  so  arranged  that  each  month's  catch  may  be  sepa- 
rately recorded  thereon;  and,  in  filling  out  such  reports, 
such  owner  shall  give,  so  far  as  practicable,  the  above  re- 
quired results  of  each  month's  fishing.  In  lieu  of  said  annual 
report  the  director  may  require  such  owner  to  submit  a 
monthly  report  of  such  facts  listed  herein  as  the  director 
may  deem  advisable.  Such  owner  shall  apply  to  the  director 
for  such  blank  forms.  The  owner  of  any  fish  cars  or  other 
contrivances  used  for  keeping  fish,  lobsters  or  edible  crabs 
shall  have  his  name  and  residence  legibly  marked  thereon. 
The  license,  permit  or  certificate  of  any  person  to  take  such 
fish,  lobsters  or  edible  crabs  who  refuses,  or  knowingly  or 
wilfully  neglects  to  make  the  report  I'equired  hereby  or 
knomngly  or  wilfully  makes  a  false  report  shall  be  suspended 
and  he  shall  not  receive  a  new  licen.se,  certificate  or  permit 
until  such  report  is  made.  Whoever  knowingly  and  wil- 
fully violates  any  provision  of  this  section  shall  be  punished  by 
a  fine  of  not  less  than  ten  nor  more  than  one  hundred  dollars. 

Section  6.     Section  sixty-nine  of  said  chapter  one  hun-  g.  l.  (Ter. 
dred  and  thirty,  as  so  appearing,  is  hereby  amended  by  feg.'ifa! 
striking  out,  in  the  sixth  line,  the  words  "and  imprisonment  amended, 
for"  and  inserting  in  place  thereof  the  words:  —  or  by  im- 
prisonment for  not  exceeding,  —  so  as  to  read  as  follows :  — 
Section  69.     Whoever  takes  or  has  in  possession  quahaugs  or  seed  <iua- 
soft-shelled  clams  less  than  two  inches  in  longest  diameter,  I'lauTH.^p^laity 
hereinafter  referred  to  as  seed  quahaugs  or  seed  clams,  to  f'"'  <'''^i"K- 
the  amount  of  more  than  five  per  cent  of  any  batch  shall  be 
punished  by  a  fine  of  not  less  than  five  nor  more  than  fifty 
dollars  or  by  imprisonment  for  not  exceeding  thirty  days; 
provided,  that  it  shall  not  be  unlawful  to  take  seed  quahaugs 
or  seed  clams  or  have  the  same  in  possession  under  authority 
of  a  permit  therefor,  which  the  director  is  hereby  authorized 
to  grant,  for  replanting  in  waters  or  flats  within  the  common- 
wealth. 

Section  7.    The  third  paragraph  of  section  eighty  of  said  {^i^Viw'^' 
chapter  one  hundred  and  thirty,  as  so  appearing,  is  hereby  §  so,"  et<-..' 
amended  by  striking  out,  in  the  second  line,  the  words  ''in  '*""'"''''' 
the  shell",  —  by  striking  out,  in  the  third  line,  the  words 
"for  shell  stock",  —  and  by  striking  out,  in  the  fourth  line, 
the  words  "so  distributing",  —  so  as  to  read  as  follows:  — 

No  person,  as  a  dealer,  shall  engage  in  the  commercial  ^,gf,'^j^ 
distribution  of  shellfish  without  first  obtaining  a  dealer's  certificate. 
shellfish  certificate,  and  no  person  shall  operate  a  shucking 
plant  without  a  dealer's  shellfish  certificate  for  an  approved 
shucking  plant.  Approved  March  10,  19/f5. 


76  Acts,  1945.  —  Chaps.  99,  10(). 

(^hap.    99  Am   Act   EXEMPTiNr;   scallops   from   certain    provisions 

OF    THE     marine     FISHERY     T,\WS    RELATIXO    TO     CONTAMI- 
NATED   AREAS. 

Be  it  enacted,  etc.,  an  follows: 

KdV'lalr'  Section   1.     Section  seventy-four  of  chapter  one  hundred 

s' 74,' etc..'         and  thirty  of  the  General  Laws,  as  appearing  in  section  one 
;irii.>nd.d.  ^j-  (.[jg^p^^ij.  fjyf,   liundred   and   ninetj^-eight  of  tlie  acts  of 

nineteen    hundred   and    forty-one,    is    hereb}'   amended    b\' 
imntwr''*^"       adding  at  the  end  tlie  following  sentence:  —  This  section 

shall  not  apply  to  scallops. 
Fd V'  i-lo'  Section  2.     Section  eighty-one  of  said  chapter  one  hun- 

§'81,' etc.,'         dred  and  thirty,  as  so  appearing,  is  hereby  amended  by 
amended .         adding  at  the  end  the  following  sentence :  —  This  section 

Application  i      n  .  i       .  n 

limited.  shall  not  apply  to  scallops. 

c!^  L.  (Ter.  Section  3.     Sectlon  eighty-two  of  said  chapter  one  hun- 

s'sk^'etc!*^'  dred  and  thirty,  as  so  appearing,  is  hereby  amended  by 

amended.  adding  at  the  end  the  following  sentence:  —  This  section 

lunih'f '""  shall  not  apply  to  scallops.  Approved  March  10,  1945. 

Chap. 100  An  Act  amending  the  military  law  relative  to  the 

DATES  OF  FILING  OF  CERTAIN  RETURNS  AND  CERTIFICATES. 

Be  it  enacted,  etc.,  as  follows: 

FdV  tP'"  Section  thirty-nine  of  chapter  thirtj^-three  of  the  General 

S^M,' etc'.,  Laws,  as  appearing  in  section  one  of  chapter  four  hundred 

amended.  ^j^^  twenty-fivc  of  the  acts  of  nineteen  hundred  and  thirt}^- 

nine,  is  hereby  amended  by  striking  out,  in  the  fourth  and 
in  the  seventeenth  lines,  the  word  "November"  and  insert- 
ing in  place  thereof,  in  each  instance,  the  word:  —  June,  — 
Annual  SO  as  to  read  as  follows:  —  Section  39:     The  mayor  of  a 

relative  to  city,  Or  the  selectmen  of  a  town,  providing  an  armory  or 
armories,  or  headquarters,  for  the  use  of  the  organized 
militia,  shall  annually  on  or  before  June  first  make  returns 
thereof  to  the  state  quartermaster.  All  statements  con- 
tained therein  shall  be  made  under  penalty  of  perjury.  All 
such  returns  shall  give  the  designation  and  location  of  each 
armory  or  headquarters,  the  name  of  each  command  or 
headquarters  therein  quartered,  the  rental  paid  or  charged 
therefor,  and  when  required  by  the  state  quartermaster  the 
expense  incurred  in  heating,  lighting  and  repairing  the 
same,  in  furnishing  water,  telephones  and  janitor  service, 
as  well  as  the  aggregate  cost  of  the  land  and  buildings.  The 
state  quartermaster  shall  examine  each  return  so  made  and 
allow  or  disallow,  in  whole  or  in  part,  the  sums  so  returned, 
his  decision  being  subject  to  review  ;md  amendment  by  the 
adjutant  general.  He  shall  annually,  not  later  than  June 
thirtieth,  file  with  the  state  (iomptroUer  his  certificate, 
stating  the  sum  allowed  for  each  armory,  the  name  of  the 
command  or  headquarters  occupying  it,  and  the  city  or 
town  making  the  return,  and  thereupon  he  shall  notif}^  the 
mayor  or  the  selectmen  of  the  sum  allowed, _  which  shall  be 
paid  to  such  city  or  town.  Approved  March  10,  1945. 


armories. 


Acts,  1945.  —  Chaps.  101,  102.  77 


An  Act  eliminatinc  the  word  "pauper"  from  the  laws  ('f^Qjj  i()[ 

RELATIVE    TO    ARREST    ON    MESNE    PROCESS    AND    SUPPLE-  ^' 

MENTARY    PROCEEDINGS    IN   CIVIL ,  ACTIONS   AND    BAIL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  twelve  of  chapter  two  hundred  and  EdV.  224T'§  12, 
twenty-four  of  the  General  Laws,  as  appearing  in  the  Ter-  amended." 
centenary  Edition,  is  hereby  amended  by  striking  out,  in 
the  second  line,  the  word  "pauper"  and  inserting  in  place 
thereof  the  words:  —  poor  person,  —  so  as  to  read  as  fol- 
lows:—  Section  12.  If  the  defendant  or  debtor  while  con-  S".pi)<>'t 
fined  in  jail  on  mesne  process  or  on  execution  claims  support 
as  a  poor  person,  the  jailer  shall  furnish  his  support  at  the 
rate  of  one  dollar  and  seventy-five  cents  a  week,  to  be  paid 
by  the  plaintiff  or  creditor,  who  in  such  case  shall,  if  required 
l\y  the  jailer,  either  from  time  to  time  advance  the  money 
necessary  for  the  support  of  the  prisoner  or  give  the  jailer 
satisfactory  security  therefor.  If  the  plaintiff  or  creditor 
neglects  to  do  so  for  twenty-four  hours  after  demand  upon 
him,  his  attorney  or  the  committing  officer,  the  jailer  shall 
discharge  the  prisoner. 

Section  2.    Section  twentj^-three  of  chapter  two  hundred  g-,^,";  22(3'_'^§  -sj,. 
and  twenty-six  of  the  General  Laws,  as  so  appearing,  is  amended. 
hereby  amended  by  striking  out,  in  the  second  line,  the 
word  "pauper"  and  inserting  in  place  thereof  the  words:  — 
poor  person,  —  so  as  to  read  as  follows:  —  Section  23.    If  a  Support 
principal,  surrendered  by  his  bail  and  committed  to  jail,  '"  ^"^''' 
claims  support  as  a  poor  person,  the  jailer  may  require  the 
plaintiff  or  his  attorney  in  the  action  to  give  security  or  to 
advance  the  money  for  support  of  the  defendant  in  like 
manner  as  if  the  commitment  had  been  made  by  an  officer. 
If  the  plaintiff  fails  so  to  do  for  twenty-four  hours  after 
being  so  required,  the  jailer  may  discharge  the  defendant. 

Approved  March  10,  1945. 


An  Act  authorizing  the  town  of  webster  to  receive  C/ki p. 102 

AND   administer   THE   PROPERTY   OF   THE   LAKESIDE   CEME- 
TERY'  association   in    SAID    TOWN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  Lakeside  Cemetery  Association,  a  cor- 
poration duly  incorporated  by  law  and  situated  in  the  town 
of  ^^'ebster,  hereinafter  called  the  corporation,  may,  by 
deed  duly  executed,  convey  and  transfer  to  said  town,  and 
said  town  is  hereby  authorized  and  empowered  to  receive, 
and  thereafter  to  hold  and  maintain,  but  for  cemetery  pur- 
poses only,  and  subject  to  all  rights  heretofore  existing  in 
any  burial  lots,  the  real  and  personal  property  of  the  cor- 
poration not  subject  to  any  trust,  and  thereupon,  and  upon 
the  transfer  of  the  trust  funds  as  liercinafter  provided,  the 
corporation  shall  be  dissolved;   and  the  cemetery  of  the  cor- 


78  Acts,  1945. —  Chap.  102. 

poration  shall  be  and  become  a  public  burial  place,  sif'i^mcl 
or  cemetery. 

Section  2.  In  so  far  as  authorized  by  a  decree  of  a  court 
of  competent  jurisdiction  and  in  compliance  with  the  terms 
and  conditions  of  such  decree,  said  town  may  receive  from 
the  corporation  a  conveyance  and  transfer  of,  and  admin- 
ister, all  funds  or  other  property  ludd  by  the  corporation  in 
trust  for  the  perpetual  care  of  the  lots  in  its  cemetery  and 
for  other  purposes,  and  also  any  property  devised  or  be- 
queathed to  the  corporation  under  the  will  of  any  person 
living  at  the  time  of  said  transfer  or  conveyance  or  under 
the  will  of  any  deceased  person  not  then  probated.  Interest 
and  dividends  accruing  on  funds  deposited  in  trust  with  any 
savings  bank  under  authority  of  section  thirty-seven  or 
section  thirty-eight  of  chapter  one  hundred  and  sixty-eight 
of  the  General  Laws,  or  with  any  other  banking  institution, 
for  the  benefit  of  the  corporation,  or  of  any  lots  in  its  ceme- 
tery, may,  after  such  conveyance,  be  paid  by  such  bank  or 
institution  to  the  treasurer  of  said  town;  and  upon  such 
payment  said  treasurer  shall  use  the  same  for  the  purposes 
of  said  trusts. 

Section  3.  All  real  and  personal  property  and  propertj^ 
rights,  acquired  by  said  town  from  the  corporation  under 
authority  of  this  act,  shall  be  held  and  managed  by  said 
town  in  the  same  manner  in  which  cities  and  towns  are 
authorized  by  law  to  hold  and  manage  property  for  ceme- 
tery purposes;  provided,  that  all  rights  which  any  persons 
have  acquired  in  the  cemetery  of  the  corporation  or  any  lots 
therein  shall  remain  in  force  to  the  same  extent  as  if  this 
act  had  not  been  passed  and  such  transfer  had  not  occurred. 
The  records  of  the  corporation  shall  be  delivered  to  the  clerk 
of  said  town  and  such  clerk  may  certify  copies  thereof. 

Section  4.  The  action  of  the  inhabitants  of  the  town 
of  Webster,  at  its  annual  town  meeting  in  the  year  nineteen 
hundred  and  forty-four,  in  voting  to  accept  a  transfer  of  real 
and  personal  property  of  said  cemetery,  and  all  acts  of  the 
(corporation  purporting  to  assign,  set  over,  grant  or  convey 
to  said  town  the  real  and  personal  property,  or  both,  of  the 
corporation,  together  with  any  or  all  rights  of  the  corpora- 
tion thereto,  in  law  or  in  equity,  are  hereby  ratified  and 
confirmed,  and  shall  have  the  same  effect  and  validity  as 
if  section  one  had  been  in  effect  prior  to  said  vote. 

Section  5.  This  act  shall  take  full  effect  upon  its  accept- 
;ince  by  a  majority  of  the  registered  voters  of  the  town  of 
Webster  voting  thereon  at  a  regular  or  special  town  meeting 
held  in  the  current  year,  but  not  otherwise. 

Approved  March  10,  194-5. 


Acts,  1945.  —  Chaps.   103,  104.  79 


An  Act  extending  the  effective  period  op  certain  war  Chan  \()',\ 

EMERGENCY    LEGISLATION    RELATING    TO    CIVIL    SERVICE. 

J'e  it  enacted,  etc.,  as  follows: 

Chapter  thirteen  of  the  acts  of  nineteen  hundred  and 
forty-two  is  hereby  amended  by  strilving  out  section  twelves 
and  inserting  in  phice  thereof  the  following  section :  —  Sec- 
tion 12.  The  provisions  of  this  act,  other  than  s(!Ction  five, 
shall  cease  to  be  in  effect  upon  the  termination  of  all  existing 
states  of  war  between  the  United  States  and  foreign  coun- 
tries, or  upon  the  adoption  by  both  branches  of  the  general 
court  of  a  joint  resolution  stating  that  said  provisions  are  no 
longer  necessary  for  the  public  good  and  safety,  whichever 
first  occurs.  The  provisions  of  said  section  five  shall  cease 
to  be  in  effect  upon  the  expiration  of  one  vear  after  the 
termination  of  all  such  existing  states  of  war. 

Approved  March  10,  19^5 . 


An  Act  to  provide  for  the  payment  of  pensions  by  ('/ifjp  j()4 

PARTICIPATING  BANKS  OF  THE  SAVINGS  BANKS  EMPLOYEES 
retirement  ASSOCIATION,  AND  ALSO  TO  PERMIT  THE  AS- 
SIGNMENT TO  SUCH  BANKS  OF  DEFERRED  ANNTTITY  CON- 
TRACTS   PURCHASED    FOR    THEIR    EMPLOYEES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  fifty-eight  of  chapter  one  hundred  S-.VDy- 
and  sixty-eight  of  the  General  Laws,  inserted  by  chapter  s'V.s.'etc.,' 
two  hundred  and  forty-nine  of  the  acts  of  nineteen  hundred  •■^""^"''"' 
and  forty-three,  is  hereb}-  amended  by  inserting  after  the 
word  "annuity"  in  the  thirtieth  and  thirty-first  lines,  in  each 
instance,  the  words:  —  or  pension,  —  so  that  the  third  para- 
graph will  read  as  follows:  — 

Eligible  employees  may  contribute  a  portion  of  their  c.mtrii.utions 
salaries  or  wages,  to  be  deducted  by  the  employing  banks  e|„pi'fy'^e's. 
and  paid  to  the  association.  A  participating  l^ank  may  con- 
tribute to  the  funds  of  the  association  to  the  extent  deter- 
mined by  its  trustees,  but  its  contributions  for  future  serv- 
ice, as  defined  in  the  by-laws,  on  account  of  any  employee 
shall  not  exceed  such  employee's  contributions  or  five  per 
cent  of  his  wages  or  salary,  whichever  is  less.  A  participat- 
ing bank  may  also  contribute  for  past  service,  as  defined  in 
the  by-laws,  amounts  necessaiy  to  provide  eligible  employ- 
ees with  ^n  annuity  or  pension  to  begin  at  age  sixty-five  or 
later,  such  aniuiity  or  pension  not  to  exceed  one  per  cent  of 
the  average  salary  for  the  five  years  preceding  the  date  such 
bank  joins  the  association  for  each  year,  but  not  exceeding 
thirty-five  years,  of  continuous  employment  between  age 
thirty  and  the  date  of  such  joining. 

Section  2.     Section  sixty  of  said  chapter  one  himdred  9j';|go''- 
and  sixty-eight,  inserted  by  said  chapter  two  hundred  and  §60."  etc.,' 
forty-nine,  is  hereby  amended  by  adding  at  the  end  the  fol-  •'"""'"''"'' 
lowing:  — ,    except    that    deferred    annuity    contracts    pur- 


80  Acts,  1945.  —  Chaps.  105,  106. 

chased  by  a  participating  bank  on  account  of  past  service  of 
eligible  employees  may  be  assigned  to  such  bank  prior  to 
Property.  actual  retirement,  —  so  as  to  read  as  follows :  —  Section  60. 

from  ta^xa-™"^*    The  property  of  the  association,  the  portion  of  the  wages  or 
tion.  etc.  salary  of  any  employee  deducted  or  to  be  deducted  under 

sections  fifty-eight  and  fifty-nine,  the  right  of  an  employee 
to  an  annuity  or  pension,  and  all  his  rights  in  the  funds  of 
the  association,  shall  be  exempt  from  taxation  and  from  the 
operation  of  any  law  relating  to  insolvency,  and  shall  not  be 
attached  or  taken  on  execution  or  other  process  to  satisfy 
any  debt  or  liability  of  the  association,  a  participating  bank, 
or  any  employee  member  of  the  association.  No  assign- 
ment of  any  right  in  or  to  said  funds  or  of  any  pension 
or  annuity  payable  under  section  fifty-eight  shall  be  valid, 
except  thai  deferred  annuity  contracts  purchased  by  a 
participating  bank  on  account  of  past  service  of  eligible 
employees  may  be  assigned  to  such  bank  prior  to  actual 
retirement.  Approved  March  12,  191^^5. 


(7/<://;.l()5  An  Act  extending  the  emergency  allotment  plan  of 

THE    CITY    OF   BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  two  of  chapter  five  himdred  and  six- 
teen of  the  acts  of  nineteen  hundred  and  forty-three  is 
hereby  amended  by  striking  out,  in  the  fourth  and  in  the 
fifth  lines,  the  word  "forty-four"  and  inserting  in  place 
thereof,  in  each  instance,  the  word:  —  forty-five, — so  as 
to  read  as  follows:  —  Section  2.  The  maj^or  of  said  city 
may  by  executive  order  continue  in  full  force  and  effect  the 
provisions  of  section  one  for  the  fiscal  year  of  the  city  of 
Boston  beginning  January  first,  nineteen  hundred  and  forty- 
five  and  ending  December  thirt^^-first,  nineteen  hundred  and 
forty-five;  provided,  that,  if  said  mayor  shall  modify  the 
amount  of  emergency  compensation  allotment  paid  during 
said  last  mentioned  period  to  those  officials  and  employees 
of  the  city  of  Boston  or  the  county  of  Suffolk  whose  salaries 
are  not  determined  or  limited  by  any  provision  of  general 
or  special  law,  then  an  equal  amount  shall  be  allowed  and 
paid  to  every  official  or  employee  of  the  city  of  Boston  or 
the  county  of  Suffolk  described  in  section  one. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved,  March  14,  19J,5. 


C hap. lOQ  An   Act  validating   a   certain   special  town   meetinc; 
OF  the  town  of  hopkinton  held  in  the  current  year. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  acts  and  proceedings  of  the  town  of 
Ilof)kinton  ixi  a  special  town  meeting  lield  on  February 
Iwelfth  in  the  current  year,  and  all  acts  done  in   pursuance! 


Acts,  1945.  —  Chaps.  107,  108.  81 

thereof,  are  hereby  confirmed  and  made  valid,  to  the  same 
extent  as  if  the  said  meeting  had  been  called,  held  and  con- 
ducted in  strict  compHance  with  law. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  IJ^,  1945. 


An  Act  validatinc  a  zoning  ordinance  ok  the  city  ok  (^JKinAOl 

REVERE. 

He  it  enacted,  etc.,  as  folloivs: 

Section  1.  A  certain  measure  entitled  "Zoning  Ordi- 
nance of  the  City  of  Revere",  passed  to  be  ordained  by  the 
city  council  of  the  city  of  Revere  on  July  tenth,  nineteen 
hundred  and  twenty-nine,  and  approved  by  the  mayor  of 
said  city  on  July  twelfth,  nineteen  hundred  and  twenty- 
nine,  is  hereby  validated  and  confirmed  as  an  ordinance  of 
said  city  if  and  in  so  far  as  it  is  invalid  by  reason  of  failure 
to  comply  with  the  provisions  of  law  relating  to  the  publi- 
(iation  of  such  ordinance. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  14,  1945. 


An   Act  relative  to  overlay  dekicits  in  the  city  ok  ('l,(in\()^ 

boston. 

He  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  two  hundred  and  twenty-five  of  the 
acts  of  nineteen  hundred  and  forty-one  is  hereby  amended 
by  striking  out  section  four  and  inserting  in  place  thereof 
the  following  section :  —  Section  4-  The  assessors  of  said 
city,  for  the  purpose  of  avoiding  fractional  divisions  of  the 
amount  to  be  assessed  in  the  apportionment  thereof  and 
providing  for  abatements  granted  on  account  of  taxes  as- 
sessed, shall  add  to  the  amount  to  be  assessed,  in  each  of 
the  years  nineteen  hundred  and  forty-one  and  nineteen 
hundred  and  forty-two,  an  overlay  of  four  per  cent  thereof, 
and  in  each  year  thereafter,  until  all  loans  issued  under 
authority  of  said  section  one  of  this  act  and  of  section  one 
of  chapter  two  hundred  and  thirty-five  of  the  acts  of  nineteen 
hundred  and  thirty-eight,  are  paid,  an  overlay  of  not  less 
than  three  per  cent  thereof;  provided,  that  should  the 
amounts  authorized  to  be  borrowed  under  said  section  one 
of  this  act,  or  of  said  section  one  of  said  chapter  two  hun- 
dred and  thirty-five,  be  inadequate  for  the  purposes  speci- 
fied in  section  two  of  this  act  and  in  section  two  of  said 
chapter  two  hundred  and  thirty-five,  respectively,  or  should 
the  amount  which  said  assessors  are  authorized,  under  this 
section,  to  add  to  the  amount  to  be  assessed  be  inadequate, 
in  any  year,  for  the  purposes  specified  in  this  section,  said 
assessors  shall  add  to  the  amount  to  be  assessed  in  the  fol- 


82  Acts,  1945.  —  Chaps.  109,  110. 

lowinti  year  such  additional  anioiint  as  may  be  required  fully 
(o  meet  all  of  such  purposes. 

The  provisions  of  this  section,  requirinj^  an  overlay  of 
four  per  cent  in  each  of  the  years  nineteen  hundred  and 
forty-one  and  nineteen  hundred  and  fortj'-two,  and  an  over- 
lay of  not  less  than  three  per  cent  in  each  year  thereafter 
until  all  loans  issued  under  authority  of  said  section  one  of 
said  chapter  two  hundred  and  thirty-five  are  paid,  are  in 
substitution  for  and  not  in  addition  to  the  provisions  of 
section  four  of  said  chapter  two  hundred  and  thirty-five. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  14',  1945. 


(7/0/;. J  09  An  Act  making  certain  laws  relative  to  cold  stor- 
age WAREHOUSES  INAPPLICABLE  TO  LOCKER  PLANTS,  SO 
CALLED 

Re  it  enacted,  etc.,  as  follows: 

KdV'sI*^'^'  Chapter    ninety-four    of    the    General    Laws    is    hereby 

newVesA,        amended  by  inserting  after  section  sixty-six  the  following 
inaerte(.  scction I  —  Scction  66 A.     Neither  the  provisions  of  section 

tiontTnor"  sixty-six  which  require  licensees  maintaining  cold  storage  or 
\!!^k\T^lnn\i  refrigerating  warehouses  to  make  reports  to  the  department 
of  public  health  nor  the  provisions  of  section  seventy  or 
sevent3'-one  shall  apply  with  respect  to  articles  of  food  re- 
ceived or  stored  in  any  locker  in  any  such  warehouse.  The 
word  "locker",  as  used  in  this  section,  shall  mean  any  sepa- 
rate and  individual  compartment  in  any  such  warehouse, 
having  a  capacity  of  not  more  than  twenty-five  cubic  feet, 
which  is  provided  for  use  by  an  individual  under  lease  or 
otherwise  for  the  sole  purpose  of  storing  or  freezing  articles 
of  food  owned  by  him  and  intended  for  use  and  consump- 
tion by  him  or  his  famil3^  Approved  March  14,  194^. 


CJKtp.Wi)  An  Act  relative  to  the  trustees  of  a  fund  for  the 

BENEFIT  OF  CERTAIN  PERSONS  WHO  CONSTITUTED  COMPANY 
F,  SIXTH  INFANTRY,  MASSACHUSETTS  NATIONAL  GUARD  ON 
APRIL  SIXTH,   NINETEEN  HUNDRED  AND  SEVENTEEN. 

lie  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  one  hundred  and  fortj^-five  of  the 
acts  of  nineteen  hundred  and  twenty-nine  is  hereby  amended 
by  striking  out  section  one  and  inserting  in  place  thereof 
the  following  section:- — Section  1.  The  Marlborough  co- 
operative bank  is  hereby  authorized  and  directed  to  transfer 
all  funds,  consisting  of  matured  shares,  now  in  its  possession 
and  standing  in  the  name  of  Co.  F,  Sixth  Regiment,  M.  V.  M., 
to  three  residents  of  the  city  of  Marlborough  to  be  designated 
l)y  the  adjutant  general  of  the  commonwealth  to  act  as 
t rustees  of  said  fund,  and  thereupon  ■  all  liability  of  said 
bank  in  relation  to  said  funds  shall  terminate.     Said  funds 


Acts,  1945.  —  Chap.  111.  83 

or  the  proceeds  of  said  matured  shares  shall  be  held  by  said 
trustees  or  their  successors  in  office,  hereinafter  referred 
to  as  said  trustees,  for  the  benefit  of  the  officers  and  enlisted 
men  who  constituted  company  F,  sixth  infantry,  Massa- 
chusetts national  guard  on  April  sixth,  nineteen  hundred 
and  seventeen.  Said  trustees  shall  from  time  to  time  dis- 
burse said  funds  among  such  officers  and  men,  but  only  in 
accordance  with  regulations  to  be  made  by  said  trustees, 
subject  to  the  approval  of  the  adjutant  general.  In  the 
event  of  a  vacancy  in  the  office  of  trustee  of  said  fund, 
whether  caused  by  death,  disability  or  otherwise,  the  adju- 
tant general  shall  designate  from  the  residents  of  said  city 
of  Marlborough  a  successor  trustee,  who  shall  have  and 
exercise  all  the  powers  and  privileges,  and  shall  be  subject 
to  all  the  duties  and  obligations,  of  a  trustee  originally 
designated  hereunder.  Upon  the  termination  of  said  trust, 
the  trustees  then  in  office  shall  transmit  to  the  adjutant 
general  all  books,  records  and  papers  in  their  possession 
relating  to  the  administration  of  said  trust. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  14,  1945. 


An  Act  relative  to  loans  by  a  savings  bank  to  its  (JJiap  111 

TRUSTEES. 

Be  it  enacted,  etc.,  as  follows: 

Section  twenty-nine  of  chapter  one  hundred  and  sixty-  g.  l.  (Ter. 
eight  of  the  General  Laws,  as  amended  by  section  twelve  foij.'iuf,' 
of  chapter  three  hundred  and  thirt^'-four  of  the  acts  of  nine-  amended. 
teen  hundred  and  thirty-three,  is  hereby  further  amended 
by  inserting  after  the  word  "to",  in  the  twentieth  line, 
the  words :  —  loans  to  trustees  of  the  corporation  who 
hold  no  other  office  therein,  or  to,  —  so  as  to  read  as 
follows :  —  Section  29.  No  president,  treasurer,  member  Loans  to 
of  a  board  of  investment,  or  officer  of  such  corporation  forbtlffen'!*''' 
charged  with  the  duty  of  investing  its  funds,  shall  borrow 
or  use  any  portion  thereof,  be  surety  for  loans  to  others 
or,  directly  or  indirectly,  whether  acting  individually  or 
as  trustee  holding  property  in  trust  for  another  person, 
be  an  obligor  for  money  borrowed  of  the  corporation;  and 
if  such  member  or  officer,  either  individually  or  as  trustee 
holding  property  in  trust  for  another  person,  becomes  the 
owner  of  real  estate  upon  which  a  mortgage  is  held  by  the 
corporation,  his  office  shall  become  vacant  at  the  expiration 
of  sixty  days  thereafter  unless  he  has  ceased  to  be  the  owner 
of  the  real  estate  or  has  caused  said  mortgage  to  be  dis- 
charged or  assigned.  No  such  corporation  shall  make  a 
loan  to  any  of  its  employees.  This  section  shall  not  apply 
to  loans  held  by  such  corporation  on  June  eighth,  nineteen 
hundred  and  eight,  or  to  renewals  thereof,  or  to  the  deposit 
of  money,  as  provided  in  section  fifty-four,  in  banks  or 
trust  companies  of  which  one  or  more  trustees  or  officers 


84 


Acts,  1945.  —  Chaps.  112,  113. 


of  such  corporation  are  directors,  or  to  loans  to  trustees 
of  the  corporation  who  hold  no  other  office  therein,  or  to 
loans  on  deposit  boolcs  made  under  section  fifty-one  A. 

Approved  March  14,  1945. 


Chap. 112  An  Act  authorizIxNtg  the  repeal  of  certain  provisions 

OF   THE    CHARTER    OF   THE    CITY    OF    QUINCY    IMPOSING    RE- 
STRICTIONS  RELATIVE   TO   THE    ERECTION    OF   A   CITY   HALL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  twenty-one  of  chapter  three  hun- 
dred and  forty-seven  of  the  acts  of  eighteen  hundred  and 
eighty-eight  is  hereby  repealed. 

Secti0x\  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance during  the  current  year  by  a  two  thirds  vote  of  the 
city  council  of  the  city  of  Quincy,  with  the  approval  of  the 
mayor,  but  not  otherwise.  Approved  March  14,  1945. 


Chap. lis  An  Act  further  defining  stillborn  children  for  the 

PURPOSES   OF   VITAL   STATISTICS. 


G.  L.  (Ter. 
Ed.),  46, 
§  9,  etc., 
.amended. 


Certificates 
for  stillborn 
children. 

"Stillborn" 
defined. 


Be  it  enacted,  etc.,  as  follows: 

Section  nine  of  chapter  forty-six  of  the  General  Laws,  as 
amended  by  chapter  one  hundred  of  the  acts  of  nineteen 
hundred  and  thirty-six,  is  hereby  further  amended  by 
striking  out,  in  the  twenty-first  and  twenty-second  lines, 
the  words  "five  months"  and  inserting  in  place  thereof  the 
words :  —  twenty  weeks,  —  so  as  to  read  as  follows :  —  Sec- 
tion 9.  A  physician  or  registered  hospital  medical  officer 
shall  forthwith,  after  the  death  of  a  person  whom  he  has 
attended  during  his  last  illness,  at  the  request  of  an  under- 
taker or  other  authorized  person  or  of  any  member  of  the 
family  of  the  deceased,  furnish  for  registration  a  standard 
certificate  of  death,  stating  to  the  best  of  his  knowledge  and 
belief  the  name  of  the  deceased,  his  supposed  age,  the  disease 
of  which  he  died,  defined  as  required  by  section  one,  where 
same  was  contracted,  the  duration  of  his  last  illness,  when 
last  seen  alive  by  the  physician  or  officer  and  the  date  of 
his  death.  A  physician  or  officer  attending  at  the  birth 
of  a  child  dying  immediately  thereafter,  or  a  physician  or 
officer  attending  at  the  birth  of  a  child  born  dead,  shall 
forthwith  furnish  for  registration  a  certificate,  stating  that 
to  the  best  of  his  knowledge  and  belief  such  child  either 
died  immediately  after  birth  or  was  born  dead.  Both  the 
birth  and  death  of  such  child  shall  be  recorded  and,  if  it  was 
born  dead,  the  word  "stillborn",  shall  be  entered  in  both 
the  record  of  birth  and  death.  A  stillborn  child  shall  be 
deemed  to  be  a  foetus  born  after  a  period  of  gestation  of 
not  less  than  twenty  weeks,  in  which  foetus  there  is  no  at- 
tempt at  respiration,  no  action  of  heart  and  no  movement 


Acts,  1945.  —  Chaps.  114,  115.  85 

of  voluntary  muscle.  A  physician  or  any  such  officer  neglect- 
ing or  refusing  to  make  such  certificate  or  making  a  false 
statement  therein  shall  forfeit  not  more  than  fifty  dollars. 

Approved  March  14,  1945. 


An  Act  relative  to  limitations  upon  investments  by  Chap. IIA 

SAVINGS  BANKS  IN  CERTAIN  STATE,  MUNICIPAL  OR  CORPO- 
RATE INTEREST  BEARING  OBLIGATIONS  MADE  ELIGIBLE  FOR 
INVESTMENT  BY  ACTION  OF  THE  COMMISSIONER  OF  BANKS 
ON  REQUEST  OF  THE  MUTUAL  SAVINGS  CENTRAL  FUND,  INC. 

Be  it  enacted,  etc.,  as  follows: 

Clause   Fifteenth   of   section   fifty-four   of   chapter   one  g  l.  (Ter. 
hundred  and  sixty-eight  of  the  General  Laws,  as  amended  §'54,' etc..' 
by  section  nine  of  chapter  four  hundred  and  thirteeti  of  the  a^mended. 
acts  of  nineteen  hundred  and  forty-one,  is  hereby  further 
amended  by  striking  out  subdi\dsion  (d)  and  inserting  in 
place  thereof  the  following  subdivision :  — 

(d)  Subject  to  the  limitations  upon  amounts  that  may  investment 
be  invested  in  obligations  referred  to  in  clauses  Third,  umited.^ 
Fifth  D  and  Sixth  A,  respectively,  not  more  than  five 
per  cent  of  the  deposits  of  any  such  bank  shall  be  invested 
in  the  obligations  made  legal  under  subdivision  (c)  of  this 
clause,  nor  shall  more  than  one  half  of  one  per  cent  of  such 
deposits  be  invested  in  any  one  such  obligation. 

Approved  March  I4,  1945. 


An  Act  relative  to  limitations  upon  the  total  lia-  Chav.Wb 

BILITY  OF  one  BORROWER  ON  MORTGAGES  TO  A  CO-OPERA- 
TIVE   BANK. 

Be  it  enacted,  etc.,  as  follows: 

Section  thirty-six  A  of  chapter  one  hundred  and  seventy  g.  l.  (Ter. 
of  the  General  Laws,  inserted  by  section  one  of  chapter  f  aijA^etc., 
two  hundred  and  ninety-three  of  the  acts  of  nineteen  hun-  amended. 
dred  and  forty-one,  is  hereby  amended  by  adding  at  the  end 
the   following :  —  ,   or   to   loans   upon   property   purchased 
from  the  corporation;    and  provided,  further,  that  all  the 
loans  to  any  one  borrower  b}^  any  such  corporation,  other 
than  loans  upon  property  purchased  from  the  corporation, 
and  upon  matured  or  paid-up  shares,  shall  not  exceed  the 
limit  on  one  borrower's  liability  established  by  this  section, 
or  that  established  by  section  sixteen,  whichever  is  greater, 
—  so  that  the  last  paragraph  will  read  as  follows :  — 

The  aggregate  amount  of  such  loans  to  any  one  borrower  Aggregate 
by   an}'-  such  corporation  shall  not  exceed  ten  thousand  fo™nsto°^ 
dollars  or  one  per  cent  of  the  aggregate  amount  of  all  loans  f,"^j.°^gr 
secured  by  mortgages  of  real  estate  held  by  such  corpora-  limited. 
tion,  whichever  is  greater,  but  in  no  event  shall  such  ag- 
gregate amount  of  such  loans  to  any  one  borrower  by  any 
such  corporation  exceed  fifty  thousand  dollars;    provided. 


86  Acts,  1945  —  Chaps.  116,  117. 

that  the  conditions  contained  in  this  paragraph  shall  not 
apply  to  any  loan  the  real  estate  securing  which  has  been 
sold  to  a  bona  fide  purchaser  who  is  deemed  by  such  cor- 
poration to  be  a  responsible  person  and  who  has  agreed  in 
writing  with  such  corporation  to  assume  payment  of  the 
note  according  to  its  terms  and  to  comply  with  and  perform 
the  conditions  of  the  mortgage,  or  to  loans  upon  property 
purchased  from  the  corporation;  and  provided,  further,  that 
all  the  loans  to  any  one  borrower  by  any  such  corpora- 
tion, other  than  loans  upon  property  purchased  from  the 
corporation,  and  upon  matured  or  paid-up  shares,  shall 
not  exceed  the  limit  on  one  borrower's  liability  established 
by  this  section,  or  that  established  by  section  sixteen, 
whichever  is  greater.  Approved  March  14,  1945. 


Chap. 116  An  Act  further  regulating  assessments  to  be  made 

BY      the      co-operative      CENTRAL      BANK      ON      MEMBER 
BANKS. 

Be  it  enacted,  etc.,  as  foUoivs: 

Section  one  of  chapter  seventy-three  of  the  acts  of  nine- 
teen hundred  and  thirty-four,  as  most  recently  amended  by 
section  two  of  chapter  two  hundred  and  twenty-seven  of 
the  acts  of  nineteen  hundred  and  thirty-nine,  is  hereby 
further  amended  by  striking  out  the  fifth  sentence,  as  ap- 
pearing in  section  two  of  chapter  two  hundred  and  forty- 
four  of  the  acts  of  nineteen  hundred  and  thirty-eight, 
and  inserting  in  place  thereof  the  following  sentence:  —  On 
July  first,  nineteen  hundred  and  forty-five,  and  on  July 
first  of  each  year  thereafter  while  a  member  bank,  such 
bank  shall  pay  to  the  corporation  an  annual  assessment 
equal  to  one  twelfth  of  one  per  cent  of  its  share  liabilities 
and  notes  payable  as  shown  by  its  last  preceding  annual 
report  to  the  commissioner.         Approved  March  14,  194-5. 


Cha]). 117  An    Act    authorizing    the    transfer    of    two    certain 

PARCELS  OF  LAND  IN  THE  CITY  OF  HOLYOKE  FROM  THE 
PARKS  AND  RECREATION  DEPARTMENT  TO  THE  SCHOOL 
COMMITTEE  OF  SAID  CITY. 

Be  it  enacted,  etc.,  as  foUoivs: 

Section  1.  The  parks  and  recreation  department  of 
the  city  of  Holyoke  is  hereby  authorized  to  transfer,  free 
from  all  restrictions,  to  the  school  committee  of  said  city 
two  certain  parcels  of  land  in  said  city  acquired  for  park 
or  other  recreational  purposes  and  bounded  and  described 
as  follows :  — 

Parcel  number  one.  Stalling  at  a  poini  on  the  westerlj^ 
side  of  Northampton  street,  said  point  being  the  northeast 
corner  of  the  property  now  or  formerly  of  Dillon  and  the 
southeast  corner  of  land  of  the  city  of  Holyoke,   parks 


Acts,  1945.  —  Chap.  118.  87 

and  recreation  department;  thence  running  westerly  at  an 
included  angle  of  94* — 04',.  a  distance  of  99.87  feet  to  a 
point;  thence  running  westerly  at  an  included  angle  of 
192° — 10',  a  distance  of  817  feet,  more  or  less,  to  a  point; 
thence  running  northerly  a  distance  of  388  feet,  more  or 
less,  to  the  point  of  curve  of  the  southerly  line  of  Dwight 
street  extension  at  station  115+70.89  of  said  Dwight  street 
extension ;  thence  easterly  along  the  southerly  line  of  Dwight 
street  extension  and  along  the  westerly  line  of  Northampton 
street  to  the  point  of  beginning. 

Parcel  7iumher  two.  Starting  at  a  point  on  the  westerly 
side  of  Northampton  street  at  the  southeast  corner  of  land 
now  or  formerly  of  Thomas  J.  and  Helen  McCarthy;  thence 
running  westerh^  along  the  southerly  line  and  northerly 
along  the  westerly  line  of  said  property  of  Thomas  J.  and 
Helen  McCarthy  and  thence  northerly  along  the  westerly 
line  of  property  now  or  formerly  of  George  T.  and  Winifred 
Reardon  to  a  point  on  the  southerly  side  line  of  the  East- 
hampton  road;  thence  westerly  along  the  southerly  line  of 
the  Easthampton  road  to  a  stone  bound  thereon  located 
about  373  feet  westerly  from  the  west  line  of  Northamp- 
ton street;  thence  running  southerly  along  a  line  directed 
towards  a  point  on  the  center  line  of  Dwight  street  extension 
located  400  feet  westerly  from  the  center  line  of  Northamp- 
ton street,  a  distance  of  275  feet  to  a  point;  thence  westerly 
along  a  line  parallel  to  the  center  line  of  Dwight  street 
extension,  a  distance  of  110  feet  to  a  point;  thence  southerly 
along  a  line  at  right  angles  to  the  center  line  of  Dwight  street 
extension  a  distance  of  73  feet,  more  or  less,  to  a  point 
on  the  northerly  side  line  of  said  Dwight  street  extension; 
thence  easterly  along  the  northerly  side  line  of  Dwight 
street  extension  and  northerly  along  the  westerly  side  line 
of  Northampton  street  to  the  point  of  beginning. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  15,  1945. 

An  Act  changing  the  title  of  the  office  of  court  C/iaw.118 

OFFICER  AND  CONSTABLE  IN  THE  PENAL  INSTITUTIONS 
department  of  the  city  of  boston  to  the  OFFICE  OF 
COMMITMENT  AND  TRANSFER  OFFICER  AND  AUTHORIZING 
THE   PLACING  OF  SAID  OFFICE  UNDER  CIVIL  SERVICE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Each  office  of  court  officer  and  constable  in 
the  penal  institutions  department  of  the  city  of  Boston  shall 
hereafter  be  known  as  the  office  of  commitment  and  transfer 
officer  in  the  penal  institutions  department  of  the  city  of 
Boston. 

Section  2.  Each  office  of  commitment  and  transfer 
officer  e.stablished  by  this  act  shall,  upon  the  effective  date 
thereof,  become  subject  to  the  civil  service  laws  and  rules 
and  regulations,  and  the  tenure  of  office  of  any  incumbent 


8^  Acts,  1945. —  Chaps.  119,  120. 

thereof  shall  be  unlimited,  subject,  however,  to  said  laws,, 
but  each  of  the  persons  holding  the  office  of  court  officer 
and  constable  in  the  penal  institutions  department  of  the 
city  of  Boston  immediately  [jrior  to  said  effective  date  shall 
be  subjected  by  the  division  of  civil  service  to  a  non-com- 
petitive qualifying  examination  for  the  office  of  commitment 
and  transfer  officer  established  by  this  act,  and  if  he  passes 
said  examination  he  shall  be  certified  for  said  office  and  shall 
be  deemed  to  be  permanently  appointed  thereto  without 
being  required  to  serve  any  probationary  period. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  16,  1943. 


Chap.119  An  Act  relating  to  the  chief  engineer  of  the  ware 

FIRE    DISTRICT   NUMBER   ONE. 

Be  it  enacted,  etc. ,  as  follows: 

Section  1.  The  chief  engineer  of  the  Ware  Fire  District 
Number  One  in  office  at  the  time  of  the  acceptance  of 
chapter  forty-five  of  the  acts  of  nineteen  hundred  and 
thirty-eight  by  said  district  shall  be  deemed  to  be  the  chief 
of  the  fire  department  referred  to  in  said  act  and  the  ac- 
ceptance of  said  act  by  the  district  shall  be  considered  to 
have  extended  tenure  of  office,  so  called,  to  the  said  chief 
engineer  in  his  said  capacity  as  chief  of  the  fire  department. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  15,  1945. 


Chap.120  An  Act  relative  to  recording  notices  issued  by  the 

COURT  on  petitions  TO  AUTHORIZE  FORECLOSURE  OF 
MORTGAGES  IN  WHICH  SOLDIERS  AND  SAILORS  MAY  BE 
INTERESTED,   AND  SEIZURES  OF  PROPERTY  THEREUNDER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  fifty-seven  of  the 
acts  of  nineteen  hundred  and  forty-three  is  herebj^  amended 
by  striking  out  the  last  paragraph  and  inserting  in  place 
thereof  the  following  paragraph :  — 

The  publication  of  a  copy  of  said  notice  once  not  less 
than  twenty-one  days  before  the  return  day  in  a  newspaper 
designated  by  the  court,  and  the  mailing  of  a  copy  thereof 
by  registered  mail  not  less  than  fourteen  days  before  the 
return  day  to  each  defendant  nam.ed  in  the  bill,  shall  be 
sufficient  service  of  said  notice,  unless  the  court  otherwise 
orders,  provided  however  that  prior  to  the  return  day  fixed 
in  said  notice,  or  within  such  further  time  before  decree 
as  the  coLU"t  may  allow,  a  copy  thereof  shall  be  recorded 
in  each  registry  of  deeds  and  city  or  town  clerk's  office  in 
which  such  mortgage  is  recorded. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  16,  1946. 


Acts,  1945.  —  Chaps.  121,  122.  89 

An  Act  authorizing  the  county  commissioners  of  the  (J]i(ij)  \2\ 

COUNTY    OF   NORFOLK   TO    PROVIDE   ADDITIONAL   FACILITIES 
AT  THE  NORFOLK  COUNTY  HOSPITAL  IN   BRAINTREE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  To  provide  additional  facilities  at  the  Nor- 
folk Count}^  Hospital  at  Braintree,  the  county  commission- 
ers of  Norfolk  county  are  hereby  authorized  to  construct 
additions,  make  alterations  to  any  of  the  existing  buildings 
of  said  hospital,  furnish  and  equip  the  same,  and  may  expend 
therefor  a  sum  not  exceeding  three  hundred  and  ninety 
thousand  dollars. 

Section  2.  For  the  purposes  aforesaid,  the  treasurer 
of  said  county,  with  the  approval  of  the  county  commis- 
sioners, may  borrow  from  time  to  time  upon  the  credit  of 
the  county  such  sums  as  may  be  necessary,  not  exceeding, 
in  the  aggregate,  three  hundred  and  ninety  thousand  dollars, 
and  may  issue  notes  or  bonds  of  the  county  therefor,  which 
shall  bear  on  their  face  the  words,  Norfolk  County  Hospital  « 

Loan,  Act  of  1945;  and  such  notes  or  bonds  shall  be  pay- 
able in  not  more  than  twenty  years  from  their  dates.  Each 
authorized  issue  shall  constitute  a  separate  loan.  Such  notes 
or  bonds  shall  be  signed  by  the  treasurer  of  the  county  and 
countersigned  by  a  majoritj-  of  the  county  commissioners. 
Such  securities  may  be  sold  at  public  or  private  sale  upon 
such  terms  and  conditions  as  the  said  treasurer  and  county 
commissioners  may  deem  proper,  but  not  for  less  than  their 
par  value.  Indebtedness  under  this  act  shall,  except  as 
herein  provided,  be  subject  to  chapter  thirty-five  of  the 
General  Laws.  All  sums  necessary  to  meet  interest  pay- 
ments on  notes  or  bonds  issued  under  this  act  and  payments 
on  account  of  principal  as  the  same  mature  shall  be  assessed 
upon  the  twenty-six  towns  and  one  city  of  said  county 
constituting  the  Norfolk  coimty  hospital  district,  with  other 
assessments  made  under  section  eighty-five  of  chapter  one 
hundred  and  eleven  of  the  General  Laws,  as  amended. 

Approved  March  15,  1945. 


An  Act  relative  to  the  maintenance  of  a  bridge  by'  (JJiqj)  ^22 
syxvania  electric  products  inc.  over  barton  square  ' 

in   the    city    of   SALEM. 

Be  it  enacted,  etc.,  asfolloivs: 

Section  1.  Upon  petition,  and  after  seven  days'  notice 
inserted  in  at  least  one  newspaper  published  in  the  city  of 
Salem,  and  a  public  hearing  thereon,  the  city  council  of 
said  city,  by  a  two  thirds  vote,  with  the  approval  of  the 
mayor,  may  grant  and  issue  a  permit  to  Sylvania  Electric 
Products  Inc.,  a  corporation  duly  established  and  existing 
under  the  laws  of  the  commonwealth,  its  successors  and 
assigns,  to  maintain  a  bridge  over  Barton  square,  a  public 
highway  in  said  city,  at  a  point  where  said  corporation 


90  Acts,  1945. —  Chap.  123. 

leases  portions  of  two  buildings  on  opposite  sides  of  said 
way,  for  the  purpose  of  connecting  said  buildings,  said 
bridge  having  been  erected  pursuant  to  authority  of  the 
city  council  and  approval  of  the  mayor  of  said  city,  as 
authorized  by  the  governor  by  Executive  Order  No.  65, 
dated  December  thirty-first,  nineteen  hundred  and  forty- 
three.  Said  permit  shall  be  granted  upon  the  condition  of 
such  leasing  and  occupancy  by  Sylvania  Electric  Products 
Inc.  and  upon  such  further  conditions  and  subject  to  such 
restrictions  as  said  city  council  may  prescribe.  Any  permit 
granted  hereunder  may  be  revoked  by  said  city  council 
with  the  approval  of  said  mayor. 

Section  2.  Any  structure  maintained  under  a  permit 
granted  as  aforesaid  shall  be  maintained  in  such  manner 
that  the  bottom  chord  shall  not  be  less  than  thirty-four 
feet  above  the  grade  line  of  said  way;  said  structure  shall 
not  be  more  than  four  feet,  six  inches  in  width,  and  no  part 
of  said  structure  or  its  support  shall  rest  on  the  surface  of 
the  way,  nor  shall  any  such  structure  be  maintained  over 
any  portion  of  said  way  not  owned  in  fee  by  said  Sylvania 
Electric  Products  Inc.  without  written  consent  of  the  owner 
of  such  portions  in  each  instance,  filed  with  said  city  council. 
Such  consent  of  the  city  of  Salem,  if  and  when  necessary, 
may  be  given  by  vote  of  the  said  city  council  with  the 
approval  of  the  mayor. 

Section  3.  If  a  traveler  on  the  highway  while  in  the 
exercise  of  due  care  sustains  bodily  injury  or  damage  in 
his  property  by  reason  of  the  maintenance  of  said  structure, 
he  may  recover  damages  therefor  in  an  action  of  tort  brought 
in  the  superior  court  against  said  Sylvania  Electric  Products 
Inc.,  or  its  successors  or  assigns,  within  one  year  after  the 
date  of  such  injury  or  damage;  provided,  that  such  notice 
of  the  time,  place  and  cause  of  the  said  injury  or  damage 
be  given  to  said  Sylvania  Electric  Products  Inc.,  or  its 
successors  or  assigns,  by,  or  on  behalf  of,  the  person  or 
persons  sustaining  the  same  as  is,  under  the  provisions  of 
chapter  eighty-four  of  the  General  Laws,  valid  and  sufficient 
in  cases  of  injury  or  damage  sustained  by  reason  of  a  defect 
or  a  want  of  repair  in  or  upon  a  way,  if  such  defect  or  want 
of  repair  is  caused  by  or  consists  in  part  of  snow  or  ice,  or 
both.  The  remedy  herein'  provided  shall  not  be  exclusive, 
but  shall  be  in  addition  to  any  other  remedy  provided  by 
law.  Approved  March  15,  194o. 


Chap.l2S  An  Act  relative  to  the  powers  of  the  county  com- 
missioners OF  MIDDLESEX  COUNTY,  ACTING  AS  THE 
WALDEN    POND    STATE   RESERVATION    COMMISSION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  four  hundred  and  ninety-nine  of 
the  acts  of  nineteen  hundred  and  twenty-two  is  hereby 
amended  by  striking  out  section  three  A,  inserted  by  section 


Acts,  1945.  —  Chap.  124.  91 

one  of  chapter  twenty-six  of  the  acts  of  nineteen  hundred 
and  twenty-five,  and  inserting  in  place  thereof  the  follow- 
ing :  —  Section  3 A .  Said  commission  may  make  rules  and 
regulations  for  the  government  of  the  said  reservation  in- 
cluding the  waters  of  Walden  pond,  for  the  use  of  said 
reservation  and  for  the  use  of  said  waters  for  the  purpose  of 
boating  and  bathing.  The  commission  shall  cause  such 
rules  and  regulations  to  be  posted  in  the  reservation  and 
shall  also  cause  the  same  to  be  pubHshed  at  least  three 
times  in  one  or  more  newspapers  published  in  said  county, 
and  such  posting  and  publication  shall  be  sufficient  notice 
to  all  persons.  The  sworn  certificate  of  smy  one  of  the  said 
commissioners  or  of  their  clerk  of  such  posting  and  publish- 
ing shall  be  prima  facie  evidence  thereof.  Whoever  violates 
any  rule  or  regulation  made  hereunder  shall  be  punished  by 
fine  not  exceeding  twenty  dollars. 

Section  2.  Nothing  in  this  act  shall  be  construed  to 
prohibit  fishing  between  the  hours  of  one  half  hour  before 
sunrise  and  two  hours  after  sunset,  between  April  fifteenth 
and  July  thirty-first,  inclusive,  in  each  year,  from  a  boat 
or  canoe  or  from  the  shore,  except  from  that  portion  of  the 
shore  set  aside  as  a  public  bathing  beach.  Said  commission 
is  hereby  authorized  to  regulate  the  use  of  outboard  motors 
and  sail  and  motor  boats  on  said  pond,  but  shall  have  no 
power  under  this  act  to  regulate  the  use  of  boats  propelled 
by  muscular  power,  except  from  that  portion  of  the  shore 
set  aside  as  a  public  bathing  beach.  Said  commission  shall 
provide  reasonable  access  to  and  from  said  pond  for  the 
owners  of  boats  or  canoes  for  the  purpose  of  transporting 
the  same  for  use  in  fishing. 

Section  3.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  the  county  commissioners  of  Middlesex  county; 
provided,  that  such  acceptance  occurs  prior  to  December 
thirty-first  in  the  current  year,  but  not  otherwise. 

Approved  March  16,  194^. 


An  Act  authorizing  cities  and  towns  to  appropriate  Chav.V24: 

MONEY    FOR   A    STABILIZATION    FUND. 

7)6  a  enacted,  etc.,  as  folloios: 

Chapter  forty  of  the  General  Laws  is  hereby  amended  EdVio^*^"^' 
by  inserting  after  section  five  A,  as  amended  by  chapter  new  '§  sb, 
thirty-four  of  the   acts   of  nineteen   hundred   and   thirty-  '°^«'"*®<*- 
seven,  the  following  section:  —  Section  5B.     For  the  pur-  Appropna- 
pose  of  creating  a  stabilization  fund  cities  and  towns  may  8'tabiifz°ation 
appropriate  in  any  year  an  amount  not  exceeding  five  per  ^""'^8. 
cent  of  the  amount  raised  in  the  preceding  year  by  taxation 
of  real  estate  and  tangible  personal  property  or  such  larger 
amount  as  may  be  approved  by  the  Emergency  Finance 
Board  established  under  section  one  of  chapter  forty-nine 
of   the   acts  of  nineteen   hundred   and   thirty-three.     The 
aggregate  amount  in  the  fund  at  any  time  shall  not  exceed 


92  Acts,  1945.  —  Chap.  125. 

forty  per  cent  of  the  amount  raised  by  taxation  of  real 
estate  and  tangible  personal  property  in  the  year  next  prior 
to  that  in  which  an  appropriation  for  a  stabiUzation  fund 
is  first  voted.  Any  interest  shall  be  added  to  and  become  a 
part  of  the  fund. 

The  treasurer  shall  be  the  custodian  of  the  fund  and  may 
deposit  the  proceeds  in  national  banks  or  invest  the  pro- 
ceeds by  deposit  in  savings  banks  or  trust  companies  organ- 
ized under  the  laws  of  the  commonwealth,  or  invest  the 
same  in  such  securities  as  are  legal  for  the  investment  of 
funds  of  savings  banks  under  the  laws  of  the  commonwealth. 

The  stabilization  fund  may  be  appropriated,  in  a  town 
at  an  annual  town  meeting  by  a  two  thirds  vote  and  in  a 
city  by  a  two  thirds  vote  of  the  city  council,  for  any  purpose 
for  which  the  town  or  city  would  be  authorized  to  borrow 
money  under  section  seven  or  eight  of  chapter  forty-four 
or  for  such  other  municipal  purpose  as  is  approved  by  said 
emergency  finance  board.  Said  board,  in  addition  to  the 
powers  and  duties  otherwise  conferred  or  imposed  upon  it, 
is  authorized  to  perform  the  further  duties  imposed  by  this 
section.    . 

The  members  of  the  board  aforesaid  when  acting  under 
this  section  shall  receive  from  the  commonwealth  compen- 
sation to  the  same  extent  as  provided  for  services  under 
section  one  of  chapter  seventy-four  of  the  acts  of  the  current 
year.  Approved  March  Id,  1943. 


Chap. 125  An  Act  relative  to  the  use  and  operation  of  motor 

VEHICLES  ON  LANDS,  ROADW^AYS  AND  PARKWAYS  UNDER 
THE  CARE  AND  CONTROL  OF  THE  DEPARTMENT  OF  CON- 
SERVATION. 

Be  it  enacted,  etc.,  as  folloios: 

EiV  9o'"§  IS  Section  eighteen  of  chapter  ninety  of  the  General  Laws, 
ameAded.  '  as  appearing  in  the  Tercentenary  Edition,  is  hereby  amended 
by  inserting  after  the  word  "commission"  in  the  seventeenth 
line  the  words :  —  or  of  the  department  of  conservation,  — 
Special  speed  SO  as  to  read  as  follows:  —  Section  IS.  The  city  council 
for  m^oto""  or  the  selectmen  and  park  commissioners,  on  ways  within 
vehicles.  their  control,  may  make  special  regulations  as  to  the  speed 

of  motor  vehicles  and  as  to  the  use  of  such  vehicles  upon 
particular  ways,  and  may  prohibit  the  use  of  such  vehicles 
altogether  on  certain  ways;  provided,  that  no  such  special 
regulation  shall  be  effective  unless  it  shall  have  been  pub- 
lished in  one  or  more  newspapers,  if  there  be  any,  published 
in  the  town  in  which  the  way  is  situated,  otherwise  in  one 
or  more  newspapers  published  in  the  county  in  which  the 
town  is  situated;  nor  unless  notice  of  the  same  is  posted 
conspicuously  by  the  town  or  park  commissioners  making 
the  regulation  at  points  where  any  way  affected  thereby 
joins  other  ways;  nor  until  after  the  department  of  public 
works  shall  have  certified  in  writing,  after  a  public  hearing, 


Acts,  1945. —  Chaps.  126,  127.  93 

that  such  regulation  is  consistent  with  the  pubHc  interests; 
and  no  regulation  shall  be  valid  which  excludes  motor 
vehicles  from  any  state  highway  or  from  any  main  highway 
leading  from  any  town  to  another;  provided,  that  nothing 
herein  contained  shall  be  construed  as  affecting  the  right 
of  the  metropolitan  district  commission  or  of  the  department 
of  conservation  to  make  rules  and  regulations  governing 
the  use  and  operation  of  motor  vehicles  on  lands,  roadways 
and  parkways  under  its  care  and  control.  The  aldermen 
or  the  selectmen  may,  after  a  public  hearing,  upon  special 
occasions  and  subject  to  such  regulations  concerning  the 
closing,  use  and  control  of  the  way  as  they  deem  necessary 
for  public  convenience  and  safety,  grant  permits  to  persons 
to  drive  motor  vehicles  in  hill-climbing  contests  during  a 
specified  time  and  upon  specified  parts  of  a  public  way  at 
any  rate  of  speed.  Approved  March  16,  1945. 


An  Act  relative  to  the  acceptance  of  an  act  author-  CIiap.126 

IZING  THE  TOW^N  OF  DENNIS  TO  RECEIVE  AND  ADMINISTER 
THE  PROPERTY  OF  THE  WEST  DENNIS  CEMETERY  CORPORA- 
TION  IN    SAID    TOWN. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  seventy-four  of  the  acts  of  nine- 
teen hundred  and  forty-three  is  hereby  amended  by  striking 
out  section  four  and  inserting  in  place  thereof  the  following 
section:  —  Section  4-  This  act  shall  take  full  effect  upon 
its  acceptance  by  a  majority  of  the  registered  voters  of  the 
town  of  Dennis  voting  thereon  at  any  town  meeting  of  said 
town  held  prior  to  the  year  nineteen  hundred  and  forty- 
seven,  but  not  otherwise.  Approved  March  15,  1945. 


An  Act  postponing  the  date  upon  which  certain  acts  Chap. '[27 

RELATIVE   TO   STATE   WIDE   VERIFICATION   OF   VOTING   LISTS 
SHALL    BE    PERFORMED. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  four  hundred  and  fifty  of  the  acts 
of  nineteen  hundred  and  thirty-nine  is  hereby  amended  by 
striking  out  section  one,  as  amended,  and  inserting  in  place 
thereof  the  following  section :  —  Section  1 .  The  registrars  of 
voters  or  officers  under  special  laws  performing  like  duties 
in  each  city  and  town,  in  this  act  called  registrars,  shall, 
between  June  first  in  the  year  nineteen  hundred  and  forty- 
eight  and  December  thirty-first  in  the  j^ear  nineteen  hun- 
dred and  forty-nine,  verify  the  voting  lists  and  certify  them 
as  required  by  section  three  of  this  act,  and  for  this  purpose 
may  appoint  such  temporary  assistant  registrars  as  may  be 
necessary. 

Section  2.  Said  chapter  four  hundred  and  fifty  is  hereby 
further  amended  by  striking  out  section  two,  as  amended, 


94  Acts,  1945. —  Chap.  127. 

and  inserting  in  place  thereof  the  following  section :  —  Sec- 
tion 2.  The  state  secretary  shall,  on  or  after  June  fii*st  in 
the  year  nineteen  hundred  and  forty-eight,  at  the  expense 
of  the  commonwealth,  furnish  to  the  registrars  of  each  city 
and  town  such  filing  or  other  equipment  and  such  number 
of  registration  forms  or  cards,  hereinafter  called  cards,  as 
may  be  necessary  to  carry  out  this  act.  Such  cards  shall  be 
known  as  registration  record  cards  and  shall  be  of  such  size 
and  form  as  the  state  secretary  ma}'  determine,  and  shall 
have  printed  thereon  the  schedule  as  provided  for  the  general 
register  under  section  thirty-six  of  chapter  fifty-one  of  the 
General  Laws,  together  with  the  following: 

Sex. 

The  city  or  town  where  last  previousl}^  registered,  if  any. 

Date  of  birth. 

Height. 

Such  cards  containing  all  facts  required  by  the  foregoing 
shall  be  signed  by  each  voter  whose  name  appears  on  any 
nineteen  hundred  and  fifty  voting  list  and  by  each  appli- 
cant for  registration  on  or  after  December  first  in  the  year 
nineteen  hundred  and  forty-eight.  Such  cards  shall  be 
used  at  polling  places  for  the  purpose  of  identification  of 
voters  after  January  first,  nineteen  hundred  and  fifty.  The 
signature  on  such  card  of  the  applicant  for  registration  or 
the  voter  shall  be  made,  under  the  penalties  of  perjury,  in 
the  presence  of  a  registrar,  or  assistant  registrar,  who  shall 
affix  his  name  thereto. 

Section  3.  Said  chapter  four  hundred  and  fifty  is  hereby 
further  amended  by  striking  out  section  three,  as  amended, 
and  inserting  in  place  thereof  the  following  section :  —  &ec- 
tion  3.  Upon  the  completion  of  the  verification  of  the 
voting  list,  but  in  no  event  later  than  December  thirty- 
first  in  the  year  nineteen  hundred  and  forty-nine,  the  regis- 
trars shall  file  with  the  mayor  in  cities  or  the  selectmen  in 
towns,  as  the  case  may  be,  the  following  certificate :  — 

We,  the  registrars  of  voters  or  election  commissioners  of 
the  city  (or  town)  of  '  do  hereby  certify  that  we 

have  verified  the  list  of  registered  voters  in  the  city  (or 
town),  as  required  by  chapter  four  hundred  and  fifty  of  the 
acts  of  nineteen  hundred  and  thirty-nine,  as  amended,  as  of 
November  first,  nineteen  hundred  and  forty-nine. 

Section  4.  Section  four  of  said  chapter  four  hundred 
and  fifty,  as  amended,  is  hereby  further  amended  b}'  striking 
out,  in  the  second  fine,  the  word  "  forty -seven  "  and  inserting 
in  place  thereof  the  word :  —  fifty,  —  so  as  to  read  as  fol- 
lows:—  Section  4-  On  January  first,  nineteen  hundred  and 
fifty,  the  registrars  shall  revise  the  general  register  and 
the  annual  register  compiled  under  section  thirty-seven  of 
chapter  fifty-one  of  the  General  Laws  as  affected  by  this 
act  and  strike  therefrom  the  names  of  all  persons  who  have 
not  signed  the  registration  record  cards  as  provided  in  this 
act;  provided,  that  there  shall  not  be  stricken  from  said 
registers  the  name  of  any  person  unless  such  person  shall, 


Acts,  1945.  —  Chaps.  128,  129.  95 

not  less  than  thirty  days  prior  to  such  action,  have  been 
notified  by  the  registrars  by  mail  of  his  failure  to  sign  the 
registration  record  card  and  informed  of  the  procedure  to 
be  followed  in  order  to  have  his  name  retained  on  said 
registers,  nor  unless  such  person  shall  have  been  given  a 
reasonable  opportunit}'  to  follow  said  procedure. 

Approved  March  15,  1945. 


An  Act  relative  to  the  old  ladies'  home  association,  CJiap. 128 

OF   HAVERHILL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  three  of  chapter  one  hundred  and 
forty  of  the  acts  of  eighteen  hundred  and  fifty-six  and  chapter 
eighty-seven  of  the  acts  of  eighteen  hundred  and  eighty- 
nine  are  hereb}^  repealed. 

Section  2.  Notwithstanding  any  provisions  to  the 
contrarj^  in  section  one  of  chapter  one  hundred  and  forty 
of  the  acts  of  eighteen  hundred  and  fifty-six,  the  Old  Ladies' 
Home  Association,  of  Haverhill,  shall  have  and  may  exercise 
all  the  powers  and  privileges  granted  to  similar  corporations 
incorporated  under  any  provision  of  chapter  one  hundred 
and  eighty  of  the  General  Laws. 

Approved  March  15,  1945. 


An  Act  relative  to  the  salaries  of  the  mayor  and  the  Qliaj)  129 

MEMBERS  OF  THE  CITY  COUNCIL  OF  THE  CITY  OP  QUINCY.  I   '    " 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  mayor  of  the  city  of  Quincy  shall  receive 
for  his  services  such  salary,  not  exceeding  six  thousand  dol- 
lars, as  the  city  council  shall  by  ordinance  determine  and 
shall  receive  no  other  compensation  from  the  city.  The 
council,  by  a  two  thirds  vote  of  all  its  members  taken  by 
yeas  and  nays,  may  establish  a  salary  for  its  members  not 
exceeding  one  thousand  dollars  each.  Action  may  be  taken 
hereunder  notwithstanding  any  provision  of  chapter  forty- 
three  of  the  General  Laws  to  the  contrary. 

Section  2.  This  act  shall  be  submitted  for  acceptance 
to  the  qualified  voters  of  the  city  of  Quincy  at  the  regular 
municipal  election  in  the  current  year  in  the  form  of  the 
following  question,  which  shall  be  placed  upon  the  official 
ballot  to  be  used  at  said  election:  —  "Shall  an  act  passed 
by  the  general  court  in  the  current  year,  entitled  'An  Act 
relative  to  the  salaries  of  the  mayor  and  the  members  of  the 
city  council  of  the  city  of  Quincy',  be  accepted?"  If  a 
majority  of  the  votes  cast  on  said  question  is  in  the  affirma- 
tive, this  act  shall  thereupon  take  full  effect;  otherwise  it 
shall  be  of  no  effect.  Approved  March  15,  1945. 


96  Acts,  1945,  —  Chaps.  130,  131,  132. 


Chap. 130  A-N  Act  providing  a  charge  for  a  certificate  given  in 

CASES    OF    PAYMENT    OF    TAXES    BY    PERSONS    OTHER    THAN 
OWNERS    OF   THE    FEE. 

Be  it  enacted,  etc.,  as  follows: 
G-jL.  (Ter.^^        Chapter  sixty  of  the  General  Laws  is  hereby  amended 
amended.      '    by  Striking  out  section  sixty,  as  appearing  in  the  Tercentenary 
Edition,  and  inserting  in  place  thereof  the  following  sec- 
Payment  of       tlon :  —  Sectton  60.    If  a  person  other  than  the  owner  of  the 
persoil'other      fee  rightfully  pays  the  taxes  assessed  on  land  to  the  collector 
o'f'fpe"''"'^'^       or  treasurer,  before  a  taking  or  sale,  the  collector  or  treas- 
urer shall  at  the  request  of  the  person  so  paying  give  him  a 
certificate  of  such  payment  stating  the  name  of  the  person 
to  whom  the  land  is  taxed,  of  the  person  paying  the  tax, 
and  a  substantially  accurate  description  of  the  land.    Such 
collector  or  treasurer  shall  charge  one  dollar  for  each  certifi- 
cate so  issued,  and  the  money  so  received  shall  be  paid 
into  the  town  treasury.    Such  certificate  being  recorded  in  the 
registry  of  deeds  within  thirty  days  from  its  date  shall  jbe 
notice  to  all  persons  of  such  payment  and  of  the  lien  therefor. 
A  person  whose  tax  is  paid  by  another  shall  upon  repaying 
the  same  have  the  same  right  to  recover  it  from  the  town, 
if  illegally  assessed,  which  he  would  have  had  if  the  tax  had 
been  paid  by  him  under  written  protest. 

Approved  March  15,  1945. 


Chap. 131  An  Act  removing  from  civil  service  the  positions  of 

CALL   firemen   IN   THE  TOWN   OF  ANDOVER   WITH   RESPECT 
TO   APPOINTMENTS   THERETO   HEREAFTER   MADE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  civil  service  laws,  and  the  rules  and 
regulations  made  thereunder,  shall  not  appl}^  to  positions  of 
call  firemen  in  the  town  of  Andover  which  are  to  be  filled 
after  the  effective  date  of  this  act. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  vote  of  a  majority  of  the  registered  voters  of 
said  town  present  and  voting  thereon  at  an  annual  town 
meeting,  but  not  otherwise.       Approved  March  15,  1945. 


Chap. 132  An  Act  providing  for  the  enforcement  of  certain 
provisions  of  law  relating  to  firearms  and  other 
dangerous  weapons,  and  ammunition  therefor,  by 
officers  charged  with  the  enforcement  of  the 
fish  and  game  laws. 

Be  it  enacted,  etc.,  as  follows: 

G.  h.  (Ter.  Sectiou  oue  hundred  and  thirty  of  chapter  one  hundred 

U36/^°'  and  forty  of  the  General  Laws,  as  appearing  in  the  Ter- 
centenary Edition,  is  hereby  amended  by  adding  at  the 
end  the  following  sentence :  —  The  officers  specially  charged 


ampn<lo( 


Acts,  1945. —  Chap.  133.  97 

with  the  enforcement  of  chapter  one  hundred  and  thirty-one 
shall  take  cognizance  of  violations  of  this  section  and  enforce 
the  provisions  thereof,  and  they  shall  have  all  powers  neces- 
sary therefor,  —  so  as  to  read  as  follows:  —  Section  130.  Penalty  for 
Whoever  sells  or  furnishes  to  a  minor  under  the  age  of  fifteen  fireL"ms^to' 
or  to  an  unnaturalized  foreign-born  person  any  firearm,  air  ^l^o""  °'' 
gun  or  other  dangerous  weapon  or  ammunition  therefor, 
or  whoever  sells  or  furnishes  to  any  minor  fifteen  years  of 
age  or  over  who  does  not  possess  and  display  a  license  then 
in  force  to  carry  a  pistol  or  revolver  issued  to  him  under 
section  one  hundred  and  thirty-one  ammunition  for  any 
firearm  as  defined  in  section  one  hundred  and  twenty-one, 
shall,  except  as  provided  by  section  one  hundred  and  twenty- 
eight,  be  punished  by  a  fine  of  not  less  than  one  hundred  nor 
more  than  five  hundred  dollars;  but  instructors  and  teachers 
may  furnish  military  weapons  to  pupils  for  instruction  and 
drill.  The  officers  specially  charged  with  the  enforcement  of 
chapter  one  hundred  and  thirty-one  shall  take  cognizance  of 
violations  of  this  section  and  enforce  the  provisions  thereof, 
and  they  shall  have  all  powers  necessary  therefor. 

Ay-proved  March  15,  1945.  , 


Chap.lSS 


21, 


An  Act  making  certain  minor  perfecting  changes 
IN  the  general  law^s  relative  to  the  school  attend- 
ance AND   employment  OF  CHILDREN  UNDER  SIXTEEN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  twenty-one  of  chapter  seventy-one  g.  l.  (Ter. 
of  the  General  Laws,  as  appearing  in  the  Tercentenary  amended.^ 
Edition,  is  hereby  amended  by  striking  out,  in  the  fifth 
line,  the  word  "certificates"  and  inserting  in  place  thereof 
the  words :  —  permits  described  in  section  one  of  chapter 
one  hundred  and  forty-nine,  —  and  by  inserting  after  the 
word  "chapter"  in  the  eighth  line  the  words:  —  three  hun- 
dred and  eleven,  —  so  as  to  read  as  follows:  —  Section  21.  Continuation 
Every  town  which  has  accepted  chapter  three  hundred  and  courses  of 
eleven  of  the  General  Acts  of  nineteen  hundred  and  nine-  '"«*'""''tio"- 
teen,  and  in  which,  in  any  year,  two  hundred  or  more  minors 
under  sixteen  are  employed  not  less  than  six  hours  per  day 
by  authority  of  employment  permits  described  in  section 
one  of  chapter  one  hundred  and  forty-nine  or  home  permits 
described  in  section  one  of  chapter  seventy-six,  exclusive 
of  minors  employed  only  during  vacations,  shall,  except  as 
otherwise  pro\dded  in  this  section,  and  any  other  town 
which  has  accepted  said  chapter  three  hundred  and  eleven, 
may,  through  its  school  committee,  local  board  of  trustees 
for  vocational  education,  or  both,  establish  at  the  beginning 
of  the  next  school  year  and  maintain  continuation  schools 
or  courses  of  instruction  for  the  education  of  such  minors, 
and  for  such  others  as  maj^  be  required  to  attend  under 
section  twenty-five.  The  said  schools  or  courses  shall  be  in 
session  the  same  number  of  weeks  in  each  year  as  the  local 


98 


Acts,  1945.  —  Chap.  133. 


G.  I>.  (Ter. 
Ed.).  71, 
§  54,  etc., 
amended. 


Physical 
examination' 
of  pupils,  etc. 


G.  L.  (Ter. 
Kd.),  149, 
§  I,  etc., 
amended. 


"Employment 
permit", 
definition  of. 


G.  L.  (Ter. 
Ed.),  149, 
§  70,  etc., 
amended. 

Fee  for 
badges  for 
newsboys. 


high  schools,  and  the  sessions  shall  be  between  the  hours  of 
eight  in  the  morning  and  five  in  the  afternoon  of  any  work- 
ing days  except  Saturday.  If  in  a  town  required  to  estab- 
lish continuation  schools  or  courses  under  this  section,  after 
examination  of  the  records  required  to  be  kept  under  sec- 
tions eighty-six  and  eighty-nine  of  chapter  one  hundred 
and  forty-nine,  it  appears  that  in  each  of  two  consecutive 
years  the  number  of  employed  minors  described  above  falls 
below  two  hundred,  the  school  committee  of  said  town  may 
apply  to  the  department  for  exemption  from  the  provisions 
of  this  section,  and,  if  specifically  exempted  by  the  depart- 
ment under  conditions  defined  by  it,  said  town  shall  be 
deemed  to  have  come  under  the  permissive  provisions  of 
this  section  and  shall  so  remain  until  two  hundred  or  more 
such  minors  in  any  year  are  employed  therein. 

Section  2.  Section  fifty-four  of  said  chapter  seventy- 
one,  as  amended  by  section  one  of  chapter  two  hundred 
and  sixty-five  of  the  acts  of  nineteen  hundred  and  tliirty- 
eight,  is  hereby  further  amended  by  striking  out,  in  the 
ninth  line,  the  word  "certificate"  and  inserting  in  place 
thereof  the  word :  —  permit,  —  so  as  to  read  as  follows :  — 
Section  S/f.  Every  school  physician  shall  make  a  prompt 
examination  of  all  children  referred  to  him  as  provided  in 
this  chapter,  and  such  further  examination  of  teachers,  jani- 
tors and  school  buildings  as  in  his  opinion  the  protection  of 
the  health  of  the  pupils  may  require.  Every  such  physician 
who  is  assigned  to  perform  the  duty  of  examining  children 
who  apply  for  health  certificates  shall  make  a  prompt  ex- 
amination of  every  child  who  wishes  to  obtain  an  employ- 
ment permit,  as  provided  in  section  eighty-seven  of  chapter 
one  hundred  and  forty-nine,  and  who  presents  to  said  phy- 
sician the  pledge  or  promise  of  the  employer,  as  provided 
in  said  section;  and  the  physician  shall  certify  in  writing 
whether  or  not  in  his  opinion  such  child  is  in  sufiiciently 
sound  health  and  ph3^sically  able  to  perform  the  work  de- 
scribed in  said  pledge  or  promise. 

Section  3.  Section  one  of  chapter  one  hundred  and  forty- 
nine  of  the  General  Laws,  as  amended,  is  hereby  further 
amended  by  striking  out  the  paragraph  inserted  by  section 
four  A  of  chapter  four  hundred  and  sixty-one  of  the  acts  of 
nineteen  hundred  and  thirty-nine,  and  inserting  in  place 
thereof  the  following :  — 

"Employment  permit"  or  "permit  for  employment", 
shall  include  any  permit  required  by  an}^  provision  of  this 
chapter,  in  order  to  enable  a  child  to  be  employed  in  any 
employment  as  herein  defined,  or  in  domestic  service  or 
service  on  a  farm,  or  at  home,  or  in  an  employment  co- 
operating in  a  co-operative  course. 

Section  4.  Said  chapter  one  hundred  and  forty-nine 
is  hereby  further  amended  by  striking  out  section  seventy, 
as  amended  by  chapter  ninety-four  of  the  acts  of  nineteen 
hundred  and  thirty-nine,  and  inserting  in  place  thereof  the 
following:  —  Section  70.     No  minor  under  sixteen  shall  en- 


Acts,  1945.  —  Chap.  133.  99 

gage  or  be  employed  in  any  of  the  trades  or  occupations 
mentioned  in  section  sixty-nine  unless  such  minor  complies 
with  all  the  provasions  of  sections  seventy-one,  seventy-two 
and  seventy-three  and  with  all  the  legal  requirements  con- 
cerning school  attendance,  and  unless  a  badge  has  been 
issued  to  such  minor  by  the  officer  authorized  to  issue 
employment  permits  in  tlie  cit}'  or  town  where  such  minor 
resides.  The  charge,  if  any,  for  such  a  badge  issued  to  such 
a  boy  engaged  or  employed  in  the  sale  of  newspapers  in  a 
street  shall  be  such  sum,  not  more  than  twenty-five  cents, 
as  shall  be  determined  by  the  officer  issuing  the  same. 

Section  5.     Section    seventy-one    of    said    chapter    one  g.  l.  crer. 
hundred  and  forty-nine,  as  appearing  in  the  Tercentenary  amended."  ^  '^^' 
Edition,  is  hereby  amended  by  striking  out,  in  the  fourth 
and  fifth  lines,  the  word  "certificate"  and  inserting  in  place 
thereof  the  word :  —  permit,  —  so  as  to  read  as  follows :  — 
Section  71 .     Such  badge  shall  not  be  issued  until  the  officer  issue  of 
issuing  the  same  shall  have  received,  examined,  approved  newsboys 
and  filed  evidence  that  such  boy  is  twelve  or  over,  which  regulated. 
shall  consist  of  the  proof  of  age  required  by  section  eighty- 
seven  for  the  issuing  of  an  employment  permit.    Such  officer 
may  refuse  to  issue  such  badge  to  any  boy  who  in  his  opin- 
ion, after  due  investigation,  is  found  physically  or  mentally 
incompetent  or  unable  to  do  such  work  in  addition  to  the 
regular  school  attendance  required  by  law. 

Section  6.     Section    eighty-eight    of    said    chapter    one  g.  l.  (Ter. 
hundred  and  forty-nine,  as  so  appearing,  is  hereby  amended  fis.'ame'nded. 
by  striking  out,  in  the  first  line,  the  words  "the  preceding 
section"  and  inserting  in  place  thereof  the  words:  —  section 
eighty-seven,  —  and  by  striking  out,  in  the  sixteenth  and 
nineteenth  lines,  the  word   "certificate"  and   inserting   in 
place  thereof,  in  each  instance,  the  word :  —  permit,  —  so  as 
to  read  as  follows :  —  Section  88.    The  school  record  required  ^f'^^^^l'^ 
bj'  section  eighty-seven  shall  be  filled  out  and  signed  by  the  employment 
principal  or  teacher  in  charge  of  the  school  which  the  child  ""ertificate. 
last  attended,  and  shall  be  furnished  only  to  a  child  who, 
after  due  examination  and  investigation,  is  found  to  be  en- 
titled thereto.    Said  school  record  shall  state  the  grade  last 
completed  by  such  child  and  the  studies  pursued  in  comple- 
tion thereof.    It  shall  state  the  number  of  days  during  which 
such  child  has  attended  school  during  the  twelve  months 
next  preceding  the  time  of  application  for  said  school  record. 
It  shall  also  give  the  name,  date  of  birth,  and  the  residence 
of  the  child  as  shown  on  the  records  of  the  school  and  the 
name  of  the  parent,  guardian  or  custodian.     If  the  school 
record  is  not  obtainable  from  the  principal  or  teacher  in 
charge  of  the  school  which  such  child  last  attended,  the  re- 
quirement of  a  school  record  may  be  waived. 

No  such  school  record  shall  be  issued  or  accepted  and 
no  employment  permit  granted  unless  the  child  possesses 
the  educational  qualifications  described  in  section  one  of 
chapter  seventy-six;  provided,  that  a  child  over  fourteen 
who  does  not  possess  such  qualifications  may  be  granted  a 


100 


Acts,  1945.  —  Chap.  133. 


G.  L.  (Ter. 

Ed.).  149, 

§  89,  amended. 


Contents  of 
employment 
certificate. 


limited  employment  permit  good  only  during  hours  when 
school  is  not  in  session. 

No  such  school  record  shall  be  issued  or  accepted  unless 
the  child  has  regularly  attended  the  public  or  other  law- 
fully approved  schools  for  not  less  than  one  hundred  and 
thirty  days  after  becoming  thirteen;  provided,  that  the 
school  record  may  be  accepted  in  the  case  of  a  person  who 
has  been  an  attendant  at  a  public  day  or  other  lawfulty 
approved  school  for  a  period  of  not  less  than  seven  years, 
if  in  the  opinion  of  the  superintendent  of  schools  such  person 
is  mentally  incapable  of  acquiring  the  educational  qualifi- 
cations herein  prescribed;  and  provided,  further,  that  the 
superintendent  may  suspend  this  requirement  in  any  case 
when  in  his  opinion  the  interests  of  the  child  will  best  be 
served  thereby. 

Section  7.  Said  chapter  one  hundred  and  forty-nine 
is  hereby  further  amended  by  striking  out  section  eighty- 
nine,  as  so  appearing,  and  inserting  in  place  thereof  the 
following  section :  —  Section  S9.  The  emplo3Tnent  permit 
required  under  this  chapter  shall  state  the  name,  sex,  date 
and  place  of  birth  and  the  place  of  residence  of  the  child, 
and  describe  the  color  of  his  hair  and  eyes  and  any  dis- 
tinguishing facial  marks.  It  shall  certify  that  the  child 
named  in  such  permit  has  personally  appeared  before  the 
person  issuing  the  permit  and  has  been  examined,  and, 
except  in  the  case  of  a  limited  permit,  found  to  possess  the 
educational  qualifications  described  in  section  one  of  chap- 
ter seventy-six,  and  that  all  the  papers  required  by  section 
eighty-seven  have  been  duly  examined,  approved  and  filed 
and  that  all  the  conditions  and  requirements  for  issuing 
an  employment  permit  have  been  fulfilled.  It  shall  state 
the  grade  last  completed  by  said  child.  Every  such  permit 
shall  be  signed  in  the  presence  of  the  person  issuing  the 
same  by  the  child  in  whose  name  it  is  issued.  It  shall  state 
the  name  of  the  employer  for  whom,  and  the  nature  of  the 
employment  in  which,  the  permit  authorizes  the  child  to  be 
employed.  It  shall  bear  a  number,  show  the  date  of  its 
issue  and  be  signed  by  the  person  issuing  it.  No  fee  shall 
be  exacted  by  a  town  clerk  or  other  official  for  an  employ- 
ment permit  or  for  any  paper  required  by  sections  eighty- 
seven  to  ninety-five,  inclusive.  No  duplicate  employment 
permit  shall  be  issued  until  it  shall  appear  to  the  satisfaction 
of  the  person  authorized  to  issue  permits  that  the  original 
has  been  lost.  A  record  giving  all  the  facts  contained  on 
every  employment  permit  issued  shall  be  filed  in  the  oflace 
issuing  the  same,  together  with  the  papers  required  by 
section  eighty-seven.  A  record  shall  also  be  kept  of  the 
names  and  addresses  of  all  children  to  whom  permits  have 
been  refused,  together  with  the  names  of  the  schools  which 
said  children  should  attend  and  the  reasons  for  refusal.  All 
the  aforesaid  records  and  papers  shall  be  preserved  until 
such  children,  if  living,  have  become  sixteen.  Such  records 
and  statistics  concerning  the  issuance  of  employment  per- 


Acts,  1945.  —  Chap.  133.  101 

mits  as  may  be  prescribed  by  the  department  of  education 
shall  be  kept,  and  shall  be  open  to  the  inspection  of  said 
department,  its  officers  or  agents.  The  blank  permits  and 
other  papers  required  in  connection  with  the  issuing  of 
employment  permits  and  educational  certificates  under  this 
chapter  shall  be  furnished  to  the  local  school  committees  by 
the  department  of  labor  and  industries,  by  which  they  shall 
be  prepared  after  conference  with  the  department  of  educa- 
tion and  the  approval  of  the  forms  thereof  by  the  attorney 
general.  Said  permits,  certificates  and  papers  may  bear  ex- 
planatory matter  necessary  to  facilitate  the  enforcement  of 
this  chapter  or  to  comply  with  future  legislative  requirements. 

Section  8.     Said  chapter  one  hundred  and  forty-nine  is  g.  I;.  (Tor. 
hereby  further  amended  by  strildng  out  section  ninety,  as  f,ti\a^a!  * ""' 
so  appearing,  and  inserting  in  place  thereof  the  following :  — 
Section  90.     Whoever  employs   a   child   under   sixteen,   or  Penalties  for 
whoever  procures,  or,  having  under  his  control  a  child  under  pioyme,u'of 
sixteen,  permits  him  to  be  employed  in  violation  of  section  '!^f^^^'''^^^^^^^^ 
eighty-six,  shall  be  punished  by  a  fine  of  not  less  than  ten  altering  em-  ' 
nor  more  than  fifty  dollars  or  by  imprisonment  for  not  cCTtificaTe,  etc. 
more  than  one  month;    and  whoever  continues  to  employ 
a  child  under  sixteen  in  violation  of  said  section,  after  being 
notified  thereof  by  a  supervisor  of  attendance  or  by  an 
inspector,  shall  for  ever}^  daj^  thereafter  while  such  employ- 
ment continues  be  punished  by  a  fine  of  not  less  than  fifty 
nor  more  than  two  hundred  dollars  or  by  imprisonment  for 
not  more  than  two  months;    and  whoever  forges,  or  pro- 
cures to  be  forged,  or  assists  in  forging  a  certificate  of  birth 
or  other  evidence  of  the  age  of  such  child,  and  whoever 
presents  or  assists  in  presenting  a  forged  certificate  or  evi- 
dence of  birth  to  the  superintendent  of  schools  or  to  a  person 
authorized  by  law  to  issue  permits,  for  the  purpose  of  fraud- 
ulently obtaining  the  employment  permit  required  by  sec- 
tion eight3--six,  shall  be  punished  hy  a  fine  of  not  less  than 
ten  nor  more  than  five  hundred  dollars  or  by  imprisonment 
for  not  more   than  one  year,   or  both.     Whoever,  being 
authorized  to  sign  an  employment  permit,  knowingly  cer- 
tifies  to   any  materially  false  statement   therein  shall  be 
punished  by  a  fine  of  not  less  than  ten  nor  more  than  two 
hundred  dollars.     Whoever,   without  authority,   alters  an 
employment  permit  after  the  same  is  issued  shall  be  pun- 
ished by  a  fine  of  ten  dollars. 

Section  9.     Section  ninety-five  of  said  chapter  one  hun-  g.  l.  (Ter. 
dred  and  forty-nine,  as  so  appearing,  is  hereby  amended  amendet?.'  ^  ^^' 
by  striking  out,  in  the  eleventh  line,  the  word  "certificates" 
and  inserting  in  place  thereof  the  word :  —  permits,  —  so 
that  the  first  paragraph  will  read  as  follows :  —  No  minor  Educational 
over  sixteen  and  under  twentj'-one  shall  be  employed  in  a  formrnor^i^ 
factory,  workshop,  manufacturing,  mechanical  or  mercantile  ^ggj^^^d^'"^' 
establishment,  or  in  a  public  or  private  bowling  alley,  pool  twenty-one. 
or  billiard  room,  bootblack  stand  or  establishment,  barber 
shop,  or  in  the  construction  or  repair  of  buildings,  or  by  an 
express  or  transportation  company,  except  as  provided  for 


102 


Acts,  1945.  —  Chap.  134. 


pupils  in  co-opprative  courses,  unless  his  employer  procures 
and  keeps  on  file  an  educational  certificate  showing  the  age 
of  the  minor  and  whether  or  not  he  meets  the  requirements 
for  the  completion  of  the  sixth  grade  of  the  public  schools 
of  the  town  where  he  resides.  Such  certificates  shall  be 
issued  by  the  person  authorized  by  section  eighty-seven  to 
issue  employment  permits.  The  person  authorized  to  issue 
such  educational  certificates  shall,  so  far  as  practicable, 
require  the  proof  of  age  stated  in  said  section.  He  shall 
examine  the  minor  and  certify  whether  or  not  he  meets 
the  requirements  for  the  completion  of  the  sixth  grade  as 
aforesaid.  Every  such  certificate  shall  be  signed,  in  the 
presence  of  the  person  issuing  it,  by  the  minor  in  whose 
name  it  is  issued.  Approved  March  15,  1945. 


G.  L.  (Ter. 
Ed.),  94A, 
§  13,  etc., 
amended. 


Information 
to  be  sup- 
plied by 
inilk  dealers 


(7m.7>.134  An  Act  relative  to  the  furnishing  to  the  milk  con- 
trol BOARD  OF  CERTAIN  INFORMATION  BY  LICENSED  MILK 
DEALERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  thirteen  of  chapter  ninety-four  A  of  the  General 
Laws,  inserted  therein  by  section  two  of  chapter  six  hundred 
and  ninety-one  of  the  acts  of  nineteen  hundred  and  forty- 
one,  is  hereby  amended  by  adding  at  the  end  the  two  follow- 
ing subsections :  — 

(e)  Except  as  to  markets  in  which  there  is  in  operation 
and  effect  an  order  or  regulation  issued  bj-^  the  legally  con- 
stituted authorities  of  the  United  States  regulating  the  mar- 
keting of  milk  in  such  markets,  and  except  as  to  markets 
in  which  there  is  in  operation  and  effect  an  order  issued 
by  the  board  regulating  the  marketing  of  milk  in  such 
markets  upon  a  market-wide  pool  basis,  each  milk  dealer 
Exceptions,  etc.  rcquircd  to  be  licensed  under  this  chapter,  except  a  milk 
dealer  eligible  for  exemption  under  subsection  (b)  of  section 
four,  shall,  within  such  period  as  the  board  by  order,  rule  or 
regulation  requires,  but  not  later  than  ten  days  after  the 
close  of  each  delivery  period  with  respect  to  milk  or  cream 
received  by  such  milk  dealer,  file  with  the  director,  in  detail 
and  form  approved  by  the  board,  a  report  as  follows :  — 

(1)  The  receipts  at  each  plant  from  producers,  including 
the  quantity,  if  any,  of  his  own  production; 

(2)  The  receipts  at  each  plant  from  any  other  milk  dealer, 
including  a  milk  dealer  who  is  also  a  producer; 

(3)  The  respective  quantities  of  milk  which  were  sold, 
distributed  or  used  within  each  market,  including  sales  to 
other  milk  dealers,  in  each  use  classification  established  by 
the  board. 

The  director  shall  compute  for  each  such  milk  dealer  who 
purchases  or  receives  milk  from  producers  on  the  composite 
or  on  a  base  rating  plan  the  percentage  of  milk  sold,  dis- 
tributed or  used  by  him  in  each  such  use  classification  and, 
notwithstanding  the  provisions  of  subsection  (d),  shall  an- 


Acts,  1945.  —  Chap.  135.  103 

nouncp  b>"  mail,  postage  prepaid,  to  all  such  milk  dealers 
and  to  all  milk  producers  associations  within  the  common- 
wealth the  results  of  such  computation,  and  the  minimum 
composite  price,  or  minimum  base  and  excess  prices  which 
on  the  basis  of  said  report  such  milk  dealer,  pursuant  to  the 
orders,  rules  and  regulations  of  the  board,  is  required  to  pay 
per  hundredweight  of  milk  containing  tliree  and  seven  tenths 
per  cent  butter  fat  content,  delivered  to  the  plant  of  such 
milk  dealer  by  producers  during  each  delivery  period. 

Such  announcement  shall  be  made  on  or  before  the  fifteenth 
day  after  the  end  of  each  deHvery  period.  If  any  such  milk 
dealer  receives  milk  from  producers  at  more  than  one  plant 
subject  to  the  provisions  of  this  subsection,  such  percentage 
and  such  minimum  price  or  prices  shall  be  separately  com- 
puted and  announced  by  the  director  for  each  such  plant. 

The  words  "delivery  period",  as  used  in  this  subsection, 
shall  mean,  with  respect  to  milk  dealers  who  buy  no  milk 
from  producers,  a  monthly  period  beginning  on  the  first 
day  of  each  month  and,  with  respect  to  all  other  milk  dealers, 
the  delivery  period  apphcable  to  such  milk  dealers  as  deter- 
mined by  order  of  the  board.  The  composite  plan  and  base 
rating  plan  referred  to  in  this  subsection  shall  mean  the 
composite  plan  and  base  rating  plan  as  determined  by  order 
of  the  board. 

(/)  Subsection  (e)  shall  be  construed  as  being  in  addition  How 
to  and  in  no  way  limiting  the  power  and  authority  of  the 
board  under  subsection  (6).         Approved  March  15,  1945. 


An  Act  authorizing  the  acquisition  by  boston  edison  Chap.lSb 

COMPANY,  FOR  ELECTRIC  TRANSMISSION  LINE  AND  OTHER 
PURPOSES,  OF  EASEMENTS  IN  LANDS  OWNED  AND  HELD 
BY  THE  CITY  OF  CAMBRIDGE  FOR  WATER  SUPPLY  PUR- 
POSES AND  LOCATED  IN  THE  TOWN  OF  LEXINGTON  AND 
IN   THE  CITY  OF  WALTHAM. 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.  The  city  of  Cambridge,  hereinafter  called 
the  city,  acting  by  its  city  manager  with  the  approval  of  a 
majority  of  its  city  council  and  of  the  department  of  public 
utilities,  may  sell  and  convey  to  Boston  Edison  Company, 
an  electric  company  organized  and  existing  under  the  laws 
of  the  commonwealth,  hereinafter  called  the  company,  per- 
petual rights  and  easements  for  the  transmission  of  electric 
current  and  for  telephone  and  signal  line  purposes  incidental 
thereto  under,  upon  and  over  such  portion  or  portions  of 
the  lands  situated  in  the  town  of  Lexington  and  in  the  city 
of  Waltham  which  were  taken  or  otherwise  acquired  by  the 
city  of  Cambridge  in  connection  with  the  water  supply  of 
the  city  as  may  be  approved  by  the  selectmen  of  said  town 
of  Lexington  and  the  city  council  of  said  city  of  Waltham 
with  respect  to  said  lands  situated  within  their  respective 
municipalities,  for  such  prices  and  upon  such  terms  and 


104  Acts,  1945.  —  Chaps.  136,  137. 

restrictions  for  the  continued  use  of  said  lands  in  connection 
with  and  for  the  protection  of  the  water  supply  of  the  city 
of  Cambridge  as  may  be  agreed  upon  by  the  city  manager 
of  the  city  and  by  the  company  and  approved  by  a  ma- 
jority of  the  city  council  of  the  city  and  the  department  of 
public  utilities. 

Section  2.  The  company,  acting  by  its  board  of  directors 
and  provided  it  has  obtained,  after  notice  and  pubhc  hear- 
ing, the  authorization  of  the  department  of  public  utilities 
and  the  approval  of  the  department  of  public  health,  may 
take  by  eminent  domain  under  chapter  seventy-nine  of  the 
General  Laws  perpetual  rights  and  easements  for  the  trans- 
mission of  electric  current  and  for  telephone  and  signal  line 
purposes  incidental  thereto  under,  upon  and  over  a  portion 
or  portions  of  the  lands  situated  in  the  town  of  Lexington 
and  in  the  city  of  Waltham,  which  were  taken  or  otherwise 
acquired  by  the  city  of  Cambridge  in  connection  with  the 
water  supply  of  the  city.  The  taking  or  takings  by  emi- 
nent domain,  authorized  herein,  shall  be  limited  to  such  an 
interest  in  lands  to  which  said  takings  relate  as  the  depart- 
ment of  public  health  shall  find  will  not  materially  interfere 
with  the  use  of  said  lands  in  connection  with  or  for  the 
protection  of  the  water  supply  of  the  city. 

Approved  March  19,  1945. 


ChapASQ  An  Act  prohibiting  assessors  from  holding  the  office 

OF    COLLECTOR   OF   TAXES. 

Be  it  enacted,  etc.,  as  follows: 
^•L-^(Ter.^^  SECTION  1.  Scction  twcnty-four  of  chapter  forty-one  of 
anipndoci.  "  '  the  General  Laws,  as  appearing  in  the  Tercentenary  Edi- 
tion, is  hereby  amended  by  adding  at  the  end  the  following 
paragraph :  — 
ofric's"^*^'''''  ^^  assessor  shall  not  hold  the  office  of  collector  of  taxes. 
^^^^^'^'  Section  2.     If  at  the  time  this  act  becomes  effective  a 

.jf  act.  person  holds  both  the  office  of  assessor  and  the  office  of 

collector  of  taxes,  the  office  held  by  him  as  assessor  shall 
thereupon  become  vacant.  Approved  March  19,  19Jf5. 


C]iap.lS7  An  Act  requiring  notice  to  the  commissioner  of  cor- 
porations AND  taxation  OF  CERTAIN  ABATEMENTS  BY 
THE   APPELLATE    TAX    BOARD. 


G.  L.  (Ter 
Ed.),  59 


Be  it  enacted,  etc.,  as  follows: 

Section  seventy-four  of  chapter  fifty-nine  of  the  General 
§"74,'  etc..  Laws,  as  most  recently  amended  by  section  three  of  chap- 
ainended.  ^^^  twcnty-four  of  the  acts  of  nineteen  hundred  and  thirty- 

nine,  is  hereby  further  amended  by  inserting  after  the  word 
"commissioners"    in   the   sixth    and    ninth   fines,    in   each 
instance,   the  words:  —  ,  appellate  tax  board,  —  so  as  to 
Notice  to         read  as  follows:  —  Section  74-     Whenever  an  abatement  is 

coniinis.sioner 


Acts,  1945.  —  Chaps.  138,  139.  105 

finally  made  to  any  corporation  taxable  under  chapter  of  certain 
sixty-tliree  upon  any  tax  assessed  by  the  assessors  of  any  abatements. 
town,  upon  or  in  respect  of  works,  structures,  real  estate, 
motor  vehicles,  trailers,  machinery,  poles,  underground 
conduits,  wires  and  pipes,  the  assessors,  commissioners, 
appellate  tax  board  or  court  granting  such  abatement  shall 
forthwith  notify  the  commissioner  thereof,  and  shall  state 
in  such  notice  what  sum  was  determined  by  such  assessors, 
commissioners,  appellate  tax  board  or  court  to  have  been 
the  full  and  fair  cash  value  of  such  works,  structures,  real 
estate,  machinery,  poles,  underground  conduits,  wires  and 
pipes  on  the  first  day  of  January  on  which  the  tax  so 
abated  was  originally  assessed  or  to  have  been  the  proper 
value  of  an}^  such  motor  vehicle  or  trailer  owned  by  such 
corporation  and  assessed  under  chapter  sixty  A. 

Approved  March  19,  1945. 


An   Act  relative  to  polling  hours  at  regular,  pre-  Chap. 1S8 

LIMINARV    AND    SPECIAL    CITY    ELECTIONS    IN    THE    CITY    OF 
LAWRENCE. 

Be  it  enacted,  etc.,  as  follows: 

The  hours  during  which  the  polls  at  every  regular,  pre- 
liminary and  special  city  election  in  the  city  of  Lawrence 
shall  be  open  shall  be  fixed  by  the  city  council  of  said  city 
in  accordance  with  the  provisions  of  the  General  Laws 
relating  to  polling  hours  at  city  elections,  notwithstanding 
any  provision  of  Part  II  of  chapter  six  hundred  and  twenty- 
one  of  the  acts  of  nineteen  hundred  and  eleven  or  any  act 
in  amendment  thereof  or  in  addition  thereto. 

Approved  March  19,  1945. 


An  Act  to  facilitate  voting  by  absent  voting  ballots  Phnr)  139 

AT  CERTAIN  REGULAR  MUNICIPAL  ELECTIONS  IN  THE  CITY 
OF  BOSTON  BY  RESIDENTS  OF  SAID  CITY  IN  THE  ARMED 
FORCES    OF    THE    UNITED    STATES    AND    BY    OTHERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  L  For  the  purposes  of  any  regular  municipal 
election  in  the  city  of  Boston  to  which  this  act  applies,  the 
following  provisions  of  law  shall  be  effective :  — 

(1)  Nomination  papers  of  candidates  for  election  at  any 
such  election  shall  be  issued  bj^  the  board  of  election  com- 
missioners on  and  after  but  not  before  the  twenty-third 
Tuesda}^  instead  of  the  eleventh  Tuesday,  preceding  such 
election. 

(2)  The  last  time  for  filing  nomination  papers  of  candi- 
dates for  election  at  any  such  election  shall  be  five  o'clock 
post  meridian  on  the  twentieth  Tuesday,  instead  of  on  the 
eighth  Tuesday,  preceding  such  election. 

(3)  The  time  for  completion  of  certification  of  signatures 


106  Acts,  1945.  —  Chap.  139. 

on  nomination  papers  of  candidates  for  election  at  any  such 
election  shall  be  five  o'clock  post  meridian  on  the  seventeenth 
Tuesday,  instead  of  on  the  thirty-fourth  day,  preceding 
such  election. 

(4)  The  last  time  for  filing  withdrawals  of  or  objections 
to  nominations  of  candidates  for  election  at  any  such  election 
shall  be  five  o'clock  post  meridian  on  the  sixteenth  Tuesday, 
instead  of  on  the  twenty-eighth  day,  preceding  such  election. 

(5)  The  last  time  for  filing  substitutions  to  fill  vacancies 
caused  by  withdrawal  or  ineligibility  of  candidates  for 
election  at  an}^  such  election  shall  be  five  o'clock  post  meri- 
dian on  the  sixteenth  Friday,  instead  of  on  the  twenty- 
seventh  day,  preceding  such  election. 

(6)  The  voting  list  of  the  year  preceding  that  in  which 
any  such  election  is  held,  as  amended  and  revised  up  to  and 
including  December  thirty-first  of  such  preceding  year, 
shall  be  used  for  the  certification  of  names,  on  nomination 
papers  of  candidates  for  election  at  such  election,  or  on 
petitions  or  other  papers  filed  for  the  purpose  of  placing 
questions  on  the  official  ballot  to  be  used  thereat;  provided, 
that,  if  the  name  of  anj^  person  whose  signature  is  referred 
to  in  the  following  sentence  cannot  be  found  on  the  voting 
list  of  such  preceding  year  but  is  found  on  the  voting  list 
of  the  then  current  year,  if  available,  such  name  may  be 
certified  hereunder.  Any  other  provision  of  law  to  the  con- 
trary notwithstanding,  persons  whose  signatures  appear 
on  such  nomination  papers,  petitions  or  other  papers  shall 
state  thereon  their  residence  as  of  January-  first  in  such 
preceding  year  and  their  present  residence. 

(7)  No  question  which,  under  the  provisions  of  any 
general  or  special  law,  is  required  to  be  placed  on  the  official 
ballot  to  be  used  at  such  an  election  upon  the  filing  of  a 
petition  or  other  paper  shall  be  placed  on  the  official  ballot 
to  be  used  thereat  unless  the  petition  or  other  paper  shall 
have  been  submitted  to  the  board  of  election  commissioners 
of  said  city  for  certification  of  the  names  thereon  on  or 
before  five  o'clock  post  meridian  on  the  twenty-second 
Tuesday  preceding  such  election  and  shall  have  been  filed 
in  compliance  with  law  on  or  before  five  o'clock  post  meri- 
dian on  the  twenty-first  Tuesday  preceding  such  election. 

(8)  The  provisions  of  section  ninety  of  chapter  fifty-four 
of  the  General  Laws  shall  not  be  operative. 

Section  2.  The  words  "armed  forces  of  the  United 
States"  as  used  in  this  act,  and,  for  the  purposes  of  any 
regular  nmnicipal  election  in  the  city  of  Boston  to  which 
this  act  applies,  the  words  aforesaid  as  used  in  chapter  three 
hundred  and  ninety  of  the  acts  of  nineteen  hundred  and 
forty-three,  shall  include  persons  serving  in  the  merchant 
marine  of  the  United  States,  and  persons  serving  in  the 
American  Red  Cross,  the  Society  of  Friends,  the  Women's 
Auxiliary  Service  Pilots  or  the  United  Service  Organizations 
and  attached  to  and  serving  with  such  armed  forces,  and 
shall  also  include  veterans  of  World  War  II,  so  called. 


Acts,  1945.  —  Chap.  139.  107 

Section  3.  The  board  of-  election  coinmissioners  of 
said  city  may  determine  and  prescribe  the  weight,  color 
and  kind  of  paper  to  be  used  for  absent  voting  ballots  and 
envelopes  and  accompanying  voting  instructions  to  be 
pro\ided  for  use  at  any  such  regular  municipal  election 
in  said  city  by  members  of  the  armed  forces  of  the  United 
States,  in  so  far  as  may  in  its  opinion  be  necessary  for  the 
purpose  of  facilitating  voting  by  absent  voting  ballots  by 
said  members  at  such  an  election  or  for  the  purpose  of  secur- 
ing the  necessary  paper  in  view  of  the  present  shortage, 
and  may  make  such  provision  for  the  mailing  and  delivery 
of  said  ballots  to  said  members  as  may  in  its  opinion  be 
necessary  for  such  purpose.  On  the  back  of  each  such 
ballot,  when  folded,  shall  be  printed  the  words,  "Official 
War  BaUot". 

Section  4.     Any  form  of  written  communication  from 
a  member  of  the  armed  forces  of  the  United  States  evidenc- 
ing a  desire  that  an  absent  voting  ballot  be  sent  to  him 
for  use  for  voting  at  any  such  regular  municipal  election 
in  said  city  shall  be  given  the  same  effect  as  an  application 
for  an  absent  voting  ballot  made  in  a  form  prescribed  by 
law,  and  any  such  communication,  whether  or  not  in  the 
form  of  an  application  so  prescribed,  shall,  if  such  member 
of  said  armed  forces  is  not  a  registered  voter,  also  be  given 
the  same  effect  as  an  application  for  his  registration  made 
by  kindred  in  compliance  with  chapter  three  hundred  and 
ninety  of  the  acts  of  nineteen  hundred  and  forty-three.    No 
such  communication  shall  be  adversely  acted  upon  except 
after  investigation  by  the  board  of  election  commissioners. 
Section  5.     Any  action   in   connection   with   voting  by 
absent  voting  ballots  which  maj'  lawfully  be  taken  under 
chapter  three  hundred  and  ninety  of  the  acts  of  nineteen 
hundred  and  forty-three  or  anj^  other  provision  of  law  by, 
before  or  in  the  presence  of  an  official  authorized  by  law  to 
administer  oaths  or  a  commissioned  officer  in  the  military 
or  naval  forces  of  the  United  States  or  by  a  clerk  of  a  court 
of  record  may,  in  the  case  of  voting  by  absent  voting  ballots 
by  members  of  the  armed  forces  of  the  United  States  at 
any  such  regular  municipal  election  in  said  city,  be  taken 
with  like  effect  by,  before  or  in  the  presence  of  anj-  com- 
missioned officer,   noncommissioned   officer  not  below  the 
rank  of  sergeant,  or  petty  officer,  in  the  military  or  naval 
forces  of  the  United  States,  or  by,  before  or  in  the  presence 
of  any  member  of  the  merchant  marine  of  the  United  States 
who  may  be  designated  by  the  Administrator  of  the  War 
Shipping  Administration  for  the  purpose  of  administering 
and  attesting  oaths  in  connection  with  voting  by  absent 
voting  ballots. 

Section  6.  No  mere  informality  in  the  manner  of 
carrying  out  any  provision  of  law  affecting  voting  by  absent 
voting  ballots  by  members  of  the  armed  forces  of  the  United 
States  at  any  such  regular  municipal  election  in  said  city 
shall  invalidate  such  election  or  constitute  sufficient  cause 


108  Acts,  1945.  —  Chap.  140. 

for  the  rejection  of  the  returns  thereof;  and  such  provisions 
shall  be  construed  liberall}-  to  effectuate  their  purposes. 
Section  7.  This  act  shall  take  effect  upon  its  passage, 
but  shall  not  apply  to  any  regular  municipal  election  held 
in  the  city  of  Boston  after  the  expiration  of  one  year  follow- 
ing the  termination  of  the  existing  states  of  war  between 
the  United  States  and  certain  foreign  countries. 

Approved  March  20,  1945. 


Chap. 140  An  Act  exempting  persons  serving  in  the  armed  forces 
OP  the  united  states  in  time  of  war  who  own  dogs, 

AND  the  keepers  OF  SUCH  DOGS,  FROM  PAYMENT  OF 
CERTAIN  LICENSE  FEES. 

proambir'  WkereGs,  The  license  fees  to  which  this  act  relate  fall  due 

on  April  first  in  the  current  3^ear,  therefore  this  act  is  de- 
clared to  be  an  emergency  law  necessary  for  the  immediate 
preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

EdV  ilo'^  Chapter  one  hundred  and  forty  of  the  General  Laws  is 

§' 137,  etc.,  hereby  amended  by  strildng  out  section  one  himdred  and 

amended.  thirty-seven,  as  amended,  and  inserting  in  place  thereof  the 

Licenses  following   section :  —  Section  137.      A    person    who    at    the 

and  collars  "^  jpi.  .      ^     .  ii- 

for  d(jss.  commencement  or  a  license  period  is,  or  who  during  any 

license  period  becomes,  the  owner  or  keeper  of  a  dog  three 
m.onths  old  or  over  which  is  not  duly  licensed,  and  the  owner 
or  keeper  of  a  dog  when  it  becomes  three  months  old  during 
a  license  period,  shall  cause  it  to  be  registered,  numbered, 
described  and  licensed  until  the  end  of  such  license  period, 
and  the  owner  or  keeper  of  a  dog  so  registered,  numbered, 
described  and  licensed  during  any  license  period,  in  order  to 
own  or  keep  such  dog  after  the  beginning  of  the  succeeding 
license  period,  shall,  before  the  beginning  thereof,  cause 
it  to  be  registered,  numbered,  described  and  licensed  for 
such  period.  The  registering,  numbering,  describing  and 
Hcensing  of  a  dog,  if  kept  in  Boston  shall  be  in  the  office  of 
the  police  commissioner  or  if  kept  in  any  other  town  in  the 
office  of  the  clerk  thereof. 

The  license  shall  be  in  a  form  prescribed  by  the  director, 
upon  a  blank  to  be  furnished,  except  in  the  county  of  Suffolk, 
by  the  county  in  which  the  town  is  located,  and  shall  be 
subject  to  the  condition  expressed  therein  that  the  dog 
which  is  the  subject  of  the  license  shall  be  controlled  and 
restrained  from  killing,  chasing  or  harassing  live  stock  or 
fowls.  The  owner  or  keeper  of  a  licensed  dog  shall  cause  it  to 
wear  around  its  neck  or  body  a  collar  or  harness  of  leather 
or  other  suitable  material,  to  which  shall  be  securely  at- 
tached a  tag  in  a  form  prescribed  by  the  director,  and  upon 
which  shall  appear  the  license  number,  the  name  of  the 
town  issuing  such  license  and  the  year  of  issue.  Such  tags 
shall  be  furnished  in  the  same  manner  as  the  license  blanks, 


Acts,  1945.  —  Chap.  141.  109 

and  if  any  such  tag  shall  be  lost  the  owner  or  keeper  of  such 
dog  shall  forthwith  secure  a  substitute  tag  from  the  town 
clerk  or,  in  Boston,  from  the  police  commissioner,  at  a  cost 
of  ten  cents  which,  if  received  by  a  town  clerk,  shall  be 
retained  by  him  unless  otherwise  provided  by  law.  This 
section  shall  not  apply  where  it  is  otherwise  provided  by 
law,  nor  shall  it  apply  to  a  person  having  a  kennel  license. 
In  the  case  of  a  dog  belonging  to  a  person  in  the  military 
or  naval  service  of  the  United  States  in  time  of  war,  the 
license  required  hereunder  shall  be  issued  free  of  charge 
to  the  owner  or  keeper  of  such  dog;  provided,  that  such 
license  shall  be  in  a  form  prescribed  by  the  director.  If 
such  license  is  for  a  female  dog  which  has  been  spayed  and 
has  thereby  been  deprived  of  the  power  of  propagation,  the 
certificate  required  under  section  one  hundred  and  thirty- 
nine  shall  be  filed  with  said  clerk  or  police  commissioner. 

Approved  Majxh  20,  19If.5. 


An  Act  relative  to  assignments  of  accounts  receiv-  CJurpA^l 

ABLE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  General  Laws  are  hereby  amended  by  o,  l.  (Xf-r. 
inserting  after  chapter  one  hundred  and  seven  the  following  JPhapterioTA, 
new  chapter: —  inserted. 

Chapter  107A. 

ASSKJNMENTS    OF   ACCOUNTS    RECEIVABLE. 

Section  1 .     For  the  purposes  of  this  chapter  the  following  Definitions. 
words,  unless  the  context  or  subject  matter  otherwise  re- 
quires, shall  have  the  following  meanings :  — 

"Account"  means  an  account  receivable.  It  includes 
sums  owing,  although  not  yet  payable,  under  an  existing 
contract,  but  not  sums  to  become  due  for  goods  not  yet 
completed  or  services  not  yet  rendered.  It  excludes  a 
judgment,  note,  draft,  acceptance,  conditional  sale  contract 
and  other  instrument  for  the  payment  of  money,  the  assign- 
ment of  which  is  usually  made  by  endorsement  on  or  dehvery 
of  the  instrument  and  sums  due  for  personal  services  of  an 
employee. 

"Assignment"  includes  any  transfer,  sale,  pledge  or 
mortgage  of  an  account,  or  of  a  part  thereof. 

"Assignor"  includes  transferor,  seller,  pledgor  and  mort- 
gagor. 

"Assignee"  mcludes  transferee,  purchaser,  pledgee,  mort- 
gagee and  persons  with  rights  acquired  from  or  through  such 
assignee. 

"Account  debtor"  means  a  person  obligated  to  pay  an 
account. 

"Subsequent  assignee"  means  a  later  assignee  of  an 
account,  mediately  or  inunediately  claiming  under  an  as- 
signor who  has  previously  assigned  such  account. 


no 


Acts,  1945.  —  Chap.  141, 


Effect  of 
aesignment 
ef  «ccoun<. 


Defences 
of  account 
debtor. 


Accountability 
of  mssignee 
to  sissignor. 


"Value"  means  any  consideration  sufficient  to  support 
a  simple  contract,  including  an  antecedent  debt  or  liability, 
whether  an  account  is  taken  in  satisfaction  thereof  or  as 
security  therefor. 

Section  2.  An  assignment  of  an  account  transfers  from 
the  date  of  its  making  all  rights  which  the  assignor  has 
power  to  transfer  and  shall  be  and  be  deemed  to  be  valid 
and  fully  perfected  as  of  the  date  it  is  made,  if 

(a)  it  is  in  writing; 

(6)  the  assignee  has  given  value  therefor; 

(c)  the  assignee  takes  the  assignment  in  good  faith;  and 

{d)  whether  or  not  notice  of  the  assignment  is  given  to 
the  account  debtor  or  the  account  debtor  assents  to  said 
assignment. 

After  the  making  of  such  an  assignment  no  existing  or 
future  creditor  of  the  assignor  and  no  subsequent  assignee 
shall  or  can  acquire  any  right,  title,  lien  or  interest  in  or 
to  such  account,  or  any  proceeds  thereof,  or  any  judgment, 
instrument,  token  or  writing  given  as  evidence  thereof  or  in 
substitution  therefor,  equal  or  superior  to  or  in  diminution 
of  the  rights  of  the  assignee  under  such  assignment. 

Section  S.  Whenever,  prior  to  notice  to  him  of  an  assign- 
ment of  an  account,  the  account  debtor  shall  have 

(a)  made  payment  of  the  account,  in  whole  or  in  part;  or 

(h)  given  a  negotiable  instrument  in  pa>Tnent  or  as  evi- 
dence, in  whole  or  in  part  thereof;   or 

(c)  effected  a  novation  in  respect  thereto;  or 

{d)  become  liable  upon  a  final  judgment  thereon;  such 
payment  or  the  assumption  or  suffering  of  such  substitute  lia- 
bility shall,  to  the  extent  thereof,  be  a  good  and  valid  dis- 
charge of  the  account  debtor's  liability  upon  such  account. 
Further,  nothing  in  this  chapter  shall  deprive  the  account 
debtor  of  any  valid  defence  to  which  he  would  otherwise  be 
entitled  or  any  valid  right  existing  under  the  contract  from 
which  the  assigned  account  arose  or  of  any  right  of  set-off 
or  counterclaim  against  the  assignor  existing  at  the  time 
the  account  debtor  receives  notice  of  the  assignment. 

Section  ^.  If  an  account  is  assigned  as  provided  in 
section  two,  the  assignor  and  any  subsequent  assignee  of 
the  account  and  any  creditor  of  such  assignor,  other  than  a 
creditor  realizing  on  a  lien  acquired  prior  to  such  assign- 
ment, shall  be  liable  and  accountable  to  the  assignee  under 
such  assignment  for  all  sums  thereafter  received  by  such 
assignor,  subsequent  assignee  or  creditor  in  payment,  in 
whole  or  in  part,  of  such  account;  and  any  such  assignor, 
subsequent  assignee  or  creditor  who  after  the  date  of  such 
assignment  obtains  an  instrument,  token  or  writing  in 
pajonent  or  as  evidence,  in  whole  or  in  part,  of  such  account, 
or  effects  a  novation  with  respect  thereto,  or  obtains  an 
order,  judgnaent  or  decree  for  the  payment  of  such  account, 
shall  be  deemed  to  have  received,  effected  or  obtained  thf- 
same  for  the  use  and  benefit  of  the  assignee  under  such 
assignment  and  shall  be  liable  and  accountable  to  him  there- 


Acts,  1945. —  Chap.  142.  HI 

for  and  for  the  proceeds  thereof;  provided,  that  any  action 
to  enforce  any  rights  under  this  section  against  any  party 
other  than  the  assignor  shall  be  commenced  only  within  one 
year  from  the  date  such  funds  are  received,  such  novation 
is  effected,  or  such  instrument,  token,  writing,  order,  judg- 
ment or  decree  is  obtained,  as  the  case  msiy  be. 

Section  5.  If,  in  the  case  of  any  assigned  account,  mer-  Recover- of 
chandise  sold,  or  any  part  thereof,  is  returned  to  or  recov-  ^fa^^ff^^t^of. 
ered  by  the  assignor  from  the  account  debtor  and  is  there- 
after dealt  with  by  the  assignor  as  his  own  property,  or  if 
the  assignor  grants  credits,  allowances  or  adjustments  to 
the  account  debtor,  the  right  to  or  lien  of  the  assignee  upon 
any  balance  remaining  owing  on  such  account  and  his  right 
to  or  lien  upon  any  other  account  assigned  to  him  by  the 
assignor  shall  not  be  invalidated,  irrespective  of  whether  the 
assignee  shall  have  consented  to,  or  acquiesced  in,  such  acts 
of  the  assignor. 

Section  6.     This  chapter  shall  not  apply  to  the  rights  Application 
of  the  United  States  in  any  case  of  an  assignment  of  a  claim  °  '^'^*' 
against  the  United  States  but  shall  apply  to  the  rights  of 
all  other  persons  interested  in  such  an  assignment. 

Section  2.     Section   five   of   chapter   two   hundred   ^^d  g^l.  ^Ter 
thirty-one  of  the  General  Laws,  as  appearing  in  the  Ter-  amended.' 
centenary  Edition,   is  hereb}^  amended  by  adding  at  the 
end  the  words :  —  except  as  otherwise  provided  in  section 
three  of  chapter  one  hundred  and  seven  A,  —  so  as  to  read 
as  follows:  —  Section  5.     The  assignee  of  a  non-negotiable  Action  by 
legal  chose  in  action  which  has  been  assigned  in  writing  ofclose 
may  maintain  an  action  thereon  in  his  own  name,  but  subject  '"^  action. 
to  all  defences  and  rights  of  counter-claim,  recoupment  or 
set-off  to  which  the  defendant  would  have  been  entitled 
had  the  action  been  brought  in  the  name  of  the  assignor 
except  as  otherwise  provided  in  section  three  of  chapter 
one  hundred  and  seven  A.  Approved  March  20,  1945. 


An  Act  relative  to  contested  elections  and  election  (^f^^'p  ^42 

RECOUNTS  in  CASES  WHERE  VOTING  MACHINES  HAVE  BEEN 
USED. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  hundred  and  thirty-five  A  of  chapter  fifty-  g.  l.  (Xer. 
four  of  the  General  Laws,  as  amended  by  section  twenty-five  f  tii^f  etc. 
of  chapter  four  hundred  and  eleven  of  the  acts  of  nineteen  amended. 
hundred   and   forty-three,    is   hereby   further   amended   by 
inserting  after  the  word   "clerk"  in  the  twelfth  hne  the 
following :  —  All  voting  machines  used  in  an  election  shall  ^o^j^^ng 
remain  locked  and  sealed  for  the  period  of  thirty  days  next  recount  where 
succeeding  the  date  of  the  election,  after  which  time  the  ohinefS." 
voting  machines  may  be  unsealed  and  unlocked  and  made  ^*'^^- 
available  for  preparation  for  use  in  the  succeeding  election; 
provided,  that  upon  receipt  of  notice  of  contest,  as  provided 
by  section  one  hundred  and  thirty-four,  or  a  petition  for  a 


112  Acts,  1945. —  Chaps.  143,  144. 

recount  under  section  one  hundred  and  thirty-five,  the 
registrars  of  voters  shall,  within  five  days  from  the  receipt 
thereof,  proceed  to  inspect  and  examine  the  voting  machines 
showing  the  votes  cast  for  such  contested  office,  and  shall 
make  a  record  of  the  votes  for  said  contested  office  as  shown 
on  said  voting  machines,  which  record,  if  correct,  they  shall 
duly  certif}^  as  correct  over  their  signatures,  and  shall  pre- 
serve such  records  so  that  the  same  may  be  available  in 
such  contest  or  recount  as  evidence  of  the  votes  cast  for 
such  office  upon  said  voting  machines.  Such  record  shall 
be  received  as  evidence  as  fully  and  with  as  full  force  and 
effect  as  if  proved  by  the  oral  testimony  of  the  persons 
who  shall  sign  the  same,  or  by  the  production  of  said  vot- 
ing machines  in  court  or  before  said  board.  The  principals 
of  such  contest  or  recount,  and  their  authorized  representa- 
tives, shall  be  notified  in  writing  of,  and  be  permitted  to 
be  present  at,  the  aforementioned  inspection,  examination 
and  recording  of  the  results  as  shown  on  said  voting  machines. 
After  such  inspection,  examination  and  recording  of  the 
results  thereof,  the  said  voting  machines  shall  immediately 
thereafter  be  released  and  shall  be  available  for  preparation 
for  use  in  the  succeeding  election. 

Approved  March  20,  1945. 

ChctpA4:3  An  Act  relative  to  the  assessment  of  mortgaged  or 

PLEDGED  PERSONAL  PROPERTY. 

Be  it  enacted,  etc.,  as  follows: 
G^L.^Ter.  Chapter  fifty-nine  of  the  General  Laws  is  hereby  amended 

§19,' etc.,         by  striking  out  section  nineteen,  as  amended  by  section 
amended.  thirty-oue  of  chapter  two  hundred  and  fifty-four  of  the 

acts  of  nineteen  hundred  and  thirty-three,  and  inserting  in 
Assessment  placc  thereof  the  following  section :  —  Section  19.  Personal 
per"o°na?^^'"'  property  mortgaged  or  pledged  shall  be  assessed  to  the 
property,  etc.     owucr  Or  to  the  mortgagee  or  pledgee  in  actual  physical 

possession  thereof  on  January  first. 

Approved  March  20,  1945. 


Chap. 14:4:  An   Act   relative   to   polling    hours   at   elections   in 

THE    city    of    BEVERLY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  one  hundred  and  forty  of  the  acts 
of  nineteen  hundred  and  twenty-two  is  hereby  amended 
by  strildng  out  section  one  and  inserting  in  place  thereof 
the  following  section :  —  Section  1 .  On  the  third  Tuesday 
preceding  every  municipal  election  in  the  city  of  Beverly 
at  which  any  elective  municipal  office  is  to  be  filled,  ex- 
cept as  is  otherwise  provided  in  section  eight,  there  shall  be 
held  a  preliminary  election  for  the  purpose  of  nominating 
candidates  therefor.  No  special  election  for  mayor  or  any 
other  officer  shall  be  held  until  after  the  expiration  of  forty 
days  from  the  calling  of  a  preliminary  election,  except  as 


Acts,  1945.  —  Chaps.  145,  146.  113 

is  otherwise  provided  herein.  At  ever}^  biennial,  preUminan- 
and  special  election  the  polls  shall  be  open  during  such  hours, 
in  accordance  with  general  law,  as  the  board  of  aldermen 
may  prescribe,  and  the  laws  of  the  commonwealth  relative 
to  citj'  elections  shall  apply  thereto,  except  as  is  otherwise 
specifically  provided  herein. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  23,  1945. 

An  Act  adopting  the  international  log  rule  as  the  Chaj).\4:b 

STANDARD   LOG    RULE    FOR   DETERMINING    THE    BOARD    FEET 
CONTENT  OF  SAW  LOGS  IN  THIS  COMMONWEALTH. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  ninety-six  of  the  General  Laws  is  herebj^  amended  S-,^  j^T'^''- 
b}'  adding  at  the  end  the  following  section:  —  Section  11  A.  ncw'§nA, 
The  international  log  rule,  based  upon  one  fourth  inch  saw  '"''"'''' 
kerf,   as   expressed   in  the  formula   (D  ^  X  0.22)  -  0.71D)  lo^'gl-uie*'"""' 
X  0.904762  for  four   foot   sections   (D   represents   top   di- 
ameter of  log  in  inches;    taper  allowance,  one  half  inch  per 
four  feet  lineal),  shall  be  the  standard  log  rule  for  deter- 
mining the  board  foot  content  of  saw  logs  in  this  common- 
wealth, and  all  contracts  entered  into  for  the  purchase  and 
sale  of  saw  logs  shall  be  deemed  to  be  made  on  the  basis  of 
such  standard  rule,  imless  some  other  method  of  measurement 
is  specifically  agreed  upon.  Approved  March  23,  194-5. 

An  Act  relative  to  fees  to  be  charged  by  the  sealer  CJ^d/p  146 

OF   WEIGHTS   AND    MEASURES    OF    THE    CITY    OF    CAMBRIDGE 
FOR  SEALING  CERTAIN  WEIGHING  AND  MEASURING  DEVICES. 

Be  it  enacted,  etc.,  as  follows: 

Notwithstanding  the  provisions  of  section  fifty-six  of 
chapter  ninety-eight  of  the  General  Laws,  as  amended, 
the  sealer  of  weights  and  measures  of  the  citj?'  of  Cambridge 
shall  receive  the  following  fees  for  sealing  the  following 
weighing  and  measuring  devices :  — 

Scales.  Fees. 

A.     Platform,  over  ten  thousand  pounds  Three  Dollars 

R.      Platform,  five  thousand  to  ten  thousand 

pounds Two  l^ollars 

C.  I'^latform,  one  hundred  to  five  thousand 

pounds      .  ... 

D.  Counter,  one  hundred  pounds  or  over 

E.  Counter,  under  one  hundred  pounds 

F.  Beam,  one  hundred  pounds  or  over 
C.  Beam,  under  one  hundred  pounds    . 
H.  Springe,  one  hundred  pounds  or  over 
T.  J^pring,  under  one  hundred  pounds  . 
J.  Computing,  one  hundred  pounds  or  over      One  Dollar 
K.  Computing,  under  one  hundred  pounds      Twenty-five  Cents 
L.  Personal  \\'eighing  (slot)     ....      One  Dollar 

M.  Prescription Twenty-five  Cents 

N.  Jewelers' Twentv-five  Cents 


One  Dollar 
One  Dollar 
Twenty-five  Cents 
One  Dollar 
Twenty-five  Cents 
One  Dollar 
Twent^^-five  Cents 


114 


Acts,  1945.  —  Chap.  147. 


Weights.  Fms. 

Avoirdupois Five  Cents 

Apothecar}' Five  Cents 

Metric Five  Cents 

Troy Five  Cents 

Capacity  Measurements. 

Vehicle  tanks,  one  hundred  gallons  or  less  r)iie  Dollar 
Vehicle  tanks,  each  additional  one  hundred 

g;allons  or  less Fifty  Cents 

Liquid,  one  gallon  and  under    ....  Five  Cents 

Liquid,  over  one  gallon Ten  Cents 

Oil  jars Five  Cents 

Dry Five  Cents 

J'uel  baskets Five  Cents 

Automatic  Me.\surino  Devices. 

Meters,  one  inch  inlet  or  less     ....  Fifty  Cents 

Meters,  over  one  inch  inlet        ....  Three  Dollars 

Grease  measuring  meters Fifty  Cents 


Gasoline  pumps  1 

Quantity  measure  on  pumps  i 
Oil  measuring  pumps  j 

Quantity  measure  on  pumps  j 
Bulk  station  meter  system 
Tank  truck  meter  system 


Ten  Cents 

Ten  Cents 

One  Dollar 
One  Dollar 


Linear  Measurements. 

Leather  measuring  machines  (semi-annually)  One  Dollar 

Yardsticks Five  Cents 

Tapes     .        .                Five  Cents 

Cloth  measuring  devices Five  Cents 


Taxi  meters 


Taxi  Meters. 

One  Dollar 
Approved  March  2S,  1945. 


(^Jurp. 14:7  An  Act  relative  to  the  discharge  of  inmates  of  cer- 
tain  OF  THE   MASSACHUSETTS   TRAINING   SCHOOLS. 

Be  it  enacted,  etc.,  as  follows: 

Section  tw^enty  of  chapter  one  hundred  and  twenty  of  the 
General  Laws,  as  appearing  in  the  Tercentenary  Edition, 
is  hereby  amended  by  striking  out  the  first  sentence  and 
inserting  in  place  thereof  the  following  sentence:  —  The 
trustees  may  discliarge  and  return  to  his  parents,  guardian 
or  protector  any  boy  who,  in  their  judginent,  ought  for 
any  cause  to  be  removed  from  the  Lyman  school  or  the 
industrial  school  for  boys,  and  they  may  discharge  and  return 
to  her  parents,  guardian  or  protector  any  girl  who,  in  their 
judgment,  ought  for  any  cause  to  be  removed  from  the 
industrial  school  for  girls.  Approved  March  23,  lO^o. 


G.  L.  (Ter. 
Ed.),  120,  §  20, 
amended. 


Discharge 
of  imnatPB. 


Acts,  1945.  —  Chaps.  148,  149,  15U.  115 


An    Act    kxiiondinc;    ifir    KhFKcrrvF']    pkhiod   ok   CKurAiN  ('j,ff,)  |4v^ 

TEMPORARY  PROVISIONS  OF  LAW  RELATIVE  TO  THE  MARK- 
ING OF  COMFORTERS,  QtJILTS  AND  PUFFS  CONSISTING  IN 
WHOLE  Olt   IN   PART  OF  REPROCESSED  MATERIAL, 

lie  it  enacted,  etc.,  as  fullows: 

Chapter  three  hundred  and  eighty-one  of  the  acts  of 
nineteen  hundred  and  forty-three  is  hereby  amended  by 
striking  out  section  four  and  inserting  in  place  thereof  the 
ibllowing  section :  —  Section  4-  This  act  shall  be  operative 
onl}'  until  July  first,  nineteen  hundred  and  forty-six. 

Approved  March  23,  1945. 


An  Act  relative  to  the  number  of  signatures  to  be  (^}^m)  \^() 

CERTIFIED    ON    RECOUNT    PETITIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  hundred  and  thirty-five  of  chapter  fifty-four  g.  l.  (Tor. 
of  the  General  Laws,  as  most  recently  amended  by  chapter  §^'}35,^eiV., 
four  hundred  and  seventeen  of  the  acts  of  nineteen  hundred  amended. 
and  forty-three,  is  hereby  further  amended  by  inserting  after 
the  first  paragraph  the  following  paragraph :  — 

In  the  case  of  am-  petition  for  a  recount  hereunder,  the  certitic:.ti(Hi 
registrars  need  not  certify  a  greater  number  of  names  than  "^  "■■^""■''■ 
is  required  hereby  for  the  holding  of  the  recount,  increased 
b}'  one  fifth  thereof.  Approved  March  23,  1945. 


An  Act  further  regulating  the  parole  of  defective  fj^dp  i^() 

DELINQUENTS   AND   DRUG   ADDICTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  hundred  and  eighteen  of  chapter  one  hundred  g.  l.  (Tor. 
and  twenty-three  of  the  General  Laws,  as  most  recently  §'ii8,  etV'., 
amended  b}^  section  six  of  chapter  one  hundred  and  eighty-  ■'""•"''''''• 
five  of  the  acts  of  nineteen   hundred  and  forty-three,   is 
hereb}'  further  amended  b>'  striking  out,  in  the  eighth  and 
ninth  lines,  the  words  ''said  person  is  recommended"  and 
inserting  in  place  thereof  the  words :  —  the  matter  of  the 
parole  of  said  person  is  presented,  —  and  by  striking  out, 
in  the  twelfth  line,  the  words  "for  parole",  —  so  as  to  read 
as  follows:  —  Section  IIS.    The  parole  board  in  the  depart-  Paroie  of 
ment  of  correction  may  parole  inmates  of  the  departments  aoifn^irejits. 
for  defective  delinquents  or  drug  addicts  on  such  conditions 
as  it  deems  best,  and  may,  at  any  time  during  the  parole 
period,  recall  to  the  institution  any  inmate  paroled.     Said 
board  shall  not  entertain  a  petition  for  parole  of  a  person 
confined   in   any  department   for  defective  delinquents  or 
for  drug  addicts,  unless  and  until  the  matter  of  the  parole 
of  said  person  is  presented  by  the  superintendent  and  physi- 
cian of  the  institution  at  which  the  department  is  established, 
or  if  established  at  the  state  farm,  by  the  superintendent 


116  Acts,  1945.  —  Chaps.  151,  152,  153. 

and  medical  director  thereof,  for  consideration  by  the 
parole  board.  In  all  other  respects  the  parole  of  defective 
delinquents  may  be  regulated  by  rules  of  the  parole  board. 

Approved  March  2S,  1945. 


Chap. 151  An  Act  relative  to  the  membership  of  the  trustees 

OF   AMHERST   COLLEGE. 

prpambiT'^  ^Vheretts,  The  deferred  operation  of  this  act  would  prevent 

the  corporation  referred  to  therein  from  increasing  its 
membership  as  authorized  thereby  prior  to  the  time  of  the 
commencement  exercises  at  Amherst  College  in  the  current 
year,  therefore  it  is  hereby  declared  to  be  an  emergency 
law,  necessary  for  the  immediate  preservation  of  the  public 
convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  number  of  members  of  the  Trustees 
of  Amherst  College,  including  the  president  and  the  treas- 
urer of  said  college,  who  shall  each,  ex  officio,  be  one  of  said 
members,  shall  never  be  greater  than  eighteen. 

Section  2.  All  acts  and  parts  of  acts  limiting  the  num- 
ber of  the  members  of  the  Trustees  of  Amherst  College 
to  less  than  eighteen  are,  to  the  extent  of  such  limitation, 
hereby  repealed.  Approved  March  26,  1945. 


Chap.152  An  Act  extending   further  the  duration   of  a  law 
providing  for  the  trial  or  disposition  of  certain 

CRIMINAL    cases    BY    DISTRICT    COURT    JUDGES    SITTING    IN 
THE    SUPERIOR    COURT. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  four  hundred  and  sixty-nine  of  the  acts  of  nine- 
teen hundred  and  twenty-three  is  hereby  amended  by 
striking  out  section  five,  as  most  recently  amended  by 
chapter  one  hundred  and  forty  of  the  acts  of  nineteen  hun- 
dred and  fort^^-three,  and  inserting  in  place  thereof  the 
following  section:  —  Section  5.  This  act  shall  not  be  op- 
erative after  December  thirty-first,  nineteen  hundred  and 
forty-seven.  Approved  March  26,  1945. 


Chap. 153  An   Act  relative   to   the   licensing   of  recreational 

CAMPS,  OVERNIGHT  CAMPS  OR  CABINS  AND  TRAILER  CAMPS. 

Be  it  enacted,  etc.,  as  follows: 

EdV  iJo'^'  Chapter  one  hundred  and  forty  of  the  General  Laws  is 

§  32ii,  etr.,       hereby  amended  by  striking  out  section  thirty-two  B,  as 
amended.  amended  by  chapter  three  hundred  and  ninety-six  of  the 

acts  of  nineteen  hundred  and  forty-one,  and  inserting  in 
Licenses  for  placc  thereof  the  following  section :  —  Section  32 B.  The 
and  trailer        board  of  health  of  any  city  or  town,  in  each  instance  after 

camps. 


Acts,  1945.  —  Chap.  154.  117 

a  hearing,  reasonable  notice  of  which  shall  have  been  pub- 
lished once  in  a  newspaper  published  in  such  city  or  town, 
may  grant,  and  may  suspend  or  revoke,  licenses  for  recrea- 
tional camps,  overnight  camps  or  cabins  or  trailer  camps 
located  within  such  city  or  town,  which  license,  unless  pre- 
viously suspended  or  revoked,  shall  expire  on  December 
thirty-first  in  the  year  of  issue,  but  may  be  renewed  annually 
upon  application  without  such  notice  and  hearing.  The  fee 
for  each  original  hcense  shall  be  three  dollars  and  for  each 
renewal  thereof  fifty  cents.  Such  board  of  health  shall  at 
once  notify  the  state  department  of  public  health  of  the 
granting  or  renewal  of  such  a  license,  and  said  department 
shall  have  jurisdiction  to  inspect  the  premises  so  licensed 
to  determine  that  the  sources  of  water  supply  and  the  works 
for  the  disposition  of  the  sewage  of  such  premises  are  sanitary. 
If  upon  inspection  of  such  premises  said  department  finds 
the  sources  of  water  supply  to  be  polluted  or  the  works  for 
the  disposition  of  the  sewage  to  be  insanitary,  or  both  of 
such  conditions,  said  department  shall  forthwith  notify  such 
board  of  health  and  such  licensee  to  that  effect  by  registered 
mail  and  said  board  shall  forthwith  prohibit  the  use  of 
any  water  supply  found  by  said  department  to  be  polluted. 
Unless  such  licensee  shall,  within  thirty  days  following  the 
giving  of  such  notice,  correct  the  conditions  at  such  premises 
to  the  satisfaction  of  both  said  department  and  such  board 
the  license  so  granted  shall  be  suspended  or  revoked  by  such 
board.  Any  license  so  suspended  may  be  reinstated  by  such 
board  when  the  conditions  at  such  premises,  as  to  sources 
of  water  supply  and  works  for  the  disposition  of  sewage,  are 
satisfactory  to  said  department  and  such  board.  The  board 
of  health  of  a  city  or  town  may  adopt,  and  from  time  to  time 
alter  or  amend,  rules  and  regulations  to  enforce  this  section 
in  vsuch  city  or  town.  Approved  March  26,  1945. 


An  Act  authorizino  hampden  county  to  expend  a  cer-  Ch(iV.l^4: 

TAIN  STTM  OF  MONEY  FOR  THE  PURPOSE  OF  PAYING  CERTAIN 
BILLS  OF  THE  YEAR  NINETEEN  HUNDRED  AND  FORTY-FOUR. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  county  of  Hampden  may  expend  eleven 
thousand,  six  hundred  and  sixty-eight  dollars  and  twenty- 
three  cents  for  the  purpose  of  paying  certain  bills  incurred 
during  the  year  nineteen  hundred  and  forty-four,  as  shown 
in  the  list  on  file  in  the  office  of  the  county  commissioners  of 
said  county,  the  said  sum  to  be  included  in  the  appropriations 
for  the  current  year  for  said  county. 

Said  bills,  when  approved  by  the  county  commissioners, 
may  be  paid  by  the  treasurer  from  any  available  funds  or 
from  the  proceeds  of  loans  made  in  anticipation  of  taxes  of 
the  year  nineteen  hundred  and  forty-five. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  27,  1945. 


118  Acts,  1945.  —  Chaps.  155,  156. 

(liapAbb  An  Act  giving  the  governor  certain  emergency  war 

POWERS  FOR  protecting  THE  PUBLIC  HEALTH  DURING  THE 
PRESENT    FOOD    SHOUTA(JE. 

pn'ambie'^  Wkeveas,  The  deferred  operation  of  this  act  would  tend  to 

defeat  its  purpose,  which  in  part  is  to  empower  the  governor 
to  take  without  delay  in  the  existing  emergencj'  of  war  the 
action  authorized  thereby,  therefore  it  is  herebj'  declared  to 
be  an  emergency  law,  necessary  for  the  immediate  preserva- 
tion of  the  public  health  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  protecting  the  health 
of  the  inhabitants  of  the  commonwealth,  particularly  those 
confined  in  hospitals,  during  the  present  food  shortage 
emergency  brought  about  by  existing  war  conditions  and 
aggravated  by  certain  unlawful  practices  in  the  sale  and 
distribution  of  certain  foods  and  especially  poultry,  the 
governor  may  take  possession  of  any  poultiy  wherever  found 
in  this  commonwealth.  He  may  sell  or  distribute  poultry 
so  taken  to  and  among  hospitals  maintained  by  the  common- 
wealth or  any  of  its  political  subdivisions  and  may  sell  such 
poultry  to  private  hospitals.  He  shall,  with  the  approval  of 
the  council,  award  reasonable  compensation  to  the  owners 
of  poultry  of  which  he  may  take  possession  under  authority 
of  this  act,  and  the  awarding  of  such  compensation  shall  be 
subject  to  the  provisions  of  paragraphs  (d),  (e)  and  (/)  of 
section  six  of  chapter  seven  hundred  and  nineteen  of  the  acts 
of  nineteen  hundred  and  forl3'-one. 

Section  2.  The  govei'nor  ma}',  by  writings  signed  by 
him,  confer  upon  the  commissioner  of  public  safety  and  such 
other  official  or  officials  of  the  conunonwealth  or  any  political 
subdivision  thereof,  full  power  and  authority  to  do  in  his 
name  whatever  may  be  necessary  to  carry  into  effect  the 
powers  conferred  on  him  by  this  act. 

Section  3.  This  act  shall  remain  in  force  until  the  gov- 
ernor, with  the  advice  and  consent  of  the  council,  proclaims 
that  the  said  food  shortage  emergency  is  ended;  provided, 
that  it  shall  cease  to  be  in  eftect  upon  the  earlier  adoption  by 
both  branches  of  the  general  court  of  a  joint  resolution  stating 
that  it  is  no  longer  necessary  for  the  public  good  and  health. 

Approved  March  27,  1945. 


Chfi]).15Q  -^N  Act  providing  sick  leaves  for  laborers,  workmen 

AND  mechanics  REGULARLY  EMPLOYED  BY  CERTAIN  CITIES 
AND    TOWNS. 

Be  it  enacted,  etc.,  a ■'^  follows: 

EdVii  '  ('hapter  forty-one  of  the  General  Laws  is  hereby  amended 

new  §  111 H,       by  inserting  after  section  one  hundred  and  eleven   A   the 
o'^Vi'  following  section:  —  Section  lUB.     Any  laborer,  workman 

Sick  leave  "     .  •'     .  '  i    ■    i 

for  laborers,       or  mccliamc  regularly  employed  by  any  city  or  town  wlucli 

etc.,  of  cer-  *  »       ./  .^  V  ^ 


Acts,  1945. —  Chaps.  157,  15S.  119 

accepts  this  section  shall,  when  entitled  thereto,  be  granted  ^nd  t^i^^?. 
sick  leaves  aggregating  not  more  than  fifteen  days  in  any 
year,  exclusive  of  Sundays  and  holidays,  wthout  loss  of  pay; 
provided,  that  sick  leave  allowances  not  used  in  any  par- 
ticular year  may  be  accumulated,  for  such  number  of  years 
as  may  be  determined  by  the  city  council  of  any  such  city 
or  selectmen  of  any  such  town,  for  use  in  any  subsequent 
yesLT.  Approved  March  27,  1945. 


An  Act  PROviDiN<i  that  applicants  for  examination  for  (j/'^Qp  257 

ADMISSION   TO   THE   BAR   SHALL   NOT   BE   RESTRICTED  AS  TO 
THE  NUMBER  OF  EXAMINATIONS  WHICH  THEY  MAY  TAKE. 

Be  it  enacted,  etc.,  as  follows: 

Section  thirty-six  of  chapter  two  liundred  and  twenty-one  p^|V^9i''''j  :j,; 
of  the  General  Laws,  as  appearing  in  the  Tercentenary  Edi-  ampmied.' 
tion,  is  hereby  amended  by  inserting  after  the  word  "edu- 
cation" in  the  ninth  line  the  following: —  ;    and  provided,  i^'J,'",',^^'"",^" 
further,  that  no  applicant  for  an  examination  for  admission 
to  the  bar  sIimII  be  restricted  as  to  the  number  of  times  he 
may  take  such  an  examination. 

Approved  March  27,  1943. 


An  Act  making  changes  in  the  laws  relative  to  county  C  ha  p. 158 

FINANCE  WHICH  HAVE  BECOME  NECESSARY  OR  ADVISABLE 
BY  REASON  OF  THE  AMENDMENT  TO  THE  CONSTITUTION 
PROVIDING  FOR  ANNUAL  SESSIONS  OF  THE  GENERAL  COURT 
AND    FOR    AN   ANNUAL    BUDGET,    AND    FOR    OTHER    REASONS. 

He  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  thirty-five  of  the  General  Laws  is  (!.  h.  q\-r. 
hei-eby  amended  by  striking  out  section  twenty-eight,  as  §'28,' etc., 
most  recently  amended  by  section  one  of  chapter  five  hun-  amended. 
dred  and  one  of  the  acts  of  nineteen  hundred  and  thirty- 
nine,  and  inserting  in  place  thereof  the  following:  —  Section  Estimates 
28.     The  county  comiuissioners  shall  annually  prepare  esti-  "Ip °n "es^ etc. 
mates  of  county  receipts  and  expenditures  for  the  ensuing 
year,  in  the  form  prescribed  by  the  director  of  accounts  and 
upon  blanks  by  him  furnished,  including  estimates  for  con- 
struction and  repair  of  county  buildings  and  for  effecting 
insurance  providing  indenmity  for  or  protection  to  the  officers 
and  employees  of  the  county  against  loss  by  reason  of  their 
liability  to  pay  damages  to  others  for  bodily  injuries,  includ- 
ing death  at  any  time  resulting  therefrom,  or  for  damage  to 
property,  caused  by  the  operation,  within  the  scope  of  their 
official  duties  or  employment,  of  motor  or  other  vehicles 
owned  by   the  county,   to  an  amount  not  exceeding  five 
thousand  dollars  on  account  of  injury  to  or  death  of  one 
person,  and  not  e.xceeding  one  tliousand  dollars  on  account 
of  damage  to  property,  or  for  providing  indemmty  or  protec- 
tion as  aforesaid  without  insurance,  with  a  statement  of  the 


120 


Acts,  1945.  —  Cuav.  158. 


(;.  I..  (Tcr. 
K(l.).  :io, 

§  I'fl,  ftc, 
MiiiiMuled. 


County  ex- 
penditures 
nuthorizod  by 
general  court. 


G.  h.  (Ter. 
Ed.).  35, 
§  30,  etc., 
n.mended. 


Aii\ount  of 
county  tax 
regulated. 


G.  L.  (Tor. 
Ed.),  35, 
«  34.  etc., 

:iiucri<lt«l. 


corresponding  appropriations  for  the  preceding  year,  and 
expenditures  for  each  of  the  three  preceding  years,  explaining 
any  difference  between  the  amount  of  any  such  estimate  and 
the  latest  appropriation  for  the  same  purpose,  and  citing  the 
laws  relating  thereto.  The  clerk  of  the  county  commissioners 
shall  record  the  foregoing  in  a  book  kept  therefor,  and,  on  or 
before  January  twentietli,  shall  send  a  copy  tliereof,  by  him 
attested  and  signed  by  the  chairman,  to  the  said  director, 
who  shall  analyze  and  classify  said  estimates,  and  report  the 
same  to  the  general  court  not  later  than  Febmary  tenth  next 
following.  The  director  shall  upon  their  request  send  a  copy 
of  said  report  to  the  mayor  of  each  city  and  the  selectmen  of 
each  town  in  the  commonwealth. 

Section  2.  Section  twenty-nine  of  said  chapter  thirty- 
five,  as  amended  by  section  two  of  said  chapter  five  hundred 
and  one,  is  hereby  further  amended  by  striking  out,  in  the 
second  line,  the  words  "in  each  year",  —  by  striking  out,  in 
the  third  and  fourth  lines,  the  words  "for  such  year", — 
and  by  striking  out,  in  the  eighth  hnc,  the  words  "for  the 
preceding  year",  —  so  as  to  read  as  follows:  —  Section  29. 
The  expenditure  of  money  by  the  several  counties  shall 
be  in  accordance  with  the  appropriations  of  the  general 
court,  which  shall  specify  as  separate  appropriations  the 
several  items  of  expenditure,  as  prescribed  by  the  director 
of  accounts.  At  the  closing  of  the  county  treasurer's  books 
on  January  tenth,  the  balance  to  the  credit  of  each  appro- 
priation shall  become  a  part  of  the  general  unappropriated 
balance  in  the  county  treasury;  but  no  special  appropriation 
shall  lapse  until  the  work  for  which  it  was  made  has  been 
completed,  the  bills  paid  and  the  account  closed. 

Section  3.  Said  cliapter  thirty-five  is  hereby  further 
amended  by  striking  out  section  thirty,  as  most  recently 
amended  by  chapter  thirty-nine  of  the  acts  of  nineteen 
himdred  and  forty-three,  and  inserting  in  place  thereof 
the  following:  —  Section  SO.  The  amount  which  the  county 
commissioners  of  each  county,  except  Suffolk  and  Nantucket, 
shall  levy  as  tlie  county  tax  shall  be  as  authorized  annually 
by  the  general  court,  and  as  computed  by  adding  together 
the  amounts  of  the  annual  appropriation  and  of  any  new 
special  appropriation,  so  far  as  the  money  therefor  is  to  be 
raised  by  taxation,  and  deducting  therefrom  the  probable 
receipts  from  all  sources,  except  loans,  and  so  much  of  the 
unappropriated  balance  in  the  county  treasury  at  the  closing 
of  the  treasurer's  books  for  the  previous  year  as  is  in  exce-ss 
of  ten  per  cent  of  the  tax  levy  for  said  year.  The  county 
commissioners  shall  also  levy  annually  as  a  county  tax  a  simi 
sufficient  to  meet  the  debt  and  interest  maturing  in  that 
year,  if  no  other  provision  therefor  has  been  made. 

Section  4.  Section  tliirty-four  of  said  chapter  thirty- 
five,  as  most  recently  amended  by  section  four  of  chapter 
five  hundred  and  one  of  the  acts  ol  nineteen  iiundred  and 
thirty-nine,  is  hereby  further  amended  by  striking  out,  in 
the  second  line,  the  word  "odd-numbered",  —  so  as  to  read 


Acts,  1945.  —  Chap.  loS.  121 

as  follows:  —  Section  S/f.  On  and  after  Januaiy  first  in  each  paymeuts 
year  and  before  the  rRg:nIar  appropriations  have  been  made  pHa't"]''^''^" 
by  the  general  court,  the  county  commissioners  and  other  balances. 
officers  authorized  to  incur  liabilities  payable  by  the  county 
may  incur  liability  for  general  maintenance  and  operation  of 
regular  county  activities  at  a  rate  of  expenditure  which  does 
not  exceed  in  any  month  the  simi  spent  for  a  similar  purpose; 
in  any  one  month  in  the  preceding  year;  provided,  tljat  saitl 
conunissioners  or  officers  may  expend  in  any  one  month  foi- 
any  office  or  board  created  by  law  an  amount  not  exceeding- 
one  twelfth  of  the  estimated  cost  for  said  year  for  said  office 
or  board.  Payments  therefor  n^ay  be  made  from  any  avail- 
able funds  in  the  county  treasury,  to  be  charged  to  the  regular 
appropriation  when  made.  No  new  or  unusual  expense  shall 
be  incurred,  or  permanent  contract  made,  or  salary  increased, 
until  an  appropriation  sufficient  therefor  has  been  made  by 
the  general  court. 

Section  5.     Section  thirty-six  A  of  said  chapter  thirty-  a.  l.  (Tor. 
five,  as  most  recently  amended  by  chapter  eighty  of  the  acts  |''35vvf  eu- 
of    nineteen    hundred    and    forty-three,    is    hereby    further  ampiKiod, 
amended  by  inserting  after  the  word  "by"  in  the  third  line 
the  words :  —  the  majority  of  the  members  of,  —  so  that 
the  first  sentence  will  read  as  follows :  —  For  the  purpose  of  Emprsionoy 

.,.„,«  1        c  loans  r)v 

providmg  funds  lor  any  coimty  for  any  emergency-  purpose  counties. 
approved  bj^  the  majority  of  the  members  of  a  board  com- 
posed of  the  attorney  general,  the  state  treasurer  and  the 
director  of  accounts,  hereinafter  referred  to  as  said  board, 
such  county  may  borrow  money  in  such  amount  and  for  such 
period  not  exceeding  two  years  as  may  be  determined  by  said 
board,  and  ma}^  issue  a  note  or  notes  therefor,  signed  by 
the  county  treasurer  and  countersigned  by  a  majority  of  the 
county  commissioners,  which  may  be  sold  at  such  interest 
or  discount  as  the  county  commissioners  deem  proper,  any 
discount  to  be  treated  as  interest  paid  in  advance. 

Section  6.    Section  twenty-eight  of  chapter  seventy-four  a.  i,.  (Ter. 
of  the  General  Laws,  as  amended  by  section  six  of  chapter  l^os.'Jtt'., 
five  hundred  and  one  of  the  acts  of  nineteen  hundred  and  Amon.ir.i. 
thirty-nine,  is  hereby  further  amended  by  striking  out,  in 
the  first  and  second  lines,  the  words  "in  each  even-numbered 
year",  —  and  also  by  striking  out,  in   the  sixth   line,  the 
words  "each  of  the  next  two  ensuing  years"  and  inserting 
in   place  thereof  the   words:  —  the  ensuing  year, — so  as 
to  read  as  follows:  —  Section  28.     On  or  before  December  Maintenance 
fifteenth  the  trustees  of  the  schools  mentioned  in  section  "grlouiTifr:!! 
twenty-five  shall,  in  consultation  with  and  with  the  approval  ^<-^^<f'^^- 
of  the  commissioner,  prepare  estimates  of  the  amounts  nec- 
essary to  equip  and  maintain  their  respective  schools  for 
the  ensuing  year.     The  amounts  of  such  estimates  shall  be 
included  by  the  respective  county  commissioners  in  the  esti- 
mates required  by  section  twenty-eight  of  chapter  thirtj'^- 
five. 

Section  7.    Section  twenty-eight  A  of  chapter  thirty-five  g.  l.  (Ter. 
of  the  General  Laws,  inserted  by  section  two  of  chapter  four  f  28Afetc., 

amended. 


122  Acts,  1945. —  Chaf.  LVJ. 

hundred  and  fourteen  of  the  acts  of  nineteen  hundred  and 
forty-three,  is  hereby  amended  by  striking  out,  in  the  fourth 
and  fifth  lines,  the  words  ",  in  each  evcui  numbered  year." 
and  inserting  in  place  thereof  the  word: — annually,- — b}' 
striking  out,  in  the  sixth  and  seventh  hnes,  the  words  "each 
of  the  two  ensuing  years"  and  inserting  in  place  thereof  the 
words:  —  the  ensuing  year,  —  and  by  striking  out,  in  the 
tenth  and  elev(^nth  hnes,  the  words  "in  the  following  year", 
Budget sys-       — go  as  to  read  as  follows:  —  Section  28 A,     The  county 
lubercuiosis       commissionors  of  each  county  having  a  tubercidosis  hospital 
iiospitaiH.  established  under  sections  seventy-eight  to  ninety,  inclusive, 

of  chapter  one  hundred  and  eleven  shall  annually  prepare 
estimates  of  receipts  of  said  hospital  and  of  the  cost  of  its 
care,  maintenance  and  repair  for  the  ensuing  year  in  the 
form  prescribed  by  the  director  of  accounts  and  upon  blanks 
furnished  by  him.  The  clerk  of  the  commissioners  shall 
record  the  foregoing  in  a  book  kept  therefor  and,  on  or  before 
February  fifteenth,  shall  send  a  cop}'  thereof,  attested  by 
him  and  signed  by  the  chairman,  to  said  director,  who  shall 
analyze  and  classify  said  estimates  and  report  the  same  to 
the  general  court  not  later  than  March  first  next  following. 
The  director,  upon  request  of  the  mayor  or  selectmen  of  any 
city  or  town  in  the  tuberculosis  hospital  district  of  any  such 
count}',  shall  send  to  him  or  them  so  much  of  said  report  as 
relates  to  such  district.  Approved  March  28,  1946. 


ompatiir 


ChapA59  An  Act  relating  to  the  annual  statements  of  insur- 
ance  COMPANIES. 

Be  it  enacted,  etc.,  as  follows: 
G-jL.  (Ter.  Section  twenty-five  of  chapter  one  hundred  and  seventy- 

§''2'5,'etc.!         five  of  the  General  Laws,  as  amended,  is  hereby  further 
.ui.ende.1.  amended  by  strikmg  out  the  second  paragraph,  as  appearing 

in  the  Tercentenary  Edition,  and  inserting  in  place  thereof 
the.  following  paragraph :  — 
Annual  Sucli  aunual  statement  shall  be  made  on  a  blank  furnished 

of  insuranc-  by  the  comnussioner  under  section  fifteen  or  on  an  alternate 
form  acceptable'  to  him.  There  shall  be  embodied  therein, 
80  far  as  appropriate  to  the  several  coinjianies,  tJie  substance 
of  the  forms  provided  for  in  this  section,  with  any  additional 
inquiries  the  (tonmiissioner  may  require  for  the  purpose  of 
eliciting  a  complete  and  accurate  exhibit  of  the  condition 
and  transactions  of  the  companies.  The  assets  and  liabilities 
shall  be  computed  and  allowed  in  such  statement  in  accord- 
ance with  the  rules  stated  in  sections  nine,  ten,  eleven  and 
twelve.  SucJi  statement  shall  be  subscribed  and  sworn  to 
by  the  president  and  secretary,  or,  in  their  absence,  by  two 
of  its  principal  officers.  The  commissioner  may  at  other 
times  require  any  such  statements  as  he  may  deem  necessary. 

Approved  March  28,  1945. 


Acts,  1945.  —  Chaps.  160,  161.  123 


An    Act   authorizing   the    granting    to    certain    war  ('j^Qp  jgy 
veterans'   organizations  of  temporary   licenses  to 

SELL   certain   ARTICLES    FOR    CHARITABLE    PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  thirty-thrcG  of  chapter  one  hundred  and  one  of  pjl'iof' 
the  General  Laws,  as  appearing  in  the  Tercentenary  Edition,  §'33.*ainende.i. 
is  hereby  amended  by  inserting  after  the  word  "work"  in 
the  third  hne  the  words:  —  ,  or  to  a  post  of  any  incorporated 
organization  of  veterans  who  served  in  the  militarj'  or  naval 
service  of  the  United  States  in  time  of  war  or  insurrection,  — 
and  bj""  inserting  after  the  word  "organization"  in  the  tenth 
and  twelfth  lines,  in  each  instance,  the  words:  —  or  post,  ■ — 
so  as  to  read  as  follows :  —  Section  SS.  The  board  of  public  Temporary 
welfare  in  any  city  or  the  selectmen  in  any  town  may,  under  Heiranlcks 
such  conditions  as  they  may  deem  proper,  grant  to  any  for  charitable 
organization  engaged  exclusively  in  charitable  work,  or  to  a  '^"'"''°''®^- 
post  of  an}^  incorporated  organization  of  veterans  who  served 
in  the  militarj^  or  naval  service  of  the  United  States  in  time 
of  war  or  insurrection,  a  special  license  authorizing  it,  upon  a 
particular  day  and  for  a  charitable  purpose  named  in  such 
license,  to  sell,  through  its  accredited  agents  in  the  streets 
and  other  public  places  within  such  city  or  town,  or  in 
any  designated  part  thereof,  flags,  badges,  medals,  buttons, 
flowers,  souvenirs  and  similar  small  articles;  provided,  that 
no  person  under  sixteen  \'ears  of  age  shall  be  accredited  as 
such  agent,  that  each  agent  shall  wear  in  plain  sight  while 
engaged  in  selling  such  articles  a  badge,  provided  by  such 
organization  or  post  and  approved  by  the  authority  issuing 
the  license,  bearing  upon  it  the  name  of  such  organization 
or  post  and  the  date  on  which  the  license  is  to  be  exercised, 
and  that  no  such  agent  shall  be  authorized  to  make  or  attempt 
to  make  such  sales  in  front  of  any  private  premises  against 
the  objection  of  the  owner  or  occupant  thereof.  The  exer- 
cise of  the  licenses  hereb}^  provided  for  shall  be  subject  to 
the  provisions  of  all  statutes,  ordinances,  by-laws,  rules  and 
regulations  not  inconsistent  herewith. 

Approved  March  28,  19JfO. 


An  Act  elkviinating  certain  reports  of  the  commis-  f  7^^|>,  \a\ 
signer   of   corporations   and   taxation   relative   to 
personal  income  taxes  and  extendincj  the  time  for 
filing  bank  tax  returns. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section   twenty-nine   of   chapter  fifty-eight  o.  l.  ^Ter. 
of  the  General  Laws,   as  appearing  in   the  Tercentenary  fmencf^.*  ^^' 
Edition,  is  hereby  amended  by  striking  out  the  paragraph 
numbered  (4). 

Section  2.     Section  tiiree  of  chapter  sixty-three  of  the  c.  l.  (Ter. 
General  Laws,  as  most  recently  amended  by  section  five  of  fs/;!*!!!,' 

amended. 


124 


Acts,  1945. —  Chap.  162. 


Annual 
returns 
by  banks, 
contents  of. 


chapter  three  hundred  and  twenty-three  of  the  acts  of  nine- 
t<}eii  hundred  and  thirty-four,  is  hereby  further  amended  by 
striking  out,  in  the  second  jmd  third  lines,  the  words  "within 
the  first  ten  days  of  January  make  a  return  as  of  January 
first"  and  inserting  in  place  thereof  the  following:  —  annu- 
ally on  or  before  March  hfteenth  make  a  return,  —  so  as 
to  read  as  follows :  —  Section  3.  ICvery  bank  shall  annually 
on  or  before  March  fifteenth  make  a  return,  sworn  to  bj'  its 
cashier  or  by  its  treasurer,  or  in  their  absence  or  incapacity 
b.y  an}'  other  principal  officer,  in  such  form  as  the  commis- 
sioner prescribes,  giving :  — 

A  copy  of  such  parts  as  the  commissioner  may  designate 
of  the  federal  return  or  returns  for  the  year  by  the  income  of 
which  the  tax  is  to  be  measured,  provided  that  if  any  bank 
shall  have  participated  in  filing  a  consolidated  return  of 
income  to  the  federal  government,  it  shall  file  with  the  com- 
missioner a  statement  of  net  income  in  such  form  as  he  may 
prescribe,  showing  its  gross  income  and  deductions  in  ac- 
cordance with  the  law  and  regulations  governing  the  usual 
federal  returns  of  corporations  not  so  participating;  and 
such  additional  information  as  he  may  require  to  determine 
the  net  income  as  defined  in  section  one. 

Whenever  the  time  for  filing  the  federal  return  has  been 
extended,  the  commissioner  may  extend  the  time  for  filing  the 
return  required  under  this  section. 

Approved  March  28,  1945. 


Chap. 162  An  Act  relative  to  loans  by  savings  banks  for  financ- 
ing THE  REPAIR  AND  REHABILITATION  OF  CERTAIN  REAL 
ESTATE    MORTGAGED    TO    SUCH    BANKS. 


G.  L.  (Ter. 
Ed.),  168, 
§  54,  etc., 
amended. 


IJcpriir,  etc. 
loiin.s. 


Be  it  enacted,  etc.,  as  follows: 

Clause  Tenth  A  of  section  fifty-four  of  chapter  one  lum- 
dred  and  sixty-eight  of  the  General  Laws,  inserted  by  chap- 
ter one  hundred  and  six  of  the  acts  of  nineteen  himdred  and 
forty-one,  is  hereby  amended  by  striking  out,  in  the  sixth 
fine,  the  words  "five  hundred"  and  inserting  in  place  thereof 
the  following:  — one  thousand,  —  by  striking  out,  in  the 
seventh  line,  the  word  "three"  and  inserting  in  place  thereof 
the  word:  —  five,  —  and  by  striking  out  the  word  "one", 
the  second  time  that  such  word  occurs  in  the  fotirteenth  line, 
and  inserting  in  place  thereof  the  word: —  two,  —  so  as  to 
read  as  follows :  — 

Tenth  A.  In  loans  to  owners  of  improved  real  estate, 
upon  which  such  corporation  holds  mortgages,  for  the  pur- 
pose of  financing  the  repair,  alteration  or  rehabilitation 
thereof  or  the  purchase  and  installation  of  fixtures  to  be 
affixed  thereto;  provided,  that  any  such  loan  shall  not  ex- 
ceed one  thousand  dollars  with  respect  to  any  one  parcel  of 
sucli  real  estate,  shall  be  payable  at  a  tinu;  not  exceeding 
five  years  from  the  dat(^  thereof,  and  shall  re(|uire  payments 
to  be  made  on  account  of  the  principal  in  equal  monthly 


Acts,  1945.  —  Chaps.  163,  164.  125 

installments,  such  paymeuivs;  to  comnience  not  Uiiev  than  one 
month  ;ifter  the  date  of  the  note,  and  to  be  in  amounts 
which,  at  the  maturity  of  the  note,  shall  (>qual  (he  original 
amount  of  the  loan;  and  provided,  further,  that  the  total 
of  all  such  loans  outstanding  at  any  one  time  shall  not 
exceed  two  per  cent  of  the  deposits  and  income  of  such 
corporation.  Approved  March  28,  1945. 


An  Act  authokizino  increases  in  the  salaries  of  the  Qfiaj)  163 

MAYOR  AND  THE  OTHER  MEMBERS  OF  THE  CITY  COUNCIL 
OF  THE  CITY  OF  LAWRENCE. 

Be  it  enacted,  etc.,  as  folio ivs: 

Section  1.  Section  fiftA'-two  of  Part  II  of  chapter  six 
hundred  and  twenty-one  of  the  acts  of  nineteen  hundred 
and  eleven  is  hereby  amended  by  striking  out,  in  the  first 
and  second  lines,  the  words  "thirty-five  hundred"  and  in- 
serting in  place  thereof  the  words:  —  six  thousand,- — and 
by  striking  out,  in  the  fourth  line,  the  words  "twenty-five 
hundred"  and  inserting  in  place  thereof  the  words:  —  four 
thousand,  —  so  as  to  read  as  follows :  —  Section  52.  The 
salary  of  the  mayor  shall  be  six  thousand  dollars  per  an- 
num, and  the  salary  of  each  of  the  remaining  four  members 
of  the  city  council  shall  be  four  thousand  dollars  per  annum. 
These  salaries  shall  be  payable  in  equal  monthly  install- 
ments. 

Section  2.  This  act  shall  be  submitted  for  acceptance 
to  the  registered  voters  of  the  city  of  Lawrence  at  the  regular 
nmnicipal  election  in  the  current  year  in  the  form  of  the 
following  question  which  shall  be  placed  upon  the  official 
ballot  to  be  used  at  said  election: — "Shall  an  act  of  the 
general  court  passed  in  the  current  year,  entitled  'An  Act 
authorizing  increases  in  the  salaries  of  the  mayor  and  the 
other  members  of  the  city  council  of  the  city  of  Lawrence', 
be  accepted?"  If  a  majority  of  the  voters  voting  thereon 
vote  in  the  affirmative  in  answer  to  said  question  this  act 
shall  thereupon  take  full  effect,  but  not  otherwise. 

Approved  March  28,  1945. 


An  Act  to  enable  banks  to  deposit  securities  owned  CJ^qj)  \Q4. 

BY    them    with    other    BANKS    FOR    SAFEKEEPINO    UNDER 
REGULATIONS    OF   THE    COMMISSIONER    OF   BANKS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  sixty-seven  of  the  General  Laws  c.  l.  (Ter. 
is  hereby  amended  by  striking  out  section  six,  as  appearing  f  r,;^amtndod. 
in  the  Tercentenaiy  Edition,  and  inserting  in  plac(^  thereof 
the  following  section :  —  Section  6.    The  commissioner  may  Books, 
Ijrescribe  the  numner  and  form  of  keeping  the  books  and  Hpposits*"'"'' 
accounts  of  a  bank,  the  extent  to  which  tliey  shall  be  audited. 


12G 


Acts,  1945.  —  Chaps.   165,  16G. 


the  maimer  of  safeguarding  its  money  and  securities,  and 
regulations  imder  wliicli  it  may  deposit  its  securities  witli 
tiiist  companies  or  banking  associations  for  safekeeping. 

Approved  March  28,  1946. 


f  7/a/>».165  An  Act  ciiANciiNd  the  laws  iiklativk  to  the  sale  of 

MEAT    AND     MEAT     PliODlJCTS     CONTAININC;     CERTAIN     PRE- 
SERVATIVES. 


(;.  L.  (Ter. 
Ed.),  04. 
§  153A,  il<- 
:itni'ndp(l. 


lllegul  sale  of 
certain  meats. 


Penalty. 


Be  it  enacted,  etc.,  as  follows: 

Chapter  ninety-four  of  the  General  Laws  is  hereby 
amended  by  striking  out  section  one  hundred  and  fifty- 
three  A,  as  amended  by  chapter  three  Imndred  and  eleven 
of  the  acts  of  nineteen  hundred  and  thirty-three,  and  in- 
serting in  place  thereof  the  following  section :  —  Section 
158 A.  Whoever  hims(-lf  or  by  his  agent  sells  or  offers  for 
sale  any  meat  or  meat  product  to  which  has  been  added 
any  sulphur  dioxide  or  compound  thereof,  except  beef  sau- 
sage made  of  fresh  beef  and  (jnclosed  in  casings,  whicli  con- 
tains sulphur  dioxide  or  compound  thereof  not  in  excess  of 
1-10  of  1%,  when  calculated  as  anhydrous  sodium  svdphite, 
if  contained  in  a  package  which  has  conspicuously  labelled 
on  the  outside  thereof  in  not  less  than  eight  point  type  the 
following: — "contains  not  more  than  1-10  of  1%  sodium 
sulphite,"  shall  be  pimished  by  a  fine  of  not  less  than  fifteen 
nor  more  than  one  hundred  dollars. 

Approved  March  28,  19If.5. 


Emergency 
preaitiVjlo. 


(V/o/^.lGG  An  Act  to  facilitate  voting  by  absent  voters,  members 

OF   THE   ARMED   FORCES   AT   CITY   AND   TOWN    ELECTIONS. 

Whereas,  The  deferred  operation  of  this  act  would  tend 
to  defeat  its  purpose,  which  is  to  provide  sufficient  time  for 
printing  and  mailing  absent  voting  war  ballots  to  members 
of  the  armed  forces  and  to  facilitate  voting  by  such  members 
in  cities  and  towns  where  the  provisions  of  law  in  respect  to 
absent  voting  in  city  or  town  elections  are  in  effect,  there- 
fore it  is  hereby  declared  to  be  an  emergency  law,  necessary 
for  the  immediate  preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  This  act  shall  be  operative  for  any  regular 
city  or  town  election,  except  in  Boston,  upon  vote  of  the 
mayor  and  aldermen  in  cities  or  selectmen  in  towns,  and 
shall,  notwitlistanding  any  contrary  provisions  of  general  or 
special  laws,  apply  in  such  cities  and  towns  where  the  pro- 
visions of  law  in  respect  to  absent  voting  are  in  effect.  The 
mayor  and  aldermen  in  cities,  except  in  Boston,  or  selectmen 
in  towns  may,  during  the  period  of  time  in  which  this  act  is 
in  effect  in  such  city  or  town,  fix  the  day  of  holding  of  pre- 
Uminary  elections  in  cities  or  city  or  town  primaries.  Where 
the  tiling  of  nomination  papers  and  certification  of  names 


Acts,  1945.  —  Chap.   166.  127 

thereon  in  cities  IIimI.  have  preHniinary  elections  is  based 
upon  the  day  of  the  election,  they  may  lix  the  time  for  tiling 
nomination  papers  and  the  certification  of  the  names  thereon. 
Where  nominations  for  election  at  a  city  or  town  election  are 
made  by  nomination  pai)crs,  or  by  caucuses  or  conventions, 
they  may  hx  the  last  day  for  tiling  certificates  of  nomination 
and  nomination  papers.  In  any  such  city  or  town  where 
petitions  to  phice  questions  on  the  official  ballot  are  filed, 
they  shall  also  hx  the  last  day  for  filing  such  petitions.  All 
such  petitions  shall  be  filed  witli  the  election  commissioners 
or  registrars  of  voters  for  certification  of  the  names  thereon 
on  or  before  the  seventh  da}^  preceding  the  day  so  fixed  for 
filing. 

In  any  city  or  town  where  this  act  is  operative  wherein 
the  voting  list  of  the  current  year  is  not  available  for  the 
purpose  of  certifying  names,  the  \'oting  list  of  the  preceding 
year,  as  amended  or  revised  from  time  to  time,  may  be  used 
therefor. 

Except  as  otherwise  pro\ided  in  iliis  act  all  provisions  of 
general  or  special  laws  pertaining  to  elections  shall  apply  to 
any  regular  city  or  town  election  held  under  this  act. 

Any  action  taken  by  the  maj'or  and  aldermen  or  select- 
men fixing  an}-  day  as  authorized  in  this  act  shall  be  taken 
not  later  than  the  sixtieth  day  prior  to  the  day  so  fixed,  and 
such  da\^  so  fixed  shall  be  prior  to  the  day  now  provided  by 
general  or  special  law,  and  if  not  so  fixed  general  or  special 
laws  shall  otherwise  apply  thereto. 

Notice  of  such  action  shall  be  published  in  one  or  more 
local  newspapers,  if  any,  or  posted  in  at  least  five  public 
places  within  the  city  or  town. 

Section  2.  The  provisions  of  section  ninety  of  chapter 
fifty-four  of  the  General  Laws  shall  not  be  operative. 

Section  3.  The  words  "armed  forces  of  the  United 
States"  as  used  in  this  act  and  in  chapter  three  hundred 
and  ninet}'  of  the  acts  of  nineteen  hundred  and  forty-three, 
shall,  for  the  purposes  of  an}-  regular  city  or  town  election, 
include  persons  serving  in  the  merchant  marine  of  the  United 
States,  and  persons  serving  in  the  American  Red  Cross,  the 
Society  of  Friends,  the  Women's  Auxiliary  Service  Pilots  or 
the  United  Ser\  ice  Organizations  and  attached  to  and  serv- 
ing with  such  armed  forces,  and  shall  also  include  veterans 
of  World  War  II,  so  called. 

Section  4.  The  cit}-  or  town  cUu'k  or  election  commis- 
sioners may  determine  and  prescribe  the  weight,  color  and 
kind  of  paper  to  be  used  for  absent  Noting  war  ballots  and 
envelopes  and  accompanying  voting  instructions  to  be  pro- 
vided for  use  at  any  regular  city  or  town  election  by  mem- 
bers of  the  armed  forces  of  the  United  States,  in  so  far  as 
may  in  their  opinion  be  necessary  for  the  purpose  of  facili- 
tating \  oting  b\'  absent  voting  war  ballots  b.y  said  members 
at  such  an  election  or  for  the  purpose  of  securing  the  neces- 
sary paper  in  view  of  the  present  shortage,  and  may  make 
such  provision  for  the  mailing  and  delivery  of  said  ballots  to 


128  Acts,  1945.  —  Chap.  ]66. 

said  members  as  may  in  their  opinion  be  necessary  for  sucli 
purpose.  On  the  back  of  each  such  ballot  when  folded,  shall 
be  printed  the  words,  "Official  War  Ballot". 

Section  5.  Any  form  of  written  communication  from  a 
member  of  the  armed  forces  of  the  United  States  evidencing 
a  desire  that  an  absent  voting  ballot  be  sent  to  him  for  use 
for  voting  at  any  regular  city  or  town  election  shall  be  given 
the  same  effect  as  an  application  for  an  absent  voting  ballot 
made  in  a  form  prescribed  by  law,  and  any  such  communi- 
cation, whether  or  not  in  the  form  of  an  application  so  pre- 
scribed, shall,  if  such  member  of  said  armed  forces  is  not  a 
registered  voter,  also  be  given  the  same  effect  as  an  appli- 
cation for  his  registration  made  by  kindred  in  compliance 
with  chapter  three  hundred  and  ninety  of  the  acts  of  nine- 
teen hundred  and  forty-three.  No  such  communication  shall 
be  adversely  acted  upon  except  after  investigation  by  the 
election  commissioners  or  registrars  of  voters. 

Section  6.  Any  action  in  connection  with  voting  by 
absent  voting  ballots  which  may  lawfully  be  taken  under 
chapter  three  hundred  and  ninetj^  of  the  acts  of  nineteen 
hundred  and  forty-three  or  any  other  provision  of  law  by, 
before  or  in  the  presence  of  an  official  authorized  by  law  to 
administer  oaths  or  a  commissioned  officer  in  the  military  or 
naval  forces  of  the  United  States  or  by  a  clerk  of  a  court  of 
record  may,  in  the  case  of  voting  by  absent  voting  ballots 
by  members  of  the  armed  forces  of  the  United  States  at 
any  regular  city  or  town  election,  be  taken  with  like  effect 
by,  before  or  in  the  presence  of  any  commissioned  officer, 
noncommissioned  officer  not  below  the  rank  of  sergeant,  or 
petty  officer,  in  the  military  or  naval  forces  of  the  United 
States,  or  by,  before  or  in  the  presence  of  any  member  of  the 
merchant  marine  of  the  United  States  who  may  be  desig- 
nated by  the  Administrator  of  the  War  Shipping  Adminis- 
tration for  the  purpose  of  administering  and  attesting  oaths 
in  connection  with  voting  by  absent  voting  ballots. 

Section  7.  No  mere  informality  in  the  manner  of  carry- 
ing out  any  provision  of  law  affecting  voting  by  absent 
voting  ballots  by  members  of  the  armed  forces  of  the  United 
States  at  any  regular  city  or  town  election  shall  invalidate 
such  election  or  constitute  sufficient  cause  for  the  rejection 
of  the  returns  thereof;  and  such  provisions  shall  be  con- 
strued liberally  to  effectuate  their  purposes. 

Section  8.  This  act  shall  not  apply  to  any  regular  city 
or  town  election  held  after  the  expiration  of  one  year  follow- 
ing the  termination  of  the  existing  states  of  war  between 
the  United  States  and  certain  foreign  countries. 

Approved  March  29,  191^5. 


Acts,  1945.  —  Chaps.  167,  168,  169.  129 

An  Act  to  limit  the  time  within  which  a  city  council  (J/jq^^  igy 
OR  selectmen  may  act  as  a  boakd  of  appeals  under  ' 

THE    ZONING    LAW. 

Be  it  enacted,  etc.,  as  follows: 

Section  thirtj^  of  chapter  forty  of  the  General  Laws,  as  c.  l.  (Ter. 
amended,  is  hereby  further  amended  by  inserting  after  the  fso.'efc'., 
word  "appeals"  in  the  fourth  line,  as  appearing  in  section  amended, 
one  of  chapter  two  hundred  and  sixty-nine  of  the  acts  of 
nineteen  hundred  and  thirty-three,   the  words :  —  ,   for  a 
period  of  not  more  than  three  months  after  the  adoption 
of  such  ordinance  or  by-law,  —  so  that  the  first  paragraph, 
as  so  appearing,  will  read  as  follows :  —  Such  ordinances  or  Local  bourd 
by-laws  shall  provide  for  a  board  of  appeals  which  may  be  piw^s^^and 
the  existing  board  of  appeals  under  the  local  building  or  duties. 
planning  ordinances  or  by-laws.     Pending  provision  for  a 
board  of  appeals,  for  a  period  of  not  more  than  three  months 
after  the  adoption  of  such  ordinance  or  by-law,  the  city 
council  or  selectmen  shall  act  as  a  board  of  appeals.     Any 
new  board  of  appeals  established  hereunder  shall  consist  of 
at  least  three  members,  who  shall  be  appointed  by  the  mayor, 
subject  to  the  confirmation  of  the  city  council,  or  by  the 
selectmen,  for  terms  of  such  length  and  so  arranged  that 
the  term  of  one  appointee  will  expire  each  year;    and  said 
board  shall  elect  annually  a  chairman  from  its  own  number. 
Any  board  so  established  may  also  act  as  the  board  of 
appeals  under  the  local  building  or  planning  ordinances  or 
by-laws.  Approved  March  29,  1945. 

An  Act  relative  to  quorums  of  town  meeting  members  (ninf)  168 

IN   THE    TOWN   OF   FAIRHAVEN.  ^' 

Be  it  enacted,  etc.,  as  folloios: 

The  second  paragraph  of  section  three  of  chapter  two 
hundred  and  eighty-five  of  the  acts  of  nineteen  hundred  and 
thirty  is  hereby  amended  by  striking  out  the  second  sen- 
tence and  inserting  in  place  thereof  the  following  sentence: 
—  One  hundred  town  meeting  members  shall  constitute  a 
quorum  for  doing  business;  but  a  less  number  may  organize 
temporarily  and  may  adjourn  from  time  to  time,  and  at  an 
adjourned  meeting  seventy-five  town  meeting  members  shall  • 
constitute  a  quorum.  Approved  March  29,  1945. 

An  Act  relative  to  the  date  as  of  which  valuations  QJiay  169 

SHALL  BE  determined  BY  THE  COMMISSIONER  OF  CORPO- 
RATIONS AND  TAXATION  FOR  THE  PURPOSE  OF  APPOR- 
TIONMENT OF  COSTS  IN  THE  SOUTH  ESSEX  SEWERAGE 
DISTRICT. 

Be  it  enacted,  etc.,  as  follows: 

Section  eighteen  of  chapter  tliree  hundred  and  thirty- 
nine  of  the  acts  of  nineteen  hundred  and  twenty-five  is 
hereby  amended  b}-  striking  out  in  the  sixth  line  of  the  fifth 


130  Acts,  1945.  —  Chaps.  170,  171. 

paragraph  under  the  heading  (/i),  said  paragraph  having 
been  most  recently  amended  b}^  section  one  of  chapter 
twenty-two  of  the  acts  of  nineteen  hundred  and  twenty- 
nine  and  being  the  last  paragraph  as  appearing  in  said  sec- 
tion one,  the  word  "April"  and  inserting  in  place  thereof 
the  words:  ■ —  January  of  tlie  }'ear,  —  so  that  said  paragraph 
will  read  as  follows :  — 

The  commissioner  of  corporations  and  taxation  shall  an- 
nually, beginning  in  the  year  nineteen  hundred  and  thirty, 
determine  and  report  to  said  board  prior  to  February  first 
the  respective  taxable  valuations  of  said  cities  of  Salem, 
Beverly  and  Peabody  and  of  said  town  of  Dativers,  as  of 
the  first  day  of  January  of  the  year  next  preceding,  and  the 
valuations,  as  of  said  day,  as  determined  by  said  commis- 
sioner, of  the  institutions  served  by  the  sewerage  system 
herein  provided  for;  provided,  that  no  part  of  the  valua- 
tions of  the  Essex  count}'  sanatorium,  Danvers  state  hos- 
pital, Essex  count}^  agricultural  school  and  the  industrial 
camp  shall  for  purposes  of  apportionment  be  included  in  the 
valuation  of  the  town  of  Danvers. 

Approved  March  29,  1945. 


C]i(ipA70  A.N  Act  changixg  the  name  of  the  episcopal  society  in 

CAMBRIDGE    TO    CHRIST    CHURCH,    CAMBRIDGE. 

Be  it  enacted,  etc.,  as  follows: 

The  name  of  the  Episcopal  Society  in  Cambridge,  incor- 
porated by  chapter  eighty-two  of  the  acts  of  eighteen  hun- 
dred and  fifteen,  which  act  was  approved  on  Februarj^  ninth, 
eighteen  hundred  and  sixteen,  is  hereb}'  changed  to  Christ 
Church,  Cambridge.  Approved  March  29,  194d. 


CJ)ap.l71  An   Act   relative   to    the    purchase   by    co-operative 

BANKS  FROM  FEDERAL  AGENCIES  OF  CERTAIN  LOANS  MADE 
BY  SUCH  AGENCIES. 

Be  it  enacted,  etc.,  as  follows: 

KriV  lYo^'  Chapter  one  hundred  and  seventy  of  the  General  Laws 

i/ow'§30A,        is  hereby  amended  by  inserting  after  section  thirty-nine, 
"'^'''"''  as  amended,  the  following  section:  —  Section  39 A.    Notwith- 

purchirsos  standing  any  other  provision  of  law,  an}'^  such  corporation, 
from  federal  jj^  order  to  assist  any  federal  agency  in  the  process  of  liqui- 
authorized.  dating  its  assets,  may  purchase  first  mortgage  loans  from 
such  agency,  subject  to  the  following  provisions :  —  eacii  such 
mortgage  loan  so  purchased  shall  be  upon  improved  real 
estate  situated  in  the  commonwealth,  shall  not  have  a  bal- 
ance due  which,  together  with  municipal  liens,  is  in  ex- 
cess of  eight  thousand  dollars,  shall  not  exceed  eighty  per 
cent  of  the  value  of  the  mortgaged  property  as  certified  by 
the  security  committee  of  such  corporation,  and  shall  by  its 
terms  or  b}^  extension  agreement  call  for  monthly  or  quar- 


Acts,  1945.  —  Chaps.  172,  173.  131 

torly  payments  of  interest  and  principal,  such  payments  of 
principal  to  be  in  substantially  equal  amounts  which  will 
fully  pay  the  mortgage  debt  at  a  time  not  beyond  twenty 
years  from  the  date  of  pui'chase;  the  aggregate  amount  of 
all  such  loans  purchased  under  this  section  by  any  such 
corporation  shall  not  at  the  time  of  any  such  pvu'chase  ex- 
ceed ten  per  cent  of  the  aggregate  of  all  loans  secured  by 
mortgages  of  real  estate  held  by  such  corporation,  nor  shall 
the  aggregate  amount  of  such  loans  to  any  one  borrower 
so  purchased  by  any  such  corporation  exceed  one  per  cent 
of  the  aggregate  of  all  loans  secured  by  mortgages  of  real 
estate  held  by  such  corporation. 

Approved  March  29,  194o. 


An  Act  increasing  from  three  hundred  to  five  hun-  Chap. 172 

DRED  DOLLARS  THE  AMOUNT  TO  BE  USED  FOR  REPAIRS,  IN 
CONNECTION  WITH  THE  REDUCTION  OF  CERTAIN  LOANS  IN 
CO-OPERATIVE    BANKS. 

Be  it  enacted,  etc.,  as  follows: 

Section  thirty-three  of  chapter  one  liundred  and  seventy  g.  l.  (Tcr. 
of  the  General  Laws,  as  amended  by  chapter  one  hundred  §^33,' eY".' 
and  ninety  of  the  acts  of  nineteen  hundred  and  thirtj^-five,  amendeti.' 
is  hereby  further  amended  by  striking  out,  in  the  seventh 
line,  the  word  "three''  and  inserting  in  place  thereof  the 
word :  —  five,  —  so  that  the  first  sentence  will  read  as  fol- 
lows :  —  With  the  approval  of  the  board  of  directors,  any  Co-operativc 
shares  pledged  for  a  real  estate  loan  ma}-,  at  the  request  of  uon'^onoanr." 
the  owner  thereof,  be  cancelled,  whereupon  there  shall  be 
endorsed  on  the  mortgage  note  as  a  credit  upon  the  amount 
of  the  loan  the  full  value  of  such  shares,  less  all  monthly 
instalments  of  interest  and  fines  in  arrears,  unpaid  taxes, 
and  an  amount  not  in  excess  of  five  hundred  dollars  to  be 
expended  for  repairs,  both  at  the  option  of  the  directors, 
an>'  other  legal  charges  and  such  sum  as  will  leave  the 
amount  of  the  loan  a  multiple  of  fifty  dollars. 

Approved  March  29,  1945. 


Ax  Act  relative  to  the  monthly  payments  upOxN  direct  C/kijj  173 

REDUCTION    LOANS    IX    CO-OPERATIVE    BANKS. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  thirty-six  B  of  chapter  one  hundred  and  seventy  g.  l.  (Tcr. 
of  the  General  T^aws,  inserted  b.y  section  one  of  chapter  two  l^ieBl^etc. 
hundred  and  ninety-three  of  the  acts  of  nineteen  hundred  amended, 
and  forty-one,  is  hereby  amended  by  adding  at  the  end  the 
following  sentence :  — -  Whenever  one  or  more  shares  of  such 
corporation  is  or  are  pledged  as  security  for  any  such  loan, 
the  board  of  directors  may  reduce  the  fixed  monthly  pay- 
ments by  an  amount  not  greater  than  the  monthly  dues 
payable  on  the  share  or  shares  so  pledged,  —  so  as  to  read 


132 


Acts,  1945.  —  Chap.  174. 


Monthly 
payments  on 
direct  rcdvic- 
tion  loans. 


as  follows:  —  Section  36 B.  Any  such  corporation  may  ac- 
cept principal  payments  in  excess  of  payments  required 
iinder  any  mortgage  written  imder  section  thirty-six  A,  in 
which  event  the  directors  may  reduce  the  monthly  payments 
as  set  forth  in  said  mortgage;  provided,  that  such  reduced 
i:)ayments  shall  not  extend  the  original  term  of  the  mort- 
gage, except  as  authorized  by  section  thirty-six  D.  When- 
ever one  or  more  shares  of  such  corporation  is  or  are  pledged 
as  security  for  any  such  loan,  the  board  of  directors  may  re- 
duce the  fixed  monthly  payments  by  an  amount  not  greater 
than  the  monthly  dues  payable  on  the  share  or  shares  so 
pledged.  Approved  March  29,  194^. 


Chap. 174:  An  Act  authorizing  additional  loans  for  the  benefit 
OF  certain  real  estate  mortgaged  to  co-operative 
banks. 


G.  L.  (Ter. 
Ed.),  170. 
new  §  36E, 
added. 


Additional 
loans  on  cer- 
tain real  estate 
authorized. 


Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  seventy  of  the  General  Laws  is 
hereby  amended  by  inserting  after  section  thirty-six  D,  in- 
serted by  section  one  of  chapter  two  hundred  and  ninety- 
three  of  the  acts  of  nineteen  hundred  and  forty-one,  the 
following  section :  —  Section  36 E.  Any  such  corporation  may 
also  make  loans  and  advances  of  credit  to  owners  of  im- 
proved real  estate  upon  which  it  holds  mortgages,  in  any 
form,  for  the  purpose  of  financing  the  repair,  alteration, 
improvement  or  rehabilitation  thereof  or  the  purchase  and 
installation  of  fixtures  to  be  affixed  thereto  or  diu-able  appli- 
ances to  be  used  in  the  maintenance  and  ordinary  use  of 
said  real  estate;  provided,  that,  at  the  time  of  maldng  any 
loan  hereunder,  all  such  loans  with  respect  to  any  one  par- 
cel of  real  estate  then  outstanding,  together  with  the  loan 
then  being  made,  shall  not  exceed  one  thousand  dollars  nor, 
combined  with  the  balance  due  upon  mortgages  held  by 
such  (;orporation  u))on  said  parcel  of  real  estate,  exceed  the 
value  of  said  parcel  of  real  estate  as  then  certified  by  the 
security  committee  of  such  corporation;  and  provided,  fur- 
ther, that  such  loans  shall  be  payable  at  a  time  not  ex- 
ceeding five  years  from  the  date  thereof,  and  shall  require 
payments  to  be  made  on  account  of  the  principal  in  sub- 
stantially equal  monthh^  installments,  such  payments  to 
commence  not  later  than  one  month  after  the  date  of  the 
note,  and  to  be  in  amounts  wiiich,  at  the  maturity  of  the 
note,  shall  equal  the  original  amount  of  the  note.  Sucii 
loans  and  advances  of  credit  may  be  secured  or  unsecured 
and  effected  in  such  form  and  manner  as  the  security  com- 
mittee may  determine.  Approved  March  29,  1945. 


Acts,  1945.  —  Chaps.  175,   176.  133 


An  Act  providing  that  operators  of  certaixN  ships  and  (]^}^fip  175 

VESSELS  SHALL  BE  COMMON  CARRIERS  WHEN  FURNISHING 
OR  RENDERING  CERTAIN  SERVICES,  AND  THAT  SUCH  SERV- 
ICES SHALL  BE  SUBJECT  TO  REGULATION  BY  THE  DEPART- 
MENT  OF    PUBLIC    UTILITIES. 

He  it  enacted,  etc.,  as  follows: 

Section  twelve  of  cluipter  one  hundred  and  fifty-nine  of  p^j','- ^Jg""  §  ,., 
(he  Genertd  Laws,  as  appearing  in  the  Tercentenary  Edition,  aniemied." 
is  hereby  amended  by  striking  out  paragraph  (a)  and  in- 
serting in  place  thereof  the  following  paragraph :  — 

(a)  The  transportation  or  carriage  of  persons  or  property,  ^-yT'ers 
or  both,  between  points  within  the  commonwealth  by  rail-  fuVisTu.tion. 
roads,  street  railways,  in  this  chapter  called  railways,  elec- 
tric railroads,  trackless  trolleys  and  ships  or  vessels  in  ex- 
cess of  one  hundred  gross  tons  using  steam  or  Diesel  engine 
as  means  of  propulsion,  including  express  service  and  car 
service  carried  on,  upon  or  rendered  in  connection  with 
such  railroads,  railways,  electric  railroads,  trackless  trolleys 
or  ships  or  vessels  in  excess  of  one  hundred  gross  tons  using 
steam  or  Diesel  engine  as  means  of  propulsion. 

Approved  March  29,  194-0. 


An  Act  relative  to  construction  loans  in  co-opera-  C7/op.l76 

TIVE    BANKS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  twenty-seven  of  chapter  one  hun-  g.  l.  (Xer. 
dred  and  seventy  of  the  General  Laws,  as  appearing  in  chap-  f  27,'eVa,' 
ter  one  hundred  and  forty-four  of  the  acts  of  nineteen  hun-  amended, 
dred  and  thirty-three,  is  hereby  amended  by  inserting  after 
the  first  sentence  the  following  sentence:  —  In  the  case  of 
a  construction  loan  the  shares  so  pledged  may,  at  the  option 
of  the  directors,  be  subscribed  for  in  a  series  to  be  issued 
not  later  than  six  months  after  the  date  of  the  note,  —  so 
as  to  read  as  follows:  —  Section  27.     For  every  loan  made  Loans  on 
upon  real  estate  a  note  shall  be  given,  accompanied  by  a  "''''  ''^***^' 
transfer  and  pledge  of  the  requisite  number  of  shares  stand- 
ing in  the  name  of  the  borrower,  and  secured  by  a  mortgage 
of  real  estate  situated  in  the  commonwealth,  the  title  to 
which  is  in  the  name  of  the  borrower  and  which  is  unen- 
cumbered by  any  mortgage  or  lien  other  than  numicipal 
liens  or  such  as  may  be  held  by  the  corporation  making  the 
loan.    In  the  case  of  a  construction  loan  the  shares  so  pledged 
may,  at  the  option  of  the  directors,  be  subscribed  for  in  a 
series  to  be  issued  not  later  than  six  months  after  the  date 
of  the  note.    No  loan  upon  one  parcel  of  real  estate  shall 
exceed  eight  thousand   dollars,   and  no  loan  shall    exceed 
eighty  per  cent  of  the  value  of  the  mortgaged  property, 
if  improved  real  estate,  nor  more  than  fifty  per  cent  ol' 
such  value,  if  vacant  land,  as  certified  by  the  security  com- 
mittee.   The  shares  so  pledged  shall  be  held  by  the  corpora- 


34 


Acts,  1945.  —  Chap.  177. 


G.  L.  (Tor. 
Kd.),  170, 
§  36A,  etc, 
amended. 


Monthly 
payments 
on  construc- 
tion loans. 


tion  as  ('olIalerHl  sfouriiy  for  the.  perform  an  c<^  of  the  condi- 
tions of  the  note  and  mortgage.  The  note  and  mortgage 
shall  recite  the  number  of  sliares  and  the  series  to  which  the 
shares  belong  and  the  amount  of  money  advanced  thereon, 
and  shall  be  conditioned  upon  the  payment  at  or  before  the 
stated  meetings  of  the  corporation  of  the  monthly  dues  on 
said  shares,  and  the  interest  upon  the  loan,  with  all  fines  on 
payments  in  arrears,  until  said  shares  reached  their  matured 
value  or  until  said  loan  is  otherwise  cancelled  and  discharged. 
If  the  borrower  fails  to  offer  security  satisfactory  to  the  di- 
rectors within  the  time  prescribed  by  the  by-laws,  his  right 
to  the  loan  shall  be  forfeited  and  he  may  be  charged  with 
one  month's  interest  at  the  determined  rate,  and  with  such 
part  of  the  expenses  incurred  as  may  be  determined  by 
the  board  of  directors;  and  the  money  appropriated  for  such 
loan  may  subsequently  be  reloaned. 

Section  2.  Section  thirty-six  A  of  said  chapter  one  hun- 
dred and  seventy,  inserted  by  section  one  of  chapter  two 
hundred  and  ninetj^-three  of  the  acts  of  nineteen  hundred 
and  forty-one,  is  hereby  amended  by  adding  after  the  para- 
graph amended  by  chapter  one  hundred  and  fifteen  of  the 
acts  of  the  current  year  the  following  paragraph :  — 

In  the  case  of  a  construction  loan  the  monthly  payments 
may  be  computed  and  fixed  so  that  any  or  all  of  the  first 
six  monthly  payments  may  be  less  than  the  remaining 
monthly  payments  by  such  amounts  as  otherwise  would  be 
applied  to  principal.  Approved  March  29,  1945. 


G.  L.  (Ter. 
Ed.),  170, 
§  12.  etc., 
amended. 


Share 

saving.s 

accounts. 


Chav.lll  An   Act   relative   to   share   savings   accounts   in   co- 
operative BANKS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  twelve  of  chapter  one  hundred  and 
seventy  of  the  General  Laws,  as  most  recently  amended  by 
chapter  seventy-three  of  the  acts  of  nineteen  hundred  and 
forty-one,  is  hereby  further  amended  by  adding  at  the  end 
the  following:  —  In  order  to  enable  prospective  purchasers 
of  paid-up  shares  to  accumulate  savings  with  which  to  pur- 
chase such  shares,  such  corporation  may  accept  payments, 
subject,  however,  to  withdrawals  from  time  to  time,  to  be 
held  by  the  corporation  in  share  savings  accounts  to  which 
there  shall  be  credited  at  every  regular  distribution  date 
interest  on  such  rate  basis  as  the  directors  may  determine, 
not  exceeding  the  divid(>nd  rate  payable  upon  paid-up 
shares,  computed  without  regard  to  fractions  of  a  dollar; 
provided,  that  interest  shall  not  be  credited  upon  amounts 
withdrawn  between  distribution  dates,  and  shall  be  cred- 
ited upon  amounts  deposited  from  and  after  the  bank  day 
next  following.  From  time  to  time,  as  the  value  of  any 
such  account  equals  or  exceeds  the  cost  of  a  paid-up  share, 
the  holder  of  such  account  shall  become  entitled  to  paid-up 
shares  to  tlie  equivalent  of  such  cost.    The  holders  of  such 


tiori  loans. 


Acts,  1945.  —  Chap.   177.  135 

share  savings  accounts  shall  be  deemed  members  of  the 
corporation,  with  the  voting  rights  of  unmatured  share- 
holders. In  the  event  of  dissolution  or  winding  up  of  such 
corporation,  by  process  of  law  or  otherwise,  any  holder  of 
such  an  account  shall  not  thereby  be  entitled  to  any  pref- 
erence over  any  shareholder,  but  such  account  shall  be  held 
and  treated  in  the  same  general  class  of  liability  as  unma- 
tured shares.  For  all  the  purposes  of  chapter  forty-five  of 
the  acts  of  nineteen  hundred  and  thirty-two,  as  amended, 
and  of  chapter  seventy-three  of  the  acts  of  nineteen  hundreil 
and  thirty-four,  as  amended,  the  liability  of  any  such  cor- 
poration upon  such  share  savings  accoimts  shall  be  deemed 
to  be  and  treated  as  share  liability. 

Section  2.  Section  thirty-six  A  of  said  chapter  one  hun-  o.  l.  (Ter. 
dred  and  seventy,  as  amended,  is  hereby  further  amended  f teX.^lu-., 
by  striking  out,  in  the  eighteenth  and  nineteenth  lines,  as  •'■•■pn.ie.i. 
appearing  in  section  one  of  chapter  two  hundred  and  ninety- 
three  of  the  acts  of  nineteen  hundred  and  fortj^-one,  the 
words  " ,  holding  one  or  more  unmatured,  matured  or  paid-up 
shares  in  his  own  name",  —  so  that  the  first  paragraph,  as 
so  appearing,  will  i-ead  as  follows: — Anv  such  corporation  Direct reciuc- 
may  also  make  loans,  to  be  known  as  du'ect-reduction  loans, 
upon  improved  real  estate  situated  in  the  commonwealth, 
the  title  to  which  is  in  the  name  of  the  borrower  and  which 
is  unencumbered  by  any  mortgage  or  lien  other  than  munic- 
ipal liens  or  such  mortgages  as  may  be  held  by  the  cor- 
poration making  the  loan.  All  such  loans  shall  be  subject 
to  the  following  provisions:  —  each  such  loan  shall  be  evi- 
denced bj'^  a  promissory  note  in  the  full  sum  loaned,  signed 
by  the  borrower;  each  note  and  mortgage  taken  hereunder 
shall  contain  provisions  calling  for  fixed  monthly  payments, 
in  the  same  amount  during  the  term  of  the  loan,  which  pay- 
ments shall  be  first  applied  to  interest  and  the  balance 
thereafter  remaming  applied  to  principal;  interest  upon 
each  such  loan  shall  be  computed  monthly  on  the  unpaid 
balance  thereof;  the  borrower  and  each  subsequent  owner 
of  the  equity  of  redemption  shall  at  all  times  be  a  member 
of  such  corporation;  and  any  mortgage  taken  hereunder 
may  contain  provisions  requiring  the  payment  each  month 
of  a  monthly  apportionment  of  estimated  taxes,  betterment 
assessments  and  insurance  premiums,  or  any  of  them.  Fail- 
ure to  comply  with  any  of  the  foregoing  requirements  con- 
tained in  such  a  mortgage  or  note  shall  constitute  a  breach 
of  condition  for  which  the  unpaid  balance  of  such  loan  shall 
become  due  and  payable  forthwith  at  the  option  of  such 
corporation.  Approved  March  29,  1945. 


136  Acts,  1945.  —  C^haps.  178,  179,  180. 


Chap.  178  A\  Act  ublative  to  the  use  ok  certain  election   dis- 
tricts  IN   THE   CITY   OF   NORTH    ADAMS. 

Be  it  eriaded,  etc.,  as  follows: 

Section  1.  The  wards  established  by  the  city  council 
in  the  city  of  North  Adams  in  the  year  nineteen  hundred 
and  forty-four,  as  authorized  by  section  one  of  chapter  tifty- 
four  of  the  General  Laws,  shall  be  used  for  all  primaries 
and  elections  held  in  said  city;  and  for  such  purposes  elec- 
t-ion officers  shall  be  appointed  and  voting  lists  shall  be 
prepared  and  all  other  things  required  by  law  shall  be  done 
in  accordance  with  the  lines  of  the  wards  so  established, 
notwithstanding  the  provisions  of  section  four  of  said  chap- 
ter fifty-four;  provided,  that  upon  any  subsequent  redi vi- 
sion of  the  city  into  wards  under  said  section  one,  the  pro- 
visions of  said  section  four  shall  apply  thereto. 

Sfx'tion  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  30,  1945. 


Chap. i7^J  An  Act  providing  for  the  appointment  of  an  assist- 
ant messenger  of  THE  SUPERIOR  COURT  IN  THE  COUNTY 
OF  SUFFOLK  AND  THE  ESTABLISHMENT  OF  HIS  SALARY. 

Be  it  enacted,  etc.,  as  follows: 

G.  L.  (Ter.  SECTION  1.     Chapter  two  hundred  and  twenty-one  of  t,he 

ne'lv'§^7«A.        General  Laws  is  hereby  amended  by  inserting  after  sec- 

a.uied.  |if)j-j  Heventy-six  the  following  new  section:  —  Section  76 A. 

misslTlv         ^^^^^  justices  of  the  superior  court  may  appoint  an  assistant 

of  Suffolk  messenger  of  said  court  sitting  in  and  for  the  county  of 

cowt""^  Suffolk.    His  salary  shall  be  established  by  said  justices  and 

shall  be  paid  by  said  county.     Sections  forty-nine  to  tifty- 

six,  inclusive,  of  chapter  thirty-five  shall  not  apply  to  said 

assistant  messenger. 

Effective  SECTION  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  30,  1945. 


Chap. ISO  An  Act  prescribing  terms  and  conditions  which  shall 

BE    complied    with    BEFORE    PARDONING    FELONIES. 

Emergency  Whercas,    Contentions  were  made  prior  to  the  adoption 

of  Article  LXXIII  of  the  amendments  to  the  constitution, 
authorizing  the  general  court  to  prescribe  terms  and  condi- 
tions to  be  complied  with  before  pardoning  felonies,  that 
certain  existing  provisions  of  law  relative  to  pardons,  con- 
tained in  chapter  one  hundred  and  twenty-seven  of  the 
General  Laws  and  its  amendments,  constituted  interference 
by  the  legislative  with  the  executive  department,  and 

Whereas,  Doubt  may  arise  as  to  the  etiect  to  be  given 
said  existing  statutory  ])rovisions  of  law  after  the  adoption 
of  .sMJd  arti<rle  of  ameiulment,  and  tlie  possibility  of  sucli 


Acts,  1945. —  Chap.  181.  137 

doubt  should  immediately  be  eliminated,  therefore  this  act 
is  hereby  declared  to  be  an  emergency  law,  necessary  for 
the  iuuncdiate  preservation  of  the  public  convenience. 

F>e  it  enacted,  etc.,  as  follows: 

The  general  court,  acting  under  authorit}'  of  Article  ^ardon^<. 
LXXIII  of  the  amendments  to  the  constitution,  hereby  ■"'^suiation of. 
prescribes  the  provisions  of  sections  one  lumdred  and  hfty- 
two  and  one  hundred  and  fifty-four  of  chapter  one  hun- 
dred and  twenty-seven  of  the  General  Laws  as  respectively 
amended,  and  of  section  one  hundred  and  fifty-three  thereof, 
applicable  in  the  case  of  petitions  for  pardons  of  felonies,  as 
terms  and  conditions  which  shall  be  complied  with  before 
pardoning  felonies.  Approved  March  30,  1946. 


Ax  Act  to  unite  the  first  church  of  christ  in  lynn  (n.fjvy  is^i 
(congregational)    and    the    north    congregational  ^' 

church  of  lynn,  mass.,  and  for  other  purposes. 

Whereas,  Certain  propert}^  rights  of  the  members  of  the  Emergency 
(rhtirches  proposed  by  this  act  to  be  united,  and  property  p""^^'"^*^- 
rights  of  the  churches  themselves,  are  now  in  question  and 
it  is  advisable  that  the  matters  in  question  be  determined  as 
speedily  as  possible  by  the  union  of  the  churches  referred  to 
in  said  act,  and  the  deferred  operation  of  said  act  would  in 
part  defeat  its  purpose  to  make  such  union  immediately 
j)Ossible,  therefore  this  act  is  hereby  declared  to  be  an  emer- 
gency law,  necessary  for  the  immediate  preservation  of  the 
public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  North  Congregational  Church  of  Lynn, 
Mass.,  a  Massachusetts  corporation  organized  under  gen- 
eral law,  is  hereby  authorized  to  merge  in  and  unite  with 
First  Chin-ch  of  Christ  in  Lynn  (Congregational),  a  corpora- 
lion  organized  under  general  law,  and  said  First  Church  of 
Christ  in  I^ynn  (Congregational)  shall  in  all  respects  be  a 
continuance  of,  and  the  lawful  successor  to,  said  The  North 
Congregational  Church  of  Lynn,  Mass.,  mth  all  the  privi- 
leges, powers  and  immunities  to  which  other  religious  cor- 
])orations  in  the  commonwealth  are  entitled. 

Section  2.  Upon  said  merger  and  union,  the  treasurer 
of  said  The  North  Congregational  Church  of  Lynn,  Mass., 
is  hereby  authorized  to  execute  and  deliver  all  papers  and 
documents  that  may  be  deemed  necessary  and  proper  for 
effecting  the  transfer  of  its  property  of  every  kind  to  said 
First  Church  of  (Tirist  in  Lynn  (Congregational). 

Section  3.  All  bequests,  devises,  conveyances  and  gifts 
heretofore  or  hereafter  made  to  The  North  C'ongregational 
Church  of  Lynn,  Mass.,  however  described,  or  to  the  Lynn 
First  Congregational  Parisli  or  Society,  iiovvever  described, 
and  all  the  i)0wers  and  ])rivilcges  thereof,  shall  vest  in  First 
Church  of  (yhrist  in  Lynn  (Congregational)  and  all  trusts 


138  Acts,  1945.  —  Chap.  182. 

heretofore  or  hereafter  vested  in  any  of  said  corporations 
shall  be  preserved  inviolate,  and  all  powers  relating  to  such 
trusts  shall  have  full  force  and  effect  in  said  First  Church  of 
Clirist  in  Lynn  (Congregational),  in  so  far  as  such  authorit}^ 
and  right  may  be  granted  by  statute. 

Section  4.  Whatever  authority  or  right  is  granted  or 
conferred  by  this  act  is  hereby  declared  to  be  limited  to  such 
authority  or  right  as  the  general  court  may  constitutionally 
grant  or  confer,  without  prejudice  to  any  proceeding  that 
may  be  instituted  in  any  court  of  competent  jurisdiction  to 
effect  the  purposes  of  this  act.  . 

Section  5.  The  proceedings  and  votes  of  said  The  North 
Congregational  Church  of  Lynn,  Mass.,  and  First  Church  of 
Christ  in  Lynn  (Congregational)  relating  to  the  merger  and 
union  of  said  churches,  and  acts  and  doings  thereunder,  are 
hereby  ratified  and  confirmed,  notwithstanding  any  infor- 
malities, errors  or  omissions. 

Section  6.  Upon  the  acceptance  of  this  act  by  a  major- 
ity vote  of  the  members  of  each  of  said  corporations  present 
and  voting  at  meetings  dul}^  called  for  the  purpose,  certified 
copies  of  the  respective  votes  of  acceptance,  sworn  to  by 
the  respective  clerics  or  recording  officers  of  said  corpora- 
tions, shall  be  filed  for  record  in  the  registry  of  deeds  for  the 
southern  district  of  the  county  of  Essex  and  in  the  office  of 
the  state  secretar}',  and  upon  such  filing  said  union  and 
merger  shall  be  complete,  and  thereupon  the  persons  who 
are  then  members  of  said  The  North  Congregational  Church 
of  Lynn,  Mass.,  shall  be  and  become  inembers  of  said  First 
Church  of  Christ  in  Lynn  (Congregational). 

Approved  April  S,  1945. 


Chap. 182  An  Act  relative  to  the  taking  of  oaths  of  office  by 

PERSONS  ELECTED  TO  PUBLIC  OFFICE  WHILE  IN  THE  MILI- 
TARY OR  NAVAL  SERVICE  OF  THE  UNITED  STATES  DURING 
THE    EXISTING    WAR. 

preambiT^  IF/ieretts,    Man}^  citizens  of  this  commonwealth  are  being 

elected  to  public  office  while  serving  in  the  armed  forces  of 
the  United  States  and  it  is  deemed  to  be  for  the  public 
interest  that  provision  be  made  whereby  such  persons  may 
immediately  take  the  necessary  and  authorized  oaths  of 
oflPice  while  so  serving  and  absent  from  the  commonwealth, 
and  the  deferred  operation  of  this  act  would  in  part  defeat 
such  purpose,  therefore  this  act  is  hereby  declared  to  be  an 
emergency  law,  necessary  for  the  immediate  preservation  of 
the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

If  a  person  elected  to  public  office  is  unable  to  take  and 
subscribe  the  oaths  required  to  qualify  him  for  such  office 
before  an  officer  authorized  otherwise  than  by  this  act  to 
administer  such  oaths,  by  reason  of  service  in  the  mihtarj^ 
or  naval  forces  of  the  United  States  during  the  existing 


Acts,  1945.  —  C^iiaps.  183,  184.  139 

.t,a*>-  of  wfir  between  ihr.  United  States  and  any  foreign 
country,  such  person  maj-,  except  wliere  otherwise  required 
by  the  constitution,  take  and  subscribe  such  oaths  before  a 
commissioned  officer  not  below  tlie  rank  of  colonel  in  said 
military  forces,  or  the  rank  of  captain  m  said  naval  forces. 
Every  person  who  takes  and  subscribes  the  oaths  before 
such  a  commissioned  officer  shall  forthwith  transmit  to  the 
state  secretary  a  certificate  tliereof  signed  b}'  the  conunis- 
sioned  officer  who  administered  the  same. 

Approved  April  2,  1945, 


An    Act   placing   the    incumbent    of   the    position    of  C/utnAS?) 

SECRETARY    OF   THE    BOSTON    TRANSIT   DEPARTMENT    UNDER 
THE    CIVIL   SERVICE    LAWS   AND    RULES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  On  and  after  the  effective  date  of  this  act, 
I  he  provisional  incumbent  of  the  position  of  secretary  of 
the  transit  department  of  the  city  of  Boston  in  ofli(!e  on 
January  second,  nineteen  hundred  and  forty-five,  shall  be 
considered  to  be  properly  classified  under  the  civil  service 
laws  and  rules,  subject  to  his  passing  a  non-competitive 
qualifying  examination  to  which  he  shall  be  subjected  by 
the  division  of  civil  service.' 

Section  2.  The  person  referred  to  in  section  one  of  this 
act  shall  not  be  subjected  to  any  probationary  period;  pro- 
vided, that  he  passes  the  non-competitive  examination  as 
provided  in  said  section  one.        Approved  April  S,  1945. 


An  Act  pertaining  to  the  investment  of  deposits  of  (^jian  ]S4 

SAVINGS     banks    AND    THE     INCOME     DERIVED    THEREFROM 
IN  FIRST  MORTGAGES  OF  REAL  ESTATE. 

Be  it  enacted,  etc.,  as  follows: 

Sec'iton  1.     Clause  First  of  section  fifty-four  of  chapter  g.  l.  rivr. 
one  hundred  and  sixty-eight  of  the  General  Laws,  as  most  j^si.'eu?" 
recently  amended  by  chapter  ninety-four  of  the  acts  of  nine-  "mRnrfp'i" 
teen  hundred  and  forty-three,  is  hereby  further  amended  by 
striking  out  subdivision  (e),  as  appearing  in  section  two  of 
said  chapter  ninety-four,  and  inserting  in  place  thereof  the 
following  subdivision:  — 

(e)  A  loan  secured  by  a  first  mortgage  of  real  estate  located  ^^"J^o^rt'T  e 
in  the  conunon wealth,  except  real  estate  referred  to  in  sub-  ioans  not 
section  (h)  hereof,  not  exceeding  seventy  per  cent  of  the  value  sevent>"per 
of  the  premises  to  be  mortgaged,  may  be  made  for  a  period  of  '"f^Vomrse's"'' 
not  less  than  fixe  nor  more  than  twenty  years  from  the  date 
of  the  note,  provided  that  the  terms  of  the  note  shall  require 
payments  on  the  loan  to  be  made  in  periodic  installments, 
at  intervals  not  exceeding  three  months,  such  payments  to 
commence  not  later  than  three  montlis  after  the  date  of  the 
note,  ami  sucii  payments  on  any  loan  referred  to  in  t])W 


140 


Acts,  1945.  —  Chap.  184. 


G.  L.  (Ter. 
Ed.),  lliS, 
§  54,  new 
subdivision 
(e^i).  added. 

Same  subject. 

Loans  not 
e.xceeding 
seventy-five 
per  cent  of 
value  of 
premises. 


G.  L.  (Ter. 
Ed.),  168, 
§  54,  etc., 
amended. 


Certification 
and  revalua- 
tion of  loans. 


subsection  shall  be  in  aniounls  aggregating  jinnuaUy  not,  le^ss 
( ban  three  per  cent  of  the  original  amount  of  tl)e  loan ;  except. 
that  in  the  c:use  of  a  construction  loan  under  this  subsection, 
such  pa3niients  at  the  rate  of  not  less  than  tliree  per  cent  per 
annum  may  commence  not  later  than  six  months  after  the 
date  of  the  note.  No  loan  under  this  subsection  shall  be 
made  for  a  sum  in  excess  of  twenty-five  thousand  dollars. 

Skction  2.  Said  clause  First  is  hereby  further  amended 
l\y  inserting  after  subdivision  (e),  as  amended,  the  following 
subdivision:  — 

(e}/2)  ^  ioan  secured  by  a  first  mortgage  of  real  estate 
located  in  the  commonwealth,  except  real  estate  referred  to 
in  subsection  (b)  hereof,  not  exceeding  seventy-five  per  cent 
of  the  value  of  the  premises  to  be  mortgaged,  may  be  made 
for  a  period  of  not  less  than  ten  nor  more  than  twenty  years 
from  the  date  of  the  note,  provided  that  the  terms  of  the 
note  shall  require  payments  on  the  loan  to  be  made  in  periodic 
installments,  at  intervals  not  exceeding  three  months,  such 
payments  to  commence  not  later  than  three  months  after 
the  date  of  the  note,  and  such  payments  on  any  loan  referred 
to  in  this  subsection  shall  be  in  amounts  aggregating  annually 
not  less  than  three  per  cent  of  the  original  amoimt  of  the 
loan ;  except  that  in  the  case  of  a  construction  loan  under  this 
subsection,  such  [payments  at  the  rate  of  not  less  than  three 
per  cent  j^er  annum  may  commence  not  later  than  six  montlis 
after  the  date  of  the  note.  Any  mortgage  taken  imder  this 
subsection  shall  contain  a  provision  requiring  payment,  at 
least  quarterly,  of  a  proportionate  part  of  the  estimated  real 
estate^  taxes  and  betterment  assessments.  No  loan  under 
this  subsection  shall  be  made  for  a  sum  in  excess  of  ten  thou- 
sand dollars. 

Section  3.  Said  clause  First  is  hereby  further  amended 
by  striking  out  the  word  "and"  in  the  second  line  of  sub- 
division (/),  as  most  recently  amended  by  chapter  one  hun- 
dred and  eighty  of  the  acts  of  nineteen  hundred  and  thirty- 
seven,  and  inserting  in  place  thereof  a  comma,  —  and  by 
inserting,  in  the  same  line,  after  "(e)"  the  following:  —  and 
i*'}^)'  —  so  as  to  read  as  follows:  — 

(/)  Not  later  than  three  years  after  the  date  of  the  note, 
as  provided  by  subdivisions  (d),  (e)  and  {e}/^)  hereof,  not 
less  than  two  members  of  the  board  of  investment  shall 
certify  in  writing,  according  to  their  best  judgment,  the  value 
of  the  premises  mortgaged;  and  the  premises  shall  be  re- 
valued in  the  same  manner  at  intervals  of  not  more  than  three 
years  so  long  as  they  are  mortgaged  to  such  corporation. 
Such  report,  shall  be  filed  and  pre-^erved  with  the  records  of 
the  corporation.  Approved  April  4,  194o: 


Acts,  1945.  —  Chaps.  185,  186.  141 

.\x  Act  relative  to  the  issue  of  certain  void  marriages.  (JJiarf  185 

Re  it  enacted,  etc.,  as  follows: 

Section  seventeon  of  chapter  two  hundred  and  seven  of  ^■,\-^J^'^\  ,~ 
tlie  General  Laws,  as  appearing  in  the  lercentenary  hdition,  amended. 
is  iiereby  amended  b)^  inserting  after  the  word  "again"  in 
the  sixth  line  the  words:  —  ,  or  that  there  was  no  former  mar- 
riage,—  so  as  to  read  as  follows:  —  Section  17.     If  a  mar-  issue  of  mar- 
riage is  declared  void  by  reason  of  a  prior  marriage  of  either  reSon  of'prmr 
party  and  the  court  finds  that  the  second  marriage  was  con-  marriage. 
tracted  with  the  full  belief  of  the  party  who  was  capable  of 
contracting  the  second  marriage  that  the  former  husband  or 
wife  was  dead,  or  that  the  former  marriage  w;is  \oid,  or  that 
a  (hvorce  liad  been  decreed  leaving  the  party  to.  the  former 
marriage  free  to  marry  again,  or  that  tliere  was  no  former 
marriage,  such  finding  shall  be  stated  in  the  decree,  and  the 
issue  of  the  second  marriage,  if  born  or  begotten  before  the 
second  marriage  was  declared  void,  sliall  be  the  legitimate 
issue  of  the  j^arcnt  capable  of  contracting  the  marriage. 

Approved  April  4,  19J,5. 


An  Act  relative  to  the  practice  of  medicine  by  hospital  CJiav  18G 

INTERNES,    FELLOWS    AND    MEDICAL   OFFICERS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  twelve  of  the  General  Laws  is  c;.  i„  crcr. 
4iereby  amended  by  striking  out  section  nine,  as  amended  fg.^^tV.,"' 
by  chapter  one  hundred  and  fifty-two  of  the  acts  of  nineteen  amended. 
iiundred   and   thirty-three,    and   inserting   in   place   thereof 
the  following  section:  —  Section  9.    An  appHcant  for  limited  i'>">itcd  regis- 
registration  under  this  section  who  shall  furnish  the  board  internes,  etr. 
with  satisfactory  {)roof  that  he  is  twenty-one  or  over  and  of 
good  moral  character,  that  he  has  creditably  completed  not 
less  than  three  and  one  half  years  of  study  in  a  legally  char- 
tered medical  school  having  the  j^ower  to  grant  degrees  in 
medicine,  and  that  he  has  been  appointed  an  interne,  fellow 
or  medical  officer  in  a  hospital  or  other  institution  maintained 
by  the  commonwealth,  or  by  a  county  or  municipality  thereof, 
or  in  a  hospital  or  clinic  which  is  incorporated  under  the  laws 
of  the  commonwealth  or  in  a  clinic  which  is  affiliated  with  a 
hospital  licensed  bv  the  department  of  public  health  under 
authority  of  section  seventy-one  of  chapter  one  hundred  and 
eleven,  may,  upon  the  payment  of  five  dollars,  be  registered 
by  the  board  as  a  hospital  medical  officer  for  such  time  as  it 
may  prescribe;  but  such  limited  registration  shall  entitle  the 
.said  applicant  to  practice  medicine  only  in  the  hospital  or 
other  institution  designated  on  his  certificate  of  limited  regis- 
tiation,  (>i-  iditsidc  such  hospital  or  olher  inslitiition  for  thf 
Irealuient,  under  the  supervision  of  one  of  its  M!edi(;al  officers 
who  is  a  duly  registered  physician,  of  persons  ac!cepted  by  it 


142  Acts,  1945.  —  Chaps.  187,  188. 

as  patiente,  and  in  either  case  under  regulations  established 
by  such  hospital  or  other  institution.  Limited  registration 
under  this  section  nia}'  be  revoked  at  any  time  by  the  board. 

Approved  April  4,  10/, 5. 

(lidpAKI  A.N  Act  authorizing  the  town  of  methuen  to  pay  cer- 
tain EMPLOYEES  THEREOF  WAGES  DUE  TO  THEM  FOR  THE 
YEAR  NINETEEN   HUNDRED  AND  FORTY-TWO. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  discharging;-  a  moral  obli- 
gation, the  town  of  Methuen  is  hereby  autliorized  to  pay  to 
Clifford  Duhamel,  Carl  Renter,  Gerald  Valcourt  and  John 
Dwyer,  members  of  the  hre  department,  of  said  town,  the 
balance  of  wages  due  to  them  for  the  year  nineteen  hundred 
and  forty-two,  not  exceeding,  in  the  aggregate,  four  hundred 
and  thirty-one  dollars  and  hfty-six  cents,  and  to  pay  to  Frank 
S.  Giles,  Jr.  and  Monroe  K.  Bean,  members  of  the  police 
department  of  said  town,  the  balance  of  wages  due  to  them 
for  said  year,  not  exceeding,  in  the  aggregate,  one  hundred 
and  ninety-hve  dollars  and  ninety-nine  cents.  Said  pay- 
ments shall  be  subject  to  the  approval  of  the  director  of 
accounts. 

Section  2.     Tiiis  act  shall  take  effect  upon  its  passage. 

Approved  April  6,  1943. 


Invest  uii'iit 


( 'liap.lSS  An  Act  relative  to  investments  by  domestic  insurance 

companies  in   CERTAIN   MORTGAGES   OF  REAL   PROPERTY. 

Be  it  enacted,  etc.,  as  follows: 

^'•, ^'- < J*'"-.  ..        Section  sixty-three  of  chapter  one  hundred  and  seventy- 
ami;i'Ki.;d.'     '' '  fivc  of  the  Gcucral  Laws  is  hereby  amended  by  striking  oul 
paragraph  seven,  as  appearing  in  the  Tercentenary  Edition, 
and  inserting  in  place  thereof  the  following  paragraph:  — 
7.  In  loans  upon  improved  and  unencumbered  real  prop- 
r-.s'prvefi  of        erty  in  any  state  of  the  United  States  or  in  the  District  of 
inmiranrc  Columbia,  and  upon  leasehold  estates  in  improved  real  prop- 

loiupiuucs.  gj.^y  JQY  jj  \QYm  of  ninety-nine  years  or  more  where  fifty  years 
or  more  of  the  term  is  unexpired  and  where  unencumbered 
except  by  rentals  accruing  therefrom  to  the  owner  of  the  fee, 
and  where  the  mortgagee  is  entitled  to  b(^  subrogated  to  all 
the  rights  under  the  leasehold.  No  loan  on  such  real  prop- 
erty or  such  leasehold  estate  shall  exceed  sixty-six  and  t\\'0 
thirds  per  cent  of  the  fair  market  value  thereof  at  the  time 
of  maldng  such  loan  and  a  certificate  of  the  value  of  su(;li 
property  shall  be  executed  before  the  making  of  such  loan 
by  the  persons  making  or  authorizing  such  loan  on  behalf  of 
the  company,  v.hic^h  certificate  shall  be  recorded  on  the  books 
of  the  company.  The  cornuhssioner  luay  from  time  to  time 
establish  a  schedule  of  minimum  pa^iiients  which  the  com- 
pany shall  require  to  be  made  annually  on  the  principal  of 


Acts,  1945.  —  Chap.  189.  143 

any  such  loan  made  in  an  amount  in  excess  of  sixty  per  cent 
of  such  value.  Any  such  schedule  shall  apply  to  all  such  loans 
for  which  a  compan}-  makes  a  commitment  after  thirty  days 
from  its  receipt  of  a  written  notice  of  such  schedule  from  the 
commissioner.  Real  property  shall  not  be  deemed  to  be 
encumbered  within  the  meaning  of  this  paragraph  by  reason 
of  the  existence  of  instruments  reserv'ing  mineral,  oil  or  tim- 
ber rights,,  rights  of  way,  sewer  rights,  rights  in  walls,  nor  by 
reason  of  building  restrictions  or  other  restrictive  covenants, 
nor  by  the  reason  that  it  is  subject  to  lease  under  which  rents 
or  profits  are  reserved  to  the  owner;  provided,  that  the  se- 
curity for  such  loan  is  a  first  lien  upon  such  real  property  and 
that  there  is  no  condition  or  right  of  re-entry  or  forfeiture 
under  which  such  Hen  can  be  cut  off,  subordinated  or  other- 
wise disturbed.  Approved  April  6,  19/^5. 


An  Act  authorizing  certain  cemetery  associations  ii\  ('jiffy  j^y 

THE  TOWN  OF  MARION  TO  TRANSFER  THE  CEMETERIES,  AND 
OTHER  PROPERTY  AND  TRTTST  FUNDS  OF  SAID  ASSOCIATIONS, 
TO    SAID   TOWN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Each  of  the  following-named  cemetery  as- 
sociations situated  in  the  town  of  Marion,  to  wit:  North 
Marion  Cemetery  Association,  Old  Landing  Cemetery  Asso- 
ciation, Marion  Evergreen  Cemetery  and  Friends  (Quaker) 
Cemeter}',  or  any  of  them,  may,  b}^  deed  executed  by  the 
president  and  treasurer  of  such  association,  thereunto  duly 
authorized,  convey  and  transfer  to  said  town  of  Marion,  and 
said  town  is  hereby  authorized  to  receive,  and  thereafter  to 
hold  ;ind  maintain,  but  for  cemetery  purposes  onh-,  and  sub- 
ject to  all  rights  heretofore  existing  in  any  burial  lots  in  sucii 
cemeteiy  or  cemeteries,  the  real  and  personal  property  of 
such  associations,  or  any  of  them;  and  thereupon,  and  upon 
the  transfer  of  trust  funds,  as  authorized  by  section  two,  by 
any  such  association  holding  such  funds,  such  association 
shall  be  dissolved;  and  the  cemetery  of  such  association 
shall  be  and  become  a  public  burial  place,  ground  or  ceme- 
tery. 

Any  property  devised  or  bequeathed  to  any  of  such  ceme- 
tery associations  transferring  its  property  under  authority 
of  this  act,  under  the  will  of  any  person  living  at  the  time 
of  the  transfer  aforesaid  or  under  the  will  of  an}-  deceased 
person  not  then  j^robated,  shall,  at  the  time  when  such  devise 
or  beciuest  becomes  operative,  be  paid  to  said  town  instead 
of  to  said  association  and  thereafter  be  held  upon  the  same 
trusts. 

Section  2.  Any  cemeter\-  dissociation  mentioned  in  sec- 
tion one,  upon  the  transfer  of  its  property  thereunder  to  said 
town,  shall  also  pay  over  to  said  town  all  funds  or  other  prop- 
erty held  by  it  in  trust  for  the  perpetual  care  of  the  lots  in 
iSuch  cemetery  or  otherwise,  and  said  town  shall  thereafter 


144  Acts,  1945.  —  Chap.  190. 

hold  such  trust  property  upon  the  same  trusts  as  those  upon 
which  such  trust  funds  are  now  held  by  such  cemetery  asso- 
ciation. 

Section  3.  All  real  and  personal  property,  and  property 
rights,  acquired  by  said  town  from  any  cemetery  associatioii 
under  authority  of  section  one  shall  be  held  and  managed  by 
said  town  in  the  same  manner  in  which  cities  and  towns  are 
authorized  by  law  to  hold  and  manage  property  for  ceme- 
tery purposes;  provided,  that  all  rights  which  any  persons 
have  acquired  in  any  such  cemetery  or  any  lots  therein  shall 
remain  in  force  to  the  same  extent  as  if  this  act  had  not  been 
jiassed  and  such  transfer  had  not  occiured.  The  records  of 
;i.ny  such  association  shall  be  delivered  to  the  clerk  of  said 
town,  and  such  clerk  may  certify  copies  thereof. 

Section  4.  Interest  and  dividends  accruing  on  funds  de- 
posited in  trust  with  any  savings  bank,  mider  authority  of 
.section  thirty-seven  or  thirty-eight  of  chapter  one  hundred 
and  sixty-eight  of  the  General  Laws,  or  with  any  other  bank- 
ing institution,  for  the  benefit  of  any  such  cemetery  associa- 
tion or  of  any  lots  therein  shall,  after  such  conveyance  and 
transfer,  be  paid  by  such  bank  to  the  treasurer  of  said  town, 
and  said  treasurer,  under  the  direction  of  the  cemetery  com- 
missioners of  said  town,  shall  use  the  same  for  the  purposes 
specified  by  the  donor  of  said  funds  or  by  the  will  of  the  per- 
son bequeathing  the  same. 

Section  5.  Nothing  in  this  act  shall  l^e  construed  to 
authorize  or  require  the  diversion  of  any  funds  or  property 
given  in  trust  for  any  specified  purpose  or  use  to  any  other 
purpose  or  use,  and  said  town  sliall  administer  such  property 
or  funds  in  accordance  with  the  terms  of  such  a  gift  or  trust 
until  otherwise  ordered  by  a  court  of  competent  jurisdiction. 

Section  6.  This  act  shall  take  full  effect  upon  its  accept- 
ance by  a  majority  of  the  registered  voters  of  the  town  of 
Marion  present  and  voting  thereon  :)t  the  annujii  town  meet- 
ing of  said  town  to  be  held  in  the  year  nineteen  hundred  and 
forty-five,  or  at  a  special  town  meeting  called  for  the  purpose 
to  be  held  prior  to  Decojiiber  thirty-first,  nineteen  hundred 
and  forty-five.  Approved  April  6,  19/^5. 


Chap. 190  An  Act  to  provide  for  the  establishment  of  a  con- 
tributory co-operative  banks  employees  retirement 
association. 

Be  it  enacted,  etc.,  as  foUoios: 

Ed^.'  17a  ■  Chapter  one  hundred  and  seventy  of  the  General  Laws,  as 

new  '§§  59-01 ,    appearing  in  chapter  one  hundred  and  forty-four  of  the  acts 

"'^'^^  of  nineteen  hundred  and  thirty-three,  is  hereby  amended  by 

adding  after  section  fifty-eight,  under  the  caption  co-opera- 

■I'lVE  BANKS  employees  RETIREMENT  ASSOCIATION,  the  three 

ietiJemen?        I'ollowiug  s(!ctions ;  —  Sectiou  oU.     Fifteen  or  more  co-opera- 
aBsooiatiou.        ijvc  bauks  may  form  the  Co-op(^rative  Banks  J*]mployees 


Acts,  1945.  —  Chap.  190.  145 

Retiretiierit  Association,  in  this  section  and  in  sections  sixty  orgamzation 
and  sixty-one  called  the  association,  for  the  purpose  of  pro- 
viding pensions  for  eligible  employees  of  the  jiarticipating 
banks  who  retire  on  account  of  age  or  disability. 

All  co-operative  banks  established  under  the  laws  of  the 
commonwealth,  the  Co-operative  Bank  League  of  Massachu- 
setts, the  Co-operative  Central  Bank,  nnd  such  of  their  re- 
spective employees  as  may  be  j^rovided  by  the  by-laws  of  the 
association  shall  be  eligible  for  membership  in  the  association. 
For  the  purposes  of  this  section  and  sections  sixty  and  sixty- 
one  a  reference  to  "TDank"  or  "banks"  shall,  unless  the  con- 
text otherwise  requires,  mean  and  include  any  or  all  of  the 
organizations  named  in  this  paragraph,  and  a  reference  to 
"board  of  directors"  of  a  bank  shall  also,  unless  the  context 
other\^'ise  requires,  mean  and  include  the  go\'erning  body  of 
each  of  such  organizations. 

Eligible  employees  may  contribute  a  portion  of  their  sala- 
ries or  wages,  to  be  deducted  by  the  employing  banks  and 
paid  to  the  association.  A  participating  bank  may  contribute 
to  the  funds  of  the  association  to  the  extent  determined  by 
its  board  of  directors,  but  its  contributions  for  future  service, 
as  defined  in  the  by-laws,  on  account  of  any  employee  shall 
not  exceed  such  employee's  contributions  or  five  per  cent  of 
his  wages  or  salary,  whichever  is  less.  A  participating  bank 
may  also  contribute  for  past  service,  as  defined  in  the  by- 
laws, amounts  necessary  to  provide  eligible  employees  with  a 
pension  or  annuity  to  begin  at  age  sixty-five  or  later,  such 
pension  or  annuity  not  to  exceed  one  per  cent  of  the  average 
salary  for  the  five  years  preceding  the  date  such  bank  joins 
the  association  for  each  year,  but  not  exceeding  thirty-five 
years,  of  continuous  employment  between  age  thirty  and  the 
date  of  such  joining. 

In  the  event  that  anj-  emploj^ee  who  has  been  continuously 
m  the  employ  of  such  a  bank  for  ten  years  or  more  becomes 
incapacitatecl  for  further  service  by  reason  of  physical  or 
mental  disability  before  age  sixty-five,  the  employing  bank 
may  pay  him  a  pension  in  an  amount  not  to  exceed  one  por 
cent  of  the  average  salar}'  for  the  five  years  preceding  the  date 
of  retirement  for  each  year,  not  exceeding  thirty-five  years, 
of  continuous  service.  Any  pen.sion  paid  on  accoimt  of  dis- 
ability may  be  discontinued  at  any  time  by  the  board  of 
directors  of  the  employing  bank,  and  shall  be  discontinued 
when  any  such  pensioner  substantially  recovers  his  earning 
capacity. 

The  funds  contributed  by  participating  banlvs  and  mem- 
ber employees  shall  be  held  or  used  by  the  trustees  of  the 
association  for  the  purchase  of  annuities  or  payment  of  pen- 
sions to  eligible  emploj^ees  upon  their  retirement  from  service, 
for  the  payments  to  beneficiaries  or  representatives  of  any 
member  employee  of  the  participating  bank  dying  before 
reaching  the  age  of  retirement,  and  for  the  payment  to  any 
such  euiployee  retiring  from  service  before  becoming  entitled 
to  a  j)ension  or  annuity.    Ex[)enses  necessary  for  the  admin- 


14() 


Acts,  1945.  —  Chap.  191, 


lOxemptioii 
from  taxation, 
etc.,  of 
anuuities 
and  pensions. 


i«trati(>n  <>!  I. lie  association  shall  Ix'  paid  1>\'  parliripaliiig 
banks,  on  a  proportionate  basis  as  provided  in  the  by-laws. 

No  annuit.}'  or  i)ension  provided  by  contributions  from  a 
participating  bank  for  the  benefit  of  an}-  employee  shall  ex- 
ceed twenty-five  hundred  dollars  yearly,  or  one  half  of  the 
average  salary  of  the  employee  for  the  five  years  preceding 
the  date  of  retirement,  whicliever  is  less. 

Section  60.  The  by-laws  of  the  association  shall  be  ap- 
proved by  the  commissioner  and  shall  prescribe  the  manner 
in  which,  and  the  officers  and  agents  by  whom,  the  associa- 
tion maj'  be  conducted  and  the  manner  in  which  its  funds 
may  be  invested  and  paid  out.  Such  association  shall  be 
formed  when  its  by-laws  have  been  approved  and  agreed  to 
by  a  majority  of  the  directors  of  eacli  of  hfteen  or  more 
(•o-operati\'e  banks,  and  have  been  ajjproved  bv  the  commis- 
sioner. Such  association  shall  annually,  on  or  before  Deceni- 
ber  first,  report  to  the  commissioner  such  statements  of  its 
membership  and  financial  transactions  for  the  year  ending 
on  the  preceding  October  thirtj^-first  as  the  commissioner 
may  consider  necessarj^  to  show  its  business  and  standing. 
The  commissioner  may  verify  such  statement  b}'  an  exami- 
nation of  the  books  and  papers  of  the  association. 

The  association  shall  not  be  subject  to  chapter  thirtj^-two 
or  chapter  one  hundred  and  seventy-five  or  to  such  other 
provisions  of  law  as  relate  to  insurance  companies  or  other 
retirement  associations. 

Section  61.  The  property  of  the  association,  the  portion 
of  the  wages  or  salary  of  any  employee  deducted  or  to  be 
deducted  under,  or  under  authority  of,  sections  fifty-nine  and 
sixty,  the  right  of  an  employee  to  an  annuitj^  or  pension,  and 
all  his  rights  in  the  funds  of  the  association,  sliall  be  exempt 
from  taxation  and  from  the  operation  of  any  law  relating  to 
insolvency,  and  shall  not  be  attached  or  taken  on  execution 
or  other  process  to  satisfy  any  debt  or  liability  of  the  associa- 
tion, a  participating  bank,  or  any  employee  member  of  the 
association.  No  a.ssignment  of  any  right  in  or  to  said  fund.s 
or  of  any  pension  or  annuity  payable  under  section  fifty-nine 
shall  be  valid,  except  that  deferred  annuity  contracts  pur- 
chased by  a  participating  bank  on  account  of  past  service 
of  eligible  employees  may  be  assigned  to  such  bank  prior  to 
actual  retirement.  Approved  April  6,  194o. 


Chap. 191  An  Act  providing  for  the  converting  of  co-operative 

FORM  MORTGAGES  TO  DIRECT  REDUCTION   FORM  MORTOA(;ES 
BY  AGREEMENT  IN  CO-OPERATIVE  BANKS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  seventy  of  the  General  Laws  is 
hereby  amended  by  inserting  after  section  thirty-five,  as 
amended,  the  following  section:  —  Section  35 A.  With  the 
approval  of  the  board  of  directors,  any  shares  pledged  for  a 
real  estate  loan  may,  at  the  request  of  the  owner  thereof,  be 


G.  L.  (Tcr. 
Ed.),  170, 
new  §  So.A. 
added. 

Direct  reduc- 
tion form 
mortRages  in 


Acts,  1945.  —  Chap.  192.  W 

cancelled,  whereupon  there  shall  be  endorsed  on  the  mortgage  co-operative 
note  as  a  credit  upon  the  amount  of  the  loan  the  full  value  of  '-''"''^ 
such  shares,  less  all  monthly  instalments  of  interest  and  fines 
in  arrears,  and,  at  the  option  of  the  directors,  unpaid  taxes 
and  an  amount  not  in  excess  of  hve  hundred  dollars  to  be  * 

expended  for  repairs,  and  any  other  legal  charges  and  such 
sum  as  will  leave  the  amount  of  the  loan  a  multiple  of  fifty 
dollars.  Such  cancellation  and  credit  may  be  made  even  if 
the  amount  of  the  loan  will  not  thereby  be  reduced  as  to 
principal.  Thereupon  an  agreement  shall  be  executed,  ex- 
tending the  terms  of  the  mortgage  so  as  to  correspond  with 
the  pertinent  i)rovisions  of  section  thirty-six  A,  and  there- 
after said  loan  shall  be  subject  to  and  governed  by  the  pro- 
visions of  sections  thirty-six  A  to  thirtj^-six  D,  inclusive. 

Neither  the  note  evidencing  the  loan  nor  the  mortgage 
seciu*ing  the  same  shall  be  prejudiced  by  the  application  of 
the  value  of  shares,  notwithstanding  the  fact  that  no  provi- 
sion for  such  application  was  originally  made  in  the  note 
or  mortgage,  and  both  the  note  and  mortgage,  as  extended, 
shall  continue  to  be  held  by  the  corporation  as  good  and 
sufhcient  security  for  the  balance  remaining  unpaid. 

Approved  April  6,  1945. 


An  Act  to  permit  investments  by  banking  companies  ChapA92 

IN    L0.\NS    SECl'RED    BY    MORTG.\GES    OF    REAL    ESTATE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Clause  First  of  section  seven  of  chapter  one  o.  l.  (Ter. 
hundred  and  seventy-two  A  of  the  General  Laws,  as  appear-  f  7;^;t^c^"'^' 
ing  in  section  four  of  chapter  four  hundred  and  fifty-two  amended. 
of  the  acts  o^  nineteen  hundred  and  thirty-five,  is  hereby 
amended  by  striking  out  the  last  sentence,  —  so  as  to  read 
as  follows :  — 

First.     In  loans  on  personal  security  or  secured  by  the  Loans  on 
pledge  or  assignment   of  any  personal  property  including  ^,f",rity,  etc. 
certificates  issued  bj^  it,  either  full}^  paid  up  or  representing 
payments  being  made  by  instalments. 

Section  2.     Said  section  seven  of  said  chapter  one  bun-  o.  l.  (Ter. 
dred  and  seventy-two  A,   as  amended,   is  hereby  further  f'^'^'Jl"''"' 
amended  by  adding   after   clause   Third,  as  so   appearing,  further 
the  lollowmg  clause:  — 

Fourth.      In    finst    mortgages    of   residential    real    estate  investment 
located  in  a  city  or  town  within  fifteen  miles  of  the  main  ^^.^"nwrt" 
office  of  the  corporation,  but  not  more  than  one  third  of  the  s^'S"^^  limited. 
whole  amount  of  assets  of  the  corporation  shall  be  so  invested. 
No  loan  on  mortgage  shall  be  made  except  upon  written 
application,  showing  the  date,  name  of  applicant,  amount 
asked  for  and  security  offered,  nor  except  upon  the  report  of 
not  less  than  two  members  of  the  executive  conuuittee,  who 
shall  certify  on  said  application,  according  to  their  best 
judgment,  the  value  of  the  premises  to  be  mortgaged;   and 
such  application  shall  be  filed  and  preserved  with  the  records 
of  the  corporation. 


148  Acts,  1945.  —  Chaps.  193,  194. 

Each  such  loan  shall  be  made  for  a  period  of  not  less  than 
one  year  nor  more  than  fifteen  years  from  the  date  of  the  note, 
and  the  note  shall  require  repayment  of  the  amount  loaned 
in  substantially  equal  instalments,  to  commence  not  later 
,  than  one  month  from  the  date  of  the  note,  and  to  be  paid  at 

intervals  of  not  exceeding  one  month.  No  such  loan  shall 
exceed  seventy-five  per  cent  of  the  value  of  the  premises,  to 
be  mortgaged,  nor  shall  it  be  made  for  a  sum  in  excess  of  five 
thousand  dollars.  Approved  April  6,  1946. 


Chap  A^^  An  Act  further  deferring  the  exercise  bv  co-operative 

BANKS   OF   THE    PRIVILEGE    OF    CONVERTING    INTO    CERTAIN 
FEDERAL  AGENCIES. 

preamble'?^  Whereus,  The  provision  of  law  sought  to  be  extended  by 

this  act  would,  but  for  this  act,  shortly  cease  to  be  effective, 
but  the  circumstances  and  conditions  which  made  advisable 
its  enactment  still  continue  and  it  is  accordingly  desirable 
that  said  provision  continue  in  effect  without  interruption; 
therefore  this  act  is  hereby  declared  to  be  an  emergency  law, 
necessary  for  the  immediate  preservation  of  the  public  con- 
venience. 

He  it  enacted,  etc. .  as  follows: 

Section  two  of  chapter  two  hundred  and  thirt3^-five  of  the 
acts  of  nineteen  hundred  and  forty-three  is  hereby  amended 
by  striking  out,  in  the  third  line,  the  word  "two",  and  insert- 
ing in  place  thereof  the  word :  —  tliree,  —  so  as  to  read  as  fol- 
lows:—  Section  2.  The  privilege  of  conversion  permitted  by 
said  section  fifty  A  shall  not  be  exercised  by  any  co-oper- 
ative bank  during  Ihe  period  of  three  years  immediately 
following  the  effective  date  of  this  act. 

Approved  April  9,  1945. 

Chap.194:  An  Act  authorizing  the  town  of  Orleans  to  acquire 
for  park  purposes  a  portion  of  a  certain  cemetery 
located  in  said  town. 

Be  it  enacted,  etc.,  as  follow  a: 

Section  1.  The  town  of  Orleans  may  take  by  eminent 
domain,  under  chapter  seventy-nine  of  the  General  Laws,  or 
acquire  by  purchase  or  otherwise,  for  the  purpose  of  a  public 
park,  a  certain  portion  of  an  old  cemetery  at  the  corner  of 
Grand  Army  of  the  Republic  highway  (Massachusetts  state 
highway,  route  6)  and  Main  street  in  said  town,  said  portion 
being  bounded  and  described  as  follows: 

Beginning  on  the  southwest  side  of  a  granite  post  in  range 
of  land  of  Lloyd  B.  Wilcox  and  others;  thence  N  36°  08'  W, 
10.0  feet  to  a  stake;  thence  N  51°  58'  30"  E,  46.8  feet,  to  a 
stake  at  a  point  of  curvature;  thence  b}'  a  curve  to  the  left, 
of  radius,  25.0  feet,  a  distance  of  34.43  feet  to  a  stake  at  a 
point  of  tangency:   thence  N  26°  57'  30"  W,  195.0  feet,  to 


,    Acts,  1945.  —  Chaps.  195,  196.  149 

land  of  Frank  A.  Besse,  to  the  westerly  side  of  a  stone  post; 
thence  N  59°  E,  about  10  feet  to  the  present  fence  and  the 
westerly  Hne  of  Main  street;  thence  southeasterly,,  south- 
erly and  southwesterly  by  the  present  line  of  Main  street 
and  of  Grand  Armj^  of  the  Republic  highway  to  a  concrete 
bound;  thence  N  36°  08'  W,  about  4  feet,  to  the  point  of 
beginning. 

Section  2.  Upon  its  acquisition  of  said  portion  of  said 
cemetery,  said  town  shall  remove  such  bodies,  tombstones 
and  monuments  as  may  be  within  said  portion  and  replace 
them  in  some  other  location  within  the  limits  of  said  ceme- 
tery. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  9,  1945. 


An   Act   providing    that   the   city   auditor,    the   city  C}]ar).195 

CLERK  AND  THE  CITY  TREASURER  OP"  THE  CITY  OF  LOWELL 
MAY  EACH  DESIGNATE  A  PERSON  EMPLOYED  IN  HIS  OFFICE 
TO  PERFORM  THE  DUTIES  OF  SUCH  DESIGNATING  OFFICER 
IN    CASE    OF    HIS    ABSENCE    OR    DISABILITY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  auditor,  the  city  clerk  and  the  city 
treasurer  of  the  city  of  Lowell  may  each  designate  in  writing 
a  person  employed  in  his  office  who  may  perform  the  duties 
and  shall  have  the  powers  of  such  designating  officer  during 
his  absence  or  disability,  but  shall  have  no  power  to  make  any 
permanent  appointments.  Each  of  said  officers  shall  be  re- 
sponsible for  the  official  acts  of  the  person  so  designated  by 
him  and  may  revoke  such  designation  at  an}^  time.  The  civil 
service  status  of  any  person  so  designated  shall  not  be  affected 
thereby. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  9,  1945. 


An  Act  attthorizing  the  construction  and  maintenance  r7/o/;.196 

OF  A  structure  BRIDGING  TAMWORTH  STREET  IN  THE  CITY 
OF    BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Upon  petition  and  after  seven  days'  notice 
inserted  in  at  least  three  newspapers  published  in  the  city  of 
Boston  and  a  public  hearing  thereon,  the  board  of  street  com- 
missioners of  the  city  of  Boston  may,  with  the  approval  of 
the  mayor,  grant  and  issue  a  permit  to  James  F.  Flaherty 
and  Bernard  J.  Killion,  trustees  of  the  Roessel  real  estate 
trust  under  an  agreement  and  declaration  of  trust  dated 
April  first,  nineteen  hundred  and  forty-three,  and  recorded 
with  Suffolk  deeds,  book  six  thou-sand  and  forty-six,  page 
five  hundred  and  eighty-one,  their  successors  and  assigns,  to 
build  ;ind,  on  sniili  conflitions  and  .subject  to  such  restrictions 


150  Acts,  1945.  —  Chap.  197. 

as  said  board  may  prescribe,  permanently  maintain  a  struc- 
ture bridging  Tamworth  street  in  said  city  connecting  build- 
ings owned  l)y  the  said  James  F.  Flaherty  and  Bernard  J. 
Killion,  as  trustees  of  said  Roessel  estate  trust,  on  opposite 
sides  of  said  street.  Any  permit  granted  under  authority  of 
this  section  may  be  revoked  by  said  board,  after  due  notice 
and  a  hearing. 

Section  2.  The  structure  authorized  by  the  permit 
granted  and  issued  as  provided  in  section  one  shall  be  built 
and  maintained  at  a  height  not  less  than  twenty-eight  feet 
above  the  grade  line  of  said  street  and  shall  be  not  more  than 
eleven  feet  in  width.  No  part  of  said  structure  or  its  supports 
shall  rest  on  the  surface  of  said  street,  nor  shall  any  such 
structure  be  built  or  maintained  over  any  portion  of  said 
street  not  owned  in  fee  by  said  trustees,  or  their  successors 
in  office,  without  the  written  consent  of  the  owners  of  such 
portion  in  each  instance.  tSuch  consent  of  the  city  of  Boston 
may  be  given  by  said  board  of  street  commissioners,  with  the 
approval  of  the  mayor. 

Section  3.  If  a  traveler  on  tiie  highwa}-  while  in  the 
exercise  of  due  care  sustains  bodily  injury  or  damage  in  his 
property  by  reason  of  the  construction  or  maintenance  of 
said  structure,  he  ma}-  recover  damages  therefor  in  an  action 
of  tort  brought  against  the  said  James  F.  Flahert}^  and  Ber- 
nard J.  Killion,  in  their  capacity  as  trustees  of  the  Roessel 
real  estate  trust,  or  their  successors  or  assigns,  within  one 
year  after  the  date  of  such  injury  or  damage;  provided,  that 
such  notice  of  the  time,  place  and  cause  of  said  injury-  or  dam- 
age be  given  to  said  trustees,  or  their  successors  or  assigns, 
by,  or  on  behalf  of,  the  person  or  persons  sustaining  the  same 
as  is,  under  the  provisions  of  chapter  eighty-four  of  the  Gen- 
eral Laws,  valid  and  sufficient  in  cases  of  injury  or  damagf^ 
sustained  by  reason  of  a  defect  or  a  want  of  repair  in  or  upon 
a  way,  if  such  defect  or  want  of  repair  is  caused  by  or  consists 
in  part  of  snow  or  ice,  or  both.  The  remedy  herein  provided 
shall  not  be  exclusive,  but  shall  be  in  addition  to  any  other 
remedy  provided  by  law. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  9,  19Jj.o. 


('/i(tj)A\)7  An  Act  pertaining  to  the  investment  of  deposits  ok 
savings  banks  and  the  income  derived  therefrom 
IN  certain  personal  loans. 

Be  it  enacted,  etc.,  as  folloivs: 

Ed.)';  168,'  Section  1.     Clause  Ninth  of  section  hfty-foiu- of  chapter 

{^54,' clause  one  hundred  and  sixty-eight  of  the  General  Laws,  as  amended, 
is  hereby  further  amended  b,\'  adding  at  the  end  of  the  first 
paragraph,  as  appearing  in  the  Tercentenary  Edition,  the 
following: —  ;  and  said  limitations  as  to  time  and  total 
individual  liabilities  of  any  one  borrower  shall  not  apply  to 


Ninth,  el 
Mtrion 


Acts,  1945. —  Chai'.  198.  161 

loaiiy  made  under  sub(iivision  (a)  of  this  claiuse,  —  so  as  to 
read  as  follows:  — 

Ninth.    In  loans  of  the  classes  hereinafter  described,  pay-  ^oiia<^ "" 
able  and  to  be  paid  or  renewed  at  a  time  not  exceeding  one  securUy 
}ear  from  the  date  thereof;   but  not  more  than  one  third  of  baifks"""'^ 
the  deposits  and  income  shall  so  be  invested,  nor  shall  the 
total  liabilities  to  such  corporation  of  a  person,  partnership, 
association  or  corporation  for  money  borrowed  upon  per- 
sonal security,  including  in  the  liabilities  of  a  partnership  or 
company  not  incorporated  the  liabilities  of  the  several  mem- 
bers thereof,  exceed  ti\e  per  cent  of  such  deposits  and  in- 
come;  but  said  limitations,  except  as  to  time  in  which  said 
loans  shall  be  paid  or  renewed,  shall  not  apply  to  loans  made 
under  paragraph  (2)  subdivision  (e)  of  this  clause;   and  said 
limitations  as  to  time  and  total  individual  liabilities  of  any 
one  borrower  shall  not  apply  to  loans  made  under  subdivision 
(a)  of  this  clause. 

Section  2.  Said  clause  Ninth  is  hereby  further  amended  <j^- '-  ''.'"^•'• 
by  striking  out  subdivision  (n),  as  appearing  in  the  Ter-  §'54,'riau'so 
centenary  Edition,  and  inserting  in  place  thereof  the  follow-  f^irth.Vr 

ing  subdivision  :  amended. 

(a)  A  note  of  one  or  more  responsible  borrowers  in  such  Loans  on 
form  and  at  such  rate  of  interest  or  other  charge  as  the  board  ""morj  °"*^ 
of  investment  shall  b}'  rules  or  regulations  determine,  with  j;'"J''^''^'®[f 
the  approval  of  the  commissioner,  payable  or  to  be  paid  in     ° 
instalments  at  intervals  of  not  exceeding  one  month  and  all 
within  a  period  of  not  exceeding  eighteen  months  from  the 
date  of  the  note.    Such  notes  may  provide  for  the  payment 
of  the  first  instalment  on  a  date  not  more  than  three  months 
from  the  date  of  the  note  or  of  some  one  subsequent  instal- 
ment on  a  date  not  more  than  three  months  from  the  date 
of  the  last  prior  instalment,  and  may,  in  the  discretion  of 
such  corporation,  be  secured  or  unsecured.     The  total  obli- 
gation of  any  one  person  to  any  such  corporation  in  this  class 
of  investment  shall  not  exceed  one  thousand  dollars;    and 
the  aggregate  of  such  loans  made  by  any  such  corporation 
shall  not  exceed  five  per  cent  of  its  deposits.    The  provisions 
of  .sections  eighty-six  to  one  hundred  and  ten,  inclusive,  of 
chapter  one  hundred  and  forty  shall  not  apply  to  loans  made 
under  this  subdivision.  Approved  April  9,  1945. 


Ax  Act  authorizing  the  cottntv  of  sfffolk  to  reim-  r7/^n>.19.S 

BURSE  THE  CHIEF  PRORATION  OFFICER  OF  THE  SOUTH 
BOSTON  DISTRICT  COURT  FOR  MONEY  STOLEN  FROM  HIS 
OFFICE. 

lie  it  enacted,  etc.,  as  follows: 

Section  1.  The  cotmty  of  Suffolk  may  pay  to  Patrick 
.1.  Hurley,  chjpf  probafion  officer  of  the  South  Boston  district 
court,  tiic  siMii  of  one  hiuidred  autl  twenty-six  dollars  an<l 
fifty-five  cents,  to  reimburses  him  for  money  stolen  from  the 
office  of  said  ])robation  officer. 


152  Acts,  1945.  —  Chaps.  199,  200. 

Section  2.  This  act  shall  take  full  effect  upon  its  accept- 
ance during  the  current  year  by  vote  of  the  city  council  of 
the  city  of  Boston,  subject  to  the  provisions  of  its  charter, 
but  not  otherwise.  Approved  April  9,  1945. 


( '/iap.199  A\-  Act  shortening  the  time  within  which  the  depart- 
ment OF  public   utilities  may   alter  the   forms  of 

RETURNS  TO  BE  MADE  BY   COMMON   CARRIERS. 

Ht  it  enacted,  etc.,  as  follows: 

FdV'iMrVi'  Section  thirty-two  of  chapter  one  hundred  and  fifty-nine 
:mK'nHt(i.'  ' '""  of  thc  General  Laws,  as  appearing  in  the  Tercentenary  Edi- 
tion, is  hereby  amended  by  striking  out  the  first  sentence 
R.tiij;ns,  form  aud  inscrtiug  in  place  thereof  the  following  sentence:  —  The 
fiUng 'bT  ^'"  department  shall  prescribe  the  forms  for  the  annual  returns 
comraoii  to  be  made  to  it  by  the  several  kinds  of  common  carriers 

and  may  from  time  to  time  make  changes  and  additions  in 
any  such  form;  provided,  that  changes  therein  or  additions 
thereto  requiring  any  alteration  in  the  method  or  form  of 
keeping  the  accounts  of  such  conmion  carriers  shall  not  be 
effective  until  after  notice  thereof  shall  have  been  given,  at 
least  six  months  before  the  beginning  of  the  year  or -other 
period  for  which  such  changes  or  additions  are  prescribed, 
by  the  department  to  the  common  carriers  affected  thereby. 

Approved,  April  9,  1945. 


earners. 


(■flap. 200  An  Act  increasing  the  amount  of  money  that  the  town 

OF  AVER   MAY    BORROW    FOR   THE    PURPOSE   OF   CONSTRUCT- 
ING and  operating  a  SYSTEM  OR  SYSTEMS  OF  SEWERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  eight  of  chapter  two  hundred  and 
fifty-five  of  the  acts  of  nineteen  hundred  and  forty-one  is 
hereby  amended  by  striking  out,  in  the  fourth  line,  the  word 
"seventy-five"  and  inserting  in  place  thereof  the  words:- - 
one  hundred  and  fifty,  —  so  as  to  read  as  follows:  —  Section  S. 
For  the  purpose  of  paying  the  necessarj'  expenses  and  lia- 
bilities incurred  under  this  act  said  town  may  borrow  such 
sums  as  may  be  necessary,  not  exceeding,  in  the  aggregate, 
one  hundred  and  fifty  thousand  dollars,  and  may  issue  bonds 
or  notes  therefor,  which  shall  bear  on  their  face,  the  words, 
Ayer  Sewerage  Loan,  Act.  of  nineteen  hundred  and  forty-one. 
Each  authorized  issue  shall  constitute  a  separate  loan.  In- 
debtedness incurred  under  this  act  shall  be  in  excess  of  the 
statutory  Uniit,  but  shall,  except  as  provided  herein,  be  sub- 
ject to  chapter  forty-four  of  the  General  Laws. 

Section  2.  Tliis  act  shall  take  full  effect  upon  its  accept- 
ance by  vote  of  the  majority  of  the  voters  of  the  town  of 
Ayer  voiiug  thereon  at  any  town  nicoting  called  for  ilie  pur- 
pose within  five  years  after  its  passage;   but  not  otherwise. 

Approved  April  9,  194o. 


Acts,  1945.  —  Chap.  201.  If^i 


An    Act   providing    a    per\u.vEiMT   tntekmittext   policb  Clwp.liO] 

FORCE  FOR  THE  TOWN   OF  METHTJEN,   REGTTLATIN«  APPOIAT- 
MENTS  THERETO  AND  THE  SERVICE  THEREOF. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  There  is  hereby  established  a  j)ernianeiit  iii- 
terniiltent  pohce  force  ior  the  town  of  Methueii,  eoinposed 
of  not  more  than  t\\elve  members,  all  or  any  of  whom  may  be 
called  into  service  as  police  officers  of  said  town  by  the  chief 
of  police  or  by  the  selectmen  whenever  he  or  they  shall  deter- 
mine that  the  service  of  police  officers  in  addition  to  those  of 
the  regular  and  reserve  police  forces  of  said  town  is  required. 
No  member  of  the  permanent  intermittent  police  force  shall 
be  called  into  service  as  a  police  officer  .so  long  as  there  are 
members  of  the  regular  or  reserve  police  forces  of  said  town 
available  for  service,  nor,  except  as  hereinafter  provided,  so 
long  as  any  vacancy  in  said  regular  or  reserve  police  force 
remains  unfilled.  If  a  requisition  has  been  made  upon  the 
director  of  civil  service  for  the  purpose  of  filling  any  such 
vacancy  and  the  director  certifies  that  there  is  no  suitable 
eligible  list  from  which  certification  can  be  made,  such  a 
member  may  be  emploj^ed  during  such  time  as  there  is  no 
such  list  or  if  such  a  requisition  has  been  made  and  there  is 
such  a  list,  such  a  member  may  be  employed  for  a  period  of 
not  exceeding  thirty  days  from  the  making  of  such  requisi- 
tion, pending  the  filling  of  the  vacancy  from  such  list. 

Any  member  of  said  permanent  intermittent  police  force 
called  into  service  shall,  until  notified  by  the  chief  of  police 
or  the  selectmen  of  the  termination  of  his  service,  be  com- 
pensated at  the  daily  rate  established  for  the  compensation 
of  a  regular  police  officer  of  said  town  and  shall  have  all  of 
the  powers,  duties  and  rights  of  such  a  police  oflacer  in  said 
town,  including  any  right  of  such  an  officer  to  compensation 
for  any  injury  or  disability  incurred  in  line  of  duty.  The 
widow  and  children  of  any  member  of  said  permanent  in- 
termittent police  force  who  is  killed,  or  dies  from  injuries 
recei\'ed,  or  dies  as  a  natural  and  proximate  result  of  under- 
going a  hazard  peculiar  to  his  emploj'ment,  while  in  the  per- 
formance of  his  duty  after  a  call  to  service  shall  have  the 
rights  and  benefits  provided  by  section  eighty-nine  of  chapter 
thirty-two  of  the  General  Laws,  as  most  recently  amended. 

Said  permanent  intermittent  police  force  and  appoint- 
ments made  thereto  shall  not  be  subject  to  the  provisions  of 
chapter  thirtj^-one  of  the  General  Laws,  and  no  member  of 
.said  force  shall,  by  reason  of  his  active  .service  under  call, 
become  entitled  to  any  retirement  benefits. 

Any  member  of  said  permanent  intermittent  police  force 
may  be  removed  by  the  .selectmen  at  anj'  time  forany  reason 
satisfactory  to  them,  and  members  of  said  force  shall  wear 
such  imiforms,  carry  such  insignia  and  equipment  and  be 
subject  to  such  rules  and  regulations  as  the  selectmen  may 
from  time  to  time  prescribe. 


154  Acts,  1945.  —  Chaps.  202,  203. 

The  niembers  of  said  permanent  intenniitent  police  force 
shall  be  av.'iil.-ible  for  ."service  in  other  f)lac(\«!  on  refjuisition  as 
[)rovided  by  section  ninety-nine  of  chapter  forty-one  of  the 
General  Laws,  as  most  recently  amended. 

The  selectmen  of  said  town  of  Methuen  shall  forthwith 
appoint  Harry  D.  Hargreaves,  WiUiam  McCarron,  James  J. 
(Irant,  William  Cavanaugh,  x\lbert  Feugill,  Raymond  Poulin, 
( 'armelo  DiUrio,  ,)ohn  Peever,  Horace  Moore,  John  Baker,  J. 
Arthur  Clark  and  Raymond  lncollinji;o,  all  of  said  Methuen, 
1o  said  force  and  shall  thereafter  appoint  male  re.sidents  of 
said  town  to  fill  such  vacancies  as  may  from  time  to  time  occur 
therein. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  9,  1945. 


('fi(rp.2()2  A.v  Act  relative  to  commitments  to  the  massachisetts 

TRAINING    SCHOOLS. 

He  it  enacted,  etc.,  as  follow.'<: 

G.  L.  (Tor^  ^  Chapter  one  hundred  and  nineteen  of  the  General  Laws 
lun'ended.'  '"  is  hereby  amended  by  striking  out  section  seventy-three,  as 
appearing  in  the  Tercentenar}-  Edition,  and  inserting  in  place 
Commitments  thereof  the  following  section :  — -  Section  73.  In  criminal  pro- 
set^toatnhi^K  cecdings  under  the  following  sections,  district  courts  other 
schools.  \\\axi  the  numicipal  court  of  the  city  of  Boston,  the  Boston 

juvenile  court  and  trial  justices  may  commit  boys  under 
fifteen  years  of  age  to  the  L^^man  school,  boys  between 
fifteen  and  seventeen  years  of  age  to  the  industrial  school 
for  bo3^s,  and  girls  under  seventeen  years  of  age  to  the  in- 
dustrial school  for  girls.  Approved  April  9,  1945. 


67/0/7.203  An  Act  to  incorporate  the  trustees  of  the  george 
w.  davenport  home  for  aged,  needy  and  deserving 
women  and  couples. 

^]"^Znh\P  Whereas,  The  erection  and  operation  at  the  earliest  possible 

moment  of  the  home  referred  to  in  this  act  is  a  matter  of 
immediate  public  convenience  to  the  eligible  inhabitants  of 
the  towns  therein  referred  to,  and  the  deferred  operation 
of  this  act  would  in  part  tend  to  defeat  its  purpose  which 
i.s  to  immediately^  proceed  on  the  erection  of  such  a  home, 
therefore  this  act  is  hereby  declared  to  be  an  emergency  law, 
necessary  for  the  iuunediate  preservation  of  the  public 
convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  William  A.  Davenport,  Harry  J.  Wentworth 
.and  Isabelle  O.  Fairhurst,  trustees  under  the  will  of  George 
W.  Davenport,  and  their  successors  in  said  trust,  are  hereby 
made  a  corporation,  under  the  name  of  the  Trustees  of  the 
George  W.  Davenport  Home  for  Aged,  Needy  and  Deserv- 
ing Women  and  Couj)les,  for  the  purpose  of  erecting,  estab- 


Acts,  1945. —  Chap.  204.  155 

lisliing,  nuiiuiging  and  directing  a  home  for  aged  women  and 
couplps,  native  born  inhabitants  of  the  towns  of  Greenfield, 
J.-eydeD  and  Bernardston,  and  residejit  therein,  with  all  the 
powers,  privileges  and  exemptions,  and  subject  to  all  the  du- 
ties, restrictions  and  liabilities,  set  forth  in  all  general  laws 
now  or  hereafter  in  force  relating  to  such  corporations. 

Spx;tion  2.  Said  corporation  is  hereby  authorized  and 
empowered  to  receive  and  manage  bequests,  gifts  and  other 
contributions  for  similar  and  other  purposes  relating  to  the 
use  of  said  home  by  or  for  other  aged  persons. 

Approved  April  11,  1945. 


An  Act  regulating  the  making  of  certain  excavations  nhr,qf  OO-I 

IN    THE    CITY    OF    BOSTON.  ^ 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  No  person  shall  excavate  any  land  in  the  city 
of  Boston  to  a  depth  of  more  than  five  feet  for  the  purposes 
of  obtaining  and  removing  sand,  gravel  or  loam  without  first 
obtaining  a  permit  from  the  building  commissioner  of  said 
city.  Apphcation  for  such  permit  shall  contain  a  description, 
of  the  proposed  excavation  including  a  statement  of  the  pur- 
pose thereof  and  the  building  commissioner  may  require 
that  plans  of  the  i^roposed  excavation  be  filed  before  issu- 
ance of  the  permit.  Said  permit  shall  contain,  by  way  of  con- 
dition, such  requirements  with  respect  to  drainage,  shoring, 
fencing  and  other  precautions  as  in  the  judgment  of  the 
building  commissioner  are  necessary  for  the  protection  of 
neighboring  land  and  structures  thereon  and  of  the  public. 
In  case  such  requirements  are  imposed  by  the  building  com- 
missioner the  permit  shall  not  issue  until  the  applicant  files  a 
bond,  with  the  building  commissioner  as  obligee,  with  a 
siu'ety  company  authorized  to  do  business  in  the  common- 
wealth as  suret,y,  and  conditioned  upon  the  performance  by 
the  applicant  of  said  requirements  of  the  building  commis- 
sioner. The  penal  sum  of  said  bond  shall  be  in  an  amount 
satisfactory  to  the  building  commissioner  and  suit  may  be 
commenced  on  said  bond  in  the  name  of  the  building  com- 
missioner by  any  person  sustaining  damage  to  person  or 
))ro]ierty  as  a  result  of  a  breach  of  said  requirements  so 
imposed. 

Any  person  aggrieved  by  any  act  or  omission  of  the  build- 
ing conunissioner  under  this  act  shall  have  all  remedies  by 
way  of  appeal  proxided  in  sections  one  hundred  and  eighteen 
and  one  hundred  and  nineteen  of  chapter  four  hundred  and 
seventy-nine  of  the  acts  of  nineteen  hundred  and  thirty- 
eight. 

Sectiox  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  11,  1945. 


15(3  Acts,  1945.  —  Chaps.  205,  206,  207. 


C/wp.205  Am  Act  providing  that  persoxs  held  in  clstody,  not 

CHARGED  WITH  A  FELONY,  SHALL  BE  PERMITTED  TO  COM- 
MUNICATE WITH  RELATIVES,  FRIENDS  OK  ATTORNEY,  OK 
TO  PROCURE  BAIL,  BY  USE  OF  TELEPHONE  SERVICE  MAIN- 
TAINED IN   THE  PLACE  OF  CUSTODY. 

Be  it  enacted,  etc.,  as  follows: 

Ed 'r  276''  (Chapter  two  hundred  and  seventy-six  of  the  General  Laws 

new§33A,  is  hereby  amended  by  inserting  after  section  thirty-ttiree, 
''^^^'^^'  as  appearing  in   the   Tercentenary   Edition,    the  following 

Certain  per-  sBction:  —  Section  33 A.  The  police  official  in  charge  of  the 
c^tody  to°  station  or  other  place  of  detention  having  a  telephone  wherein 
tousITde-''''  ^  person  is  held  in  custody,  not  charged  with  a  felony,  shall 
phone  to  permit  the  asc  of  the  teleplione  for  the  purpose  of  allowing  the 

'f(>r1^fn,  tto.  arrested  person  to  communicate  with  liis  farail.Y'  or  friends, 
or  to  arrange  for  release  on  bail,  or  to  engage  the  services 
of  an  attorney.  Approved  April  11,  19J,.5. 


('/iap.2{}6  An  Act  authorizing  Bristol  county  to  expend  a  cer- 
tain SUM  OF  MONEY  FOR  REPAIRINC!,  FURNISHIN(i  AND 
improving  COUNTY  BUILDINGS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  county  of  Bristol  may  expend  a  sum 
not  exceeding  ten  thousand  dollars  for  the  purpose  of  re- 
pairing, furnishing  and  improving  county  buildings,  in  addi- 
tion to  amounts  already  available  for  that  purpose,  said 
sum  to  be  included  in  the  appropriation  for  the  current  year 
for  said  county. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  12,  194-5. 


C/ni]).2{)7  An  Act  authorizing  contributions  by  the   county  of 

BARNSTABLE  FOR  THE  CONSTRUCTION  OF  SEA  WALLS  OR 
other  FORMS  OF  SHORE  PROTECTION  FOR  TOWNS  IN  SAID 
COUNTY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  county  of  Barnstable  is  hereby  author- 
ized to  contribute  to  the  cost  of  constructing  sea  walls  or 
other  works  to  be  built  by  the  state  department  of  public 
works  during  the  years  nineteen  hundred  and  forty-five, 
nineteen  hundred  and  forty-six,  nineteen  hundred  and  forty- 
seven  and  nineteen  hundred  and  fort\'-eight  imder  authority 
of  section  eleven  of  chapter  ninety-one  of  the  General  Laws 
for  the  protection  of  the  shores  of  the  towns  in  said  county 
from  erosion  by  the  sea,  and  the  coimty  treasurer,  with  the 
approval  of  the  coimty  commissioners,  may  pay  the  county's 
proportion  of  such  cost  from  the  highway  appropriation  for 
the  year  during  which  the  agreement  to  ui.uke  such  [)ayment 
is  entered  into  or,  for  the  purpose  of  so  contributing,  may 


AcTH,  1945. —  Chap.  208.     ,  157 

borrow  fioni  time  l<»  tinip  on  tb^  ci'edit  of  the  coimty  sue;!* 
sums  as  may  be  necessary,  not  exceeding,  in  the  aggi-egate, 
one  hundred  thousand  dollars,  and  may  issue  bonds  or 
notes  of  the  county  therefor,  which  shall  bear  on  their  face 
the  words  Barnstable  County  Shore  Protection  Loan,  Act  of 
194.5.  Each  authorized  issue  shall  constitute  a  separate 
loan,  and  such  loans  shall  be  payable  in  not  more  than  hve 
years  from  their  dates.  Such  bonds  or  notes  shall  be  signed 
by  tiie  county  treasurer  and  coimlersigned  b}-  a  majoritv 
of  the  county  conunissioners.  The  county  may  sell  such 
seciu-ities  at  public  or  private  sale  upon  such  terms  and 
conditions  as  the  county  commissioners  may  deem  proper, 
but  not  for  less  than  their  par  value.  Indebtedness  incurred 
umler  this  act  shall,  except  as  herein  provided,  be  subject  to 
chapter  thirty-five  of  the  General  Laws. 

Section  2.  The  coimty  treasurer,  with  tlie  approval  of 
the  county  conmiissioners,  may  issue  temj>orary  notes  of 
the  county  pa;>able  in  not  more  than  one  year  from  tlieii- 
tlates,  in  anticipation  of  the  issue  of  serial  bonds  or  notes 
under  section  one,  but  the  time  within  which  such  serial 
bonds  or  notes  shall  become  due  and  payable  shall  not,  b}- 
rea.son  of  such  temporar}^  notes,  be  extended  bej'ond  the  time 
fixed  by  said  section.  Any  notes  issued  in  anticipation  of 
the  serial  bonds  or  notes  shall  be  paid  from  the  proceeds 
thereof. 

Section  ;>.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  12,  1945. 


A\  Act  atthorizinc  the  payme.vt  in  whole  or  in  part  CJinp.2()S> 

ay  THE  COUNTY  OF  BRISTOL  OF  A  CERTAIN  BILL  OF  WILLIAM 
MCAFLIFFE  FOR  REPAIR  WORK  DONE  AT  THE  RECilSTRY  OF 
DEEDS    BUILDING    AT    NEW    BEDFORD. 

lie  it  enacted,  etc.,  as  follows: 

The  county  treasurer  of  Bristol  county  may  pay  to  Wil- 
liam McAulifTe  of  New  Bedford  the  sum  of  two  thousand 
and  forty-five  dollars  and  fifty  cents,  or  such  lesser  amount 
as  the  county  commissioners  of  said  county  may  deter- 
mine, in  payment  in  whole  or  in  part  of  his  bill,  dated  Octo- 
ber sixteenth,  nineteen  hundred  and  forty-four,  against  said 
county  for  labor  and  materials  furnished  in  making  repairs 
to  the  registry  of  deeds  building  at  New  Bedford  on  account 
of  damage  caused  by  the  hurricane  of  September  fourteenth, 
nineteen  hundred  and  forty-four,  said  work  having  been 
ordered  by  said  county  commissioners.  Paj-meht  authorized 
hereunder  shall  be  from  the  proceeds  of  a  loan  incurred  under 
authority  of  section  thirty-six  A  of  chapter  thirty-five  of  the 
General  Laws.  Approved  April  ] 2,  194 f>. 


158  Acts,  1945.  —  Chaps.  209,  210. 

C'Ar//).209  ■'^^  ^^'^''''  AlTTHOlMZlNfi  TIIK  PAYMENT  HV  TMK  COUNTY  Ol'' 
BKISTOIi  OK  A  CERTAIN  BILL  OF  VV1LLIA.M  MCAULIFFE  FOK 
REPAIR  WORK  DONE  AT  THE  REGISTRY  OF  DEEDS  BUILDING 
AT   NEW    BEDFORD. 

Be  it  enacted,  etc.,  asfolhnvs: 

The  county  treasurer  of  Bristol  county  may  pay  to  Wil- 
liam McAuliffe  of  New  Bedford  tlie  sum  of  twenty-one  hun- 
dred and  eiglity-four  dollars  in  payment  of  his  bill,  dated 
October  ninth,  nineteen  iumdred  and  forty-four,  aj^ainst  said 
county  for  labor  and  materials  furnished  in  making  repairs 
to  the  registry  of  deeds  building  at  New  Bedford  on  account 
of  damage  caused  by  the  hurricane  of  September  fourteenth, 
nineteen  hundred  and  forty-four,  said  work  having  been 
ordered  by  the  county  commissioners  of  said  county.  Pay- 
ment authorized  hereunder  shall  be  from  the  proceeds  of  a 
loan  incurred  under  authority  of  section  thirty-six  A  of 
(chapter  thirty-iive  of  the  General  Laws. 

Approved  April  12,  1945. 


( 'lt(ii).2i()  An  Act  consolidating  the  first   [txiversalist  sociepy 

IX     LOWELL     AND     THE     GRACE     UNIVERSALIST     PARISH     OF 
LOWELL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  First  Universalist  Society  in  Lowell  and 
the  Grace  Universalist  Parish  of  Lowell,  corporations  estab- 
lished under  the  laws  of  the  commonwealth,  are  hereby 
authorized  to  consolidate  into  one  corporation,  with  all  the 
l)rivileges,  powers  and  immunities  to  which  other  religioiLS 
societies  in  this  commonwealth  are  by  law  entitled,  under 
the  name  of  First-Grace  Universalist  Parish  in  Lowell,  which 
shall  in  all  respects  be  a  continuation  of,  and  the  lawful  suc- 
cessor to,  said  existing  corporations. 

Section  2.  Upon  such  consolidation,  all  bequests,  de- 
vises, conveyances  and  gifts  heretofore  or  hereafter  made  to 
either  of  said  existing  corporations,  however  described,  and 
all  the  powers  and  privileges  thereof  shall  vest  in  said  con- 
solidated corporation  and  all  trusts  now  or  hereafter  vested 
in  either  of  said  existing  corporations  shall  be  preserved 
inviolate,  and  all  provisions  relating  thereto  shall  have  full 
force  and  effect  in  said  consolidated  corporation,  in  so  far  as 
such  authority  and  right  may  be  granted  by  statute. 

Section  3.  Upon  such  consolidation,  the  treasurers  of 
said  existing  (Corporations  are  hereby  respectively  authorized 
to  execute  and  deliver  all  papers  and  documents  that  may  be 
deemed  necessary  or  proper  for  the  purpose  of  vesting  in 
t  lie  consolidated  corporation  the  property  belonging  respec- 
tively to  the  existing  corporations. 

Section  4.  Whatever  authority  or  right  is  granted  or 
conferred  by  this  act,  is  liereby  declared  to  be  limited  to  such 
uulhority  or  riglit,  as  the  general  court  may  constitutionally 


Acts,  1945.  —  Chap.  211.  159 

grant  or  confer,  without  prejudice  to  any  proceeding  that 
ma}'  be  instituted  in  any  court  of  competent  jurisdiction  to 
effect  the  purposes  of  this  act. 

Section  5.  Upon  the  acceptance  of  this  act  by  eacii  of 
tlie  existing  corporations  at  a  meeting  duly  called  for  the 
purpose,  duly  certified  copies  of  the  respective  votes  of  ac- 
ceptance shall  be  filed  in  the  registry  of  deeds  for  the  north- 
ern district  of  Middlesex  county  and  in  the  office  of  the  state 
secretar}^,  and  the  consolidation  of  said  corporations  shall 
thereupon  be  complete.  Approved  April  12,  1945. 


AiV  Act  regulating  the  lighting  of  public  halls  and  (^1,^,,^  9i  i 

STAIRS    IN    tenement   HOl'SES    IN    THE    CITY    OF   HOLYOKE.  ^  ' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  In  every  tenement  house  in  the  city  of  PIol- 
yoke  where  the  public  halls  and  stairs  are  not,  in  the  opinion 
of  the  board  of  health,  sufficientl}-  lighted,  the  owner  of  the 
liouse  shall  keep  a  proper  light  burning  in  the  hallway,  near 
the  stairs,  upon  each  floor,  as  may  be  necessar^^,  from  sun- 
rise to  sunset. 

In  ever}'^  tenement  liouse  in  said  city  occupied  by  more 
than  two  families  a  proper  light  shall  be  kept  burning  by 
the  owner  in  the  public  halls,  near  the  stairs,  upon  the  en- 
trance floor,  and  upon  the  second  floor  above  the  entrance 
floor  of  the  house,  every  night  from  sunset  to  sunrise  through- 
out the  year,  and  upon  all  other  floors  of  the  said  house  from 
sunset  until  ten  o'clock  in  the  evening. 

Whoever  violates  smy  provision  of  this  act  shall  be  pun- 
ished by  a  fine  of  not  less  than  ten  dollars. 

Section  2.  The  following  words  as  used  in  this  act  shall 
have  the  following  meanings :  — 

"Public  hall",  a  hall,  corridor  or  passageway  not  within 
an  apartment. 

"Tenement  house",  any  house  or  ]>uilding,  or  part  thereof, 
which  is  rented,  leased,  let  or  liirod  out,  to  be  occupied,  or  is 
occupied,  or  intended,  arranged  or  designed  to  be  occupied, 
as  the  home  or  residence  of  two  or  more  families  (a  family 
may  consist  of  one  or  more  persons),  living  independently 
of  each  other  and  doing  their  cooking  on  the  premises  and 
having  a  common  right  in  the  halls,  stairways,  yard,  courts, 
cellar,  sinks,  water  closets  or  privies,  or  any  of  them.  Where 
the  occupants  of  dwelling  houses  contiguous  and  vertically 
divided,  each  occupied,  or  intended,  arranged  or  designed  to 
be  occupied,  as  the  home  or  residence  of  one  family  or  more, 
have  a  common  right  in  or  use  in  common  the  halls,  stair- 
ways, yards,  cellars,  sinks,  water  closets  or  privies,  or  any 
of  them,  such  dwelling  houses  shall  be  deemed  to  be  tene- 
ment houses  and  shall  be  subject  to  this  act. 

Section  3.  For  the  purpose  of  enforcing  the  provisions 
of  this  act,  there  shall  be  available  to  the  proper  officers  of 
said  city  all  means  provided  by  chapter  one  hundred  and 


160  Acts,  1945. —  Chaps.  212,  218. 

forty-four  of  the  General  Laws  for  enforcing  the  provisions 
thereof  similar  to  those  contained  in  section  one  of  this  act. 
Section  4. ,  This  act  shall  take  full  effect  upon  its  accept- 
ance during  the  current  year  by  the  mayor  and  board  of 
aldermen  of  said  city,  b\it  not  otherwise. 

Approved  April  12,  19//). 


Cha'p.212  An  Act  authorizing  the  county  of  dukes  county  to 

ACQUIRE    property,    AND    TO    CONSTRUCT,    MAINTAIN    AND 
OPERATE   THE   SAME   AS   A    PUBLIC   AIRPORT. 

He  it  enacted,  etc.,  as  follows: 

Section  1.  The  county  of  Dukes  County,  actinj;-  by  ita 
county  commissioners,  is  hereby  authorized  to  acquire  by 
purchase  or  otherwise  land  or  other  property  for  public  air- 
port purposes,  and,  upon  the  acquisition  of  such  property, 
said  county,  acting  as  aforesaid,  is  hereby  authorized  to  con- 
struct thereon  an  airport  and  to  maintain  and  operate  the 
same  as  a  public  airport. 

Section  2.  Said  county  commissioners  may  make  rules 
and  regulations  for  the  use  of  such  airport,  and  they  may  let 
or  lease  such  airport,  or  any  part  thereof,  for  a  period  not 
exceeding  twenty  years. 

Section  3.  Subject  to  appropriation,  said  county  com- 
missioners shall  employ  such  persons  as  they  may  deem 
necessary  in  the  maintenance  and  operation  of  such  airport, 
and  fix  their  salaries  or  compensation. 

Approved  April  12,  19J^5. 


C]iap.2\?>  An  Act  relative  to  annual  rentals  or  charges  for 

USERS    OF    THE    SEWER    SYSTEM    IN    THE    TOWN    OF    BARN- 
STABLE. 

Be  it  enacted,  etc.,  as  follows: 

Section  ten  of  chapter  two  hundred  and  seventy-four 
of  the  acts  of  nineteen  hundred  and  thirty-one  is  hereby 
amended  by  adding  at  the  end  the  following  paragraph :  — 

The  provisions  of  chapter  eighty-three  of  the  General 
Laws  applicable  to  annual  charges  for  the  use  of  common 
sewers  authorized  by  section  sixteen  of  said  chapter,  includ- 
ing provisions  relative  to  liens  for  such  charges,  shall  apply 
in  the  case  of  annual  rentals  or  charges  prescribed  under 
this  act.  Approved  April  12,  191^5. 


Acts,  1945.  —  Chaps.  214,  215.  161 

An  Act  authorizing  special  judges  of  probate  and  in-  QjiQjf  214 

SOLVENCY    AND    SPECIAL    JUSTICES    OF    DISTRICT    COURTS,  ' 

WHEN  NOT  HOLDING  COURT,  TO  DISPENSE  WITH  THE  FIVE 
DAY  NOTICE  OF  INTENTION  OF  MARRIAGE,  AND  VALIDAT- 
ING   CERTAIN    MARRIAGES. 

He  it  enacted,  etc.,  as  follows: 

Section  1.     Section  thirty  of  chapter  two  hundred  and  ^-M^^^"^- 
seven  of  the  General  Laws,  as  amended  by  section  one  of  §'30,' etc' 
chapter  eleven  of  the  acts  of  nineteen  hundred  and  thirty-  '^"^^"ded. 
seven,  is  hereby  further  amended  by  striking  out,  in  the 
eighth  Hne,  the  words  "when  holding  court",  —  so  as  to 
read  as  follows :  —  Section  SO.    Upon  application  by  both  of  Authorizing 
the  parties  to  an  intended  marriage,  when  both  parties  are  Fustices  to^"^ 
residents  of  the  commonwealth  or  both  parties  are  non-resi-  thTfive^iTy^ 
dents,  or  upon  application  of  the  party  residing  within  the  notice  of 
commonwealth  when  one  of  the  parties  is  a  resident  and  the  marHage.'' 
other  a  non-resident,  a  judge  of  probate  or  a  justice  of  a 
district  court,  or  a  special  judge  of  probate  and  insolvency 
or  special  justice  of  a  district  court,  may,  after  hearing  such 
evidence  as  is  presented,  grant  a  certificate  stating  that  in 
his  opinion  it  is  expedient  that  the  intended  marriage  be 
solemnized  without  delay.    Upon  presentation  of  such  a  cer- 
tificate, or,  in  extraordinary  or  emergency  cases  when  the 
death  of  either  party  is  imminent,  upon  the  authoritative 
request  of  a  minister,  clergyman,  priest,  rabbi  or  attending 
physician,  the  clerk  or  registrar  of  the  town  where  the  notice 
of  intention  has  been  filed  shall  at  once  issue  the  certificate 
prescribed  in  section  twenty-eight. 

Section  2.  All  marriages  which  have  been  solemnized 
within  the  commonwealth  pursuant  to  waivers,  so  called,  of 
the  five  day  notice  of  intention,  granted  by  special  judges  of 
probate  and  insolvency  or  special  justices  of  district  courts 
when  not  holding  court  and  which  are  invalid  solely  because 
granted  by  such  special  judges  or  special  justices  when  not 
holding  court,  are  hereby  validated  and  confirmed. 

Approved  April  12,  194-5. 


An  Act  to  eliminate  unfair  competition  and  other  Chav.215 

TRADE  abuses  IN  THE  SALE  OF  ALCOHOLIC  BEVERAGES. 

Whereas,    The  practice  of  price  cutting  and  loss-leader  Emergency 
selling,  so-called,  results  in  unfair  competition  and  other  pi^eamhie. 
trade  abuses;  and 

Whereas,  Such  practice  results  in  creating  undue  stimu- 
lation of  sales  of  alcoholic  beverages  and  contributes  to  a 
disorderly  distribution  and  sale  of  alcoholic  beverages  and  is 
detrimental  to  the  proper  regulation  of  the  sale  of  alcoholic 
beverages ; 

Therefore,  It  is  hereby  declared  to  be  against  the  public 
welfare  and  public  policy  of  the  commonwealth  to  permit 
price  cutting  and  loss-leader  selling,  so-called,  in  connection 


added 


162  Acts,  1945.  —  Chaps.  216,  217. 

with  the  sale,  of  alcoholic  beverages  in  the  commonwealth; 
and 

Whereas,  The  deferred  operation  of  this  act  would  unduly 
interfere  with  the  proper  enforcement  of  the  laws  relating  to 
the  sale  of  alcoholic  beverages;  therefore,  this  act  is  hereby 
declared  to  be  an  emergency  law,  necessary  for  the  immedi- 
ate preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

FdV'ns'^'  Chapter  one   hundred   and   thirty-eight  of   the   General 

new  I  23A,        Laws,  as  appearing  in  section  two  of  chapter  three  hundred 
and  seventy-six  of  the  acts  of  nineteen  hundred  and  thirty- 
three,  is  hereby  amended  by  inserting  after  section  twenty- 
Tenaityfor       three,   as   amended,   the  following  section:  —  Section  23 A. 
p"u-tj.ef?n       Whenever  a  holder  of  a  license  or  permit  issued  under  this 
Vi'iH.hoHc*'^         chapter  is  found  guilty  by  the  commission  of  violating  any 
bcvoriiges.         of  the  provislons  of  sections  fourteen  A  to  fourteen  K,  in- 
clusive, of  chapter  ninety-three,  the  commission  shall  sus- 
pend such  license  or  permit  for  a  period  of  thirty  days  for 
the  first  violation,  for  a  period  of  ninety  days  for  the  second 
violation,  and  shall  revoke  such  license  or  permit  for  the 
third  violation.     The  commission  may  determine  whether 
such  a  violation  has  taken  place  upon  evidence  secured  by 
its  own  inspectors,  investigators  or  agents,  or  from  evidence 
submitted  to  it  by  any  person  or  trade  organization,  or  both. 

Approved  April  16,  1943. 


preamble. 


('hnn.216  ^^  ^ct  revivinCx  rauch  &  lang,  inc. 

lOiiiprgeiicy  Wkeveas,    The  deferred  operation  of  this  act  would  tend 

to  defeat  its  purpose,  which  is,  in  part,  to  permit  the  imme- 
diate collection  of  a  claim  for  a  large  amount,  which  may 
otherwise  be  uncollectable,  therefore  it  is  hereby  declared  to 
be  an  emergency  law,  necessary  for  the  immediate  preserva- 
tion of  the  public  convenience. 

Be  it  enacted,  etc.,  as  folloivs: 

Rauch  &  Lang,  Inc.,  a  corporation  dissolved  by  section 
one  of  chapter  one  hundred  and  fortj^-eight  of  the  acts  of 
nineteen  hundred  and  thirty-eight,  is  hereby  revived,  witli 
the  same  powers,  duties  and  obligations  as  if  said  chapter 
had  not  been  passed.  Approved  April  16,  1945. 


Chan. 217  ^^  -^<^t  relative  to  the  reinstatement  of  war  veter- 
ans IN  teaching  positions  in  the  public  schools. 

Emergency  Wkei^eas,    The  deferred  operation  of  this  act  would  tend 

preamble.  .^^  ^^^^^  ^^  defeat  its  purpose,  which  is  t,o  provide  for  the 

immediate  reinstatement  of  certain  veterans  to  teaching  posi- 
tions in  the  public  schools,  therefore  it  is  hereby  declared  to 
be  an  emergency  law,  necessary  for  the  inuiiediate  preserva- 
tion of  the  public  convenience. 


Acts,  1945. —  Chaps.  218,  219.  lO:^ 

lie  a  enacted,  etc.,  as  folloivs: 

Section  six  of  chapter  seven  hundred  and  eight  of  the  acif? 
of  nineteen  hundred  and  forty-one  is  hereby  amended  by 
adding  at  the  end  thereof  the  following  paragraph:  — 

For  the  purposes  of  this  act  the  employment  of  a  person 
defined  as  a  teacher  in  section  six  of  chapter  thirty-two  of 
the  General  Laws  shall  be  deemed  employment  under  an 
appointment  for  an  indefinite  period  and  not  for  a  fixed 
term,  whether  or  not  said  teacher  serves  at  the  discretion 
of  the  school  committee  as  provided  in  section  forty-one  of 
chapter  seventy-one  of  the  General  Laws;  and  this  para- 
graph shall  applj^  to  any  person  who  terminated  his  employ- 
ment as  a  teacher  on  or  after  January  first,  nineteen  hun- 
dred and  fort}',  for  the  purpose  of  serving  in  the  military 
or  naval  forces  of  the  United  States. 

Approved  April  16,  1945. 


An  Act  providing  for  furnishing  without  charge  cer-  (,'//(//;. 218 
tain   copies   of  records   to   be   used   in   furthering 
claims    of    certain    veterans    against    the    united 
states  or  the  commonwealth, 

Be  it  enacted,  etc.,  as  follow s: 

Chapter  two  hundred  and  sixty-two  of  the  General  Laws  o.  l.  (Xer. 
is  hereby  amended  b}'  striking  out  section  forty-six  A,  as  §'46A!etc., 
amended  by  chapter  four  hundred  and  eighty-four  of  the  amended, 
acts  of  nineteen  hundred  and  forty-three,  and  inserting  in 
place  thereof  the  following  section :  —  Section  J^SA .    No  fee  Certain  rec- 
for  a  cop3'  of  an>'  record  relating  to  the  birth,  death,  mar-  furnished'' 
riage,  divorce,  adoption  or  change  of  name  of  any  person  without  fee. 
who  served  in  the  armed  forces  of  the  United  States  in  time 
of  war  or  insurrection,  and  received  a  discharge  therefrom 
which  is  other  than  a  dishonorable  one,  or  a  release  from 
active  dutj^  therein,  hereinafter  called  the  veteran,  or  relat- 
ing to  any  person  a  copy  of  whose  like  record  is  necessary  to 
assist  in  proving  a  claim  against  the  United  States  or  the 
commonwealth,  by  the  veteran,  or  by  his  or  her  spouse, 
widow,  widower,  children,  dependents  or  legal  representa- 
tives, shall  be  demanded  or  received  by  any  officer  of  the 
commonwealth,  or  of  any  county,  city  or  town  thereof,  who 
has  charge  of  such  records,  from  the  veteran  or  from  his  or 
her  spouse,  ^idow.  widower,  children,  dependents  or  legal 
rppresentatives ;   provided,  that  such  copy  is  for  use  in  rela- 
tion to  such  a  claim  against  the  United  States  or  the  com- 
monwealth. Approved  April  16,  194-5. 

An  Act  authorizi\(;  the  city  of  peabody  to  appropri-  (7?ap.219 

ATE   money    for   THE    PAYMENT   OF,    AND   TO    PAY,    CERTAIN 
(JNPAID    BILLS. 

Be  it  enacted,  etc.,  a.'i  folloivs: 

Section   L     The  city  of  Peabody  is  hereby  authorized  to 
appropriate  money  for  the  paj-ment  of,  and  after  such  appro- 


1(34  Acts,  1945.  —  Chaps.  220,  221. 

priation  the  treasurpr  of  said  city  is  hereby  authorized  to 
paj",  such  of  the  unpaid  bills  incurred  by  said  city  and  total- 
ing five  thousand  and  forty  dollars,  as  set  forth  in  the  list 
on  file  in  the  office  of  the  director  of  accounts  in  tlie  depart- 
ment of  corporations  and  taxation,  as  are  legally  unenforce- 
able against  said  city,  either  by  reason  of  their  being  incurred 
in  excess  of  available  appropriations  or  by  reason  of  the  fail- 
ure of  said  city  to  comply  with  the  provisions  of  its  charter, 
and  as  are  certified  for  payment  by  the  heads  of  the  depart- 
ments wherein  the  bills  were  contracted;  provided,  that  the 
money  so  appropriated  to  pay  such  bills  shall  be  raised  by 
taxation  in  said  city. 

Section  2.  No  bill  shall  be  approved  by  the  city  auditor 
of  said  city  for  payment  or  paid  by  the  treasm^er  thereof 
under  authority  of  this  act  unless  and  until  certificates  have 
been  signed  and  filed  with  said  city  auditor,  stating  under 
the  penalties  of  perjury  that  the  goods,  materials  or  services 
for  which  bills  have  been  submitted  were  ordered  by  an 
official  or  an  employee  of  said  cit}^  and  that  such  goods  and 
materials  were  delivered  and  actually  received  by  said  city 
or  that  such  services  were  rendered  to  said  city,  or  both. 

Section  3.  Any  person  who  knowingly  files  a  certificate 
required  b^y  section  two  which  is  false  and  who  thereby  re- 
ceives payment  for  goods,  materials  or  services  which  were 
not  received  by  or  rendered  to  said  city  shall  be  punished 
by  imprisonment  for  not  more  than  one  year  or  by  a  fine  of 
not  more  than  three  hundred  dollars,  or  both. 

Section  4.    Tliis  act  shall  take  effect  upon  its  passage. 

Approved  April  IS,  1945. 


Ghap.220  An  Act  transferring  the  control  of  o'donnell  park, 

so    called,    in    the    city    of    BROCKTON    FROM    THE    PARK 

department  to  the  playground  department. 
lie  it  enacted,  etc.,  as  follows: 

Section  1.  The  control  of  O'Donnell  park,  so  called,  in 
the  city  of  Brockton  is  hereby  changed  from  the  park  de- 
partment to  the  playground  department  of  said  city. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  April  IS,  194o. 


Chap.221  An  Act  authorizing  the  city  of  boston  to  grant  a  per- 
mit relative  to  the  construction  and  imaintenance 
OF  a  structure  bridging  chapman  place  in  said  city. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Upon  petition,  and  after  seven  days'  notice 
inserted  in  at  least  one  newspaper  pubhshed  in  the  city  of 
Boston,  and  a  public  hearing  thereon,  the  board  of  street 
commissioners  of  the  cit3'  of  Boston,  with  approval  of  the 
mayor,  may   grant  and  issue  a  permit  to  G.  J.  Sherrard 


Acts,  1945. —  (^hap.  222.  165 

Company,  a  corporation  duly  established  and  existing  under 
the  laws  of  this  commonwealth,  and  its  successors  and  as- 
signs, to  build  and,  on  such  conditions  and  subject  to  such 
restrictions  as  said  board  may  prescribe,  to  permanently 
maintain  a  structure  bridging  Chapman  place  in  said  city, 
hereinafter  called  the  way,  at  a  point  where  said  corpora- 
tion owns  buildings  on  opposite  sides  of  the  way,  for  the 
purpose  of  connecting  said  buildings.  Any  permit  granted 
hereunder  may  be  revoked  by  said  board  with  the  approval 
of  the  mayor. 

Section  2.  Any  structure  maintained  under  a  permit 
granted  as  aforesaid  shall  be  maintained  in  such  manner  that 
the  bottom  chord  shall  not  be  less  than  twenty-four  feet 
above  the  grade  line  of  the  way,  and  no  part  of  said  structure 
or  its  support  shall  rest  on  the  surface  of  the  way,  nor  shall 
any  such  structure  be  maintained  over  any  portion  of  the 
way  not  owned  in  fee  by  said  G.  .1.  Sherrard  Company  with- 
out written  consent  of  the  owner  of  such  portions  in  each  in- 
stance, filed  with  the  said  board.  Such  consent  of  the  city 
of  Boston,  if  and  when  necessary,  may  be  given  b\'  vote  of 
the  said  board  with  the  approval  of  the  mayor. 

Section  3.  If  a  traveler  on  the  highway  while  in  the 
exercise  of  due  care  sustains  bodily  injury  or  damage  in  his 
property  by  reason  of  the  construction  or  maintenance  of 
said  structure,  he  may  recover  damages  therefor  in  an  action 
of  tort  brought  against  said  G.  J.  Sherrard  Company,  or  its 
successors  or  assigns,  within  one  year  after  the  elate  of  such 
injury  or  damage;  provided,  that  such  notice  of  the  time, 
place  and  cause  of  the  said  injury  or  damage  be  given  to 
said  G.  J.  Sherrard  Company,  or  its  successors  or  assigns,  by, 
or  on  behalf  of,  the  person  or  persons  sustaining  the  same  as 
is,  under  the  provisions  of  chapter  eighty-fom-  of  the  General 
Laws,  valid  and  sufficient  in  cases  of  injury  or  damage  sus- 
tained by  reason  of  a  defect  or  a  want  of  repair  in  or  upon  a 
way,  if  such  defect  or  want  of  repair  is  caused  by  or  consists 
in  part  of  snow  or  ice,  or  both.  The  remedy  herein  provided 
shall  not  be  exclusive,  but  shall  be  in  addition  to  any  other 
remedy  provided  by  law. 

Section  4.    This  act  shall  take  effect  upon  its  passage. 

Approved  April  IS,  1945. 


An  Act  changing  the  time  for  the  holding  of  munici-  Clian.222 

PAL   elections   in    THE    CITY    OF   REVERE. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  two  hundred  and  twenty  of  the  acts  of  nineteen 
hundred  and  thirty-nine  is  hereby  amended  by  striking  out 
section  one  and  inserting  in  place  thereof  the  following  sec- 
tion :  —  Section  1 .  Beginning  with  the  year  nineteen  hun- 
dred and  forty-five,  municipal  elections  in  the  city  of  Revere 
for  the  choice  of  mayor,  collector  of  taxes,  city  treasurer, 


166  Acts,  1945.  —  Chaps.  223,  224. 

eouncilmen,  assessors  and  members  of  the  school  committee 
shall  be  held  biennially  on  the  first  Tuesday  of  November 
in  every  odd-numbered  year.        Approved  April  18,  1946. 


(li(ip.22Z  An  Act  giving  to  certain  superintendents  of  schools 
IN  superintendency  unions  the  tenure  benefits 
granted  to  other  school  superintendents. 

lie  it  enacted,  etc.,  as  follows: 

?:k\" 7i'l' m        Section  1.    Section  sixty-three  of  chapter  seventy-one  of 
iimendecl  the  General  Laws,  as  appearing  in  the  Tercentenary  lOdi- 

tion,  is  hereby  amended  by  adding  at  the  end  the  following 

paragraph :  — 
ntTorce^rtafii         ^  Superintendent  in  a  union  who  has  served  continuously 
superintend-      in  the  Same  union  for  more  than  three  years  and  who  has 
fn  super^in-"°  "^    been  employed  at  least  twice  as  superintendent  in  said  union, 
teudency  each  for  a  term  of  three  years,  shall  not  be  removed  except 

unions.  '  m  •  1  1  •  • 

lor  mefhciency,  incapacity,  conduct  unbecoming  a  superin- 
tendent, insubordination  or  other  good  cause,  nor  without 
full  compliance  with  the  provisions  of  section  forty-two,  rela- 
tive to  teachers  and  other  superintendents,  as  to  notice  of 
intention  to  dismiss,  specification  of  charges,  hearing  and 
substantiation  of  charges. 

Section  2.  Notwithstanding  the  provisions  of  section 
one  of  this  act,  a  superintendent  of  a  superintendency  union 
in  office  on  its  effective  date  shall  not  be  entitled  to  the  bene- 
fits thereof  except  after  he  has  been  re-employed  in  said 
office.  Approved  April  IS,  1946. 


C}i(ii).224:  An  Act  providing  for  the  holding  of  biennial  munici- 
pal elections  in  the  city  of  attleboro  in  odd-num- 
bered YEARS  and  establishing  THE  DATE  OF  SAID 
ELECTIONS. 

Be  it  enacted,  etc.,  as  follotos: 

Section  1.  Beginning  with  the  year  nineteen  hundred 
and  forty-nin(^,  biennial  municipal  elections  in  the  city  of 
Attleboro  for  the  choice  of  mayor,  city  clerk,  city  treasurer, 
city  collector,  eouncilmen  at  large  and  eouncilmen  by  wards 
shall  be  held  on  the  first  Tuesday  of  November  in  every  odd- 
numbered  year. 

Section  2.  At  the  biennial  municipal  election  to  be  held 
in  said  city  in  the  year  nineteen  hundred  and  forty-six,  the 
mayor,  city  clerk,  city  treasurer,  city  collector  and  council- 
men  shall  bo  elected  for  terms  of  three  years  each,  and  at 
each  biennial  municipal  election  thereafter  shall  ])e  elected 
for  terms  of  two  years  each. 

Section  3.  At  the  biennial  municipal  election  to  be  held 
in  said  city  in  the  year  nineteen  hundred  and  forty-six,  the 
members  of  the  school  committee  to  be  elected  thereat  shall 
be  elected  to  hold  office  until  the  qiiaUfication  of  their  sue- 


Acts,  1945. —Chap.  225.  1^7 

oessors  who  shall  be  elected  at  the  biennial  municipal  elec- 
tion hi  the  year  nineteen  hundred  and  fifty-one.  I^he  term 
of  office  of  the  members  of  the  school  committee  elected  in 
the  year  nineteen  hundred  and  forty-four  shall  continue  until 
the  qualification  of  their  successors  who  shall  be  elected  at 
the  biennial  municipal  election  in  the  year  nineteen  hundred 
and  forty-nine.  Beginning  with  the  biennial  municipal  elec- 
tion to  be  held  in  the  year  nineteen  hundred  and  forty-nine, 
;ill  members  of  the  school  committee  shall  be  elected  for 
terms  of  four  years  each. 

Section  4.  No  regular  municipal  election  shall  be  held 
in  said  city  in  the  year  nineteen  hundred  and  forty-seven  or 
in  the  year  nineteen  hundred  and  forty-eight. 

Section  5.  Such  provisions  of  chapter  six  hundred  and 
eighty  of  the  acts  of  nineteen  hundred  and  fourteen  and  of 
chapter  three  hundred  and  thirty-one  of  the  acts  of  nine- 
teen hundred  and  twenty-seven,  and  acts  in  amendment 
thereof  or  in  addition  thereto,  as  are  inconsistent  with  this 
act  are  hereby  repealed. 

Section  6.  This  act  shall  be  submitted  to  the  registered 
voters  of  the  city  of  Attleboro  at  the  biennial  state  election 
in  the  year  nineteen  hundred  and  forty-six  in  the  form  of  the 
following  question  which  shall  be  placed  upon  the  official 
ballot  to  be  used  in  said  city  at  said  election:  ^ — ^  "Shall 
an  act  passed  by  the  general  court  in  the  year  nineteen 
hundred  and  forty-five,  entitled  'An  Act  providing  for  the 
holding  of  biennial  municipal  elections  in  the  city  of  Attle- 
boro in  odd-numbered  years  and  establishing  the  date  of 
said  elections',  be  accepted?"  If  a  majority  of  the  votes  in 
answer  to  said  question  is  in  the  aflSrmative,  then  this  act 
shall  thereupon  take  full  effect,  but  not  otherwise. 

Approved  April  18,  1945. 


An  Act  requiring  the  filinc^  of  annual  returns  by  Ch(ip.226 
corporations  organized  for  the  purpose  of  conduct- 
ing  SCHOOLS   of   medicine. 

Be  it  enacted,  etc.,  as  follows: 

Section  twenty-six  A  of  chapter  one  hundred  and  eighty  o.  l.  (Ter. 
of  the  General  Laws,  inserted  therein  by  section  one  of  chap-  f  26A.^ltc., 
ter  two  hundred  and  thirty-six  of  the  acts  of  nineteen  hun-  amended. 
dred  and  thirty-three,  is  hereby  amended  by  inserting  after 
the  word  "twenty-six"  in  the  third  and  fourth  lines  the 
words:  —  ,  or  for  the  purpose  of  conducting  a  school  of 
medicine,  -   so  as  to  read  as  follows:  —  Section  26 A.    Every  Corporations 
corporation  heretofore  or  hereafter  organized  under  general  s°ho"is*^o?" 
or  special  law  for  any  purpose  mentioned  in  section  twenty-  aJe'annuai'^ 
six,  or  for  the  purpose  of  conducting  a  school  of  medicine,  returns. ' 
shall  annually,  on  or  before  November  first,  prepare  and  sub- 
rait  to  the  state  secretaiy  a  certificate  which  shall  be  signed 
and  sworn  to  by  its  president  and  treasurer,  or  its  presiding 
and  financial  officers  having  the  powers  of  president  and 


168  Acts,  1945.  —  Chaps.  220,  227. 

treasurer,  and  a  majority  of  its  directors,  or  officers  havrng 
the  powers  of  directors,  stating ;  - 

1.  The  name  of  the  corporation. 

2.  The  location  (with  street  address)  of  its  principal  office 
or  headquarters. 

;i  The  date  of  its  last  preceding  annual  meeting. 

4.  The  imnie.s  and  addresses  of  all  the  officers  and  direc- 
tors, or  officers  having  the  powers  of  directors,  of  the  cor- 
l)oration,  and  the  date  at  which  the  term  of  ofhce  of  each 
expires. 

The  slate  secretary  shall  examine  such  certificate,  and  if 
he  finds  that  it  conforms  to  the  requirements  of  this  chapter 
he  shall,  upon  payment  of  a  fee  of  two  dollars,  file  the  same 
in  his  office. 

Failure  by  such  a  corporation  for  two  successive  years  to 
submit  such  a  certificate  siiall  be  sufficient  cause  for  the 
revocation  of  its  charter  by  the  state  secretary. 

This  section  shall  not  appi}'  to  literary,  benevolent,  chari- 
table, scientific  or  religious  corporations  whose  real  or  })er- 
sonal  property  is  exempt  from  taxation. 

Approved  April  18,  194o. 


(^hap.226  An   Act  relative  to  the   conclusiveness  of  decrees 

FORECLOSING    TAX   TITLES. 

Be  it  enacied,  etc.,  as  follows: 

G  L.  (Tor.  Section  1.     Section  sixty-nine  of  chapter  sixty  of  tlie 

§69,' etc'.,         General  Laws,  as  amended  by  section  four  of  chapter  two 
amended.  hundred  and  twenty-four  of  the  acts  of  nineteen  hundred 

and  thirty-five,  is  hereby  further  amended  by  adding  at  the 
Decree  foro-      cud  the  foUowuig  sentcncc : —  If  no  innocent  purchaser  for 
mie"^*'"'        value  has  acquired  an  interest,  such  decree  may  be  vacated 
in  the  discretion  of  the  court  upon  petition  filed  by  the  peti- 
tioner at  any  time, 
o.  L.  (Ter.  SECTION  2.    Said  chapter  sixty  is  hereby  further  amended 

new  §^69A,  ^^Y  inserting  after  section  sixty-nine,  as  amended,  the  fol- 
added.  '  lowiug  soction :  —  Section  69 A.  No  petition  to  vacate  a 
s^tute  of  decree  of  foreclosure  entered  under  section  sixty-nine  and 
no  proceeding  at  law  or  in  equity  for  reversing  or  modifying 
such  a  decree  shall  be  commenced  by  any  person  other  than 
the  petitioner  except  within  one  year  after  the  final  entry  of 
the  decree  if  the  decree  is  entered  on  or  after  September  first, 
nineteen  hundred  and  forty-five  or  within  one  year  after 
said  date  if  the  decree  was  entered  prior  to  said  date. 

Approved  April  18,  1945. 


limitation. 


(Viap. 227  An  Act  relative  to  the  release  or  discharge  of  per- 
sons  COMMITTED   TO   THE   MONSON    STATE    HOSPITAL. 

Be  it  enacted,  etc.,  as  follows: 
G.  L.  (Ter.  Scctjon  sixty-uiuc  of  chapter  one  hundred  and  twenty- 

.^rneAdef?'  ^  *'**'  t^^''*-<'  *^*  ^'^^  General  Laws,  as  appearing  in  the  Tercentenary 


Acts,  1945.  —  Chaps.  228,  229.  169 

Edition,  is  hereby  amended  by  adding  at  the  end  the  follow- 
ing sentence:  —  Any  person  subject  to  epilepsy,  committed 
to  the  Monson  state  hospital  in  the  manner  pro\ided  for 
t  he  commitment  of  dipsomaniacs  and  inebriates,  may  be  de- 
tained in  the  hospital  until  such  time  as  he  is  deemed  by  tlio 
superintendent  to  be  suitable  for  release  or  discharge  in  ac- 
cordance witli  the  provisions  of  sections  eighty-eight,  eighty- 
nine,  and  ninety  to  ninety-three,  inchisivp,  —  so  as  to  read 
:is  follows:  —  Section  69.  A  person  who  is  subject  to  epi-  Reieasi,  <-i.-., 
lei')sy,  if  he  is  not  a  criminal,  an  inebriate,  or  violently  in-  committed  to 
sane,  ma.v,  if  insane,  be  committed  to  the  Monson  state  ^0°^*^°"  ^^^^^ 
hospital,  in  accordance  with  the  provisions  of  this  chapter 
relative  to  the  commitment  of  other  insane  persons,  or,  if 
dangerous  to  himself  or  others  by  reason  of  epilepsy,  may 
be  committed  thereto  in  the  manner  provided  for  the  com- 
mitment of  dipsomaniacs  and  inebriates.  Any  person  sub- 
ject to  epilepsy,  coTiimitted  to  the  Monson  state  hospital  in 
the  manner  provided  for  the  commitment  of  dipsomaniacs 
and  inebriates,  may  be  detained  in  the  hospital  imtil  such 
time  as  he  is  deemed  by  the  superintendent  to  be  suitable 
for  release  or  discharge' in  accordance  with  the  provisions 
of  sections  eighty-eight,  eighty-nine,  and  ninety  to  ninety- 
three,  inclusive.  Approved  April  18,  1945. 


A.v  Act  reducing  the  rate  of  interest  allowed  on  Cliap.22H 

CERTAIN    FUNDS    UNDER   THE    RETIREMENT   SYSTEM    OF   THE 
CITV   of   WORCESTER. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  four  hundred  and  ten  of  the  acts  of  nineteen 
hundred  and  twenty-three  is  hereby  amended  by  striking 
out  paragraph  (k),  as  amended  by  chapter  two  hundred  and 
eighty-one  of  the  acts  of  nineteen  hundred  and  thirty-nin<', 
and  inserting  in  place  thereof  the  following  paragraph :  — 

(k)  "Regular  interest"  shall  mean  interest  at  three  per 
centum  per  annum  compounded  annually. 

Approved  April  18,  1945. 


An  Act  providing  a  penalty  for  breaking  and  enter-  C},fij)  229 

ING  A  BUILDING,   SHIP  OR  VESSEL  WITH  INTENT  TO  COMMIT 
A    MISDEMEANOR. 

He  it  enacted,  etc.,  as  follows: 

Chapter  two  hundred  and  sixty-six  of  the  General  Laws  g.  l.  (Xei. 
is  hereby  amended  by  inserting  after  section   sixteen,   as  ne^wS^foA, 
amended,  the  following  section:  —  Section  WA.    Whoever  in  added. 
the  nighttime  or  daytime  breaks  and  enters  a  building,  ship  hr^eTidng^ami 
or  vessel  with  intent  to  commit  a  misdemeanor  shall  be  entering  with 
punished  by  a  fine  of  not  more  than  two  Imndred  dollars  or  commit^a 
by  imprisonment  for  not  more  than  six  months,  or  both.  niisdemoanor. 

Approved  April  18,  1945. 


J  70 


Acts,  1945.  —  Chaps.  230,  231. 


(7/^//>.230 


G.  L.  (Tit. 
Kd.),  265. 
§  13A,  etc., 
amended. 


Suiiinioiis  ill 
lieu  of  ii 
warrant  in 
cases  of 
assault,  etc:. 


An  Act  to  provide  for  the  issuance  of  a  summons  in 

LIEU    of    a    warrant    IN    CASES    OF    ASSAULT    OR    ASSAULT 
AND    BATTERY. 

Be  it  enacted,  etc.,  as  follows: 

Section  thirteen  A  of  chapter  two  hundred  and  sixty-five 
of  the  General  Laws,  inserted  by  section  one  of  chapter  two 
hundred  and  fifty-nine  of  the  acts  of  nineteen  hundred  and 
fortj'-three,  is  hereby  amended  by  adding  at  the  end  the  fol- 
lowing paragraph :  — 

A  summons  may  be  issued  instead  of  a  warrant  for  tlie 
arrest  of  any  person  upon  a  complaint  for  a  violation  of  anj^ 
provision  of  this  section  if  in  the  judgment  of  the  court  or 
justice  receiving  the  complaint  there  is  reason  to  believe 
that  he  will  appear  upon  a  summons. 

Approved  April  18,  1945. 


C/llin,2'Sl   A^'    ■^^'T    RELATIVE    TO    THE    FORM    OF    CERTAIN    AFFIDAVITS 

UNDER    THE   ABSENT    VOTING    LAW. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  second  paragraph  of  the  first  affidavit  in 
subsection  (c)  of  section  eighty-seven  of  chapter  fifty-four 
of  the  General  Laws,  as  appearing  in  section  two  of  chapter 
one  hundred  and  sixty-two  of  the  acts  of  nineteen  hundred 
and  thirty-seven,  is  hereb}'  amended  by  inserting  after  the 
word  "me"  in  the  second  line  the  words:  —  or  identified  to 
my  satisfaction,  —  so  as  to  read  as  follows:  — 


G.  L.  (Ter. 
Ed.),  54, 
§  87,  etc., 
amended. 


Forui  of 
affidavit 
under  absent 
voting  law. 


Subscribed  and  sworn  to  l^efore  nie  by  the  above  affiant,  i)er- 
sonally  kno-wn  to  me  or  identified  to  my  satisfaction,  this 
da>'  oi"  ,  19     ,  in  the  city  or  town  of  ,  state 

f)f  ,  and  I  hereb}'  certify  that  when  I  was  alone  ^vit.h 

the  afliant  he  showed  me  the  ballot  herein  enclosed,  vmmarked, 
and  tlien  in  my  presence  marked  the  same  without  my  seeiiifi 
liow  ho  niarked  it,  after  which  he  sealed  said  ballot  in  this  envelope. 
I  had  no  communication  with  the  affiant  as  to  how  he  was  to  A'ote. 


(Seal,  if  any 


Name 

Residence 

Official  title  or  miHtar-\-  or  naval  rank 


G.  L.  CJer. 
Ed.),  54, 
S  87,  etc., 
further 
amended. 


Section  2.  The  second  paragraph  of  the  second  affidavit 
in  said  subsection  (c),  as  appearing  in  section  two  of  chapter 
four  hundred  and  four  of  the  acts  of  nineteen  hundred  and 
thirty-six,  is  hereby  amended  by  inserting  after  the  word 
"me"  ui  the  second  line  the  words:  —  or  identified  to  my 
satisfaction,  • —  so  as  to  read  as  follows:  — 


Same 
subject. 


Subscribed  and  sworn  to  before  me  by  the  above  afliant,  i)er- 
sonally  known  to  me  or  identified  to  my  sati.sf action,  this 
day  of  ,19     ,  in  the  city  {or  town)  of  ,  and 

1  hereby  certify  that  Avhen  I  was  alone  with  the  afliant  he  showed 
me  the  l)allot  herein  enclosed,  unmarked,  antl  then  in  my  presence 


Acts,  1945.  —  Chaps.  232,  231:;.  1 7 

marked  the  same  without  iny  seeuiK  how  he  marked  it.  after  which 
he  sealed  said  ballot  in  this  eriA'elope.     1  had  no  commtinication 
with  the  athant  as  to  how  he  was  to  \ote. 
Name 

Clerk  of  the  city  (or  totnt)  of  (name  of  city  or  town). 

Approved  April  18,  1945. 


An  Act  relative  to  the  protection  of  the  wood  dick.  (^jf^Qt)  232 

He  it  enacted,  etc.,  as  follows: 

( Jhapter  one  hundred  and  thirty-one  of  the  General  Laws  g  t>.  (Ter. 
is  hereby  amended  b}-  inserting  after  section  sixty-one,  as  new  i^'iVa, 
appearing  in  section  two  of  chapter  five  hundred  and  ninety-  adrfea. 
nine  of  the  acts  of  nineteen  hundred  and  forty-one,   the 
following  section :  —  Section  61 A .     There  shall  be  no  open  ivnaity  for 
season  declared  on  wood  duck  and  it  shall  be  unlawful  to  wmlTduik. 
hunt  wood  duck  at  any  time.    Whoever  violates  this  section 
shall  be  punished  as  provided  in  section  fifty-three. 

Approved  April  23,  1945. 


Ax  Act  relative  to  the  regulation  of  outdoor  adver-  Qfiav  233 

TISING. 

lie  it  enacted,  etc.,  as  foUoivs: 

Chapter  ninety-three  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  section  thirty,  as  appearing  in  the  §'36,  amended. 
Tercentenary  Edition,  and  inserting  in  place  thereof  the  fol- 
lowing section:  —  Section  30.  No  person,  firm,  association  Certuin  bui- 
or  corporation  shall  post,  erect,  display  or  maintain  on  any  foThidden^.'^" 
public  way  or  on  private  property  within  public  view  from 
any  highway,  public  park  or  reservation  any  billboard  or 
other  advertising  device,  whether  erected  before  August 
twenty-fifth,  nineteen  hundred  and  twent}^  or  not,  wliich 
advertises  or  calls  attention  to  any  business,  article,  sub- 
stance or  any  other  thing,  unless  such  billboard  or  device 
conforms  to  the  rules  and  regulations  and  ordinances  or  by- 
laws established  under  section  twenty-nine;  provided,  that 
this  section  shall  not  apply  to  signs  or  other  de\'ices  erected 
and  maintained  in  conformity  with  law  and  which  advertise 
or  indicate  either  the  person  occupying  the  premis'  s  in  ques- 
tion or  the  business  transacted  thereon,  or  advertise  th(? 
jjroperty  itself  or  any  part  thereof  as  for  sale  or  to  let  and 
which  contain  no  other  advertising  matter  or  which  are 
maintained  on  land  owned  by  a  person,  firm,  association  or 
corporation  engaged  in  the  outdoor  advertising  business  if 
owned  by  the  same  person,  firm,  association  or  corporation 
on  January  first,  nineteen  hundred  and  twenty-five,  and  if 
billboards  or  other  de\ices  were  maintained  thereon  prior  to 
August  twenty-fifth,  nineteen  hundred  and  twenty,  and  have 
been  maintained  thereon  from  that  time  until  Januar^^  first, 
nineteen  hundred  and  forty-five. 

Approved  April  S3,  1945. 


172  Acts,  1945.  —  Chaps.  234,  235. 


Chap.2S4  ^N  -^CT  A.UTH0KIZING  the  city  of  MARLBOROUGH  TO  AP- 
PROPRIATE MONEV  FOR  THE  PAYMEIVT  OF  CERTAIN  OVER- 
DRAFTS   AND    UNPAID    BILLS    AND    TO    PAY    SAID    BILLS. 

Be  it  enacted,  etc.,  as  follows; 

Section  1.  The  city  of  Marlborough  is  hereby  author- 
ized to  appropriate  a  sum  not  to  exceed  four  thousand,  one 
hundred  and  forty-eight  dollars  and  seventeen  cents  for  the 
payment  of  overdrafts  in  the  accounts  of  the  year  nineteen 
hundred  and  forty-three,  and  also  to  appropriate  a  sum  not 
to  exceed  three  thousand  and  five  dollars  and  two  cents  for 
tlie  payjnent  of,  and  to  pay,  such  of  the  unpaid  bills  in- 
(iurred  in  the  year  nineteen  hundred  and  forty-three,  all  as 
shown  by  a  list  filed  with  the  director  of  accounts  in  the 
department  of  corporations  and  taxation,  as  are  legally  un- 
enforceable against  said  city  by  reason  of  its  failui'e  to  com- 
ply with  the  provisions  of  its  charter  or  by  reason  of  the 
fact  that  no  appropriation  was  available  at  the  time  of  in- 
curring such  bills. 

Section  2.  No  bill  shall  be  paid  under  authority  of  this 
act  unless  and  until  a  certificate  has  been  signed  and  filed 
with  the  auditor  of  said  city,  stating  under  the  penalties  of 
l)erjury  that  the  goods,  materials  or  services  for  which  such 
bill  has  been  submitted  were  ordered  b>'  an  official  or  em- 
ployee of  said  city  and  that  such  goods  and  materials  "were 
delivered  and  actually  received  by  said  city  or  that  such 
services  were  rendered  to  said  city,  or  both,  nor  unless  and 
until  such  bill  has  been  approved  by  the  board  established 
by  section  one  of  chapter  forty-nine  of  the  acts  of  nineteen 
hundred  and  thirty-three. 

Section  3.  Any  person  who  knowingly  files  a  certificate 
required  by  section  two  which  is  false  and  who  thereby  re- 
ceives payment  for  goods,  materials  or  services  which  were 
not  received  by  or  rendered  to  said  city  shall  be  punished  by 
imprisonment  for  not  more  than  one  year  or  by  a  fine  of 
not  more  than  three  hundred  dollars,  or  both. 

Section  4.    This  act  shall  take  effect  upon  its  {)assage. 

Approved  April  £-(,  194-^i- 

^ '/////>. 235  An  Act  amendinc;  the  law   kelative  to  the  admission 

TO   BAIL  of   persons  CHAROED   WITH   CFRTAIN   SEX    CHIMES, 
SO    CALLED. 

icniergency  Wkeretts,   llie  prevalence  of  sex  crimes,  so  called,  requires 

iwain  ,:         ^j^^^  ^j^^  provlsioHS  of  this  act  which  provide  a  means  for 

curbing  such  crimes  take  effect  without  delay,  therefore  it 

is  hereby  declared  to  be  an  emergency  law,  nec^essary  for 

the  immediate  preservation  of  the  public  safet^^ 

Be  it  enacted,  etc.,  as  follows: 

G  L.  (Ter.  SectioH  fifty-scven  of  chapter  two  hundred  and  seventy- 

§57,' etc..'         six  of  the  General   Laws,   as  most  recently   amended   by 
amended.  (chapter  three  hundred  and  thirty  of  the  acts  of  nineteen 


sex  crimes. 


Acts,   1945.  —  Chap.  286.  178 

hundred  and  forty-three,  is  hereby  further  amended  by 
striking  out  the  second  paragraph  and  inserting  in  place 
thereof  the  following  paragraph:  — 

Before  the  amount  of  bail  of  a  prisoner  charged  with  an  Bail  of 
offence  punishable  by  imprisonment  for  more  than  one  year  charged  with 
is  fixed  in  court,  the  court  shall  obtain  from  its  probation 
officer  all  available  information  relative  to  prior  criminal 
prosecutions,  if  any,  of  the  prisoner  and  the  disposition  of 
each  of  such  prosecutions.  If  the  offence  with  which  such  a 
prisoner  is  charged  is  a  violation  of  any  provision  of  sections 
twenty-two  to  twent}'-four,  inclusive,  of  chapter  two  hun- 
dred and  sixty-five  or  section  thirty-four  or  thirty-five  of 
chapter  two  hundred  and  seventy-two,  and  it  appears  from 
such  information  or  otherwise  that  he  had  been  previously 
prosecuted  for  a  violation  of  any  such  provision,  the  court 
shall,  before  the  amount  of  bail  is  fixed,  obtain  from  the 
department  of  mental  health  a  report  containing  all  infor- 
mation in  its  possession  relative  to  the  prisoner,  particularly 
with  respect  to  any  mental  disease  or  defect  with  which  ho 
may  have  been  afflicted;  and  said  department  shall  furnish 
any  such  report  to  the  court  promptly  upon  its  request. 

Approved  April  21+.  19/^5. 


Ax  Act  kelative  to  the  compexsatiox  of  .ir-RORs.      C7iap.236 

Whereas,    The  increase  of  compensation  of  jurors  as  pro-  Emergency 
vided  by  this  act  should  be  paj^able  without  undue  delay  ''""*"*'"^®- 
in  view  of  the  increase  in  the  cost  of  li\ang  due  to  the  exist- 
ence of  the  present  state  of  war,  therefore  it  is  hereby  de- 
clared to  be  an  emergency  law,  necessary  for  the  immediate 
preservation  of  the  public  convenience. 

lie  it  enacted,  etc.,  as  follows: 

Section  1.     Section  twenty-five  of  chapter  two  hundred  g.  l.  (Ter. 
and  sixty-two  of  the  General  Laws,  as  riiost  recently  amended  f  25,'eu;^,' 
by  chapter  one  hundred  and  forty-one  of  the  acts  of  nine-  =i'"e"dfi'i- 
teen  hundred  and  thirty-four,  is  hereby  further  amended  b}' 
striking  out,  in  the  third  line,  the  word  "six"  and  inserting 
in  place  thereof  the  word:  —  eight,  —  and  by  striking  out, 
in  the  fourth  line,  the  word  "five"  and  inserting  in  place 
thereof  the  word:  —  six,  —  so  as  to  read  as  follows:  —  Sec-  jurors' 
tion  25.    The  compensation  of  traverse  jurors  impanelled  to  f^^^-  «*<" 
trj'  cases  of  murder  in  the  first  degree  shall  be  eight  dollars, 
and  that  of  all  other  traverse  jurors  and  of  grand  jurors  six 
dollar?,  for  each  day's  service.     All  jurors  shall  receive  for 
each  day  of  actual  attendance  five  cents  a  mile  for  travel 
out  and  home,  but  not  for  such  time  as  the  jury  is  held 
under  restraint,  by  order  of  court,  at  the  expense  of  the 
county.    If  the  expense  of  a  juror  who  attends  court,  neces- 
sarily and  actually  incurred  for  transportation  out  and  home 
once  in  each  day,  exceeds  the  amount  of  the  said  allowance 
for  travel,  he  shall  be  allowed  the  amount  of  such  expense 
in  lieu  of  the  said  travel  allowance.     If  a  grand  or  traverse 


174 


AcT8,  1945. 


Chap.  237. 


Piffective 
date. 


juror  is  required  to  be  in  attendance  for  five  or  more  (con- 
secutive days  he  shall  receive  his  fees  not  later  than  the  end 
of  ever}'  hfth  day  of  such  attendance. 

Section  2.    This  act  shall  take  effect  on  the  first  Monday 
of  May  in  the  current  year.  Approved  April  ^4,  1940. 


Chav.2S7  An  Act  to  aid  in  computinc  the  len(;th  of  certain 

PERIODS    UNDER    THE    LAWS    RELATIVE    TO    PRIMARIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  second  paragraph  of  section  seven- 
teen A  of  chapter  fifty-three  of  the  General  Laws,  inserted 
by  chapter  three  hundred  and  ninetj^-seven  of  the  acts  of 
nineteen  hundred  and  thirty-eight,  is  hereby  amended  by 
striking  out,  in  the  first  fine,  the  words  "ten  days"  and  in- 
serting in  place  thereof  the  words :  —  the  tenth  day,  —  so  as 
to  read  as  follows :  — 

Said  convention  shall  be  held  not  later  than  the  tenth  day 
])rior  to  the  time  provided  for  the  filing  of  nomination  papers 
for  said  membership,  and  shall  be  held  in  the  ward  or  town 
within  the  senatorial  district  which  cast  the  highest  vote  at 
the  preceding  biennial  state  election  for  the  political  party 
candidate  for  governor. 

Section  2.  Section  twenty-one  of  said  chapter  fifty- 
three,  as  appearing  in  the  Tercentenaiy  Edition,  is  hereby 
amended  by  striking  out,  in  the  second  line,  the  words  "less 
than  sixty  days"  and  inserting  in  place  thereof  the  words: 

—  later  than  the  sixtieth  day,  —  so  as  to  read  as  follows:  — 
Section  21.  Applications  shall  be  filed  with  the  state  secre- 
tary not  later  than  the  sixtieth  day  before  the  election  at 
which  the  questions  are  to  be  submitted.  Not  more  than 
two  questions  under  section  nineteen  shall  be  placed  upon 
the  ballot  at  one  election,  and  they  shall  be  submitted  in  the 
order  in  which  the  applications  are  filed.  No  question  nega- 
tived and  no  question  substantially  the  same  shall  be  sub- 
mitted again  in  less  than  three  years. 

Section  3.  Section  thirty-eight  of  said  chapter  fifty- 
three,  as  most  recently  amended  by  section  fifteen  of  chap- 
ter three  hundred  and  thirty-four  of  the  acts  of  nineteen 
hundred  and  forty-three,  is  hereby  further  amended  by 
striking  out,  in  the  fifth  line,  the  words  "of  tliirty-one  daj'S 
prior  to  a  primary"  and  inserting  in  place  thereof  the  words: 

—  beginning  with  the  thirty-first  day  prior  to  a  primary  and 
endmg  witJi  the  day  prior  thereto,  —  so  as  to  read  as  fol- 
lows :  —  Section  S8.  No  voter  enrolled  under  this  or  the 
preceding  section  shall  be  allowed  to  receive  the  ballot  of 
any  poHtical  party  except  that  with  which  he  is  so  enrolled; 
but  a  voter  may,  except  within  a  period  beginning  with  the 
thirty-first  dny  prior  to  a  i^iijuary  and  etiding  with  the  day 
prior  thereto,  establish,  change  or  cancel  his  enrolment  by 
appearing  in  person  before  a  member  of  the  board  of  regis- 
trars of  voters  and  requesting  in  writing  to  have  his  enrol- 


G.  L.  (Ter. 
Ed.).  53, 
§  17A,  etc., 
nriieiided. 


Dale  for 

holding 

conventions. 


G.  L.  (Ter. 
Ed.).  53,  §  21, 
amended. 


Questions  of 
public  policy, 
filing  of 
applications. 


(;.  L.  {'IVr. 
Ed.),  53, 
§  38,  etc., 
amended. 


Time  uHfhin 
which  party 
enrolment 
may  be 
chang«d. 


Acts,  1945.  —  Chap.  238.  175 

men  I  established  with  a  party,  changed  to  another  party, 
or  cancelled,  and  such  enrolmeut,  change  or  cancellation 
shall  take  effect  at  the  expiration  of  thirty  days  thereafter. 
No  voter  enrolled  as  a  member  of  one  political  party  shall 
be  allowed  to  receive  the  ballot  of  any  other  political  party, 
upon  a  claim  by  him  of  erroneous  enrolment,  except  upon  a 
certificate  of  such  error  from  the  registrars,  which  shall  be 
presented  to  the  presiding  officer  of  the  primary  and  shall 
be  attached  to,  and  considered  a  part  of  the  voting  list  and 
returned  and  preserved  therewith;  but  the  political  party 
enrolment  of  a  voter  shall  not  preclude  him  from  receiving 
at  a  city  or  town  primary  the  ballot  of  any  municipal  party, 
though  in  no  one  primary  shall  lie  receive  more  than  one 
party  ballot. 

Section  4.    Section  fifty-seven  of  said  chapter  fifty-three,  o.  l.  n\r. 
as  amended  by  chapter  four  hundred  and  ten  of  the  acts  of  §''-,7,' ot!'.. 
nineteen  hundred  and  thirty-seven,  is  hereby  further  amended  '""emitii. 
by  striking  out,  in  the  third  line,  the  words  "less  than  thirty 
days"  and  inserting  in  place  thereof  the  words:  —  later  than 
the  thirtieth  daj'",  —  so  as  to  read  as  follows :  —  Section  57.  Notico  of 
Notices  of  intention  to  participate  in  primaries  shall  be  fur-  paA'^cipate" 
nished  to  the  city  or  town  clerk,  not  later  than  the  thirtieth  in  primaries. 
day  prior  to  the  day  on  which  the  primaries  are  to  be  held, 
by  the   city  and  town   committees  of  such   political   and 
municipal  parties  as  are  entitled  to  and  desire  to  participate 
therein.  Approved  April  21^,  1945. 


An   Act  relative   to   the   distributive   share   of  the  ('h(ip.2'4'S 

ESTATE  OF  A  DECEASED  PERSON  TO  WHICH  A  SURVIVING 
HUSBAND  OR  WIFE  IS  ENTITLED  WHERE  THERE  ARE  KIN- 
DRED   AND    NO    ISSUE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  one  hmidred  and  (j.  t,.  (icr. 
ninety  of  the  General  Laws,  as  appearing  in  the  Tercen-  ■iniende!t  ""  ' 
tenar>'  Edition,  is  hereby  amended  by  striking  out,  in  the 
eighth  line,  the  tenth  line,  the  twelfth  line  and  the  twenty- 
fifth  line  the  word  "five"  and  inserting  in  place  thereof,  in 
each  instance,  the  word:  —  ten,  —  so  that  paragraph  (1) 
will  read  as  follows :  — 

(1)  If  the  deceased  leaves  kindred  and  no  issue,  and  it  siian;  uf 
appears  on  determination  by  the  probate  court,  as  herein-  husband" 
after  provided,  that  the  whole  estate  does  not  exceed  ten  "■■  ^'f'' 
thousand  dollars  in  value,  the  surviving  husband  or  wife 
shall  take  the  whole  thereof;    otherwise  such  survivor  shall 
take  ten  thousand  dollars  and  one  half  of  the  remauiing 
personal  and  one  half  of  the  remaining  real  property.    If  the 
personal  property  is  insufficient  to  pay  said  ten  thousand 
dollars,  the  deficiency  shall,  upon  the  petition  of  any  party 
in  interest,  be  paid  from  the  sale  or  mortgage,  in  the  manner 
provided  for  the  payment  of  debts  or  legacies,  of  any  interest 
of  the  deceased  in  real  property  which  he  could  have  con- 


176  Acts,  1945.  —  Chap.  289. 

veyed  at  the  time  of  his  death;  and  the  surviving  husband 
or  wife  shall  be  permitted,  subject  to  the  approval  of  the 
court,  to  purchase  at  any  such  sale,  notwithstanding  the 
fact  that  he  or  she  is  the  administrator  of  the  estate  of  the 
deceased,  person.  A  further  sale  or  mortgage  of  any  real 
estate  of  the  deceased  may  later  be  made  to  provide  for  any 
deficiency  still  remaining.  Whenever  it  shall  appear,  upon 
petition  to  the  probate  court  of  any  party  in  interest,  and 
after  such  notice  as  the  court  shall  order,  and  after  a  hearing 
thereon,  that  the  whole  amount  of  the  estate  of  the  deceased, 
as  found  by  the  inventory  and  upon  such  other  evidence  as 
the  court  shall  deem  necessary,  does  not  exceed  the  sum  of 
ten  thousand  dollars  over  and  above  the  amount  necessary 
to  pay  the  debts  and  charges  of  administration,  the  court 
shall  itself  by  decree  determine  the  value  of  said  estate, 
which  decree  shall  be  binding  upon  all  parties.  If  additional 
property  is  later  discovered,  the  right  or  title  to  the  estate 
covered  by  such  decree  shall  not  be  affected  thereby,  but 
the  court  inay  make  such  further  orders  and  decrees  as  are 
necessary  to  effect  the  distribution  herein  provided  for. 
Effective  SECTION  2.     This  act  shall  apply  only  in  case  of  estates 

of  persons  dying  on  or  after  August  first  of  the  current  year. 

Approved  April  24,  1945. 


ChciV  239  ^^  ^^'^  RELATIVE  TO  THE  CONSENT  OF  PARENTS  AND  OTHERS 

TO    THE   ADOPTION    OF   CHILDREN. 

Be  it  enacted,  etc.,  as  follows: 

G.  L.  (Tf-r.  Section    three   of   chapter   two   hundred   and   ten    of   the 

is.etc^'         General  Laws,  as  amended  by  chapter  sixty-one  of  the  acts 
amended.  ^f  nineteen  hinidred  and  forty-one,  is  hereby  further  amended 

by  striking  out,  in  th(>  second  line,  the  words  "the  preceding 
section"  and  inserting  in  place  thereof  the  words :  — section 
two,  —  and  by  striking  out,  in   the  tenth  line,   the  word 
"and"   the  first  time   it  appears   therein   and  inserting  in 
place  thereof  the  word:  —  or,  —  so  as  to  read  as  follows:  — 
c:onseiit  of        Section  S.    The  consent  of  the  persons  named  in  section  two, 
m  certain''  '      Other  thaii  the  child  or  lier  husband,  if  any,  shall  not  be  re- 
cfsOT*'°"  quired  if  the  person  to  be  adopted  is  of  full  age,  nor  shall 

the  consent  of  any  sucli  person  other  than  the  child  be  re- 
quired if  such  person  is  adjudged  by  the  court  hearing  the 
petition  to  be  hopelessly  insane,  or  is  imprisoned  in  anj- 
jienal  institution  in  this  commonwealth  under  sentence  for 
ii  term  of  which  more  than  three  years  remain  unexpired 
at  the  date  of  the  petition;  or  if  he  has  wilfully  deserted  or 
neglected  to  provide  proper  care  and  maintenance  for  such 
child  for  one  year  last  preceding  the  date  of  the  petition;  or 
if  he  has  suffered  such  child  to  be  supported  for  more  than 
one  year  continuously  prior  to  the  petition  by  an  incorpo- 
rated charitable  institution  or  bj'  a  town  or  by  the  com- 
monwealth; or  if  he  has  been  sentenced  to  imprisonment  for 
(irunkenness  upon  a  third  conviction  within  one  year  and 


Acts,  1945.  —  Chap.  240.  177 

neglects  to  provide  proper  care  and  maintenance  tor  such 
child;  or  if  such  person  has  been  convicted  of  being  a.  com- 
mon night  walker  or  a  lewd,  wanton  and  lascivious  person, 
and  neglects  to  provide  proper  care  and  maintenance  for 
such  child.  A  giving  up  in  writing  of  a  child,  for  the  purpose 
of  adoption,  to  an  incorporated  charitable  institution  shall 
operate  as  a  consent  to  any  adoption  subsequent!}^  approved 
by  such  institution.  Notice  of  the  petition  shall  be  given 
to  the  department  of  public  welfare,  if  the  child  is  supported 
by  a  town  or  by  the  commonwealth,  and  if  the  child  is 
supported  by  a  town,  notice  shall  also  be  given  to  the  board 
of  public  welfare  thereof,  and  in  Boston  said  notice  shall  be 
given  both  to  the  overseers  of  the  public  welfare  in  the  city 
of  Boston  and  to  the  institutions  department. 

Approved  April  24,  1945. 


An  Act  making  records  relating  to  all  public  assist-  CJKijt.'lM) 

ANCE    confidential,    PROHIBITING    MISUSE    OF    SUCH    REC- 
ORDS  AND    CREATING   A    PENALTY    FOR    SUCH    MISTtse. 

He  it  enacted,  etc.,  as  follows: 

Section  1.     Section  seventeen  A  of  chapter  sixty-six  of  ^jV-^J*'''- 
the  General  Laws,  as  most  recently  amended  by  chapter  one  §'i7a.  etc., 
himdred  and  sixty-nine  of  the  acts  of  nineteen  hundred  and  '^™*'"''*'''- 
forty-three,  is  hereby  further  amended  by  striking  out,  in 
the  fourth  line,  the  words  "old  age  assistance  and  to  aid  to 
dependent  children"  and  inserting  in  place  thereof  the  words: 
—  all  public  assistance,  —  so  as  to  read  as  follows :  —  Section  inspection 
17 A.    The  records  of  the  department  of  public  welfare  and  reo'^dr" 
of  the  several  city  and  town  welfare  departments  and  bu-  'pstrictj.i. 
reaus  of  old  age  assistance  relative  to  all  public  assistance, 
and  the  records  of  the  department  of  education  relative  to 
aid  to  the  blind,  shall  be  public  records;  provided,  that  they 
shall  be  open  to  inspection  only  by  public  officials,  which 
term  shall  include  members  of  the  general  court  and  repre- 
sentatives of  the  federal  government,  foi-  purposes  directly 
connected  with  the  administration  of  such  public  assistance, 
or  with  the  prosecution  of  war,  and  provided,  further,  that 
information  relative  to  the  record  of  an  applicant  for  public 
assistance  or  a  recipient  thereof  may  be  disclosed  to  him  or 
his  duly  authorized  agent. 

Section  2.    Chapter  one  hundred  and  twenty-one  of  the  g.  l.  (Tcr. 
General  Laws  is  hereby  amended  by  striking  out  section  §  4a',  etc.'. 
four  A,  inserted  by  section  three  of  chapter  six  hundred  and  ^"lenfiwi 
thirty  of  the  acts  of  nineteen  hundred  and  forty-one,  and 
inserting  in  place  thereof  the  following  section:  —  Section  oida^e 
4A.    The  department  shall  have  power  to  establish  and  en-  records!'^*' 
force  reasonable  rules  and  regulations  governing  the  custody,  rlgutated"" 
use  and  preservation  of  the  records,  papers,  files  and  com- 
munications of  the  department  and  of  city  and  town  welfare 
departments  and  bureaus  of  old  age  assistance,  relating  to 
all  public  assistance.    No  other  department,  bureau  or  agency 


178 


Acts,  1945. —  Chap.  241. 


G.  L.  (Ter. 
Ed.),  271, 
I  43,  ptc, 

:iiMcll(lorl. 


Illegal  use 
of  certain 
records, 
penalty. 


of  the  commonwealth  or  of  any  pohtical  subdivision  thereof, 
which,  under  any  provi.sion  of  law,  is  furnished  with  the 
names  of  recipients  of  public  assistance,  shall  permit  the  pub- 
lication of  lists  of  such  names  or  make  use  thereof  for  pur- 
poses not  directly  connected  with  the  administration  of 
such  assistance. 

Section  8.  Section  forty-three  of  chapter  two  hundred 
and  seventy-one  of  the  General  Laws,  inserted  by  section 
four  of  said  chapter  six  hundred  and  thirty,  is  hereby  amended 
by  inserting  before  the  word  "old",  in  the  thirteenth  line,  the 
words:  —  general  public  assistance,  —  so  as  to  read  as  fol- 
lows:—  Section  4S-  Any  person  who,  except  for  purposes 
directly  connected  with  the  administration  of  general  public 
assistance,  old  age  assistance,  aid  to  the  blind,  or  aid  to  de- 
pendent children,  and  in  accordance  withthe  rules  and  regu- 
lations of  the  department  of  public  welfare  made  under 
authority  of  section  four  A  of  chapter  one  hundred  and 
twenty-one,  or  of  the  department  of  education  made  under 
authority  of  section  twenty-six  A  of  chapter  sixty-nine,  as 
the  case  may  be,  shall  solicit,  disclose,  receive,  make  use  of, 
or  authorize,  knowingly  permit,  participate  in,  or  acquiesce 
in  the  use  of,  any  list  of,  or  names  of,  or  any  information 
concerning,  persons  applying  for  or  receiving  general  public 
assistance,  old  age  assistance,  aid  to  dependent  children  or 
aid  to  tJie  blind,  directly  or  indirectly  derived  from  the  rec- 
ords, papers,  files  or  communications  of  the  department  of 
public  welfare,  any  city  or  town  welfare  department  or  bu- 
reau of  old  age  assistance,  or  the  department  of  education, 
as  the  case  maj^  be,  or  acquired  in  the  course  of  the  perform- 
ance of  official  duties,  shall  be  i)unished  by  a  fine  of  not 
more  than  one  hundred  dollars.    Approved  April  24,  1945. 


('hav.241  An  Act  authorizing  the  making  of  rules  and  regula- 
tions RELATIVE  TO  THE  ISSUE  AND  DISPLAY  OF  WINDSHIELD 
STICKERS,  SO  CALLED,  ON  MOTOR  VEHICLES,  AS  EVIDENCE 
OF  THEIR  BEING  PROPERLY  EQUIPPED,  AND  RELATIVE  TO 
THE  CONSTRUCTION  AND  EQUIPMENT  OF  SCHOOL  BUSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     C'hapter    ninety    of    the    General    Laws    is 
7ii,    hereby  amended  by  striking  out  section  seven  A,  as  most 
'"'•    recently  amended  by  section  two  of  chapter  two  hundred 
1       and  seventy-one  of  the  acts  of  nineteen  hundred  and  thirty- 
two,  and  section  seven  B,  inserted  by  section  three  of  said 
chapter   two   hundred   and   seventy-one,    and    inserting   in 
place   thereof   the   three   following   sections: — Section  7 A. 
The  registrar  shall  include  in  the  rules  and  regulations  pre- 
pared by  him  under  section  thirt5'--one,  rules  and  regulations 
providing  for  the  periodic  inspection  of  all  motor  vehicles 
and  trailers,  for  the  purpose  of  determining  whether  they 
are  provided  with  the  following  equipment  maintained  in 
good  order,  to  wit:    brakes,  lights,  horn,  muffler,  steering 


G.  L.  (Ter. 
Kd.),  90, 
§§  7A  and 
etc.,  anien( 
and  new 
§  7C, adde 


Periodic 
inspection 
of  motor 
vehicles. 


AOTs,  1945. —  Chap.  241.  179 

g:ear,  wiudsliiekl  cleaner  and  iimuber  plates,  and  also  rules 
and  regulations  in  respect  to  school  buses,  providing,  in 
addition  to  the  pei'iodic  inspections  hereinbefore  referred  to, 
for  the  inspection  of  those  not  subject  to  the  jurisdiction  of 
the  department  of  public  utilities,  during  the  first  week  of 
the  months  of  January,  March,  May,  September  and  Novem- 
ber in  each  year.  Such  rules  and  regulations  may  provide 
for  the  issuance  of  a  windshield  sticker,  so  called,  to  the 
owner  or  person  in  control  of  every  motor  veiiicle  so  inspected 
and  found  to  be  properly  equipped  and  for  the  display  of 
such  sticker  on  the  windshield  of  each  vehicle  so  inspected 
and  found  to  be  properly  equipped. 

Section  7B.  No  person  shall  operate  any  school  bus,  and  l^/t'" o^era"*'' 
the  owner  or  custodian  of  a  school  bus  shall  not  permit  the  tion  of  srhooi 
same  to  be  operated  upon  or  to  remain  upon  any  way,  imless  ""'*'''■ 
the  following  requirements  are  complied  with:  (1)  Tiie 
words  "SCHOOL  BUS"  shall  be  painted  on  the  front  and 
rear  of  each  such  vehicle  in  black  letters  of  not  less  than  six 
inches  in  height  and  in  strokes  of  not  less  than  three  quarters 
inch  in  width  on  a  white  or  yellow  background,  or  shall  be 
painted  upon  signs  attached  to  the  front  and  rear  of  each 
vehicle;  (2)  Each  school  bus  shall  contain  adequate  seating 
accommodations  for  each  passenger  transported  therein,  pro- 
vided that  any  such  bus  in  which  adequate  straps,  handles  or 
other  supports  are  available  for  standing  passengers  may 
carry  not  exceeding  twenty-five  per  cent  more  passengers 
than  those  for  whom  adequate  seating  accommodations  are 
provided;  (3)  All  doors  shall  be  kept  closed  while  the  bus 
is  in  motion;  (4)  Each  school  bus  shall  be  operated  by  a 
person  twenty-one  years  of  age  or  over  who  is  licensed  under 
this  chapter;  (5)  No  fueling  shall  take  place  while  any 
school  bus  is  occupied  by  passengers. 

Section  7C.     The  registrar,   after  a  public   hearing  and  s<-hooi  busos, 
with  the  approval  of  the  commissioner  and  associate  com-  construoti,,Ii 
missioners  of  public  works,  may  make,  alter,  rescind  or  add  "^' '"''  ■ 
to  rules  and  regulations  establishing  minimum  standards 
for  construction  and  equipment  of  school  buses.     A  viola- 
tion of  any  rule  or  regulation  made  under  this  section  shall 
be  punished  in  the  same  manner  as  a  violation  of  a  rule  or 
regulation  made  under  section  thirty-one. 

Section  2.     Section  six  of  chapter  sixteen  of  the  General  li^.l'  {jr'"''- 
Laws,  as  most  recently  amended  by  section  two  of  chapter  §'o',  et'',' 
three  hundred  and  ninety-three  of  the  acts  of  nineteen  htm-  ^"""•''•"' 
dred  and  thirty-nine,  is  hereby  further  amended  bj'  striking 
out,  in  the  second  line,  the  word  "section"  and  inserting  in 
place  thereof  the  words:  —  sections  seven  A  and,  —  so  as 
to  read  as  follows:  —  Section  6.     Except  as  otherwise  pro-  Rules  and 
vided  by  sections  seven  A  and  thirty-one  of  chapter  ninety  '■*'^"  "*'""'*• 
and  section  sixty  of  chapter  one  hundred  and  forty,  all  rules 
and  regulations  within  the  jurisdiction  of  the  department 
shall  be  drafted  by  the  commissioner  and  associate  com- 
missioners and  shall  take  effect  when  approved  by  them, 
and  at  such  time  as  they  shall  designate.     Said  commis- 


180 


Acts,  1945.  —  Chap.  242. 


Effectivp 
date. 


sioiier  and  associate  commissioners  shall  also  have  power  to 
make  all  needful  rules  and  regulations  for  carrying  out  the 
provisions  of  law  relating  to  the  department. 

Section  3.  The  provisions  of  this  act,  except  those  au- 
thorizing the  making  of  rules  and  regulations  relative  to 
windshield  stickers,  so  called,  and  the  making  of  rules  and 
regulations  establishing  minimum  standards  for  construction 
and  equipment  of  school  buses  and  except  the  provisions  of 
section  two,  shall  take  effect  when  the  rules  and  regulations 
establishing  such  mininmm  standards  become  effective;  pro- 
vided, that  the  provisions  of  chapter  ninety  of  the  General 
Laws  and  of  the  rules  and  regulations  prepared  under  section 
thirty-one  of  said  chapter  relative  to  the  construction  and 
equipment  of  school  buses  which  are  in  effect  immediately 
prior  to  the  date  when  rules  and  regulations  relative  to  such 
construction  and  equipment  established  under  authority  of 
this  act  become  effective  shall  continue  to  apply  in  respect 
to  school  buses  operated  as  such  pr^or  to  said  effective  date. 

Approved  April  24,  1945. 


G.  L.  (Ter. 
Ed.),  4. 
§  7,  etc, 
amended. 


"  Fiscal  yt 
defined. 


(Jhap.242  An  Act  .making  changes  in  the  laws  relative  to  state 

FINANCE  WHICH  HAVE  BECOME  NECESSARY  OR  ADVISABLE 
BY  REASON  OF  THE  AMENDMENT  TO  THE  CONSTITUTION 
PROVIDING  FOR  ANNUAL  SESSIONS  OF  THE  ({ENTERAL  COURT 
AND    FOR   AN   ANNUAL    BUDGET. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  seven  of  chapter  four  of  the  General 
Laws  is  hereby  amended  by  striking  out  clause  Ninth,  as 
most  recently  amended  by  section  one  of  chapter  five  hun- 
dred and  nine  of  the  acts  of  nineteen  himdred  and  forty-one, 
and  inserting  in  place  thereof  the  following  clause:  — 

Ninth,  "Fiscal  year",  when  used  with  reference  to  any  of 
the  offices,  departments,  boards,  commissions,  institutions 
or  undertakings  of  the  commonwealth,  except  the  metropoli- 
tan district  commission  and  the  metropolitan  district  water 
suppl}^  commission,  established  by  section  one  of  chapter 
three  hundred  and  seventy-five  of  the  acts  of  nineteen  hun- 
dred and  twenty-six,  shall  mean  the  year  beginning  with 
July  first  and  ending  with  the  following  June  thirtieth  and, 
when  used  with  reference  to  said  commissions,  shall  mean 
the  year  beginning  with  December  first  and  ending  with  the 
following  November  thirtieth. 

Section  2.  Section  one  of  chapter  twenty-nine  of  the 
General  Laws,  as  most  recently  amended  by  section  two  of 
said  cluipter  five  hundred  and  nine,  is  hereby  further  amended 
by  striking  out  the  paragraph  amended  by  said  section  two. 

Section  3.  Section  three  of  said  chapter  twenty-nine,  as 
amended  by  section  two  of  chapter  five  hundred  and  two  of 
the  acts  of  nineteen  hundred  and  thirty-nine,  is  hereby  fur- 
ther amended  by  striking  out,  in  the  fifth  line,  the  words 
"in  each  even-numbered  year"  and  inserting  in  place  thereof 


G.  L.  (Ter. 
Ed.),  29, 
§  1,  etc., 
iiiiiendfd. 


G.  L.  (Ter. 
Ed.),  29, 
§  3,  etc., 
amended. 


Acts,  1945.  —  Chap.  242.  181 

the  word:  —  amiually,  —  b}^  striking  out,  in  the  ninth  and 
tenth  hnes,  the  words  "each  of  the  two  next  ensuing  fiscal 
years"  and  inserting  in  place  thereof  the  words:  —  the  en- 
suing fiscal  year,  —  and  also  by  striking  out,  in  the  seven- 
teenth and  eighteenth  lines,  the  words  "each  of  the  next 
two  ensuing  fiscal  years"  and  inserting  in  place  thereof  the 
words :  —  the  ensuing  fiscal  year,  —  so  as  to  read  as  fol- 
lows: —  Section  3.  Ever}^  officer  having  charge  of  any  office,  Estimates 
department  or  undertaking  which  receives  a  periodic  appro-  rerfuTred^for 
priation  from  the  commonwealth,  including  periodic  appro-  maintenance 
priations  to  be  met  by  assessments,  shall,  annually,  on  or  departments, 
before  September  fifteenth,  submit  to  the  budget  commis-  ''*''■ 
sioner  statements  showing  in  detail  the  amounts  appropri- 
ated for  the  preceding  and  the  current  fiscal  years,  and  esti- 
mates of  the  amounts  required  for  ordinary  maintenance  for 
the  ensuing  fiscal  year,  with  an  explanation  of  any  increased 
appropriations  recommended,  and  with  citations  of  the  stat- 
utes relating  thereto,  and  statements  showing  in  detail  the 
revenue  of  the  ofiice,  department  or  undertaking  in  his 
charge  for  the  last  completed  fiscal  j^ear,  and  the  revenue 
and  estimated  revenue  thereof  for  the  current  fiscal  year, 
and  his  estimate  of  the  revenue  from  the  same  or  any  addi- 
tional sources  for  the  ensuing  fiscal  year,  with  his  recom- 
mendation as  to  any  changes  in  the  management,  practices, 
rules,  regulations  or  laws  governing  the  office,  department 
or  undertaking  in  his  charge  which  would  efTect  an  increase 
or  cause  a  decrease  in  revenue  from  operations,  fees,  taxes 
or  other  sources,  or  which  w^ould  facilitate  its  collection,  to- 
gether with  any  other  information  required  at  any  time  by 
the  budget  commissioner.  The  said  estimates  shall  not  in- 
clude any  estimate  for  any  new  or  special  purposes  or  objects 
not  authorized  by  statute. 

Section  4.     Section  four  of  said  chapter  twenty-nine,  as  g.  l.  (Ter. 
amended  by  section  three  of  said  chapter  five  hundred  and  ffc'^'amendt'd. 
two,  is  hei-eby  further  amended  by  striking  out,  in  the  sixth 
and  seventh  lines,  the  words  "the  preceding  section  shall, 
in  each  even-numbered  year"  and  inserting  in  place  thereof 
the  words:  —  section  three  shall,  annually, — -so  as  to  read 
as  follows:  —  Section  4-    Officers  and  heads  of  departments  Estimates 
who,  in  their  annual  reports  or  otherwise,  recommend  or  p°il^posM. 
petition  for  the  expenditure  of  money  by  the  commonwealth 
from  an}^  source  of  revenue,  including  expenditures  to  be  met 
by  assessments  or  the  issue  of  notes  or  bonds,  for  any  pur- 
pose not  covered  by  the  estimates  required  to  be  submitted 
under  section  three  shall,  annually,  on  or  before  September 
fifteenth,  submit  detailed  estimates  thereof  to  the  budget 
commissioner,  together  with  any  other  information  required 
by  him. 

Section  5.      Said    chapter    twenty-nine    is   hereby    fur-  g.  l.  (Ter. 
ther  amended  by  striking  out  section  five,  as  most  recently  ftc!!'am4nded. 
ainended  by  section  two  of  chapter  six  hundred  and  fifty- 
six  of  the  acts  of  nineteen  hundred  and  forty-one,  and  in- 
serting in  place  thereof  the  following  section :  —  Section  5.  ftatemLnts 


182  Acts,  1945.  —  Chap.  242. 

to  be  filed         (1)  The  comptroller  shall  annually,  on  or  before  August  fif- 
rom.uissiomr     teenth,  submit  to  the  budget  commissioner  statements  set- 
by  comptroiiei.  ^jj^g  f^j.^^-^  ^^le  following  facts  and  figures  for  all  state  pur- 
poses, except  those  of  the  metropolitan  district  commission, 
and  the  metropolitan  district  water  supply  commission  es- 
tablished b}'  section  one  of  cliapter  three  hundred  and  sev- 
enty-five of  the  acts  of  nineteen  hundred  and  twenty-six:  — 
(fl)  Tile  expenditures  for  llie  preceding  fiscal  year,  item- 
ized separately'  so  as  to  show  expenditures  made  from  grants 
from  the  United  States,  trust  funds  and  sources  other  than 
state  reveime. 

(b)  The  appropriations  for  the  precedhig  fiscal  3'ear. 

(c)  The  actual  revenue  for  the  three  preceding  fiscal  years, 
itemized  so  as  to  show  the  sources  from  which  received. 

(d)  The  condition  of  the  cash  on  hand,  itemized  separately 
so  as  to  show  cash  derived  from  special  revenue  not  avail- 
able for  general  state  purposes,  cash  held  to  meet  authori- 
zations and  obligations  previously  made  and  incurred,  and 
cash  which  is  unencumbered  and  available  for  appropriation. 

(e)  The  condition  of  the  state  debt. 

(/)  An  itemized  statement  showing  the  disposition  of  any 
funds  appropriated  to  meet  emergenc}'  or  unforeseen  con- 
ditions. 

(2)  The  statements  submitted  shall  also  set  forth  the  esti- 
mates for  the  current  and  ensuing  fiscal  years  of  all  expendi- 
tures for  payment  of  claims  and  all  other  expenditures  author- 
ized by  law  and  not  required  to  be  filed  under  section  three. 

(3)  The  comptroller  sliall  annually,  on  or  before  Decem- 
ber twenty-sixth,  submit  to  the  budget  connnissioner  the 
statements  required  by  paragraphs  (1)  (a)  to  (1)  (e),  inclu- 
sive, of  this  section,  relative  to  the  metropolitan  district 
commission  and  the  metropolitan  district  water  supply  com- 
mission. Wherever  in  any  of  said  paragraphs  information 
in  connection  with  either  of  said  commissions  is  requirtid  for 
a  fiscal  .year,  it  shall  be  given  for  the  fiscal  year  of  said  com- 
mission. The  comptroller  shall  also,  annually  on  or  before 
December  twenty-sixth,  submit  to  said  commissioner  the 
estimates  for  the  current  fiscal  year  of  said  commissions  of 
all  expenditures  for  payment  of  claims  and  all  other  expendi- 
tures of  said  commissions  authorized  by  law  and  not  required 
to  be  filed  under  section  three. 

(■;.  L  (icr.  Section  6.    Section  five  A  of  said  chapter  twenty-nine,  as 

ctc;!';umn.i'«'.L    uiost  recently  amended  by  section  five  of  chapter  five  hun- 
dred and  two  of  the  acts  of  nineteen  hundred  and  thirty- 
nine,  is  hereby  fiirther  amended  by  striking  out,  in  the  third 
line,  the  words  "in  each  even-mmibered  year"  and  inserting 
in  place  thereof  the  word: — annually,  —  so  as  to  read  as 
Annual  lure       follows : — Sectio'ii  5 A.     Eacli  department,  office  and  com- 
abie\nnua°'      uiissiou  respousible  for  any  great  amomit  of  physical  prop- 
TxpSm"".     <'i*ty  shall  annually  submit  with  its  budget  estimates  fore- 
casts of  probable  annual  construction  expenditures  for  such 
period  of  years  as  shall  be  appropriate  for  such  departinent, 
f)ffic(>  or  commission.    Sucli  forecasts  shall  be  itemized,  and 


Acts,  1945.  —  Chap.  242.  188 

items  shall  be  classified  for  each  year  under  one  of  three  fol- 
lowing classes:  "necessary",  "desirable"  or  "contingent". 
The  first  class  shall  include  work  that  is  a  part  of  a  fixed 
and  continuing  program  or  is  imavoidably  necessarv'.  The 
second  class  shall  include  items  of  work  advantageously  pro- 
vided for  at  that  time,  but  which  might  be  postponed  or 
possibly  advanced.  The  third  class  shall  include  work  de- 
pendent upon  some  other  developments  which  cannot  be 
definitely  predetermined.  Such  forecasts  may  be  modified 
from  time  to  time  to  conform  to  changing  conditions.  The 
budget  commissioner  may  from  tiine  to  time  fix  or  change 
the  form  of  the  forecasts,  the  classification  of  the  items  con- 
tained therein  or  the  period  of  years  to  be  covered  thereby. 

Section  7.  Said  chapter  twenty-nine  is  hereby  further  G.L.(Ter. 
lunended  by  striking  out  section  six,  as  most  recently  etc!, 'amended, 
amended  by  section  three  of  chaf)ter  six  hundred  nnd  fifty- 
six  of  the  acts  of  nineteen  hundred  and  forty-one,  and  in- 
serting in  place  thereof  the  following  section: — Section  6.  Budget. 
The  budget  commissioner  shall  study  and  review  all  esti- 
mates and  requests  for  appropriations  and  other  author- 
izations for  expenditures  of  state  funds  filed  with  him  as 
provided  by  sections  three  and  four,  and  shall  make  such 
investigations  as  will  enable  him  to  prepare  a  budget  for  the 
governor,  setting  forth  such  recommendations  as  the  gover- 
nor shall  determine  upon.  The  governor  may  call  upon  the 
comptroller  for  information  relative  to  finances  and  for  as- 
sistance in  the  preparation  of  the  budget.  The  budget  shall 
be  submitted  by  the  governor  to  the  general  court  annually 
within  three  weeks  after  the  general  court  convenes  in  regu- 
lar session,  and  it  shall  embody  all  estimates,  requests  and 
recommendations  for  appropriations  or  other  authorizations 
for  expenditures  by  the  commonwealth.  The  budget  shall 
be  classified  and  designated  so  as  to  show  separately  esti- 
mates and  recommendations  for:  (a)  expenses  of  adminis- 
tration, operation  and  maintenance;  (6)  deficiencies  or 
overdrafts  in  appropriations  of  former  years;  (c)  new  con- 
stiTiction,  additions,  improvements  and  other  capital  outlay; 
(d)  interest  on  the  public  debt  and  sinking  fund  and  serial 
bond  requirements;  and  (e)  all  requests  and  proposals  for 
expenditures  for  new  projects  and  other  undertakings;  and 
shall  include  in  detail  definite  reconnnendations  of  the  gov- 
ernor relative  to  the  amounts  which  should  be  appropriated 
therefor.  The  budget  shall  include  a  sum,  equal  at  least  to 
the  total  amount  received  by  the  division  of  fisheries  and 
game  of  the  department  of  conservation,  during  the  latest 
fiscal  yeai-  for  which  complete  data  are  available,  from  license 
and  other  fees  and  fines  under  the  laws  relating  to  game  and 
inland  fisheries,  and  also  a  sum  equal  to  one  half  of  the 
amount  necessary  for  payment  for  personal  services  and 
olher  expenses  for  or  on  account  of  the  enforcement  of  said 
laws;  and  said  stuns  shall  be  appropriated  for  the  general 
purposes  of  said  division  of  fisheries  and  game.  Tlie  budget 
shall  also  include  definite  recommendations  of  the  governor 


184 


Acts,  1945.  —  Chap.  242. 


G.  L.  ClVr. 
Ed.),  2!).  §  !tA, 
fXc,  juiioiidoil. 


Mef  ropulitaii 
district 
commission, 
budget. 


G.  L.  Ci'er. 
Ed.),  20,  §  10, 


eU: 


■ikIc.I. 


Coanniission 
njay  oontinur 
ftxponditurfts 
:it  rate  of 

pift-vdiiij;  yi-:i 


for  tiiuiiicLug  the  expenditures  recojumendf^d,  aud  the  rela^ 
tive  amoiuits  to  bo  raised  from  ordinary  revenue,  direct 
taxes  or  loans.  All  appropriations  based  upon  the  budget 
to  be  paid  from  taxes  or  revenue  shall  be  incorporated  in  a 
single  bill  to  be  designated  the  general  appropriation  bill. 
With  the  budget  the  governor  shall  submit  to  the  general 
court  such  messages,  statements  or  supplemental  data  rela- 
tive thereto  as  he  deems  expedient,  and  from  time  to  time 
during  the  session  of  the  general  court  he  maj^  submit  sup- 
plemental messages  on  reconnnendations  relative  to  appro- 
priations, revenues  and  loans. 

Section  8.  Section  nine  A  of  said  chapter  twentj'-nine. 
as  most  recently  amended  by  section  four  of  said  chapter 
six  hundred  and  fifty-six,  is  hereby  further  anu^nded  by 
striking  out,  in  the  third  and  fourth  lines,  th(^  words  "for 
the  first  fiscal  3''ear  of  its  biennium",  —  and  also  by  striking 
out  the  second  sentence,  —  so  as  to  read  as  follows:  —  Sec- 
tion 9A.  The  metropolitan  district  commission  shnll  include 
in  its  budget  estimates  for  each  of  the  functions  under  its 
control,  an  item  covering  tiie  amounts  contributed  by  the 
conunonwealth  as  pensions  under  sections  one  to  five  A, 
inchisive,  of  cJiapter  thirty-two  during  its  preceding  fiscal 
year  on  account  of  the  death  or  retirement  of  employees, 
officers  and  officials  formerly  employed  in  the  performance 
of  such  fuiM^tion,  including,  in  the  case  of  those  whose  serv- 
ices cannot  be  entirely  allocated  to  any  one  function,  those 
pai'is  of  such  amounts  properly  allocable  to  such  fvmction 
and  also  including  as  employed  in  the  performance  of  its 
water  function  those  employed  by  the  metropolitan  district 
water  supply  coinniission..  The  amount  of  such  item,  as 
api)ropriated  by  the  general  court,  shall  be  assessed  upon 
(h(>  proper  district  as  a  })art  of  the  cost  of  maintenance  of 
such  i'unction;  provided,  that,  in  the  case  of  employees, 
officers  and  officials  formerl}^  employed  in  tlie  performance 
of  its  boulevard  functions,  only  one  half  the  amounts  con- 
tiibuted  b}'  the  commonwealth  as  pensions  as  aforesaid 
shall  be  so  included  and  assessed.  After  an  appropriation 
lias  been  made  covering  each  such  item,  the  amount  thereof 
shall  be  approved  for  payment  by  the  metropolitan  district 
commission  as  a  part  of  the  cost  of  maintenance  of  the 
function  for  which  the  estimates  were  made  and  shall  be 
credited  to  the  general  revenue  of  the  commonwealth. 

Section  9.  Section  ten  of  said  chapter  twenty-nine,  as 
most  recently  amended  by  section  five  of  said  chapter  six 
hundred  and  fifty-six,  is  hereby  further  amended  by  striking 
out,  in  the  third  line,  the  words  "the  first  fiscal  year  of  its 
biennium"  and  inserting  in  place  thereof  tiie  words:  —  each 
fiscal  year,  —  and  also  by  striking  out,  in  the  fourth  line, 
the  word  "thereof",  —  so  as  to  read  as  ioWovJs:  —  Section 
W.  The  metropolitan  (Ustrict  conunission  may  continue  ex- 
penditures in  each  tLscal  \ear  at  the  rate  authorized  by  .up- 
propriations  for  the  preceding  fiscal  year,  until  the  general 
court  makes  an  appropriation  therefor  or  provides  otherwiiie. 


Acts,  1945. --Chap.  242.  185 

Section  10.     Section  eleven  of  said  chapter  iwe.Qty=riiiie,  «.  l.  a>r. 
;i.s  most  recently  arapnded  by  .section  sLx  of  snid  chapter  six  pf,;,  rop^iffi:' 
Ijundred  and  fifty-six,  is  hereby  repoalod. 

Sectiox  11.     Said  chapter  twentj^-nine  is  hereby  fwtlier  g.  l.  (Ter. 
amended  b.y  striking  out  section  twelve,  as  amended  by  etf!,'aineiiripd'. 
section  ten  of  chapter  five  hundred  and  two  of  tlie  acts  of 
nineteen   hundred   and   thirty-nine,   and   inserting  in   place 
thereof  the  following  section:  —  Section  12.     Unless  other-  Appioprhiiions 
wise  specifically  provided  therein,  ap|)ropriations  by  the  gen-  foi  'iis("ryV.ir. 
eral  court  for  ordinarj^  maintenance  of  the  several  offices, 
departments,  boards,  connnissions,  institutions  and  under- 
takings of  the  commonwealth  shall  be  made  for  the  fiscal 
year  established  for  them,  respectively,  by  clause  Ninth  of 
section  seven  of  chapter  four. 

Section  12.     Said  chapter  twenty-nine  is  h(ireby  further  ci.  l.  (T.-r. 
amended  by  striking  out  section  fourteen,  as  nmended  by  '^i''"^'  "*''  ^^V 
section  eleven  of  said  chapter  five  hundred  and  two,  and 
inserting  in   place   thereof  the  following  section :  —  ,S'ecf?'o/t  Appiiciition  of 
/4-     An  appropriation  for  any  purpose  other  than  ordinary  ro'suht"?  "'"" 
maintenance  shall  not  be  available  for  more  than  two  years 
after  the  effective  date  of  the  appropriation,  except  that 
payments  to  fulfill  contracts  and  other  obligations  entered 
into  within  the  said  two  j^ears  may  be  made  thereafter. 

Section  13.  Section  twenty-six  of  said  chapter  twenty-  q.  i..  (lei;. 
nine,  as  most  recently  amended  by  section  eight  of  ciiapter  H,'.;)'afnfiuk.Il'. 
six  hundred  and  fifty-six  of  the  acts  of  nineteen  hundred 
and  forty-one,  is  liereby  fiuther  amended  b}^  striking  out, 
in  the  eleventh  and  twelfth  lines,  the  words  "each  fiscal  year 
ending  in  an  even-numbered"  and  inserting  in  place  thereof 
the  words:  —  the  fiscal,- — so  as  to  read  as  follows:  —  Sec-  Expenses  not 
Hon  26.  Expenses  of  offices  and  departments  for  compen-  Ippr''opriifions. 
sation  of  officers,  members  and  employees  and  for  otiu;r 
]jurposes  shall  not  exceed  the  appropriations  made  therefor 
b\'  the  general  court.  No  obligation  incurred  by  any  officer 
01-  servant  of  the  conmionweaUh  for  any  piu'i)ose  in  excess 
of  the  appropriation  for  such  })ui'pose  for  the  office,  depart- 
ment or  institution  which  he  represents,  shall  impose  any 
liability  upon  the  connnon wealth.  If  expenditures  are  made 
in  excess  of  appropriations,  the  officer  having  charge  of  such 
<ixpenditures  shall,  within  fifteen  days  Ibllowing  the  close  of 
the  fiscal  year,  report  to  the  comptroller  the  details  thereof 
with  the  reasons  therefor,  and  he  shall  make  a  special  report 
of  the  same  to  the  general  court  earl}^  in  its  next  regular 
session. 

Section  14.     Said  chai)ter  twenty-nine  is  hereby  further  g.  r>.  (Ter.^ 
amended  by  striking  out  section   fifty,   as  most   recently  offVamfmiod. 
amended  by  section  ten  of  said  chapter  six  hundred  and 
fifty-six,  and  inserthig  in  place  thereof  the  following  section : 
—  Section  50.    The  state  treasurer  shall  annually  in  Decem-  Amount  to  be 
her  certify  to  the  budget  comriiissioner  the  amount  necessar\^  statellfx'" 
to  be  included  in  the  state  tax  for  the  fiscal  year  beginning  on 
July  first  following,  to  provide  for  serial  payments  of  any 
bonds  or  .scnp  of  tiie  connnonwealth,  and  each  such  amount 


186  Acts,  1945.  —  Chap.  243. 

shall  be  included  in  thp  state  tax  for  the  year  for  which  it  i/s 
so  certified. 
G.  L.  iTiir  Section  15.     Section  forty-two  of  chapter  one  hundred 

etc!, 'amended^'  and  thirty  of  the  General  Laws,  as  appearing  in  section 
one  of  chapter  five  hundred  and  ninety-eight  of  the  acts 
of  nineteen  hundred  and  forty-one,  is   liereb}^  amended  by 
striiving  out,  in  the  eighth  line,  the  word  "biennial",  —  so 
I'ropiiK.'itiou       that  the  last  sentence  will  read  as  follows: —  i'he  commis- 
,'ippropSon     sioner,   in   his   i)udgel    estimates,   filed   pursuant  to  section 
ie(i.ie,sts  for.      (Iireeof  chaptrr  twenty-nine,  shall  include  a  statement  of 
appropriation   or  appropriations  recommended  by  him  for 
the  purpose  of  carrying  this  section  into  effect. 
G  L.  (Tor.  Section  16.     Section    forty-three    of    said    chapter    one 

etc!, 'amended.'  hundred  and  tliirty,  as  so  appearing,  is  hereby  amended  by 
striking  out,  in  the  thirty-ninth  hue,  the  word  "biennial",  — 
s,Tn,.sui.jp.(  so  that  the  last  sentence  will  read  as  follows:  —  The  com- 
missioner in  his  budget  estimates,  filed  pursuant  to  section 
thcee  of  chapter  twenty-nine,  shall  include  a  statement  of 
appropriation  or  appropriations  recommended  by  him  for 
(he  purpose  of  carrying  this  section  into  effect. 

Approved  April  24,  1946. 


('Jl(ll). 24'S  ^^'  ^^'^  RELATIVE  TO  APPEALS  FROM  DECISIONS  MADE  IN  THE 
ADMINISTRATION  OF  THE  BriLDIVO  OKOINANCES  OF  THE 
CITY    OF   SPRINGFIELD. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  Chapter  three  himdred  and  forty-nine  of  the 
acts  of  nineteen  hundred  and  ten  is  hereby  amended  b}' 
striking  out  section  two  and  inserting  in  place  thereof  the 
following  section :  —  Section  2.  The  city  council  shall  as  a 
part  of  said  building  department  create  a  board  of  appeal, 
consisting  of  not  more  than  five  nor  less  than  three  members, 
to  be  appointed  by  the  mayor  and  confirmed  by  the  board  of 
aldermen.  The  city  council  may  prescribe  by  ordinance  the 
qualifications,  terms  of  office  and  compensation  of  the  mem- 
bers of  said  board.  No  member  of  such  board  of  appeal 
shall  act  in  a  case  in  which  he  has  a  personal  interest,  and 
when  a  member  is  so  dis(}ualified,  or  absent,  the  remaining 
members  shall  designate  a  substitute. 

Section  2.  (a)  A  person  whose  application  for  a  permit 
under  the  building  ordinances  of  the  city  of  Springfield  has 
been  refused  by  the  building  commissioner  of  said  city  may 
appeal  to  the  board  of  appeal  established  under  the  provi- 
sions of  chapter  three  hundred  and  forty-nine  of  the  acts  of 
nineteen  hundred  and  ten,  ;is  amended  by  section  one  of  this 
act,  within  thirty  days  after  receipt  of  written  notice  of 
such  refusal.  A  person  who  has  been  ordered  by  said  com- 
missioner to  incur  expense  may  so  appeal  within  tliirty  days 
from  the  date  of  such  order,  except  that,,  in  case  of  a  building 
or  structiu'e  which,  in  tlie  opinion  of  the  commissioner,  is 
unsafe  or  dangerous,  the  commissioner  may  in  his  order 
limit  the  time  tor  such  appeal  to  a  shorter  period.    A  person 


Acts,  1945.  —  Chap.  243.  187 

aggrieved  by  an  adverse  interpretation  of  the  building  ordi- 
nances of  said  city  and  a  disallowance  by  the  commissioner 
of  proposed  construction  thereunder  ma}'  so  appeal  from 
such  disallowance  witliin  tliirty  days  after  the  date  thereof. 
Appeals  hereunder  shall  be  on  forms  provided  by  said  com- 
missioner and  shall  be  accompanied  by  such  fee  as  may  be 
established  by  the  commissioner,  with  the  approval  of  the 
mayor.  The  said  commissioner  may  refer  without  fee  to 
the  said  board  of  appeal  for  its  decision  such  cases  as,  in  his 
oi)inion,  justice  requires. 

(6)  The  said  board  of  appeal,  when  so  appealed  to  and 
after  due  notice  and  a  hearing,  may  vary  the  application  of 
any  provision  of  the  said  building  ordinances  to  any  particu- 
lar case  where  in  its  opinion  the  enforcement  thereof  would 
do  manifest  injustice,  provided  that  the  decision  of  the  board 
shall  not  conliict  with  the  spirit  of  any  provision  of  said 
building  ordinances. 

(c)  Every  decision  of  said  board  shall  be  in  writing,  shall 
indicate  the  vote  of  each  member  upon  the  decision,  and  if 
it  is  to  vary  the  application  of  any  provision  of  said  building 
ordinance  or  modify  an  order  of  the  commissioner,  shall  re- 
quire the  unanimous  assent  of  the  board  if  composed  of 
four  or  less  than  four  members  and  the  assent  of  at  least 
four  members  if  the  board  is  composed  of  five  members. 
Every  decision  shall  be  promptly  filed  in  the  office  of  said 
commissioner,  and  shall  be  open  to  public  inspection;  a  cer- 
tified copy  shall  be  sent  by  mail  or  otherwise  to  the  appel- 
lant, and  a  copy  shall  be  kept  publicly  posted  in  the  office 
of  said  commissioner  for  two  weeks  after  filing. 

(d)  A  decision  of  said  board  to  vary  the  application  of 
any  provision  of  said  building  ordinances,  or  to  modify  an 
order  of  the  said  commissioner,  shall  specify  in  what  man- 
ner such  variation  or  modification  is  made,  the  conditions 
upon  which  it  is  made,  and  the  reasons  therefor. 

(e)  Said  board  shall  in  every  case  reach  a  decision  with- 
out unreasonable  or  unnecessary  delay. 

(/)  If  the  refusal,  order  or  disallowance  of  the  said  com- 
missioner is  reversed  or  modified,  or  the  application  of  any 
provision  of  said  building  ordinances  is  varied  b}'  a  decision 
of  said  board,  the  said  commissioner  shall  immediately  take 
action  in  accordance  with  such  decision;  but  no  decision  of 
said  board  shall  be  regarded  as  establishing  a  precedent  or 
be  held  to  amend  said  building  ordinances  or  the  said  com- 
missioner's interpretation  thereof. 

ig)  A  person  aggrieved  by  a  decision  of  said  board,  whether 
previously  a  party  to  the  proceeding  or  not,  or  a  municipal 
officer  or  board,  may,  within  fifteen  days  after  the  filing  of 
such  decision  in  the  office  of  said  commissioner,  bring  a  peti- 
tion in  the  supreme  judicial  court  or  the  superior  court  for 
the  county  of  Hampden  for  a  writ  of  certiorari  to  correct 
errors  of  law  in  such  decision,  and  the  provisions  of  section 
four  of  chapter  two  hundred  and  forty-nine  of  the  General 
Laws,  as  amended,  shall  apply  to  such  petition. 


188  Acts,  1945.  —  Chaps.  244,  245,  246. 

The  person  tiling  the  i^etition  shall  also  file  a  bond  with 
siiffitnenl,  surety,  to  be  approved  by  the  court,  for  such  sum 
as  shall  be  fixed  by  the  court,  to  indemnity  and  save  harmless 
the  person  or  persons  in  whose  favor  the  decision  was  ren- 
dered from  all  damages  and  costs  which  they  may  sustain 
in  case  the  decision  of  said  board  is  affirmed.  In  case  the 
decision  of  the  board  is  affirmed,  the  court,  on  motion,  shall 
assess  damages  and  execution  shall  issue  therefor. 

Approved  April  24,  1945. 

Chap.24:4:  An  Act  confirming  the  election  of  officers  and  other 

PROCEEDINGS  OF  A  MEETING  OF  THE  INHABITANTS  OF    THE 
TOWN    OF   SAVOY    IN    THE    CURRENT    YEAR. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  electioji  of  officers  and  other  proceed- 
ings at  a  meeting  of  the  inhabitants  of  the  town  of  Savoy 
held  on  February  nineteenth  in  the  current  year,  if  other- 
wise valid,  are  hereby  validated  and  confirmed,  notwith- 
standing that  the  annual  meeting  of  said  town  was  called 
for  February  fifth  in  said  year  and  adjourned  to  said  Febru- 
ary nineteenth,  and  said  meeting  is  hereby  declared  to  be  the 
annual  town  meeting  of  said  town  for  the  current  year. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 
"  Approved  April  25,  1945. 

C/iap. 245  An  Act  relative  to  the  compensation  of  assistant 
town  clerks  in  towns  of  u.nder  twenty  thousand 
inhabitants. 

Be  it  enacted,  etc.,  as  follows: 

^•I'lTer.  The  last  sent(Mice  of  section  nineteen  of  chapter  forty-oiu- 

ctcl.'.amciidcii'.  of  the  General  Laws,  as  most  recently  amended  by  chapter 
^'ixty-six  of  the  acts  of  nineteen  hundred  and  thirty-eight, 
is  hereby  further  amended  by  striking  out,  in  the  first  line, 
the  word  "No"  and  inserting  in  place  thereof  the  words:  — 
In  towns  of  imder  twenty  thousand  inhabitants  no,  —  so  as 
Assistant  lowii  to  read  as  follows: — In  towns  of  under  twenty  thousand 
pcnsation'of,  inhabitants  no  {)erson  appointed  as  assistant  clerk  shall  re- 
ceive any  salary  for  servicers  as  such  from  the  town,  but  his 
compensation,  if  any,  for  such  .services  shall  be  paid  by  the 
clerk,  to  whom  all  fees  received  by  the  assistant  shall  be 
paid.  Approved  April  25,  1945. 

Chap. 24:6  An  Act  phovidin(;  for  continuous  registration  of  vot- 
ers in  cities  and  in  certain  towns. 

Be  it  enacted,  etc..  as  follows: 

G  l.  (Ter.  Section   thirty-three  of  chapter  fifty-one  of  the  General 

amended.    ""    l^aws,  as  appearing  in  the  Tercentenary  Edition,  is  hereby 

amended  by  adding  at  the  end  the  following  paragraph:  — 
^^s^tra'ti'^  of        1^^  cities,  and  in  towns  of  over  ten  thousand  inhabitants, 


in  ('ertiiin 
towns. 


Acts,  1945.  —  Chaps.  247,  248.  189 

HUy  person  sliall  be  registered  as  aforesaid  during  regular  v''t..,s  u, 
business  hours  on  application  except  during  such  time  as  Inrl^n  fow„- 
registration  is  not  permitted  by  law. 

Approved  April  25,  1945. 


Ax  Act  relative  to  the  HOLDiNn  of  property  by  the  Cli(ip.247 

KORSYTH    DENTAL    INFIRMARY    FOR    CHILDREN,    AND    TO   THE 
NUMBER    OF   THE   TRUSTEES    OF    SAID    CORPORATION. 

Be  it  enacted,  etc.,  as  foUoios: 

Section  1.  Section  two  of  chapter  two  hundred  and 
ninety-four  of  the  acts  of  nineteen  hundred  and  ten,  as 
amended  bj'  section  three  of  chapter  one  hundred  and  ninety- 
two  of  the  Special  Acts  of  nineteen  hundred  and  sixteen,  is 
hereby  further  amended  by  striking  out,  in  the  last  hue,  the 
word  "four"  and  inserting  in  place  thereof  the  word:  —  six, 
—  so  as  to  read  as  follows :  —  Section  2.  Said  corporation 
may  receive  and  hold  for  tlie  purposes  of  said  corporation 
real  and  personal  estate  wliich  may  from  time  to  time  be 
given,  granted,  bequeathed  or  devised  to  it  and  accepted  by 
the  corporation.  Said  corporation  may  convey  and  turn 
over  any  propert}'  received  by  it  to  any  trust  company  in- 
corporated under  the  laws  of  the  commonwealth  upon  such 
trusts  for  its  benefit  as  tlie  corporation  may  declare  and 
determine,  and  any  such  trust  company  may  receive  and 
hold  in  trust  any  such  property  and  also  any  other  prop- 
erty, real  or  personal,  which  may  be  conveyed  to  it  by  will, 
trust  deed,  or  otherwise,  by  any  person  or  other  corporation 
for  the  benefit  of  said  corporation.  The  aggregate  value  of 
real  and  personal  property  so  held  by  said  corporation  and 
so  held  in  trust  for  its  benefit  shall  not  exceed  six  million 
dollars. 

Section  2.  Section  five  of  said  chapter  two  hundred  and 
ninety-four  is  hereby  amended  by  striking  out,  in  the  third 
line,  the  word  "ten"  and  inserting  in  place  thereof  the 
word: — twelve,  —  so  as  to  read  as  follows :  — 5ec/zon  5. 
Said  corporation  may  delegate  any  of  its  powers  to  a  board 
of  trustees,  consisting  of  not  less  than  five  nor  more  than 
twelve  members,  who  shall  be  elected  by  ballot  at  any  legal 
meeting  of  the  corporation.  Said  corporation  may  adopt 
such  by-laws,  create  such  offices,  elect  such  officers,  and 
otherwise  manage  the  affairs  thereof  in  such  manner  as  it 
sees  fit.  Approved  April  25,  1945. 


An  Act  relative  to  payment  of  allowances  for  travel  CJi(ip.24S 

AND  OTHER  EXPENSES  TO  MEMBERS  OF  THE  GENERAL 
COURT. 

Whereas,    I'he  deferred  operation  of  this  act  would  tend  Emergency 
to  defeat  its  purpose,  which  in  part  is  to  provide  foi-  pay-  '^^^'" 
Mient  of  allowances  for  travel  and  other  expenses  to  members 
(»f  the  general  court  iluring  tlie  ctu'ient  session,  in  addition 


190  Acts,  1945.  —  Chap.  248. 

fo  those  heretofore  authorized  b)^  law,  in  thai  the  payment 
of  a  substantial  part  of  such  allowances  of  such  nnembers 
would  be  unduly  deferred,  therefore  it.  is  hereby  declared 
to  be  an  emergency  law,  necessary  for  the  immediate  preser- 
vation of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

(i.  L.  rivr.  Section  1.    Chapter  three  of  the  General  Laws  is  hereby 

etc;!'am(*)ii'.ii,  aujcuded  by  striking  out  section  nine,  as  most  recently 
^('ido'."*  §  ■''^'  amended  by  section  one  of  chapter  thirtj^-eight  of  the  acts 
of  nineteen  hundred  and  forty-five,  and  inserting  in  place 
CDnipensatioii  thereof  th(;  following  two  sections:  —  Section  9.  Each  rnem- 
of  the^KomTiii  ber  of  the  general  court  shall  receive,  for  each  regular  animal 
court  session,  twenty-five  hundred  dollars.     The  president  of  the 

senate  and  the  speaker  of  the  house  of  representatives 
shall  each  receive  twenty-five  hundred  dollars  additional 
compensation.  Each  member  of  the  general  court  shall  be 
entitled  to  be  j)aid  his  compensation  for  such  regular  session 
at  the  rate  of  two  hundred  dollars  for  each  full  month  of  the 
session.  Such  payments  shall  be  made  to  him,  upon  his 
request,  on  the  last  legislative  day  in  which  the  general  court 
is  in  session  preceding  the  fifteenth  day  of  each  month  and 
on  the  day  preceding  the  last  legislative  day  of  each  month, 
and  shall  be  for  an  amount  not  exceeding  the  proportion 
then  due  at  the  aforesaid  rate;  provided,  that  the  state 
treasurer,  in  his  discretion,  ma}^,  during  such  regular  ses- 
sion, mak(»  additional  payments  on  accoimt,  in  excess  of 
such  monthly  rate,  to  axvy  member  making  written  request 
therefor,  but  the  amount  of  sucli  additional  payments  shall 
not  exceed,  in  the  aggregate,  three  hundred  dollars  in  any 
one  such  session,  or  eight  hundred  dollars  if  such  session 
continues  beyond  July  first,  and  in  no  event  shall  the  amount 
of  all  payments  under  this  section  during  such  session  to  any 
member  exceed,  in  the  aggregate,  the  compensation  of  such 
member  for  such  session. 
Allowances  for  Scction  9A.  Exccpt  as  otherwise  expressly  provided 
trave ,  .>tc.  herein,  each  member  of  the  general  court  shall  receive  for 
general  expenses  a  basic  allowance  of  ten  dollars  for  each 
week  of  the  regular  annual  session.  In  addition  to  such 
basic  allowance,  each  member  who  resides  not  more  than 
fifty  miles  from  the  place  of  sitting  of  the  general  court  shall 
receive  an  allowance  of  twenty- two  and  one  half  cents  for 
each  such  week  for  every  mile  of  ordinary  traveling  distance 
from  his  place  of  abode  to  the  place  of  sitting  of  the  general 
court,  and  returning  therefrom,  but  not  less  than  four  dol- 
lars and  fifty  cents  for  each  such  week,  and  each  member 
who  resides  more  than  fifty  miles  from  such  place  of  sitting 
shall  receive  an  allowance  of  four  and  one  half  cents  for 
each  such  week  for  every  mile  of  ordinary  traveling  distance 
from  his  place  of  abode  1o  the  place  of  such  sitting,  and 
returning  therefrom,  nnd  a  further  allowance  of  twenty  dol- 
lars for  each  such  week  for  hotel  and  living  expenses  or  extra 
travel.    If  no  formal  session  of  a  branch  of  the  general  couri^ 


Acts,  1945.  —  Chap.  24<S.  191 

is  held  ill  any  week,  the  presiding  officer  of  sunh  branch 
shall  certify  such  fact  to  the  state  treasurer  and  no  payment 
under  the  provisions  of  this  section  shall  he  made  for  such 
week  to  any  member  of  such  branch;  provided,  that,  if 
during  the  first  sixty  days  from  the  date  of  its  first  assembly 
the  general  court  is  in  recess  for  any  week  no  such  certifi- 
cate shall  be  required  and  no  payment  of  any  allowance  as 
provided  herein  shall  be  made  to  any  member.  Such  allow- 
ances for  any  month  shall  be  payable  on  the  day  preceding 
the  last  legislative  day  of  such  month,  as  certified  to  the 
state  treasurer  by  the  clerks  of  the  senate  and  house  of 
representatives,  respectively. 

Section  2.    Said  chapter  three  is  hereby  further  amended  g.  l.  (Ter. 
by  striking  out  section  ten,  as  amended  by  section  two  of  ^t'il'amlndej. 
said  chapter  thirty-eight,  and  inserting  in  place  thereof  the 
following  section:  —  Section  10.     Each  member  of  the  gen-  Coinpeusation 
cral  court  chosen  to  fill  a  vacancy,  or  who  resigns  his  seat  chosen" to  mi 
during  a  regular  annual  session,  shall  be  entitled  to  a  per  ^'•'*'"="""''^^'  «'<'• 
diem  compensation  for  the  time  of  his  membership  at  the 
I'ate  of  twenty-five  liundred  dollars  for  each  regular  annual 
session,  and  the  allowances  for  travel  and  other  expenses 
for  the  time  of  his  membership  as  provided  in  section  nine  A. 

Section  3.     Section  eighteen  of  chapter  twenty-nine  of  9- f-, (Ter. 
the  General  Law^s,  as  appearing  in  the  Tercentenary  Edi-  amemiVti.^  ^^' 
tion,  is  hereby  amended  by  striking  out  the  last  sentence 
and  inserting  in  place  thereof  the  following  sentence:  —  No  Comptroller's 
certificate  shall  be  required  from  the  comptroller  for  pay-  '"ertitieato. 
meiit  of  the  pay  rolls  of  the  members  of  the  council  and  gen- 
eral court,  or  for  the  traveling  and  other  expenses  of  mem- 
bers of  the  general  court  as  provided  in  section  nine  A  of 
chapter  three. 

Section  4.    Any  allowance  for  travel  or  mileage  received  Temporary 
by  any  member  of  the  gcnieral  court  before  the  effective  '"'"''"'"""^ 
date  of  this  act  shall  be  deduct (>d  from  an}-  sum  payable  to 
such  member  under  this  act. 

Section  5.    To  provide  for  payments  authorized  by  this  Appio,,riMii.,„s. 
act,  the  sums  herinnafter  set  forth  are  hereby  appropriated 
from  the  general  fund  or  revenue  of  the  commonwealth,  the 
same  to  be  in  addition  to  any  amounts  heretofore  appro- 
priated for  the  purpose: 

Item 

0101-02  For  expenses  of  senators,  including  travel,  for 
tlie  fiscal  year  ending  June  thirtieth,  nine- 
teen hundred  and  forty-five  $18,400  00 

Q 10 1-04  For  expenses  of  representatives,  including 
travel,  for  the  fiscal  year  ending  June  thir- 
tieth, nineteen  hundred  and  forty-five  .  .      110,100  00 

Approved  April  26,  1946. 


192  Acts,,  1945. —  Chaps.  249,  250. 

Chap. 249  An  Act  reviving  the  southern  Berkshire  marble  co. 

FOR    the     sole     purposes     OF    SELLING    AND     CONVEYING 

certain  real  estate  and  distributing  the  proceeds 
thereof. 

pr^ambi^^*^  Whereus,    The  deferred  operation  of  this  act  would  tend 

to  defeat  its  purpose,  which  is  to  revive  the  corporation 
therein  referred  to  for  tiie  purpose  of  making  an  innnedi- 
ate  sale  and  conveyance  of  certain  property,  therefore  it  is 
hereby  declared  to  be  an  emergency  law,  necessary  for  the 
immediate  preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Southern  Berkshire  Marble  Co.,  a  corporation  dissolved 
by  section  one  Of  chapter  one  hundred  and  nine  of  the 
Special  Acts  of  nineteen  hundred  and  eighteen,  is  hereby 
revived  for  the  sole  purposes  of  selling  and  conveying  title 
to  certain  real  estate  situated  in  the  town  of  Sheffield  and 
of  distributing  the  proceeds  of  said  sale  among  those  en- 
titled thereto.  Approved  April  25,  1945. 

Chap.250  An  Act  to  provide  for  the  summoning  of  witnesses  to 

APPEAR    AT    hearings    ON    APPLICATIONS    FOR    COMPLAINTS 
CHARGING    PERSONS    WITH    THE    COMMISSION    OF    CRIME. 

Be  it  enacted,  etc.,  as  follows: 
G.  L.  (Ter.  SECTION  1.    Scction  thirty-seven  of  chapter  two  hundred 

amended.'  '  '  '  and  eighteen  of  the  General  Laws,  as  appearing  in  the  Ter- 
centenary Edition,  is  hereby  amended  by  striking  out,  in 
the  fourth  line,  the  words  "the  preceding  section"  and  in- 
serting in  place  thereof  the  words:  —  section  thirty-six, — 
and  by  inserting  after  the  word  "cases",  in  the  fifth  line, 
the  words: — ,  and  at  all  hearings  upon  apphcations  for 
complaints  wherein  a  person  may  be  charged  with  the  coin- 
Process  for  mission  of  a  crime.  —  so  as  to  read  as  follows :  —  Section  37. 
defendants^n  District  courts,  justiccs,  special  justices,  clerks,  assistant 
'nveJilioMles  <-'lerks,  temporary  clerks  and  temporary  assistant  clerks 
thereof,  trial  justices,  and  justices  of  the  peace  designated 
and  commissioned  under  section  thirty-six,  m.ay  issue  sum- 
monses and  other  processes  for  witnesses  in  criminal  cases, 
and  at  all  hearings  upon  applications  for  complaints  wherein 
a  ])erson  may  be  charged  with  the  commission  of  a  crime, 
and  such  processes  and  likewise  warrants  and  other  processes 
in  such  cases,  issued  bj^  said  courts  or  persons,  may  be 
directed  to  a  court  officer  or  probation  officer  of  the  court 
issuing  the  process,  or  either  specifically  or  in  general  terms 
to  any  person  in  the  commonwealth  qualified  to  serve  crimi- 
nal process,  and  any  such  process  may  be  served  and  exe- 
cuted in  any  part  of  the  commonwealth  by  the  person  to 
whom  it  is  delivered  for  that  purpose.  This  section  shall 
apply  to  summonses,  warrants  and  other  processes  for  par- 
ties and  witnesses  in  cases  of  waj'^ward,  delinquent  or  neg- 
lected children. 


Acts,  1945.  —  Chaps.  251,  252.  193 

Section  2.    Chapter  two  hundred  and  thirty-thre(!  of  the  g.  l.  (Xer. 
General  Laws  is  hereby  amended  by  striking  out  section  one,  amende^cf.'  ^  ^' 
as  so  appearing,  and  inserting  in  place  thereof  the  follow- 
ing section:  —  Section  1.     A  clerk  of  a  court  of  record,  a  witnesses,  how 
notary  public  or  a  justice  of  the  peace  may  issue  summonses  '""""^^°*' 
for  witnesses  in  all  cases  pending  before  courts,  magistrates, 
auditors,  referees,  arbitrators  or  other  persons  authorized  to 
examine  witnesses,  and  at  all  hearings  upon  applications  for 
complaints  wherein  a  person  may  be  charged  with  the  com- 
mission of  a  crime;   but  a  notary  public  or  a  justice  of  the 
peace  shall  not  issue  summonses  for  witnesses  in  criminal 
cases  except  upon  request  of  the  attorney  general,  district 
attorney  or  other  person  who  acts  in  the  case  in  behalf  of 
the  commonwealth  or  of  the  defendant.    If  the  summons  is 
issued  at  the  request  of  the  defendant  that  fact  shall  be 
stated  therein.     The  summons  shall  be  in  the  form  hereto- 
fore adopted  and  commonly  used,  but  may  be  altered  from 
time  to  time  like  other  writs.       Approved  April  25,  1945. 


An  Act  authorizing  the  hunting  or  trapping  and  the  C hap. 2bl 

POSSESSION   OF  BEAVERS  DURING  A   PORTION   OF  THE   YEAR 
NINETEEN    HUNDRED    AND    FORTY-SIX. 

Be  it  enacted,  etc.,  as  follows: 

Notwithstanding  the  provisions  of  section  sixty-eight  of 
chapter  one  hundred  and  thirty-one  of  the  General  Laws, 
as  appearing  in  section  two  of  cliapter  five  hundred  and 
ninety-nine  of  the  acts  of  nineteen  hundred  and  forty-one, 
any  person  may,  during  the  month  of  February  in  the.  year 
nineteen  hundred  and  forty-six,  hunt  or  trap,  and  have  in 
possession,  not  more  than  six  beavers. 

Approved  April  25,  1945. 

An  Act  relative  to  the  contents  of  the  blue  book  Chap. 232 

EDITION    OF   THE   ACTS   AND   RESOLVES. 

Be  it  enacted,  etc.,  as  follows: 

Section  two  of  chapter  five  of  the  General  Laws  is  hereby  g.  l.  (Xer. 
amended  by  striking  out  paragraphs  (4)  and  (6),  as  respec-  ftt! 'amended. 
tively  amended  by  section  eight  of  chapter  five  hundred  and 
eight  of  the  acts  of  nineteen  hundred  and  thirty-nine,  and 
inserting  in  place  thereof  the  two  following  paragraphs :  — 

(4)  In  the  volume  of  the  j^ear  immediately  following  a  Certain  cou- 
state  election,  all  constitutional  amendments  and  proposed  Biue^Book!' 
laws  approved  by  the  people  at  said  election. 

(6)  In  the  volume  of  the  year  immediately  following  a 
state  election,  a  statement  showing  what  constitutional 
amendments,  proposed  laws  and  laws  were  submitted  to 
the  people  at  said  election,  with  the  aggregate  vote  on  each 
such  measure,  both  affirmative  and  negative,  arranged  in 
such  detail  as  the  state  secretary  may  determine. 

Approved  April  25,  1945. 


194 


Acts,  1945.  — Chaps.  253,  2:A,  255. 


Chap.25^  An  Act  relative  to  the  posting  of  additional  names 

ON    VOTING    LISTS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  fifty-one  of  the  General  Laws  is  hereby  amended 
by  striking  out  section  fifty-eight,  as  appearing  in  the  Ter- 
centenary Edition,  and  inserting  in  place  thereof  the  follow- 
ing secUon:  —  Section  58.  If  a  new  name  is  added  to  the 
annual  register  after  the  voting  lists  have  been  posted,  reg- 
istrars shall  cause  it  to  be  added  to  the  lists  posted  in  their 
principal  office.  If  a  city  or  town  shall  authorize  the  regis- 
trars to  publish  the  names  added  to  the  register,  they  may, 
instead  of  posting  them,  cause  all  additional  names  to  be 
printed  in  a  newspaper  published  in  the  city  or  town,  if  any, 
otherwise  in  a  newspaper  published  in  the  county. 

Approved  April  25,  19^5. 


G.  L.  (Ter. 
Ed.).  51.  §  58, 
iiinoiidod. 


Additional 
names  on 
voting  lists. 


Chap.254  An  Act  repealing  provisions  of  law  relative  to  the 

POSSESSION    OF    firearms    BY    ALIENS. 


G.  L.  (Tei 
Ed.),  140, 
§  129A. 

repealed. 


Be  it  enacted,  etc.,  as  follows: 

Section  one  hundred  and  twenty-nine  A  of  chapter  one 
hundred  and  forty  of  the  General  Laws  is  hereby  repealed; 
but  nothing  in  this  act  shall  be  construed  to  relieve  any 
])orson  subject  to  said  section,  as  formerlj'  in  force,  from  the 
ronspquences  of  any  act  done  in  violation  of  any  provision 
of  said  section,  as  formerly  in  force,  or  to  affect  any  prose- 
cution for  any  violation  of  said  section  pending  on  the 
effective  date  of  this  act.  Approved  April  25,  1945. 


CJiap.255  An  Act  relative  to  review  by  the  appellate  division 

OF  THE  superior  COURT  OF  CERTAIN  SENTENCES  TO  THE 

reformatory  for  women. 

Be  it  enacted,  etc.,  as  follows: 

Section  L  Chapter  two  hundred  and  seventy-eight  of 
the  General  Lsiws  is  hereby  amended  by  striking  out  section 
twenty-eight  A,  inserted  by  section  one  of  chapter  five 
hundred  and  fifty-eiglit  of  the  acts  of  nineteen  hundred  and 
forty-three,  and  inserting  in  place  thereof  the  following:  — 
Section  28 A.  There  shall  be  an  appellate  division  of  the 
superior  court  for  the  review  of  sentences  to  the  state  prison 
imposed  by  final  judgments  in  criminal  cases,  except  in  any 
case  in  which  a  different  sentence  could  not  have  been  im- 
posed, and  for  the  review  of  sentences  to  the  reformatory 
for  women  for  terms  of  more  than  five  years  imposed  by 
final  judgments  in  such  criminal  cases.  Said  appellate  divi- 
sion shall  consist  of  three  justices  of  the  superior  court  to 
be  designated  from  time  to  time  by  the  chief  justice  of  said 
court,  and  shall  sit  in  Boston  or  at  such  other  place  as  may 
be  designated  by  the  chief  justice,  and  at  such  times  as  he 


(i.  1,,  cr.T. 

Ed.),  27S, 
§  28A,  otc. 
aiiicndrd. 


Appt'llatr 
division  of 

Muporior  m 


Acts,  1945.  —  Chap.  255.  195 

shall  detei-mine.  No  justice  shall  sit  or  act  ou  an  appeal 
from  a  sentence  imposed  by  hini.  Two  justices  shall  con- 
stitute a  quorum  to  decide  all  matters  before  the  appellate 
division. 

A  designation  by  the  chief  justice  of  the  members  of  the 
;ippellate  division  shall  be  recorded  by  the  clerk  for  criminal 
business  in  Suffolk  county  who  shall  forthwith  send  copies 
thereof  to  the  several  clerks  of  the  superior  court. 

Section  2.  Section  twenty-eight  B  of  said  chapter  two  ^;, '- ^^g''"'- 
lumdred  and  seventy-eight,  as  so  inserted,  is  hereby  amended  §"28b.  etc., 
by  inserting  after  the  word  "prison"  ui  the  seventh  line '*'"«""'"'' 
the  words:  —  or  reformatorA-  for  women,  —  so  that  the  first 
paragraph  will  read  as  follows:  —  A  person  aggrieved  by  a  procedure 
sentence  which  may  be  reviewed  may  within  three  days  {'afc  di^sim!' 
after  the  date  of  the  imposition  thereof,  notwithstanding  any 
partial  execution  of  such  sentence,  file  with  the  clerk  a  re- 
quest for  leave  of  the  justice  who  imposed  the  sentence  to 
appeal  to  the  appellate  division  for  the  review  of  such  sen- 
tence. Upon  the  imposition  of  such  a  sentence  to  the  state 
prison  or  reformatory  for  women  the  clerk  of  the  court  shall 
notify  the  person  sentenced  of  his  right  to  request  such  leave. 
If  such  leave  to  appeal  is  not  granted  within  ten  days  after 
such  request,  the  person  sentenced  shall  forthwith  be  notified 
by  the  clerk  of  his  right  to  request  said  appellate  division 
within  ten  days  for  leave  to  appeal  for  the  review  of  such 
sentence.  The  justice  imposing  the  sentence  may  grant  such 
leave  at  any  time  before  the  request  to  the  appellate  divi- 
sion is  considered.  Whenever  leave  to  appeal  is  granted 
the  defendant  shall  be  notified  by  the  clerk,  and  the  appeal 
shall  be  filed  with  the  clerk  for  the  county  where  the  judg- 
ment was  rendered  within  ten  days  after  notice  that  leave  is 
granted.  -Said  division  may  for  cause  shown  consider  any 
late  request  for  leave  to  appeal  filed  within  one  month  from 
the  imposition  of  sentence  and  may  grant  such  leave.  A 
request  for  leave  to  appeal  or  an  appeal  shall  not  stay  the 
execution  of  a  sentence.  The  clerk  shall  forthwith  notify 
the  chief  justice,  the  justice  who  imposed  the  sentence  ap- 
pealed from  and  the  appellate  division  of  the  filing  of  such 
an  appeal.  Such  justice  may  transmit  to  the  appellate  divi- 
sion a  statement  of  his  reasons  for  imposing  the  sentence 
and  shall  make  such  a  statement  within  seven  days  if  re- 
(juested  to  do  so  b}'  the  appellate  division. 

Section  3.     Section  twenty-eight  C  of  said  chapter  two  g.l.  (Tor. 
hundred  and  seventy-eight,  as  so  inserted,  is  hereby  amended  f  28a  efr., 
by  inserting  after  the  word  "prison"  in  the  third  fine  the  '""e"d«^- 
words:  —  or    the    superintendent    of    the    reformatory    for 
women,  as  the  case  may  be,  —  so  as  to  read  as  follows:  — 
Section  28C.     If  an  appeal  is  dismissed,  the  clerk  for  the  Disraiswai  of 
county  where  the  judgment  was  rendered  shall  forthwith  *pp^*'^- 
notify  the  appellant  and  the  warden  of  the  state  prison  or 
the  superintendent  of  the  reformatory  for  v/omen,  as  the 
case  may  be.    If  the  judgment  is  amended  by  an  order  sub- 
stituting a  different  sentence  or  sentences,  or  disposition  of 


196 


Acts,  1945.  —  Chaps.  256,  257. 


Kflfeotivi'  dale. 


the  case,  the  court  sitting  in  any  convenient  county  shall 
resentence  the  defendant  or  make  any  other  disposition  of 
the  case  ordered  by  the  appellate  division.  Time  served  on 
a  sentence  appealed  from  shall  be  deemed  to  have  been 
served  on  a  substituted  sentence. 

Section  4.     This  act  shall  take  effect  on  September  lii-st 
in  the  current  year.  Approved  April  25,  1945. 


O.  L.  (Ter. 
Ed.).  148, 
§  .39A,  etc., 
amended. 


Permits  for 
displays  of 
fireworks. 


Chap.25Q  An  Act  relative  to  the  approval  of  competent  opera- 
tors  TO   HANDLE   DISPLAYS   OF   FIREWORKS. 

Be  it  enacted,  etc.,  as  follows: 

Section  thirty-nine  A  of  chapter  one  hundred  and  forty- 
eight  of  the  General  Laws,  inserted  by  section  two  of  chapter 
two  hundred  and  ninety-one  of  the  acts  of  nineteen  hundred 
and  forty-three,  is  hereby  amended  by  striking  out,  in  the 
eighth  line,  the  words  "chiefs  of  the  police  and  fire  depart- 
ments," and  inserting  in  place  thereof  the  words:  —  chief 
of  the  fire  department,  —  so  as  to  read  as  f ollows :  —  <Sec- 
tion  39 A.  The  marshal  shall  make  rules  and  regulations 
for  the  granting  of  permits  for  supervised  displays  of  fire- 
works by  municipalities,  fair  associations,  amusement  parks 
and  other  organizations  or  groups  of  individuals.  Such  rules 
nnd  regulations  shall  provide  in  part  that  (a)  every  such  dis- 
play shall  be  handled  by  a  competent  operator  to  be  approved 
by  the  chief  of  the  fire  department  or  officer  or  officers  having 
similar  powers  and  duties,  of  the  municipality  in  which  the 
display  is  to  be  held  and  shall  be  of  such  a  character,  and 
so  located,  discharged  or  fired  as,  in  the  opinion  of  the  chief 
of  the  fire  department  or  the  officer  or  officers  having  similar 
powers  and  duties,  after  proper  inspection,  not  to  be  hazard- 
ous to  property  or  to  endanger  any  person  or  persons,  (6) 
npplication  for  permits  shall  be  made  in  writing  at  least 
fifteen  days  in  advance  of  the  date  of  the  display,  and  (c)  no 
permit  so  granted  shall  be  transferable. 

Approved  April  26,  1945. 


Chap. 257  An  Act  acthorizino  a  corporation  known  as  trustees 

OF  THE  MINISTERIAL  FUND  OF  THE  AMHERST  NORTH  PAR- 
ISH TO  TRANSFER  THE  FUNDS  IN  ITS  CUSTODY  TO  THE 
NORTH    CONCRECATIONAL    CHURCH    OF    AMHERST. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  In  so  far  as  authoilzed  by  a  decree  of  a  court 
of  competent  jurisdiction,  and  in  compliance  with  the  terms 
and  conditions  of  such  decree,  the  corporation  known  as 
Trustees  of  the  Ministerial  Fund  of  Amherst  North  Parish 
may  convey  and  transfer,  and  the  corporation  known  as 
The  North  Congregational  Church  of  Amherst  may  receive 
from  said  tirst-mentioned  corporation  :i  convej^jmce  and 
transfer  of,  and  administer,  all  funds  and  other  property 
held  by  said  first-mentioned  corporation  under  authority  of 


Acts,  1945.  —  Chaps.  258,  259.  X97 

chapter  one  hundred  and  fifteen  of  the  acts  of  eighteen  hun- 
dred and  twenty-six,  as  amended,  or  under  any  other  legal 
authority;  provided,  that  said  The  North  Congregational 
Church  of  Amherst  shall  administer  all  funds  received  under 
authority  of  this  act  in  accordance  with  the  pertinent  pro- 
\isions  of  said  chapter  one  hundred  and  fifteen,  as  amended, 
and  the  provisions  of  the  aforesaid  decree. 

Skction  .2.  This  act  shall  not  take  full  effect  until  it  shall 
have  been  accepted  on  the  i)art  of  the  corporations  known 
as  Trustees  of  the  Ministerial  Fund  of  Amherst  North  Parish 
and  as  The  North  Congregational  Church  of  Amherst  by 
vote  of  the  boards  of  directors  thereof,  or  of  such  other 
officers  or  boards  thereof  as  may  be  legally  empowered  to 
take  such  action  in  tlieir  behalf,  and  a  certified  copy  of  each 
of  said  votes  shall  have  been  filed  with  the  clerk  of  the  town 
of  Amherst  and  with  the  state  secretary. 

Approved  April  25,  1945. 

An  Act  exempting  certain   persons   discharged   from  diar)  258 

THE  MILITARY  OR  NAVAL  SERVICE  OV  THE  UNITED  STATES 
FROM  THE  PAYMENT  OF  A  FEE  FOR  A  COMPETENCY  EXAMI- 
NATION TO  RENEW  A  LICENSE  TO  OPERATE  MOTOR  VEHI- 
CLES. 

lie  it  enacted,  etc.,  as  follows: 

Section  1.  No  fee  shall  be  charged  or  collected  for  an 
examination  for  the  renewal  of  a  license  to  operate  motor 
vehicles  which  expires  while  the  holder  thereof  is  serving  in 
the  mihtary  or  naval  forces  of  the  United  States  in  World 
War  11  if  application  for  such  renewal  is  made  b}'  such  holder 
within  six  months  after  the  termination  of  such  service, 
notwithstanding  the  requirements  of  section  thirty-three  of 
chapter  ninety  of  the  General  Laws. 

Section  2.  This  act  shall  take  effect  as  of  November 
first,  nineteen  hundred  and  forty-four. 

Approved  April  25,  1945. 


An  Act  authorizing  the  city  of  boston  to  make  neces- 
sary RENOVATIONS  IN  THE  SO-CALLED  HOUGHTON  AND 
DITTTON    BUILDING. 

lie  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  making  such  renovations 
and  improvements  in  the  so-called  Houghton. and  Button 
Building,  Boston,  as  may  be  necessary  to  make  quarters  in 
said  building  acceptable  for  renting  purposes  to  various  gov- 
ernment agencies,  the  city  of  Boston  may  borrow  from  time 
to  time  such  sums  as  may  be  necessary,  not  exceeding,  in 
the  aggregate,  three  hundred  thousand  dollars,  and  may 
issue  bonds  or  notes  therefor,  which  shall  bear  on  their  face 
the  words,  Board  of  Real  Estate  Commissioners  Renovation 
Loan,  Act  of  1945.     Fach  authorized  issue  shall  constitute 


Chap.259 


198  Acts,  1945.  —  Chap.  260. 

53  separate  loan,  and  such  loans  shall  be  paid  in  not  more 
than  five  years  from  their  date.  Indebtedness  incurred  un- 
der this  act  shall  be  within  the  statutory  limit,  but  shall, 
except  as  provided  herein,  be  subject  to  chapter  forty-four 
of  >the  General  Laws,  exclusive  of  the  limitation  contained  in 
the  first  paragraph  of  section  seven  thereof.  The  proceeds 
of  loans  issued  hereunder  shall  be  expended  by  the  board  of 
real  estate  commissioners  for  the  purposes  herein  stated. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  a  vote  of  the  city  council  of  said  city,  subject 
to  the  provisions  of  its  charter,  but  not  otherwise. 

Approved  April  26,  19^5. 


Cha'p.2Qi)  An   Act   making   appropriations   for   the   fiscal   year 

ENDING  JUNE  THIRTIETH,  NINETEEN  HUNDRED  AND  FORTY- 
FIVE,  TO  PROVIDE  FOR  SUPPLEMENTUSJG  CERTAIN  EXIST- 
ING APPROPRIATIONS,  AND  FOR  CERTAIN  NEW  ACTIVITIES 
AND    PROJECTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  To  provide  for  supplementing  certain  exist- 
ing appropriations,  and  for  certain  new  activities  and  pro- 
jects, the  sums  set  forth  in  section  two,  for  the  particular 
purposes  and  subject  to  the  conditions  stated  therein,  are 
hereby  appropriated  from  the  general  fund  or  ordinary  reve- 
nue of  the  commonwealth,  unless  some  other  source  of  reve- 
nue is  expressed,  subject  to  the  provisions  of  law  regulating 
the  disbursement  of  public  funds  and  the  approval  thereof, 
for  the  fiscal  year  ending  June  thirtieth,  nineteen  hundred 
and  forty-five,  in  said  section  two  referred  to  as  the  year 
nineteen  hundred  and  forty-five,  or  for  such  other  period  as 
may  be  specified;  this  act  being  enacted  in  advance  of  final 
action  on  the  general  appropriation  bill  for  the  next  fiscal 
year  pursuant  to  a  message  of  the  governor  dated  March 
twenty-fourth,  nineteen  hundred  and  forty-five. 

Section  2. 

Service  of  the  Legislntive  DeporlmeiiL. 
Item 

0101-04  For  compensation  for  travel  of  representatives 
for  the  year  nineteen  hundred  and  forty-five, 
to  be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose  $212  00 

0101-05  I'or  the  salaries  of  the  clerk  of  the  senate  and 
the  clerk  of  the  house  of  representatives,  to 
be  in  addition  to  any  amount  heretofore  ap- 
propriated for  the  purpose  .  1,500  00 

0101-06  For  the  salaries  of  the  assistant  clerk  of  the 
senate  and  the  assistant  clerk  of  the  house 
of  representatives,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the 
purpose  .  625  00 

0101-18  For  personal  services  of  the  counsel  to  the 
senate  and  assistants,  including  not  more 
than  four  permanent  positions,  to  be  in  ad- 
dition to  any  amount  heretofore  appropri- 
ated for  the  purpose  ....  1,362  50 


Acts,  1945.  —  Chap.  260.  199 

ft.eru 

0101-19  For  personal  services  of  tbe  counsel  to  the 
house  of  representative^!  and  assistants,  in- 
cluding not  more  than  seven  permanent 
positions,  to  be  in  addition  to  any  amount 
neretofore  appropriated  for  the  purpose  $1,500  00 

0102-01  l'(^r  traveling  and  such  other  expenses  of  the 
committees  of  the  present  general  court  as 
may  be  authorij;ed  by  order  of  either  branch 
of  the  general  court,  to  be  in  addition  to 
any  amount  heretoifore  appropriated  for 
the  purpose  .  8,823  91 

0102  04  I'or  expenses  in  connection  with  the  publica- 
tion of  the  bulletin  of  committee  hearings 
and  of  the  daily  list,  with  the  approval  of 
the  joint  committee  on  rules,  including  not 
more  than  two  permanent  positions  in  the 
year  nineteen  hundred  and  forty-five,  to  be 
in  addition  to  any  amount  heretofore  appro- 
priated for  the  purpose  5,600  00 

0102  13  For  the  purchase  of  outline  sketches  of  mem- 
bers of  the  senate  and  house  of  representa- 
tives, to  be  in  addition  to  anyv  amount  here- 
tofore appropriated  for  the  purpose  1,500  00 

0102-22  For  expenses  of  the  committee  on  conserva- 
tion in  connection  with  its  investigation 
relative  to  the  acquisition  by  the  United 
States  of  property  in  this  commonwealth 
for  the  establishment  of  migratory  bird  reser- 
vations, as  authorized  by  an  order  of  the 
general  court    ......  4,000  00 

Service  of  the  Organized  Militia. 

1)403-  IT)  To  cover  certain  small  claims  for  damages  to 
private  property  arising  from  military  ma- 
neuvers, to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose     .  fiOO  00 

Service  of  the  State  JAbrorij. 

0423  1)2  For  i)ersonal  services  of  the  regular  library 
assistants,  temporarj'^  clerical  assistance,  and 
for  services  for  cataloguing,  including  not 
more  than  twenty-two  permanent  position.s, 
to  be  in  addition  to  any  asnount  heretofore 
appropriated  for  the  purpose      .  .  .  1,995  00 

Service  of  the  I\f  asiiachusetts  Aeronautics  Commis-non. 

0442-01  For  personal  services  of  employees,  including 
not  more  than  three  permanent  positions, 
to  be  hi  addition  to  any  amount  heretofore 
appropriated  for  the  purpose  1,850  00 

Service  of  the  Secretary  of  tfie  Cominorm'ealth. 

0504-05  For  services  and  expenses  of  the  electoral  col- 
lege, to  be  in  addition  to  any  amount  here- 
tofore appropriated  for  the  purpose  250  00 

Service  of  the  Treasurer  and  Receiver-General. 

OfiOl-02  For  salaries  of  officers  and  employees  holding 
positions  established  by  law  and  additional 
clerical  and  other  assistance,  including  not 
more  than  thirty-eight  permanent  positions, 
to  be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose      .  .  3^,052  00 


200 


Acts,  1945.  —  Chap.  260. 


0601 


0.^  For  services  other  than  persoual,  traveUiig  ex- 
penses, office  supphes  and  equipment,  to  be 
in  addition  to  any  amount  heretofore  appro- 
priated for  the  purpose      .... 


$700  00 


Service  of  the  State  Knieryency  Fuhlic  Works  C'o//^//^^.s•.^"^o//. 

(MiOCi  01  I'or  personal  services  and  other  expenses  of 
the  state  emergency  public  works  commis- 
sion, including  not  more  than  si\  permanent 
positions,  to  be  in  addition  to  any  amount 
iieretofore  appropriated  for  the  purpose 


Service  of  the  Department  of  Agriculture. 
0908-01      (This  item  omitted.) 

Service  of  the  Department  of  i'onservntion. 

Division  of  Fisheries  and  (Same: 
1004-32  l''<^r  othei'  maintenance  expenses  of  game  farms 
and  fish  hatcheries,  and  for  the  propagation 
of  game  birds  and  animals  ami  food  fish,  to 
ije  in  addition  to' any  amovmt  heretofore  ap- 
propriated for  the  purpose 

Damages  by  wild  deer  and  wild  moose : 
1004-35  I'or  the  payment  of  damages  caused  bj^  wild 
deer  and  wild  moose,  for  the  year  nineteen 
hundred  and  forty-five  and  for  previous 
years,  as  provided  by  law,  to  be  in  addition 
to  any  amount  heretofore  appropriated  for 
the  purpose      ...... 

Bounty  on  seals: 
1004-91      I'or  bounties  on  seals,  to  be  in  addition  to  any 
amount  heretofore  appropriatefl  for  the  pur- 
pose        ....... 

Service  of  the  Deporlnienl  of  Kduailion. 

Administration: 
1301-02  lor  |)ersonal  services  of  oliicers,  agents,  clerks, 
stenographers  and  other  assistants,  includ- 
ing not  more  than  forty-nine  permanent 
positions,  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose 

ITniversity  E.xtension  Courses: 
1301-02     l"'or  other  expenses,  to  be  in  addition  to  an}- 
amount    heretofore    appropriated    for    the 
purpose  ....... 

Division  of  I'ublic  Libraries: 
1303-01  i'or  personal  services  of  regular  agents  and 
other  assistants,  including  not  more  than 
eight  permanent  positions,  to  be  in  addition 
to  any  amount  heretofore  appropi-jated  for 
the  purpose      ...... 

Division  of  the  Blind: 
1304-21      ('i'his  item  omitted.) 

Massachusetts  INlaritinie  Academy: 
1 306-01  For  personal  services  of  the  secretary  and  ollice 
assistants,  including  not  more  than  three 
permanent  positions,  to  be  in  addition  to 
any  amount  heretofore  appropriated^ for  the 
purpose  ....... 


7,100  00 


2,()0{)  00 


1,000  00 


KM)  00 


1,515  00 


5,000  00 


480  00 


25  00 


Acts,  1945.  —  Chap.  260.  201 

/tem 

1806-10  For  the  maintenance  of  the  academy  and  ship, 
in  eluding  not  more  than  thirty-two  permji- 
nent  positions,  to  be  in  addition  ixt  any 
amount  heretofore  appropriated  for  the 
purpose $i;i,000  00 

Service  of  llie  DeparlmeyU  of  Civil  Service  and  ]\'eyi}^tr<ili(>H. 

Board  of  Registration  of  Public  Accountants: 
1414-02  For  expenses  of  examinations,  including  the 
preparation  and  marking  of  papers,  and  for 
other  expenses,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the 
purpose  .......  500  00 

Service  of  the  Department  of  Labor  and  Industries. 

Massachusetts  Development  and  Industrial 
Commission: 
1603-02  For  administrative  expenses,  including  ofhce 
rent  and  other  incidental  expenses,  and  for 
the  promotion  and  development  of  the  in- 
dustrial, agricultural  and  recreational  re- 
sources of  the  commonwealth,  to  be  in  addi- 
tion to  any  amount  heretofore  appropriated 
for  the  purpose  .  10,000  00 

Service  of  the  Department  of  Correction. 

1803-22     I''(»r  the  purchase  and  installation  of  certain 

kitchen  equipment  at  the  state  prison  .  .  1 7,000  00 

Service  of  the  Department  of  Fvhlic  Welfare. 

Division  of  Juvenile  Training,  Trustees  of 
Massachusetts  Training  Schools: 
1908-50  F'or  the  cost  of  a  vocational  and  educational 
studj'  of  the  institutions  under  the  control 
of  the  trustees  of  the  Massachusetts  train- 
ing schools 5,000  00 

Service  (f  the  l)eparlmenl  of  I'uhlic  Works. 

2202  04  I'or  the  compensation  of  dumping  inspectors, 
to  be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose      .  .  500  00 

For  Expenses  on  .Account  of  the  Existing  War  Emergency. 

'I'he  appropriations  under  this  heading  are  -for  certain  agencies  and 
activities  made  necessary  by  the  present  war  emergencj-.  Expenditures 
under  these  items  shall  cease  not  later  than  sixty  days  after  the  gover- 
nor, with  the  advice  and  consent  of  the  council,  shall  have  proclaimed 
that  the  existing  emergency  has  ended.  No  part  of  these  appropria- 
tions shall  be  available  for  the  salaries  of  positions  on  a  permanent 
basis,  and  persons  whose  employment  is  created  b.y  reason  of  monej' 
herein  appropriated  shall  not  be  subject  to  civil  service  laws  or  the 
rules  and  regulations  made  thereunder,  but  their  employment  and 
salary  rates  shall  be  subject  to  the  rules  and  regulations  of  the  division 
of  personnel  and  standardization.  The  amounts  herein  appropriated 
are  to  be  in  addition  to  any  amounts  heretofore  authorized  for  tht  se 
purposes. 

.\djutant  General: 

3204-01      (This  item  omitted.) 

3204-03  For  personal  services  and  other  expenses  in 
connection  with  the  operation  of  the  war 
records  project,  so  called  ....         $0,600  00 


202 


Acts,  1945.  —  Chap.  261. 


Item 
3204^4 


For  personal  services  and  other  expenses  in 
connection  with  the  oi>eration  of  the  Massa- 
chusetts women's  defense  corps,  so  called    . 


*3,50()  00 


Emergency  Conservation  Director: 
3204-44     For  personal  services  and  other  expenses  2,500  00 

Seasonal  Farm  Labor  Committee: 
3204-45     For  personal  services  and  other  expenses  1,500  00 

Educational   Committee  on    Personal   and 
Religious  Liberties: 
3204-03     For  personal  services  and  other  expenses  500  (M) 

Veterans'    Rehabilitation   and   Re-employ- 
ment Committee: 
3204-04     For  personal  services  and  other  expensas         .  4,000  00 

Massachusetts  Committee  on  Recreation: 
3204-08     For  personal  services  and  other  expenses         .  (iOO  00 

Victory  Garden  Program: 
3204-69     For  certain  personal  services  and  other  ex- 
penses in  connection  with  the  operation  of 
the  victorj' garden  program,  so-called  .  2,000  00 

Reformatory  for  Women: 
3218-00     For  expenses  for  boarding  pris(jners  at  the 

Greenfield  jail 4,500  00 

3218-07     For  personal  services  for  boarding  prisoners  at 

the  Greenfield  jail     .  .  .  1,850  00 

The  unexpended  balances  of  amounts  heretofore  provided  from  the 
War  Emergency  Fund,  as  authorized  by  section  ten  of  chapter  three 
hundred  and  seventy  of  the  acts  of  nineteen  hundred  and  forty-three, 
are  hereby  made  available  for  expenditure  until  the  end  of  the  present 
fiscal  year. 

The  following  appropriation  is  made  from  the  Port  of  Boston  Fund: 

Semce  of  the  Department  of  Puhlic  Works. 
3132-1 4     For  personal  services  and  other  exp(Mises  of  the 
cost  of  operating  the  Logan  airport,  to  be  in 
addition  to  any  amount  heretofore  appro- 
priated for  the  purpose      .... 

Totals: 

General  Fund    ..... 
Port  of  Boston  Fund 


$15,000  00 


$124,340  41 
$15,000  00 


Section 


This  act  shall  take  effect  upon  its  passage. 
Approved  April  26,  194-5. 


Chap. 261  An  Act  relative  to  the  educational  requirements  for 

ADMISSION  TO  THE  BAR  OF  PERSONS  WHO  SERVED  IN  THE 
ARMED  FORCES  OF  THE  UNITED  STATES  DURING  WORLD 
WAR    II. 


G.  L.  (Ter. 
Ed.),  221,  new 
§  36A,  added. 

Educational 
requirement  H 
for  admisHion 
to  the  bar. 


Be  it  enacted,  etc.,  as  follows: 

Chapter  two  hundred  and  twenty-one  of  the  General 
Laws  is  hereby  amended  by  inserting  after  section  thirty- 
six,  as  amended,  the  following  section:  —  Section  36 A.  No 
rule  requiring  that  an  applicant  for  admission  to  the  bar 
shall  have  completed  any  college  work  shall  apply  to  any 
person  who  served  in  the  armed  forces  of  the  United  States 
during  World  War  II.  Approved  April  27,  194-0. 


Acts,  1945.  —  CnAr.  262.  2()3 


An   Act  rstablishtng  the  soirrn   sagamore   watrk    dis-  (jJmjjf  262 

TKICT   IN    THE    TOWK    OF    fiOURNE. 

Be  it  enacted,  etc.,  asfolloics: 

Section  1.  The  inhabitants  of  the  town  of  Bourne,  hable 
to  taxation  in  said  town  and  residing  within  the  territory 
comprised  within  the  following  boundary  hues,  to  wit:  — 
beginning  at  the  intersection  of  the  boundary  hue  between 
the  town  of  Bourne  and  the  town  of  Sandwich  with  the  Cape 
Cod  canal  and  running  westerly  by  the  Cape  Cod  canal  to 
a  point  three  thousand  feet  west  of  the  center  line  of  the 
Sagamore  bridge;  and  thence  turning  and  running  south 
(true  meridian)  from  the  mean  high  water  line  of  the  Cape 
Cod  canal  on  its  soutlieiiy  bank  a  distance  of  three  thou- 
sand feet;  and  thence  turning  and  running  east  (true  me- 
ridian) to  the  boundary  line  between  the  town  of  I^ourne 
and  the  town  of  Sandwich;  and  thence  turning  and  running 
northeasterly  by  the  boimdary  line  between  the  town  of 
Bourne  and  the  town  of  Sandwich  to  the  Cape  Cod  canal, 
the  point  of  beginning,  —  shall  constitute  a  water  district 
and  are  hereby  made  a  body  corporate  by  the  name  of  the 
South  Sagamore  water  district,  hereinafter  called  the  dis- 
trict, for  the  purpose  of  supplying  themselves  with  water  for 
the  extinguishment  of  fires  and  for  domestic  and  other  pur- 
poses, with  power  to  establish  fountains  and  hydrants  and 
to  relocate  and  discontinue  the  same,  to  regulate  the  use  of 
such  water  and  to  fix  and  collect  rates  to  be  paid  therefor, 
and  for  the  purposes  of  assessing  and  raising  taxes  as  pro- 
vided herein  for  the  payment  of  such  services,  and  for  de- 
fraying the  necessary  expenses  of  carrying  on  the  business 
of  said  district,  subject  to  all  general  laws  now  or  hereafter 
in  force  relating  to  such  districts,  except  as  otherwise  pro- 
vided herein.  The  district  shall  have  power  to  prosecute 
and  defend  all  actions  relating  to  its  property  and  affairs. 

Section  2.  For  the  purposes  aforesaid,  the  district,  act- 
ing by  and  through  its  board  of  water  commissioners  herein- 
after provided  for,  may  contract  with  any  municipality, 
acting  through  its  water  department,  or  with  any  water 
company,  or  with  any  water  district,  for  whatever  water 
may  be  required,  authority  to  furnish  the  same  being  hereby 
granted,  and  may  take  by  eminent  domain  under  chapter 
seventy-nine  or  chapter  eighty  A  of  the  General  Laws,  or 
acquire  by  lease,  purchase  or  otherwise,  and  hold,  the  waters, 
or  any  portion  thereof,  of  any  pond,  spring  or  stream,  or  of 
any  ground  sources  of  supply  by  means  of  driven,  artesian 
or  other  wells,  within  the  town  of  Bourne  not  already  ap- 
propriated for  the  purposes  of  a  public  supply,  and  the  water 
and  flowage  rights  connected  with  any  such  water  sources; 
and  for  said  puiijoses  may  take  as  aforesaid,  or  acquire  by 
purchase  or  otherwise,  and  hold,  all  lands,  rights  of  way  and 
other  easements  necessary  for  collecting,  storing,  holding, 
purifying  and  preserving  the  purity  of  the  water  and  for 


204  Acts,  1945. —  Chap.  262. 

conveying  the  same  to  any  part  of  said  district;  provided, 
that  no  source  of  water  supply  or  lands  necessary  for  pre- 
serving the  cjuality  of  tlu;  water  siiall  be  so  taken  or  used 
without  first  obtaining  the  advice  and  approval  of  the  de- 
partment of  pubhc  health,  and  that  the  location  and  arrange- 
ment of  all  dams,  reservoirs,  springs,  wells,  pumping,  puri- 
fication and  filtration  plants  ;uid  such  other  works  as  may 
be  necessary  in  (tarrying  out  the  provisions  of  this  act  shall 
be  subject  to  the  approval  of  said  department.  The  district 
may  construct  and  maintain  on  the  lands  acquired  and  held 
imder  this  act  proper  dams,  wells,  springs,  reservoirs,  stand- 
pipes,  tanks,  pmnping  plants,  buildings,  fixtures  and  other 
structures  including  also  the  establishment  and  maintenance 
of  filter  beds  and  purification  works  or  systems,  and  may 
make  excavations,  procure  and  operate  machinery  and  pro- 
vide such  other  means  and  appliances,  and  do  such  other 
things  as  may  be  necessary  for  the  establishment  and  main- 
tenance of  complete  and  effective  water  works;  and  for  that 
purpose  may  construct  pipe  lines,  wells  and  reservoirs  and 
establisli  pumping  works,  and  may  construct,  lay,  acquire 
;ind  maintain  aqueducts,  conduits,  pipes  and  other  works 
under  or  over  any  land,  water  courses,  railroads,  railways 
and  public  or  otlier  ways,  and  along  such  ways,  in  said 
town,  in  such  manner  as  not  urmecessarily  to  obstruct  the 
same;  and  for  the  purposes  of  constructing,  laying,  main- 
taining, operating  and  repairing  such  aqueducts,  conduits, 
pipes  and  other  works,  and  for  all  proper  purposes  of  this 
iict,  the  district  may  dig  up  or  I'aise  and  embank  any  such 
lands,  highways  or  other  ways  in  such  manner  as  to  cause 
the  least  hindrance  to  public  travel  on  sucli  ways;  provided, 
that  the  nuinner  in  which  all  things  are  done  upon  any  such 
way  shall  be  subject  to  the  direction  of  the  selectmen  of  the 
town  of  Bourne.  The  district  shall  not  enter  upon,  or  con- 
struct or  lay  any  conduit,  pipe  or  other  works  within,  the 
location  of  any  railroad  corporation  except  at  such  time  and 
in  such  manner  as  it  may  agree  upon  with  such  corporation, 
or,  in  case  of  failure  so  to  agree,  as  may  be  approved  by  the 
departnitjnt  of  public  utilities.  The  district  may  enter  upon 
any  lands  for  the  purpose  of  making  surveys,  test  wells  or 
l)its  and  borings,  and  may  take  or  otherwise  acquire  the 
right,  to  occupy  temporarily  any  lands  necessary  for  the  con- 
struction of  an}^  work  or  lor  any  other  purpose  authorized 
by  this  act. 

Section  3.  Any  person  sustaining  damages  in  his  prop- 
erty by  any  taking  under  this  act  or  any  other  thing  done 
under  authority  thereof  may  nscover  such  damages  from  the 
district  under  said  chapter  seventy-nine  or  said  chapter 
eighty  A;  but  the  right  to  damages  for  the  taking  of  any 
water,  water  right  or  water  source,  or  for  any  injury  thereto, 
shall  not  vest  until  water  is  actually  withdrawn  or  diverted 
under  authority  of  this  act. 

Section  4.  For  the  purpose  of  paying  the  necessary  ex- 
penses and   liiibilities  incurred   under  this  act,  other  than 


Acts,  1945. —  Chap.  262.  205 

expenses  of  uiamtejiance  and  operation,  the  district  may 
borrow  from  time  to  time  such  sums  as  may  be  necessary, 
not  exceeding,  in  the  aggregate,  one  hundred  thousand  dol= 
lars,  and  may  issue  bonds  or  notes  therefor,  which  shall 
bear  on  their  face  the  words,  South  »Sagamore  Water  Dis- 
trict Loan,  Act  of  1945.  Each  authorized  issue  shall  consti- 
tute a  separate  loan,  and  such  loans  shall  be  payable  in  not 
more  than  thirty  years  from  their  dates.  Indebtedness  in- 
curred under  this  act  shall  be  subject  to  the  provisions  of 
chapter  forty-four  of  the  General  Laws  pertaining  to  such 
districts. 

Section  5.  The  district  shall,  at  the  time  of  authorizing 
said  loan  or  loans,  provide  for  ihv.  payment  thereof  in  ac- 
cordance with  section  four  of  this  act :  and,  when  a  vote  to 
that  effect  has  been  passed,  a  sum  which,  with  the  income 
derived  from  water  rates,  will  be  sufficient  to  pay  the  annual 
expense  of  opcratiiig  its  water  works  and  th(»  interest  as  it 
accrues  on  the  bonds  or  notes  issued  as  aforesaid  by  the 
district,  and  to  make  such  payments  on  the  principal  as 
may  be  I'equired  under  this  act,  shall  without  fui'ther  vote 
be  assessed  u]")on  th(^  district  by  the  assessors  of  said  town 
of  Bourne  annually  thei-eafter  until  the  debt  incurred  by 
said  loan  or  loans  is  extiiiguished. 

Section  6.  Any  land  taken  or  acquir(^d  under  this  act 
shall  be  managed,  improved  and  controlled  by  the  board  of 
water  connnissioners  hereinafter  provided  for,  in  such  man- 
ner as  they  shall  deem  for  the  best  interest  of  the  district. 
All  authority  vested  in  said  board  by  this  section  shall  bo 
subject  to  section  nine. 

Section  7.  Whenever  a  tax  is  duly  voted  by  the  district 
for  tlie  purposes  of  this  act,  the  clerk  shall  send  a  certified 
copy  of  the  vote  to  thv.  assessors  of  said  town,  who  shall 
assess  the  same  on  property  within  the  district  in  the  same 
manner  in  all  respects  in  which  town  taxes  are  required  by 
law  to  be  assessed;  provided,  that  no  estate  shall  be  subject 
to  any  tax  assessed  on  account  of  the  system  of  water  sup- 
ply under  this  act  if,  in  the  judgment  of  the  board  of  water 
coimnissioners  hereinafter  provided  for,  after  a  hearing,  due 
notice  whereof  shall  have  been  given,  such  estate  is  so  situ- 
ated that  it  can  receive  no  aid  jn  the  extinguishment  of  fire 
from  the  said  system  of  water  supply,  or  if  such  estate  is 
so  situated  that  the  buildings  thereon,  or  the  buildings  that 
might  be  constructed  thereon,  could  not  be  supplied  with 
wat(^r  fj'om  said  systf.'in  in  any  ordinary  or  reasonable  man- 
ner: but  all  other  estates  in  the  district  shall  be  deemed  to 
be  benefited  and  shall  be  subject  to  such  tax.  A  certified 
hst  of  the  estates  exempt  from  taxation  under  the  provisions 
of  this  section  shall  annually  be  sent  by  said  board  of  water 
commissioners  to  said  assessors,  at  the  same  time  at  which 
the  clerk  shall  send  a  certified  copy  of  the  vote  as  aforesaid. 
The  assessment  sliall  be  coiuiiritted  to  tlie  town  collector, 
who  shall  collect  said  tax  in  {\if  maimer  provided  by  law 
for  the  collection  of  town  taxes,  and  shall  dtiposit  the  pro- 


2Q6  Acts,  1945.  -    Chap.  262. 

ceeds  thereof  with  the  district  treasurer  for  the  use  and 
benefit  of  the  district.  The  district  maj^  collect  interest  on 
overdue  taxes  in  the  manner  in  which  interest  is  authorized 
to  be  collected  on  town  taxes. 

Section  8.  Any  meeting  of  the  voters  of  the  territory 
included  within  the  boundaries  set  forth  in  section  one  to 
be  held  prior  to  the  acceptance  of  this  act,  and  any  meeting 
of  the  voters  of  the  district  to  be  held  prior  to  the  qualifica- 
tion of  a  majority  of  the  water  connnissioners,  shall  be  called, 
on  petition  of  ten  or  more  legal  voters  therein,  by  a  warrant 
from  the  selectmen  of  said  town,  or  from  a  justice  of  the 
peace,  directed  to  one  of  the  petitioners,  requiring  him  to 
give  notice  of  the  meeting  by  posting  copies  of  the  warrant 
in  two  or  more  public  places  in  the  district  seven  days  at 
least  before  the  time  of  the  meeting.  Such  justice  of  the 
peace,  or  one  of  the  selectmen,  shall  preside  at  such  meeting 
until  a  clerk  is  chosen  and  sworn,  and  the  clerk  shall  pre- 
side until  a  moderator  is  chosen.  At  any  meeting  lield  here- 
under prior  to  the  acceptance  of  this  act,  after  the  choice  of 
a  moderator  for  the  meeting  the  question  of  the  acceptance 
of  this  act  shall  be  submitted  to  the  voters,  and  if  it  is  ac- 
cepted by  a  majority  of  the  voters  present  and  voting  thereon 
it  shall  thereupon  take  effect,  and  the  meeting  may  then 
proceed  to  act  on  the  other  articles  in  the  warrant.  After 
the  qualification  of  a  majority  of  the  water  commissioners, 
meetings  of  the  district  shall  be  called  by  warrant  under 
their  hands,  unless  some  other  method  be  provided  by  by- 
law or  vote  of  the  district. 

Section  9.  The  district  shall,  after  the  acceptance  of 
this  act  as  aforesaid,  elect  by  ballot,  either  at  the  same  meet- 
ing at  which  this  act  shall  have  been  accepted,  or  thereafter, 
at  an  annual  meeting  or  at  a  special  meeting  called  for  the 
purpose,  three  persons,  inhabitants  of  and  voters  in  said 
district,  to  hold  office,  one  until  the  expiration  of  three  years, 
one  until  the  expiration  of  two  years,  and  one  until  the  ex- 
piration of  one  year,  from  the  day  of  the  next  succeeding 
annual  district  meeting,  to  constitute  a  board  of  water  com- 
missioners; and  at  every  annual  district  meeting  following 
such  next  succeeding  annual  district  meeting  one  such  com- 
missioner shall  be  elected  by  ballot  for  the  term  of  three 
years.  The  date  of  the  next  annual  meeting  shall  be  fixed 
by  by-law  or  by  vote  of  the  board  of  water  commissioners, 
but  in  no  event  shall  it  be  later  than  fifteen  months  subse- 
quent to  the  date  on  which  the  water  commissioners  were 
first  elected.  All  the  authority  granted  to  said  district  by 
this  act,  except  sections  four  and  five,  and  not  otherwise 
specifically  provided  for,  shall  be  vested  in  said  board  of 
water  commissioners,  who  shall  be  subject,  however,  to  such 
instructions,  rules  and  regulations  as  the  district  may  by 
vote  impose.  At  the  meeting  at  which  said  water  commis- 
sioners are  first  elected  and  at  each  annual  district  meeting 
held  thereafter,  tlie  district  shall  elect  by  ballot,  each  for  a 
term  of  one  year,  a  clerk  and  a  treasurer  of  the  district. 


Acts,  1945. —  Chap.  262.  207 

The  treasurer  shall  not  be  a  water  commissioner,  and  shall 
give  bond  to  the  district  in  such  an  amount  as  ma3'  be  ap- 
proved by  said  water  commissioners  and  with  a  surety  com- 
pany authorized  to  transact  business  in  the  commonwealth 
as  surety.  A  majority  of  said  water  commissioners  shall 
constitute  a  quorum  for  the  transaction  of  business.  Any 
vacancy  occurring  in  said  board  from  any  cause  may  be 
filled  for  the  remainder  of  the  unexpired  term  by  said  dis- 
trict at  any  legal  meeting  called  for  the  purpose.  No  money 
shall  be  drawn  from  the  treasury  of  the  district  on  account 
of  its  water  works  except  upon  a  written  order  of  said  water 
commissioners  or  a  majority  of  them. 

Section  10.  Said  board  of  water  commissioners  shall  fix 
just  and  equitable  prices  and  rates  for  the  use  of  water,  and 
sliall  prescribe  the  time  and  manner  of  payment.  The  in- 
come of  the  water  works  shall  be  appropriated  to  defray  all 
operating  expenses,  interest  charges  and  payments  on  the 
principal  as  they  shall  accrue  upon  an.y  bonds  or  notes  issued 
under  authority  of  this  act.  If  there  should  be  a  net  surplus 
remaining  after  providing  for  the  aforesaid  charges,  it  may 
be  appropriated  for  such  new  construction  as  said  water 
commissioners  may  recommend,  and  in  case  a  surplus  should 
remain  after  payment  for  such  new  construction  the  water 
rates  sliall  be  reduced  proportionately.  Said  water  commis- 
sioners shall  annually,  and  as  often  as  the  district  may  re- 
quire, render  a  report  upon  the  condition  of  the  works  un- 
der their  charge,  and  an  account  of  their  doings,  including  an 
account  of  receipts  and  expenditures. 

Section  11.  The  district  may  adopt  by-laws,  prescrib- 
ing b,y  whom  and  how  meetings  of  the  district  may  be  called, 
notified,  and  conducted;  and,  upon  the  application  of  ten 
or  more  legal  voters  in  the  district,  meetings  may  also  be 
called  by  warrant  as  pro^'ided  in  section  eight.  The  district 
may  also  establish  rules  and  regulations  for  the  manage- 
ment of  its  water  works,  not  inconsistent  with  this  act  or 
with  any  other  provision  of  law,  and  may  choose  such  other 
officers  not  provided  for  in  this  act  as  it  may  deem  necessary 
or  proper. 

Section  12.  Whoever  wilfully  or  wantonly  corrupts,  pol- 
lutes or  diverts  any  water  obtained  or  supplied  under  this 
act,  or  wilfully  or  wantonly  injures  anj'  reservoir,  well, 
standpipe,  aqueduct,  pipe  or  other  property  owned  or  used 
by  the  district  for  any  of  the  purposes  of  this  act,  shall  for- 
feit and  pay  to  the  district  three  times  the  amount  of  dam- 
ages assessed  therefor,  to  be  recovered  in  an  action  of  tort, 
and  upon  conviction  of  any  of  the  above  wilful  or  wanton 
acts  shall  be  punished  by  a  fine  of  not  more  than  three  hun- 
dred dollars  or  by  imprisonment  for  not  more  than  one  year, 
or  both. 

Section  13.  Upon  a  petition  in  writing  addressed  to  said 
board  of  water  commissioners  requesting  that  certain  real 
estate,  accurately  described  th.erein,  located  in  said  town 
and  al)utting  on  .said  district  and  not  otherwise  s<;n'ed  by  a 


208  Acts,  1945.  —  Chaps.  263,  264. 

public  water  supply  be  included  within  the  limits  thereof, 
and  signed  by  the  owners  of  such  real  estate,  or  a  major  por- 
tion of  such  real  estate,  said  water  commissioners  shall  cause 
a  duly  warned  meeting  of  the  district  to  be  called,  at  which 
meeting-  the  voters  may  vote  on  the  question  of  including 
said  real  estate  within  the  district.  If  a  majority  of  the 
voters  present  and  voting  thereon  vote  in  the  affirmative 
the  district  clerk  shall  within  ten  days  file  with  the  town 
clerk  of  said  town  and  with  the  state  secretary  an  attested 
copy  of  said  petition  and  vote;  and  thereupon  said  real 
estate  shall  become  and  be  part  of  the  district  and  shall  be 
holden  under  this  act  in  the  same  manner  and  to  the  same 
extent  as  the  real  estate  described  in  section  one. 

Section  14.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  a  majority  vote  of  the  voters  of  the  territory 
included  within  said  district  by  section  one  of  this  act  pres- 
ent and  voting  thereon,  by  the  use  of  a  check  list,  at  a  dis- 
trict meeting  called,  in  accordance  with  section  eight,  within 
four  years  after  its  passage.  Approved  May  2,  1945. 


Chap.2i5'S  An  Act  establishing  the  salaries  of  the  deputy  asses- 
sors OF  the  city  of  boston. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  Section  three  of  chapter  ninety-three  of  the 
Special  Acts  of  nineteen  hundred  and  eighteen,  as  most  re- 
cently amended  by  section  one  of  chapter  forty-nine  of  the 
acts  of  nineteen  hundred  and  twenty-nine,  is  hereby  further 
amended  by  striking  out,  in  the  seventh  line,  the  word 
"four"  and  inserting  in  place  thereof  the  word:  —  five, — 
so  as  to  read  as  follows:  —  Section  3.  The  mayor  shall  also 
appoint  for  an  indeterminate  term,  under  the  laws  and  rules 
governing  the  classified  civil  service  of  the  commonwealth, 
five  deputy  assessors  and  such  appointees  shall  hold  office  in 
accordance  with  such  laws  and  rules.  Appointments  to  fill 
vacancies  shall  be  made  in  like  manner.  Each  deputy  as- 
sessor shall  receive  an  annual  salary  of  five  thousand  five 
hundred  dollars  and  shall  perform  such  duties  as  the  board 
of  assessors  may  prescribe. 

Section  2.  This  act  shall  take  full  effect  upon  its  accept- 
ance during  the  current  year  by  vote  of  the  city  council  of 
the  city  of  Boston,  subject  to  the  provisions  of  its  charter, 
but  not  otherwise.  Approved  May  2,  1945. 


Chap.2()4:  An  Act  for  the  protection  of  striped  bass. 

Emereeno5-  Whereas,    The  deferred  operation  of  this  act  would  tend 

preambip,  ^q  defeat  its  purpose,  which  in  part  is  to  protect  striped  bass 

during  the  current  season;  therefore,  it  is  hereby  declared 
to  be  an  emergency  Inw,  necessary  for  the  imniedinte  preser- 
vation of  the  pubUc  convenience. 


Acts,  1945. -- Cijai'.  264.  209 

lie  it  enacted,  etc.,  as  follows: 

Section  1.    Section  one  hundred  of  chapter  one  hundred  g.  l.  (Xer. 
and  thirty  of  the  General  Laws,  as  appearing  in  section  one  §  ibo,  etc., 
of  chapter  five  hundred  and  ninety-eight  of  the  acts  of  nine-  amended. 
teen  hundred  and  forty-one,  is  hereby  amended  by  striking 
cmt,  in  tiie  sixth  and  seventh  hnes,  the  vvord.s  "  ;    striped 
bass,  sixteen  inches;    squiteague"   and   inserting  in   place 
thereof  the  following: —  ;    squeteaguc,  —  so  as  to  read  as 
follows:  —  Section  100,    No  person  shall  catch  or  take  from  Protection 
the  coastal  waters  any  of  the  following  fish  less  than,  the  J'liss'"""''' 
length  hereinafter  prescribed,  as  measured  from  the  tip  of  the 
head  to  the  inner  fork  of  the  tail,  or  sell,  offer  for  sale  or  have 
in  possession  any  such  fish  less  than  such  length;    pollock, 
twelve   inches;    mackerel,   six   inches;    squeteague,   twelve 
inches;     shad,    fourteen   inches;     Atlantic    salmon,    twelve 
inches;    provided,  that  any  person  fishing  in  a  lawful  man- 
ner who  unavoidably  catches  such  fish  less  than  such  length 
shall  not  be  deemed  to  have  violated  this  section  if  such  fish 
are  returned  immediately,  alive,  to  the  waters  from  which 
taken.     Whoever  violates  any  provision  of  this  section  shall 
be  punished  by  a  fine  of  not  less  than  five  nor  more  than 
twenty  dollars  and  imprisonment  for  thirty  days,  or  both. 

Section  2.     Said  chapter  one  hundred  and  thirty,  as  so  a.  l.  (Xer. 
appearing,  is  hereby  amended  by  inserting  after  section  one  jiVdoAaiiT" 
hundred  the  two  following  new  sections:  —  Section  100 A.  ioob, added.    ■ 
No  person  shall  sell,  offer  for  sale,  or  have  in  his  possession  ^;iie  of  striped 
any  striped  bass  measuring  less  than  sixteen  inches  from  the  '■^^'' ''''^" ''  " 
apex  of  the  fork  of  the  tail  to  the  farthest  extremity  of  the 
head.    Whoever  violates  this  section  shall  be  punished  by  a 
fine  of  not  less  than  ten  dollars  for  each  such  fish. 

Section  IOOB.  No  person  shall  take,  or  attempt  to  take,  xakingof 
with  or  by  the  use  of  a  net,  seine  or  any  other  contrivance  re^uialed'^*''' 
of  any  kind  or  description,  except  hook  and  fine,  any  striped 
bass  within  the  jurisdiction  of  the  commonwealth;  pro- 
vided, that  it  shall  not  be  a  violation  of  this  section  for  any 
person  to  take  striped  bass  by  means  of  such  seine,  net  or 
other  contrivance,  while  fishing  for  other  fish  for  the  catch- 
ing of  which  the  use  of  such  seine,  net  or  other  contrivance 
is  permitted,  if  such  striped  bass  is  immediatel}'  returned 
alive  to  the  waters  from  which  taken;  and  provided,  further, 
that  this  section  shall  not  affect  the  taking  of  striped  bass  by 
means  of  seines  under  authority  of  chapter  fifty-two  of  the 
acts  of  eighteen  hundred  and  ninety-one,  or  the  taking  of 
such  fish  in  fish  traps  authorized  under  authority'  of  section 
twenty-nine,  or  similar  provisions  of  law,  but  such  traps 
may  be  examined  b}^  the  director,  or  some  person  thereunto 
authorized  by  liim  in  writing,  and  if  it  appears,  after  such 
examination,  that  such  trap  is  constructed  or  operated  for 
the  primary  purpose  of  taking  striped  bass,  the  director, 
after  a  hearing,  may  in  writing  order  the  licensee  to  alter 
the  construction  or  operation  of  such  trap,  and  any  licensee 
who  fails  to  so  alter  such  trap  within  forty-eight  hours  after 
notice  therefor  has  been  received  shall  be  punished  by  a  fine 


210 


Acts,  1945.  —  Chaps.  26."),  260. 


<»f  not  less  than  one  hundred  dollars  for  each  day  or  pari, 
thereof  that  such  trap  remains  in  operation  contrary  to  such 
order,  \^'hoover  violates  any  provision  of  this  section  for 
which  no  other  penaltj'  is  provided  shall  be  punished  by  a 
fine  of  not  less  than  one  hundred  nor  more  than  five  hun- 
dred dollars.  Approved  May  3,  1945. 


(^7/a/>.265  An   Act   further   regulating   the   practice   of   archi- 
tecture. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  Chapter  one  hundred  and  twelve  of  the  Gen- 
eral Laws  is  hereby  amended  by  inserting  after  section 
si.xty  J,  inserted  by  section  two  of  chapter  six  hundred  and 
ninety-six  of  the  acts  of  nineteen  hundred  and  forty-one,  the 
three  following  sections:  —  Section  60K.  No  person  shall 
use  the  title  of  "registered  architect"  or  "architect"  unless 
he  is  registered  under  the  provisions  of  sections  sixty  A  to 
sixty  J,  inclusive,  except  that  a  person  may  use  the  title  of 
"landscape  architect"  without  being  so  registered. 

Section  60L.  Nothing  in  sections  sixty  A  to  sixty  K,  in- 
clusive, shall  be  construed  as  preventing  any  person  from 
making  plans  and  specifications  or  supervising  the  construc- 
tion of  any  building  if  he  does  not  represent  himself  as,  or 
use  the  title  of,  "registered  architect"  or  "architect". 

Section  60M .  Whoever  violates  any  provision  of  sections 
sixt}^  A  to  sixty  L,  inclusive,  shall  be  punished  by  a  fine  of 
not  more  than  one  hundred  dollars. 

Section  2.  Section  sixty  A  of  said  chapter  one  hundred 
and  twelve,  as  so  inserted,  is  hereby  amended  by  striking 
out,  in  the  second  line,  the  words  "sixty  J"  and  inserting  in 
place  thereof  the  words :  —  sixty  L,  —  so  that  the  prelimi- 
nary paragraph  will  read  as  follows :  — 

The  following  words  as  used  in  sections  sixty  A  to  sixty  L, 
inclusive,  unless  the  context  otherwise  requires,  shall  have 
the  following  meanings: —  Approved  Ma]j  3,  1945. 


C.  I,.  (Ter. 
Kit.),  112,  new 
§§  60K  to 
t'^M,  added. 


Use  of  terms 
"registered 
iirchiteot"  or 
"  :ir('Lif  eet " 
reKiilated. 


Certain 

activities 

permitted. 


Pennlty. 


G.  L.  (Ter. 
Ed.),  112. 
§  60A,  etc., 
amended. 


Definitions. 


C 7/ op. 266  An   Act  authorizing   the   city   of   waltham   to   lease 

certain  portions  of  prospect  hill  park  and  to  GRAN'r 

certain  easements. 

lie  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Waltham,  notwithstanding  any 
provisions  to  the  contrary  contained  in  the  statute  under 
authority  of  which  the  land  hereinafter  referred  to  was  taken 
by  eminent  domain  and  subject  to  the  provisions  of  this  act, 
may  lease  for  a  period  or  periods  not  exceeding  twenty  years, 
the  land,  or  any  part  thereof,  described  in  section  two  of  this 
act  and  located  within  Prospect  Hill  park,  so-called,  a  pub- 
Uc  park  in  said  city  held  for  park  purposes.  In  leasing 
said  land  the  said  city  shall  act  through  the  board  of  park 
commissioner  having  charge  of  said  park,  with  the  approval 


Acts,  1945.  —  Ckap.  267.  211 

of  the  city  council  and  mayor  of  said  city,  and  said  board 
may  with  like  approval  impose  such  terms  and  conditions 
as  it  ma}^  prescribe.  In  prescribing  terms  and  conditions, 
said  board  may  grant  easements  within  said  park  to  any 
lessee  under  this  act. 

Section  2.  The  land  referred  to  in  section  one  of  this 
act  is  bounded  and  described  as  follows : 

Beginning  at  a  point,  located  on  an  extension  of  the 
boundary  line  between  the  land  now  or  formerly  of  Ella  M. 
Smith  and  the  land  formerly  of  the  Benjamin  Worcester 
estate,  two  hundred  and  fifty  feet  northwesterly  from  the 
boundary  line  between  said  land  now  or  formerly  of  Ella  M. 
Smith  and  of  the  Benjamin  Worcester  estate  and  the  land 
formerly  of  the  heirs  of  N.  W.  Farwell  taken  by  the  city  of 
Waltham  July  third,  eighteen  hundred  and  ninety-three; 
thence  turning  at  a  right  angle  and  running  northeasterly 
one  hundred  feet;  thence  turning  at  a  right  angle  and  run- 
ning northwesterly  five  hundred  feet,  thence  turning  at  a 
right  angle  and  running  southwesterly  five  hundred  feet, 
thence  turning  at  a  right  angle  and  running  southeasterly 
five  hundred  feet,  thence  turning  at  a  right  angle  and  run- 
ning northeasterly  four  hundred  feet  to  the  point  of  begin- 
ning; said  parcel  of  land  being  a  portion  of  the  land  con- 
taining forty-nine  and  four  one  hundredths  acres  taken  by 
the  city  of  Waltham  July  third,  eighteen  hundred  and 
ninety-three.  Approved  May  3,  1945. 


An  Act  relative  to  notice  in  proceedings  concerning  C hap. 2G7 

TAX    titles    which    ARE    DEEMED    INVALID. 

lie  it  enacted,  etc.,  as  follows: 

Section  1.     Section  eighty-two  of  chapter  sixty  of  the  g-  l.  (Xer. 
General  Laws,  as  appearing  in  the  Tercentenary  Edition,  is  ameAded    "' 
hereby  amended  by  striking  out,  in  the  sixth  line,  the  words 
"owner  thereof"  and  inserting  in  place  thereof  the  words: 
—  holder  of  the  tax  title,  —  so  as  to  read  as  follows:  —  Sec-  Collector  to 
tion  82.     If  a  collector  has  reasonable  cause  to  believe  that  onitfedepiMo.i 
the  title  to  land  sold  for  non-payment  of  taxes  or  of  assess-  '"vaiui.  eic. 
inents,  a  lien  for  which  is  enforceable  by  a  sale  of  land,  is  in- 
valid by  reason  of  an  error,  omission  or  informality  in  the 
assessment  or  sale,  he  may,  within  two  years  after  the  date 
of  the  deed  of  such  land,  give  notice  to  the  record  holder  of 
the  tax  title,  requiring  him,  within  thirty  days  thereafter,  to 
release  any  interest  which  he  may  have  in  such  land  under 
said  deed,  and  to  receive  from  the  town  the  amount  paid 
tlierefor  with  interest  at  ten  per  cent  or  to  file  with  the  col- 
lector a  written  statement  that  he  refuses  to  release  such 
interest.     Such  statement,   if  recorded  in   the  registry  of 
deeds,  shall  release  the  town  from  any  liability  upon  the 
warranty  in  said  deed. 

Section  2.    Section  eighty-three  of  said  chapter  sixty,  as  g.  l.  (Ter. 
so  appearing,  is  hereby  amended  by  striking  out,  in  the  first  amended.  '  ' 


212 


Acts,  1945.  —  Chaps.  268,  269. 


To  record 
affidavit  of 
notice  if 
title  not 
released. 


line,  the  word  "owner"  and  inserting  in  place  thereof  the 
words:  —  holder  of  the  tax  title,  — so  as  to  read  as  follows: 
—  Section  83.  If,  within  thirty  days  after  such  notice,  such 
holder  of  the  tax  title  does  not  comply  therewith,  the  collec- 
tor shall  cause  a  copy  thereof,  with  an  affidavit  by  himself 
or  by  a  disinterested  person  of  the  service  thereof  and  of 
the  facts  in  the  case,  to  be  recorded  in  the  registry  of  deeds. 
A  note  of  reference  to  the  record  of  said  copy  shall  be  made 
on  the  margin  of  the  record  of  the  collector's  deed  therein 
referred  to;  and  from  the  time  of  such  record  the  interest 
payable  by  reason  of  a  breach  of  warranty  in  such  deed  shall 
cease,  and  all  right  and  title  acquired  under  such  deed  shall 
be  held  to  be  released.  The  collector  shall  give  notice  of 
such  proceedings  to  the  town  treasurer,  who  shall,  on  rea- 
sonable demand,  pay  over  out  of  any  funds  in  his  hands  the 
amount  due  in  respect  of  said  deed  to  the  person  entitled 
thereto.  Approved  May  3,  1945. 


Chap.2QS  An  Act  requiring  city  or  town  treasurers  to  notify 

THE  COLLECTORS  AND,  ON  REQUEST,  THE  ASSESSORS  OF 
ASSIGNMENTS,  REDEMPTIONS  AND  FORECLOSURES  OF  TAX 
TITLES    HELD    BY   THE    CITY    OR   TOWN. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  sixty  of  the  General  Laws  is  hereby  amended  by 
inserting  after  section  seventy-six  B,  inserted  by  section  six 
of  chapter  four  hundred  and  fifteen  of  the  acts  of  nineteen 
hundred  and  thirty-eight,  the  following  section:  —  Section 
76C.  Whenever  a  tax  title  held  by  a  town  shall  be  assigned, 
or  the  land  subject  to  a  tax  title  so  held  shall  be  redeemed 
or  the  right  of  redemption  thereunder  foreclosed,  the  treas- 
urer shall  forthwith  send  written  notice  of  the  assignment, 
redemption  or  foreclosure,  as  the  case  may  be,  to  the  col- 
lector and,  upon  their  request,  to  the  assessors. 

Approved  May  3,  1945. 


G.  L.  (Ter. 
Ed.),  60,  new 
§  76C,  added. 


Notice  of 
assignments, 
etc.,  of  tax 
titles  to  local 
officials. 


C/iap.269  An  Act  relative  to  the  issuance  of  permits  for  open 

AIR   FIRES. 


Emergency 
preamble. 


G.  L.  (Ter. 
Ed.).  48, 
§  13,  etc., 
amended. 

Setting,  etc., 
fires  in  open 
air  regulated. 


Whereas,  The  provisions  of  this  act  relate  to  certain 
restrictions  on  the  setting  of  fires  in  the  open  air  during 
the  months  of  April  and  May,  and  the  deferred  operation 
thereof  would  prevent  said  provisions  from  becoming  opera- 
tive in  the  current  year,  therefore  it  is  hereby  declared  to 
be  an  emergency  law,  necessary  for  the  immediate  preserva- 
tion of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  forty-eight  of  the  General  Laws  is  hereby  amended 
by  striking  out  section  thirteen,  as  most  recently  amended 
by  chapter  five  hundred  and  eighty-one  of  the  acts  of  nineteen 
hundred  and  forty-one,  and  inserting  in  place  thereof  the 
following  section :  —  Section  IS.    No  person  shall  set,  main- 


Acts,  1945.  —  Chap.  270.  213 

tain  or  increase  a  fire  in  the  open  air  at  any  time  except  by  Permits, 
permission,  covering  a  period  not  exceeding  five  days  from 
the  date  thereof,  granted  by  the  forest  warden  or  chief  of 
the  fire  department  in  cities  and  towns,  or,  in  cities  having 
such  an  official,  the  fire  commissioner;  provided,  that  if 
such  permission  is  not  in  writing  a  written  record  of  the 
granting  thereof,  setting  forth  the  date  upon  which  permis- 
sion was  granted,  the  dates  covered  by  such  permission,  the 
name  and  address  of  the  person  to  whom,  and  the  manner 
in  which,  such  permission  was  granted,  and  any  other  neces- 
sary information  relative  thereto,  shall  be  made  and  kept 
by  the  forest  warden,  chief  or  fire  commissioner,  as  the  case 
may  be,  and  shall  be  open  to  pubHc  inspection;  and  provided, 
further  that  persons  over  the  age  of  twenty-one  may,  without 
a  permit,  set,  maintain  or  increase  a  reasonable  fire  for  the 
purpose  of  cooking,  upon  sandy  or  gravelly  land  free  from 
living  or  dead  vegetation  or  upon  sandy  or  rocky  beaches 
bordering  on  tide  water,  if  the  fire  is  enclosed  within  rocks, 
metal  or  other  non-inflammable  material.  The  forest  warden, 
chief  or  fire  commissioner,  as  the  case  may  be,  may  make  it 
a  condition  for  granting  a  permit  that  any  burning  shall  be 
done  only  after  four  o'clock  (eastern  standard  time)  in  the 
afternoon  and  he  may  revoke  a  permit  at  any  time.  The 
forester  may  make  rules  and  regulations  relating  to  the 
granting  and  revocation  of  such  permits  binding  throughout 
the  commonwealth.  Such  rules  and  regulations  shall  take 
effect  subject  to  section  thirty-seven  of  chapter  thirty,  when 
approved  by  the  governor  and  council.  The  forest  wardens 
in  towns  and  officials  performing  the  duties  of  forest  wardens 
in  cities  shall  cause  pubUc  notice  to  be  given  of  the  provisions 
of  this  section  and  shall  enforce  the  same.  Whoever  violates 
any  provision  of  this  section  shall  be  punished  by  a  fine  of 
not  more  than  one  hundred  dollars  or  by  imprisonment  for 
not  more  than  one  month,  or  both.    ' 

Approved  May  7,  1945. 


An  Act  reviving   silver  shell-fish  co.   for  the  sole  Chap.270 

PURPOSE  OF  CONVEVINO  CERTAIN  PROPERTY. 

Whereas,   The  deferred  operation  of  this  act  would  delay  Emergency 
the  conveyance  of  certain  property  by  the  corporation  re-  P''«ambie. 
vived  thereby  and  it  is  essential  that  such  conveyance  be 
effected  as  soon  as  possible;   therefore  it  is  hereby  declared 
to  be  an  emergency  law,  necessary  for  the  immediate  preser- 
vation of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Silver  Shell-Fish  Co.,  a  corporation  dissolved  by  section 
one  of  chapter  three  hundred  and  ninety-nine  of  the  acts  of 
nineteen  hundred  and  thirty-nine,  is  hereby  revived  and 
continued  for  a  period  of  two  years  for  the  sole  purpose  of 
conveying  title  to  certain  real  propertj'^  situated  in  the  town 
of  Fairhaven  Approved  May  7,  1945. 


214 


Acts,  1945.  —  C^haps.  271,  272,  273. 


ChaV.27l  ^^  ^C'T  REPEALING  CERTAIN  OBSOLETE  PROVISIONS  OF 
LAW  RELATIVE  TO  RETURNS  OF  CERTAIN  EXEMPTED  PROP- 
ERTY. 

Be  it  enacted,  etc.,  as  follows: 

G.  L.  (Tor.  Section  eighty-five  of  chapter  fifty-nine  of  the  General 

fss.'i^'o.,  Laws,  as  amended  by  section  forty-eight  of  chapter  two 

repeaiod.'         hundred  and  fifty-four  of  the  acts  of  nineteen  hundred  and 
thirty-three,  is  hereby  repealed.       Ap-proved  May  7,  1945. 


Ch(ip.272  An  Act  penalizing  the  unauthorized  taking  of  cats, 

DOGS  OR  BIRDS  FOR  CERTAIN  PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  two  hundred  and  seventy-two  of  the  General 
Laws  is  hereby  amended  by  inserting  after  section  eighty  B, 
as  appearing  in  the  Tercentenary  Edition,  the  following 
section:—  Section  80C.  Whoever,  without  the  consent  of 
the  owner,  takes  a  cat,  dog  or  bird,  with  intent  to  exhibit  or 
cause  it  to  be  exhibited  or  to  subject  it  or  cause  it  to  be  sub- 
jected to  experimentation  or  mutilation  while  alive,  or  with 
intent  to  sell  it  or  cause  it  to  be  sold  for  the  purpose  of 
being  exhibited  or  subjected  to  experimentation  or  mutila- 
tion as  aforesaid,  shall  be  punished  by  a  fine  of  not  less  than 
one  hundred  dollars  nor  more  than  the  maximum  fine  per- 
mitted by  law  for  the  larceny  of  an  article  of  the  same  value 
as  such  cat,  dog  or  bird.  Approved  May  7,  1945. 


G.  L.  (Ter. 
Ed.),  272,  new 
§  80C,  added. 


Takins;  of 
rats,  dogs  or 
liird.M  for 
I'xhibitioii 
and  other 
purposes. 


Chap.27S  An  Act  authorizing   the   director   of  standards  and 
necessaries   of   life    IN    the    department   of   labor 

AND    industries    TO    PRESCRIBE    RULES    AND    REGULATIONS 
relative  to  CERTAIN  WEIGHING  AND  MEASURING  DEVICES. 

Be  it  enacted,  etc.,  as  foUoivs: 

Section  twenty-nine  of  chapter  ninety-eight  of  the  General 
Laws,  as  appearing  in  the  Tercentenary  Edition,  is  hereby 
amended  by  adding  at  the  end  the  following  paragraph :  — 

The  director  may  from  time  to  time  adopt,  and  may 
,k1  thereafter  amend  or  repeal,  and  shall  enforce,  all  such 
reasonable  rules  and  regulations,  and  orders  thereunder,  as 
may  be  necessary  or  suitable  in  relation  to  weighing  and 
measuring  devices,  and  the  use  thereof;  provided,  that  such 
rules  and  regulations  are  in  accordance  with  such  generally 
accepted  standards  of  engineering  practice  as  relate  to  such 
weighing  and  measuring  devices.  Any  person  aggrieved  by 
any  rule  or  regulation,  or  order  thereunder,  made  under 
authority  of  the  preceding  sentence  may  appeal  therefrom 
to  the  commissioner  of  labor  and  industries,  who,  after  due 
notice,  shall  hold  a  hearing  thereon  and  thereafter  render  a 
decision  upon  such  appeal;  and  any  person  aggrieved  by 
such  decision  may  appeal  therefrom  to  the  district  court 


G.  L.  (Ter. 
Ed.),  98,  § 
amended. 


Rules,  etc. 
relative  to 
weighing  a 
measuring 
devices. 


Acts,  1945. -- ('hap.  274.  216 

within  whose  judicial  district  such  person  resides  or  has  his 
usual  place  of  business,  and  the  decision  of  said  court  shall 
be  final.  Approved  May  7,  1946. 


An  Act  establishing  a  portion  of  the  boundary  line  rhny  274 

BETWEEN     THE     CITY     OF     CHICOPEE     AND     THE     CITY     OF  '   ' 

SPRINGFIELD. 

Be  it  enacted^  etc.,  as  follows: 

Section  1.  The  following  described  line  shall  hereafter 
be  in  part  the  boundary  hne  between  the  cities  of  Chicopee 
and  Springfield :  — 

Beginning  at  a  stone  monument  standing  on  the  easterly 
side  of  Plainfield  street,  said  monument  being  known  as 
Chicopee  Springfield  West  Springfield  witness  mark  in  lati- 
tude 42"  07'  30.68"  north  and  longitude  72°  37'  06.29" 
west,  as  published  in  nineteen  hundred  by  the  Massachusetts 
topographical  surve}^  in  the  town  boundary  atlas,  so  called, 
thence  running  northeasterl}^  in  a  straight  line  through  an 
unmarked  point,  hereinafter  referred  to  as  point  A,  in  the 
easterly  line  of  Robbins  road  nineteen  and  eleven  one- 
hundredths  (19.11)  feet  measured  northwesterly  in  the  said 
easterl}^  line  of  Robbins  road,  from  an  existing  granite 
monument  marked  C.  S.  standing  on  the  easterly  side  of 
Robbins  road. 

The  line  as  described  above  shall  be  extended  south- 
westerh'  in  the  same  course  from  the  first-mentioned  bound 
to  the  easterl}'  boundary  line  of  the  town  of  West  Spring- 
field in  the  channel  of  the  Connecticut  river;  the  line  as 
first  described  shall  be  extended  northeasterly  in  the  same 
course  from  point  A  in  the  easterly  line  of  Robbins  road  to 
tlie  thread  of  the  Chicopee  river,  the  thread  of  said  river 
being  the  boundary  line  between  Chicopee  and  Springfield 
as  defined  in  section  one  of  chapter  two  hundred  and  thirty- 
three  of  the  acts  of  eighteen  hundred  and  forty-eight. 

Section  2.  The  department  of  public  works  is  hereby 
authorized  and  directed  to  locate  and  define  the  boundary 
line  described  in  section  one  by  determining  the  X  and  Y 
(;o-ordinates,  referred  to  the  Massachusetts  State  Co-ordinate 
System,  Mainland  Zone,  of  the  granite  monument  located 
on  Plainfield  street,  of  point  A  on  the  easterly  line  of  Robbins 
road,  of  a  point  in  said  line  near  its  northeasterly  end  on  the 
shore  of  the  Chicopee  river  and  points  at  the  intersection 
of  said  line  where  it  intersects  a  side  line  on  each  existing 
public  way. 

A  tabulation  of  the  X  and  Y  co-ordinates  of  the  located 
points  on  the  said  line  shall  be  made  and  distributed  as 
follows:  —  one  copy  to  the  state  secretary,  one  copy  to  the 
city  engineer  of  the  city  of  Springfield,  one  copy  to  the  city 
engineer  of  Chicopee  and  one  copy  to  the  engineer  of  the 
land  court. 

3pcTion  3,     The  cost  of  carrying  out  the  provisions  of 


216  Acts,  1945.  —  Chaps.  275,  276. 

the  act  shall  in  the  first  instance  be  borne  by  said  depart- 
ment. On  certification  by  said  department  the  city  of 
Springfield  shall  reimburse  the  commonwealth  in  the  amount 
of  seventy-five  per  cent  of  the  total  cost  and  the  city  of 
Chicopee  in  the  amount  of  twenty-five  per  cent  thereof. 

Section  4.  This  act  shall  take  full  effect  upon  the  com- 
pletion of  the  location  of  said  boundary  line  by  the  depart- 
ment of  public  works  and  filing  of  said  tabulation  in  the 
office  of  the  state  secretary.  Approved  May  7,  1945. 

Cha]).275  An  Act  placing  under  the  civil  service  laws  the  of- 
fices OF  JANITORS  OF  SCHOOL  BUILDINGS  IN  THE  TOWN 
OF    EDGARTOWN. 

lie  it  enacted,  etc.,  as  follows: 

The  ofl&ces  of  janitors  of  school  buildings  in  the  town  of 
ICdgartown  shall,  upon  the  effective  date  of  this  act,  become 
subject  to  the  civil  service  laws,  and  the  rules  and  regulations 
made  thereunder,  and  the  tenure  of  office  of  any  subsequent 
incumbent  of  any  of  such  oflfices  shall  be  unlimited,  subject, 
however,  to  said  civil  service  laws.  The  incumbent  of  every 
such  office  on  said  effective  date  shall  be  subjected  to  a 
non-competitive  qualifying  examination  for  such  oflfice  by 
the  division  of  civil  service  of  the  department  of  civil  service 
and  registration.  If  such  an  incumbent  passes  said  examina- 
tion, he  shall  be  certified  for  said  office  and  shall  be  deemed 
to  be  permanently  appointed  thereto  Avithout  serving  any 
probationary  period,  and  his  tenure  of  office  shall  be  un- 
limited, subject,  however,  to  the  provisions  of  said  laws. 
If  such  an  incumbent  does  not  pass  such  non-competitive 
qualifying  examination,  he  may  continue  to  serve  in  said 
office,  but  shall  not  be  subject  to  the  provisions  of  said  laws. 

Approved  May  7,  1945. 


(^hap.276  An    Act   relative    to    dogs    and    other    domesticated 

ANIMALS  AND   CERTAIN    BIRDS. 

Be  it  enacted,  etc.,  as  follows: 

G.  L.  (Ter.  Section  1.    Chapter  two  hundred  and  seventy-two  of  the 

§'85A^Iddcd"  General  Laws  is  hereby  amended  b}^  inserting  after  section 
eighty-five,  as  appearing  in  the  Tercentenary  Edition,  the 
Harboring  or  followiug  scction :  —  Scctiou  85 A.  Whoever  wrongfully  kills, 
domes ticati-d  maims,  cnticcs  or  carries  away  a  dog  or  other  domesticated 
animals  and       animal  or  bird  shall  be  liable  in  tort  to  its  owner  for  tlu'ee 

certain  birds  .  .  .  .  i  c  j  i  i 

prohibited.  times  its  valuc.  Any  person  who  removes  from  the  dog 
of  another  its  license  tag,  collar  or  harness,  or  who,  without 
the  authorization  of  the  owner  or  keeper,  holds  or  harbors 
a  dog  or  other  domesticated  animal  of  another,  or  who  holds 
or  harbors  a  lost  or  strayed  dog  or  other  domesticated 
animal  for  more  than  forty-eight  hours  after  such  animal 
comes  into  his  possession  without  reportuig  or  taking  it  to 
the  police  station  or  dog  officer  nearest  to  the  place  where 


Acts,  1945.  —  Chap.  277.  217 

it  was  found  and  informing  the  police  officer  or  dog  officer 
in  charge  where  such  dog  or  other  animal  was  found,  the 
name,  color,  age,  size  and  pedigree,  as  fully  as  possible,  of 
such  animal  and  the  person's  own  name  and  address,  or 
who  shall  cause  a  dog  to  wear  an  imitation  or  counterfeit 
of  the  official  tag  prescribed  by  section  one  hundred  and 
(iiirty-seven,  one  hundred  and  thirty-seven  A  or  one  hun- 
dred and  thirty-seven  B  of  chapter  one  hundred  and  forty, 
shaD  be  punished  by  a  fine  of  not  more  than  one  hundred 
dollars. 

Section  2.      Section    one   hundred    and   seventy-five   of  o.  l.  (Tci. 
ciiapter  one  hundred  and  forty  of  the  General  Laws,  as  l^'j^V,  '"*"' 
amended,  is  hereby  repealed.  Approved  May  7,  1945.      ropoaiod. 


An  Act  establishing  the  dennis  water  district  in  the  Chap.277 

TOWN    OF    DENNIS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  inhabitants  of  the  town  of  Dennis,  liable 
to  taxation  in  said  town  and  residing  within  the  territory 
comprised  within  tlie  following  boundary  lines,  to  wit:  — 
l)eginning  at  the  intersection  of  the  boundary  line  between 
the  town  of  Dennis  and  the  town  of  Harwich  with  Nantucket 
sound  and  running  westerly  by  Nantucket  sound  to  the 
boundary  line  betw-een  the  town  of  Dennis  and  the  town  of 
Yarmouth,  located  in  Bass  river;  and  thence  northerly  by 
the  boundary  line  between  the  town  of  Dennis  and  the 
town  of  Yarmouth  to  Cape  Cod  bay;  and  thence  easterly 
b}^  Cape  Cod  bay  to  the  boundary  line  between  the  town  of 
Dennis  and  the  town  of  Brewster;  and  thence  turning  and 
running  westerly  and  south  by  the  boundary  line  between 
the  town  of  Dennis  and  the  town  of  Brewster  to  the  center 
line  of  Airline  road;  and  thence  southerly  by  the  center 
line  of  Airline  road  to  the  center  line  of  Old  Chatham  road; 
and  thence  turning  and  running  southeasterly  by  tlie  center 
line  of  Old  Chatham  road  to  the  boundary  line  between  the 
tow»  of  Dennis  and  the  town  of  Harwich;  and  thence  turning 
and  running  southerly  by  the  boundary  line  between  the 
town  of  Dennis  and  the  town  of  Harwich  to  Nantucket 
sound,  the  point  of  beginning,  —  shall  constitute  a  water  dis- 
trict and  are  hereby  made  a  body  corporate  b}-^  the  name 
of  the  Dennis  Water  District,  hereinafter  called  the  district, 
for  the  purpose  of  supplying  themselves  with  water  for  the 
extinguishment  of  fires  and  for  domestic  and  other  purposes, 
with  pov/er  to  establish  fountains  and  hydrants  and  to  re- 
locate and  discontinue  the  same,  to  regulate  the  use  of  such 
water  and  to  fix  and  collect  rates  to  be  paid  therefor,  and 
for  the  purposes  of  assessing  and  raising  taxes  as  provided 
herein  for  the  payment  of  such  services,  and  for  defrajing 
the  necessary  expenses  of  carrying  on  the  business  of  said 
district,  subject  to  all  general  laws  now  or  hereafter  in  force 
relating  to  such  districts,  except  as  otherwise  provided  herein. 


218  Acts,  1945.  —  C^hap.  277. 

The  district  sliall  have  power  to  prosecute  hikI  defprid  all 
;tctions  relating  to  its  property  and  affairs. 

Section  2.  For  tJie  purposes  aforesaid,  the  district,  act- 
ing bj'^  and  through  its  board  of  water  commissioners  here- 
inafter provided  for,  may  contract  with  any  municipality, 
acting  through  its  water  department,  or  with  any  water  com- 
pany, or  with  any  water  district,  for  whatever  water  may 
be  required,  authority  to  furnish  the  same  being  hereby 
granted,  and  may  take  by  eminent  domain  under  chapter 
seventy-nine  or  chapter  eighty  A  of  the  General  Laws,  or 
accjuire  by  lease,  purchase  or  otherwise,  and  hold,  the  waters, 
or  any  portion  thereof,  of  any  pond,  spring  or  stream,  or 
of  any  ground  sources  of  supply  by  means  of  driven,  artesian 
or  other  wells,  within  the  town  of  Dennis  not  already  appro- 
priated for  the  purposes  of  a  public  supply,  and  the  water 
and  fiowage  lights  connected  with  any  such  water  sources; 
and  for  said  purposes  may  take  as  aforesaid,  or  acquire  bj^ 
purchase  or  otherwise,  and  hold,  all  lands,  rights  of  waj^ 
and  other  easements  necessary  for  collecting,  storing,  hold- 
ing, purifying  and  preserving  the  purity  of  the  water  and 
for  conveying  the  same  to  any  part  of  said  district;  provided, 
that  no  source  of  water  supply  or  lands  necessary  for  preserv- 
ing the  quality  of  the  water  shall  be  so  taken  or  used  without 
first  obtaining  the  advice  and  approval  of  the  department 
of  public  health,  and  that  the  location  and  arrangement  of 
all  dams,  reservoirs,  springs,  wells,  pumping,  purification 
and  filtration  plants  and  such  other  works  as  may  be  neces- 
sary in  carrying  out  the  provisions  of  this  act  shall  be  sub- 
ject to  the  approval  of  said  department.  The  district  may 
construct  and  maintain  on  the  lands  acquired  and  held 
under  this  act  proper  dams,  wells,  springs,  reservoirs,  stand- 
pipes,  tanks,  pumping  plants,  buildings,  fixtures  and  other 
structures  including  also  the  establishment  and  maintenance 
of  filter  beds  and  purification  works  or  systems,  and  may 
make  excavations,  procure  and  operate  machinery  and  pro- 
vide such  other  means  and  appliances,  and  do  such  other 
things  as  may  be  necessary  for  the  establishment  and  mainte- 
nance of  complete  and  effective  water  works;  and  fop  that 
purpose  may  construct  pipe  lines,  wells  and  reservoirs  and 
establish  pumping  works,  and  may  construct,  lay,  acquire 
and  maintain  aqueducts,  conduits,  pipes  and  other  works 
imder  or  over  any  land,  watei"  courses,  railroads,  railways 
and  public  or  other  ways,  and  along  such  ways,  in  said  town, 
in  such  manner  as  not  unnecessarily  to  obstruct  the  same; 
and  for  the  purposes  of  constructing,  laying,  maintaining, 
operating  and  repairing  such  aqueducts,  conduits,  pipes  and 
other  works,  and  for  all  proper  purposes  of  this  act,  the 
district  may  dig  up  or  raise  and  embank  any  such  lands, 
highways  or  other  waj's  in  such  manner  as  to  cause  the 
least  hindrance  to  public  travel  on  such  ways;  provided, 
that  the  manner  in  which  all  things  are  done  upon  any  such 
way  shall  be  subject  to  the  direction  of  the  selectmen  of 
the  town  of  Dennis.    The  district  shall  not  enter  upon,  or 


Acts,  1945.  —  Chap.  277.  219 

fonstruct  or  lay  any  conduit,  pipe  or  other  works  within, 
the  location  of  any  railroad  corporation  except  at  such 
time  and  in  such  naanner  as  it  maj'  agree  upon  with  such 
corporation,  or,  in  case  of  failure  so  to  agree,  as  may  be 
approved  by  the  department  of  public  utihties.  The  district 
may  enter  upon  any  lands  for  the  purpose  of  making  surveys, 
test  wells  or  pits  and  borings,  and  may  take  or  otherwise 
acquire  the  right  to  occupy  temporarily  any  lands  neces- 
sar}'  for  the  construction  of  any  work  or  for  any  other 
purpose  authorized  by  this  act. 

Section  3.  Any  person  sustaining  damages  in  his  property 
by  any  taking  under  this  act  or  any  other  thing  done  under 
authority  thereof  may  recover  such  damages  from  the  district 
under  said  chapter  seventy-nine  or  said  chapter  eighty  A; 
but  the  right  to  damages  for  the  taking  of  any  water,  water 
right  or  water  source,  or  for  any  injury  thereto,  shall  not 
vest  until  water  is  actually  withdrawn  or  diverted  under 
authority  of  this  act. 

Section  4.  For  the  purpose  of  paying  the  necessary 
expenses  and  liabilities  incurred  under  this  act,  other  than 
expenses  of  maintenance  and  operation,  the  district  may 
borrow  from  time  to  time  such  sums  as  may  be  necessary, 
not  exceeding,  in  the  aggregate,  five  hundred  thousand  dol- 
lars, and  may  issue  bonds  or  notes  therefor,  which  shall 
bear  on  their  face  the  words,  Dennis  Water  District  Loan, 
Act  of  1945.  Each  authorized  issue  shall  constitute  a  sepa- 
rate loan,  and  such  loans  shall  be  payable  in  not  more  than 
thirty  j^ears  from  their  dates.  Indebtedness  incurred  under 
this  act  shall  be  subject  to  the  provisions  of  chapter  forty- 
four  of  the  General  Laws  pertaining  to  such  districts. 

Section  5.  The  district  shall,  at  the  time  of  authorizing 
said  loan  or  loans,  provide  for  the  payment  thereof  in  ac- 
cordance with  section  four  of  this  act;  and,  when  a  vote 
to  that  effect  has  been  passed,  a  sum  which,  with  the  income 
derived  from  water  rates,  will  be  sufficient  to  pay  the  annual 
expense  of  operating  its  water  works  and  the  interest  as  it 
accrues  on  the  bonds  or  notes  issued  as  aforesaid  b}^  the 
district,  and  to  make  such  payments  on  the  principal  as 
may  be  required  under  this  act,  shall  without  further  vote 
be  assessed  upon  the  district  by  the  assessors  of  said  town 
of  Dennis  annually  thereafter  until  the  debt  incurred  by 
said  loan  or  loans  is  extinguished. 

Section  6.  Any  land  taken  or  acquired  under  this  act 
shall  be  managed,  improved  and  controlled  by  the  board  of 
water  commissioners  hereinafter  provided  for,  in  such  manner 
as  they  shall  deem  for  the  best  interest  of  the  district.  All 
authority  vested  in  said  board  by  this  section  shall  be  subject 
to  section  nine. 

Section  7.  Whenever  a  tax  is  duly  voted  by  the  district 
for  the  purposes  of  this  act,  the  clerk  shall  send  a  certified 
copy  of  the  vote  to  the  assessors  of  said  town,  who  shall 
assess  the  same  on  property  within  the  district  in  the  same 
manner  in  all  respects  in  which  town  taxes  are  required  by 


220  Acts,  1945.  —  Chap.  277. 

law  to  be  assessed;  provided,  that  no  estate  shall  be  sub- 
ject to  any  tax  assessed  on  account  of  the  system  of  water 
suppl}'  under  this  act  if,  in  the  judgment  of  the  board  of 
water  connnissioners  hereinafter  provided  for,  after  a  hear- 
ing, due  notice  whereof  shall  have  been  given,  sucli  estate  is 
so  situated  that  it  can  receive  no  aid  in  the  extinguishment 
of  fire  from  the  said  system  of  water  supply,  or  if  such  estate 
is  so  situated  that  the  buildings  thereon,  or  the  buildings 
that  might  be  constructed  thereon,  could  not  be  supphed 
with  water  from  said  system  in  an}^  ordinary  or  reasonable 
manner;  but  all  other  estates  in  the  district  shall  be  deemed 
to  be  benefited  and  shall  be  subject  to  such  tax.  A  certified 
list  of  the  estates  exempt  from  taxation  under  the  provisions 
of  this  section  shall  annually  be  sent  b}^  said  board  of  water 
commissioners  to  said  assessors,  at  the  same  time  at  which 
the  clerk  shall  send  a  certified  copy  of  the  vote  as  aforesaid. 
The  assessment  shall  be  committed  to  the  town  collector, 
who  shall  collect  said  tax  in  the  manner  provided  by  law 
for  the  collection  of  town  taxes,  and  shall  deposit  the  pro- 
ceeds thereof  with  the  district  treasurer  for  the  use  and 
Ijenefit  of  the  district.  The  district  may  collect  interest  on 
overdue  taxes  in  the  manner  in  which  interest  is  authorized 
to  be  collected  on  town  taxes. 

Section  8.  Any  meeting  of  the  voters  of  the  territory 
included  within  the  boundaries  set  forth  in  section  one  to 
be  held  prior  to  the  acceptance  of  this  act,  and  any  meeting 
of  the  voters  of  the  district  to  be  held  prior  to  the  qualifica- 
tion of  a  majority  of  the  water  commissioners,  shall  be  called, 
on  petition  of  ten  or  more  legal  voters  therein,  by  a  warrant 
from  the  selectmen  of  said  town,  or  from  a  justice  of  the 
peace,  directed  to  one  of  the  petitioners,  requiring  him  to 
give  notice  of  the  meeting  by  posting  copies  of  the  warrant 
in  two  or  more  public  places  in  the  district  seven  days  at 
least  before  the  time  of  the  meeting.  Such  justice  of  the 
peace,  or  one  of  the  selectmen,  shall  preside  at  such  meeting 
until  a  clerk  is  chosen  and  sworn,  and  the  clerk  shall  preside 
until  a  moderator  is  chosen.  At  any  meeting  held  hereunder 
prior  to  the  acceptance  of  this  act,  after  the  choice  of  a 
moderator  for  the  meeting  the  question  of  the  acceptance  of 
this  act  shall  be  submitted  to  the  voters,  and  if  it  is  accepted 
by  a  majority  of  the  voters  present  and  voting  thereon  it 
shall  thereupon  take  effect,  and  the  meeting  may  then 
proceed  to  act  on  the  other  articles  in  the  warrant.  After 
the  qualification  of  a  majority  of  the  water  commissioners, 
meetings  of  the  distiict  shall  be  called  by  warrant  under 
their  hands,  unless  some  other  method  be  provided  by  by- 
law or  vote  of  the  district. 

Section  9.  The  district  shall,  after  the  acceptance  of 
this  act  as  aforesaid,  elect  by  ballot,  either  at  the  same 
meeting  at  which  this  act  shall  have  been  accepted,  or  there- 
after, at  an  annual  meeting  or  at  a  special  meeting  called 
for  the  purpose,  three  persons,  inhabitants  of  and  voters  in 
said  district,  to  hold  office,  one  until  the  expiration  of  three 


Acts,  1945.  —  Chap.  277.  221 

years,  one  until  tiie  expiration  of  two  years,  and  one  until 
the  expiration  of  one  year,  from  the  day  of  the  next  succeed- 
ing annual  district  meeting,  to  constitute  a  board  of  water 
commissioners;  and  at  every  annual  district  meeting  follow- 
ing such  next  succeeding  annual  district  meeting  one  such 
commissioner  shall  be  elected  by  ballot  for  the  term  of  three 
years.  The  date  of  the  next  annual  meeting  shall  be  fixed 
by  by-law  or  by  vote  of  the  board  of  water  commissioners, 
but  in  no  event  shall  it  be  later  than  fifteen  months  subse- 
quent to  the  date  on  which  the  water  commissioners  were 
first  elected.  All  the  authority  granted  to  said  district  by 
this  act,  except  sections  four  and  five,  and  not  otherwise 
specifically  provided  for,  shall  be  vested  in  said  board  of 
water  commissioners,  who  shall  be  subject,  however,  to  such 
instructions,  rules  and  regulations  as  the  district  maj^  by  vote 
impose.  At  the  meeting  at  which  said  water  commissioners 
are  first  elected  and  at  each  annual  district  meeting  held 
thereafter,  the  district  shall  elect  by  ballot,  each  for  a  term 
of  one  year,  a  clerk  and  a  treasurer  of  the  district.  The 
treasurer  shall  not  be  a  water  commissioner,  and  shall  give 
bond  to  the  district  in  such  an  amount  as  may  be  approved 
by  said  water  commissioners  and  with  a  surety  company 
authorized  to  transact  business  in  the  commonwealth  as 
surety.  A  majorit}'  of  said  water  commissioners  shall  con- 
stitute a  quorum  for  the  transaction  of  business.  An}- 
vacancy  occurring  in  said  board  from  any  cause  may  be  filled 
for  the  remainder  of  the  unexpired  term  b}-  said  district  at 
any  legal  meeting  called  for  the  purpose.  No  money  shall 
be  drawn  from  the  treasuiy  of  the  district  on  account  of  its 
water  works  except  upon  a  written  order  of  said  water  com- 
missioners or  a  majority  of  them. 

Section  10.  Said  board  of  water  commissioners  shall 
fix  just  and  equitable  prices  and  rates  for  the  use  of  water, 
and  shall  prescribe  the  time  and  manner  of  payment.  The 
income  of  tlie  water  works  shall  be  appropriated  to  defray 
all  operating  expenses,  interest  charges  and  payments  on  the 
principal  as  they  shall  accrue  upon  any  bonds  or  notes  issued 
under  authority  of  this  act.  If  there  should  be  a  net  surplus 
remaining  after  providing  for  the  aforesaid  charges,  it  maj- 
be  appropriated  for  such  new  construction  as  said  water 
commissioners  may  recommend,  and  in  case  a  surplus  should 
remain  after  payment  for  such  new  construction  the  water 
rates  shall  be  reduced  proportionately.  Said  water  commis- 
sioners shall  annually,  and  as  often  as  the  district  may  re- 
quire, render  a  report  upon  the  condition  of  the  works  under 
their  charge,  and  an  account  of  their  doings,  including  an 
account  of  receipts  and  expenditures. 

Section  11.  The  district  may  adopt  by-laws,  prescribing 
by  whom  and  how  meetings  of  the  district  may  be  called, 
notified,  and  conducted;  and,  upon  the  application  of  ten 
or  more  legal  voters  in  the  district,  meetings  may  also  be 
called  by  warrant  as  provided  in  section  eight.  The  district 
may  also  establish  rules  and  regulations  for  the  management 


222  Acts,  1945.  —  Chap.  278. 

of  its  water  works,  not  in(3onsistent  with  t})is  act  or  with  any 
other  provision  of  law,  and  may  choose  such  other  oflficers 
not  provided  for  in  this  act  as  it  may  deem  necessary  or 
proper. 

Section  12.  Whoever  wilfully  or  wantonl}^  corrupts, 
pollutes  or  diverts  any  water  obtained  or  supplied  under  this 
act,  or  wilfully  or  wantonl\'  injures  any  reservoir,  well,  stand- 
pipe,  acjueduct,  pipe  or  other  property  owned  or  used  by  the 
district  for  any  of  the  purposes  of  this  act,  shall  forfeit  and 
pay  to  the  district  three  times  the  amount  of  damages  as- 
sessed therefor,  to  be  recovered  in  an  action  of  tort,  and 
upon  conviction  of  any  of  the  above  wilful  or  wanton  acts 
shall  be  punished  by  a  fine  of  not  more  than  three  hundred 
dollars  or  bv  imprisonment  for  not  more  than  one  year,  or 
both. 

Skction  13.  Upon  a  petition  in  writing  addressed  to  said 
board  of  water  commissioners  requesting  that  certain  I'eal 
estate,  accurately  described  therein,  located  in  said  town  and 
abutting  on  said  district  and  not  otherwise  served  by  a  pub- 
lic water  supply  be  included  within  the  limits  thereof,  and 
signed  by  the  owners  of  such  real  estate,  or  a  major  portion 
of  such  real  estate,  said  water  commissioners  shall  cause  a 
duly  warned  meeting  of  the  district  to  be  called,  at  which 
meeting  the  voters  may  vote  on  the  question  of  including 
said  real  estate  within  the  district.  If  a  majority  of  the 
voters  present  and  voting  thereon  vote  in  the  affirmative 
the  district  clerk  shall  within  ten  days  file  with  the  town  clerk 
of  said  town  and  with  the  state  secretar}^  an  attested  copy 
of  said  petition  and  vote;  and  thereupon  said  real  estate 
shall  become  and  be  part  of  the  district  and  shall  be  holden 
under  this  act  in  the  same  manner  and  to  the  same  extent 
as  the  real  estate  described  in  section  one. 

Section  14.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  a  majority  vote  of  the  voters  of  the  territory 
included  within  said  district  by  section  one  of  this  act  present 
and  voting  thereon,  by  the  use  of  the  check  list,  at  a  district 
meeting  called,  in  accordance  with  section  eight,  before 
Januar}'  first,  nineteen  hundred  and  forty-si.x. 

Approved  May  7,  1945. 


Chap.27S  An  Act  relative  to  the  importing,  printing,  publish- 
ing, SELLING  OR  DISTRIBUTING  OF  OBSCENE  BOOKS  AND 
OTHER    OBSCENE    MATTER. 

Be  it  enacted,  etc.,  as  follov).'^: 

G.  L.  (Ter.  SECTION  1 .     Chapter  two  hundred  and  seventy-two  of 

fts'fu;^,'  the  General  Laws  is  hereby  amended  by  striking  out  section 

r"w'8S^28\"'^  twenty-eight,  as  most  recently  amended   b}'  chapter  two 

to  28  H,  hundred  and  thirty-nine  of  the  acts  of  nineteen  hundred  and 

added.  forty-thrce,  and  inserting  in  place  thereof  the  nine  following 

Penalty  foi  scctions:  —  Sectiou  "28.    Whoever  sells  or  distributes,  or  im- 

Thtcentviili'  ports,  prints  or  publishes  for  the  purpose  of  selling  or  dis- 


Acts,  1945.  —  Chap.  278.  223 

tributing,  to  a  person  under  the  age  of  eighteen  years  a  book,  ^l^"^^;^^^^' 
pamphlet,  ballad,  printed  paper,  phonographic  record  or 
other  thing  which  is  obscene,  indecent  or  impure,  or  mani- 
festly tends  to  corrupt  the  morals  of  youth,  or  an  obscene, 
indecent  or  impure  print,  picture,  figure,  image  or  descrip- 
tion, manifestly  tending  to  corrupt  the  morals  of  youth,  or 
introduces  into  a  family,  school  or  place  of  education,  or 
buys,  procures,  receives  or  has  in  his  possession  any  such 
book,  pamphlet,  ballad,  printed  paper,  phonographic  record, 
obscene,  indecent  or  impure  print,  picture,  figure,  image  or 
other  thing,  either  for  the  purpose  of  sale,  exhibition,  loan 
or  circulation  to  a  person  under  the  age  of  eighteen  years  or 
with  intent  to  introduce  the  same  into  a  family,  school  or 
place  of  education,  shall,  for  a  first  offence,  be  punished  by 
imprisonment  for  not  more  than  two  years  or  by  a  fine  of 
not  less  than  one  hundred  nor  more  than  one  thousand  dol- 
lars, or  both,  aijd  for  a  subsequent  offence  by  imprisonment 
for  not  less  than  six  months  nor  more  than  two  and  one  half 
years  or  by  a  fine  of  not  less  than  two  hundred  nor  more 
than  two  thousand  dollars,  or  both. 

Section  28 A.    Whoever  imports,  prints,  publishes,  sells  or  Penalty  for 
distributes  a  pamphlet,  ballad,  printed  paper,  phonographic  LTJJ'ror  hfiVins 
record,  or  other  thing  which  is  obscene,  indecent  or  impure,  o'lXnlltu-r- 
or  an  obscene,   indecent  or  impure   print,   picture,   figure,  a^ure.  etc. 
image  or  description,  or  buys,  procures,  receives  or  has  in 
his  possession  any  such  pamphlet,   ballad,   printed  paper, 
phonographic   record,   obscene,   indecent   or  impure   print, 
picture,  figure,  image  or  other  thing,  for  the  purpose  of  sale, 
exhibition,  loan  or  circulation,  shall  be  punished  by  impris- 
onment for  not  more  than  two  years  or  by  a  fine  of  not  less 
than  one  hundred  dollars  nor  more  than  one  thousand  dol- 
lars, or  both. 

Section  28B.     Whoever  imports,  prints,  publishes,  sells.  Penalty  where 
loans  or  distributes,  or  buys,  procures,  receives,  or  has  in  his  known'' to  be 
possession  for  the  purpose  of  sale,  loan  or  distribution,  a  °^'«"^p"''- 
book,  knowing  it  to  be  obscene,  indecent  or  impure,  shall  be 
punished  by  imprisonment  for  not  more  than  two  years  or 
by  a  fine  of  not  less  than  one  hundred  nor  more  than  one 
thousand  dollars,  or  both. 

Section  28C.     Whenever  there  is  reasonable  cause  to  be-  Judicial 
lieve  that  a  book  which  is  being  imported,  sold,  loaned  or  refaTive"to*'°" 
distributed,  or  is  in  the  po.ssession  of  an}^  person  who  intends  bo^ks^^etc 
to  import,  sell,  loan  or  distribute  the  same,  is  obscene,  in- 
decent or  impure,  the  attorney  general,  or  any  district  attor- 
ney within  his  district,  shall  bring  an  information  or  petition 
in  equity  in  the  superior  court  directed  against  said  book 
by  name.     Upon  the  filing  of  such  information  or  petition 
in  equity,  a  justice  of  the  superior  court  shall,  if,  upon  a 
summary  examination  of  the  book,  lie  is  of  opinion  that  there 
is  reasonable  cause  to  believe  that  such  book  is  obscene,  in- 
decent or  impure,  issue  an  order  of  notice,  returnable  in  or 
within  thirty  days,  directed  against  such  book  by  name  and 
addressed  to  all  persons  interested  in  the  publication,  sale, 


224 


Acts,  1945.  ^  Chap.  278. 


Ownei-  of 
book,  etc., 
may  appear 
and  claim 
right  to  trial 
by  jury. 


Adjudication 
by  court. 


Hearings. 


Information. 


loan  or  distribution  thereof,  to  show  cause  why  said  book 
should  not  be  judicially  determined  to  be  obscene,  indecent 
or  impure.  Notice  of  such  order  shall  be  given  by  publica- 
tion once  each  week  for  two  successive  weeks  in  a  daily 
newspaper  published  in  the  city  of  Boston  and,  if  such  infor- 
mation or  petition  be  filed  in  any  county  other  than  Suffolk 
county,  then  by  publication  also  in  a  daily  newspaper  pub- 
lished in  such  other  county.  A  copy  of  such  order  of  notice 
shall  be  sent  by  registered  mail  to  the  publisher  of  said  book, 
to  the  person  holding  the  copyrights,  and  to  the  author,  in 
case  the  names  of  any  such  persons  appear  upon  said  book, 
fourteen  days  at  least  before  the  return  day  of  such  order  of 
notice.  After  the  issuance  of  an  order  of  notice  under  the 
provisions  of  this  section,  the  court  shall,  on  motion  of  the 
attorney  general  or  district  attorney,  make  an  interlocutory 
finding  and  adjudication  that  said  book  is  obscene,  indecent 
or  impure,  which  finding  and  adjudication  shall  be  of  the 
same  force  and  effect  as  the  final  finding  and  adjudication 
provided  in  section  twenty-eight  E  or  section  twenty-eight  F, 
but  only  until  such  final  finding  and  adjudication  is  made  or 
until  further  order  of  the  court. 

Section  28D.  Any  person  interested  in  the  sale,  loan  or 
distribution  of  said  book  may  appear  and  file  an  answer  on 
or  before  the  return  day  named  in  said  notice  or  within  such 
further  time  as  the  court  may  allow,  and  may  claim  a  right 
to  trial  by  jury  on  the  issue  whether  said  book  is  obscene, 
indecent  or  impure. 

Section  28E.  If  no  person  appears  and  answers  within  the 
time  allowed,  the  court  may  at  once  upon  motion  of  the 
petitioner,  or  of  its  own  motion,  no  reason  to  the  contrary 
appearing,  order  a  general  default  and  if  the  court  finds  that 
the  book  is  obscene,  indecent  or  impure,  may  make  an  ad- 
judication against  the  book  that  the  same  is  obscene,  indecent 
and  impure. 

Section  28F.  If  an  appearance  is  entered  and  answer  filed, 
the  case  shall  be  set  down  for  speedy  hearing,  but  a  default 
and  order  shall  first  be  entered  against  all  persons  who  have 
not  appeared  and  answered,  in  the  manner  provided  in  sec- 
tion twenty-eight  E.  Such  hearing  shall  be  conducted  in 
accordance  with  the  usual  course  of  proceedings  in  equity 
including  all  rights  of  exception  and  appeal.  At  such  hear- 
ing the  court  may  receive  the  testimony  of  experts  and  may 
receive  evidence  as  to  the  literary,  cultural  or  educational 
character  of  said  book  and  as  to  the  manner  and  form  of  its 
publication,  advertisement,  and  distribution.  Upon  such 
hearing,  the  court  may  make  an  adjudication  in  the  manner 
provided  in  said  section  twenty-eight  E. 

Section  28G.  An  information  or  petition  in  equity  under 
the  provisions  of  section  twenty-eight  C  shall  not  be  open 
to  objection  on  the  ground  that  a  mere  judgment,  order  or 
decree  is  sought  thereby  and  that  no  relief  is  or  could  be 
claimed  thereunder  on  the  issue  of  the  defendant's  knowl- 
edge as  to  the  obscenity,  indecency  or  impurity  of  the  book. 


Acts,  1945.  —  Chap.  279.  225 

« 

Section  28H:    In  any  trial  under  section  twenty-eight  B  ^^1!*^"^^'°" 
on  an  indictment  found  or  a  complaint  made  for  any  offence  etc..  is  °  ' 
committed  after  the  filing  of  a  proceeding  under  section  °''^'^<^"'^- 
twenty-eight  C,  the  fact  of  such  filing  and  the  action  of  the 
court  or  jury  thereon,  if  any,  shall  be  admissible  in  evidence. 
If  prior  to  the  said  offence  a  final  decree  had  been  entered 
against  the  book,  the  defendant,  if  the  book  be  obscene, 
indecent  or  impure,  shall  be  conclusively  presumed  to  have 
known  said  book  to  be  obscene,  indecent  or  impure,  or  if 
said  decree  had  been  in  favor  of  the  book  he  shall  be  conclu- 
sivel}^  presumed  not  to  have  known  said  book  to  be  obscene, 
indecent  or  impure,  or  if  no  final  decree  had  been  entered  but 
a  proceeding  had  been  filed  prior  to  said  offence,  the  defend- 
ant shall  be  conclusively  presumed  to  have  had  knowledge 
of  the  contents  of  said  book. 

Section  2.     This  act  shall  not  take  effect  until  October  Effective 
first  in  the  current  year,  and  shall  not  be  deemed  to  apply  ''^*^- 
to  any  cause  of  action  arising  prior  to  said  date. 

Approved  May  7,  1945. 


An  Act  changing  the  fiscal  year  of  the  metropolitan  QIkjij  279 

DISTRICT    commission    AND    THE    METROPOLITAN    DISTRICT 
WATER   SUPPLY   COMMISSION. 

Whereas,  In  order  that  the  next  general  appropriation  Emergency 
act  may  make  appropriations  for  the  several  metropolitan  p'"^^™'''^- 
districts  for  the  fiscal  year  hereby  established,  the  establish- 
ment thereof  must  become  effective  before  the  passage  of 
such  act  which  will  undoubtedly  take  place  within  ninety 
days,  therefore  this  act  is  hereby  declared  to  be  an  emergency 
law,  necessary  for  the  immediate  preservation  of  the  public 
convenience. 

Be  it  enacted,  etc.,  as  follows: 

The  fiscal  period  of  the  metropohtan  district  commission 
and  the  metropohtan  district  water  supply  commission  which 
began  December  first,  nineteen  hundred  and  forty-four  shall 
end  June  thirtieth,  nineteen  hundred  and  forty-five,  and, 
beginning  with  July  first,  nineteen  hundred  and  forty-five, 
the  fiscal  year  of  said  commissions  shall  be  the  year  beginning 
with  July  first  and  ending  with  the  following  June  thirtieth. 
Annual  assessments  for  the  several  metropolitan  districts 
made  upon  the  cities  and  towns  thereof  in  any  year  shall  be 
payable  on  November  twentieth  of  such  year.  Notwith- 
standing any  other  provision  of  law,  assessments  for  mainte- 
nance of  said  districts  payable  November  twentieth,  nineteen 
hundred  and  forty-five  shall  be  based  upon  the  appropria- 
tions for  said  districts  for  the  above  described  fiscal  period 
beginning  with  December  first,  nineteen  hundred  and  forty- 
four  and  ending  with  June  thirtieth,  nineteen  hundred  and 
forty-five  and  upon  five  twelfths  of  such  appropriations  for 
the  new  fiscal  year  of  said  commissions  beginning  with  July 
first,  nineteen  hundred  and  forty-five,  and  annual  assess- 


226  Acts,  1945.  —  Chaps.  280,  281,  282. 

ments  for  maintenance  of  said  districts  payable  on  Novernl)er 
twentieth  of  each  subsequent  year  shall  be  based  upon  seven 
twelfths  of  such  appropriations  for  the  fiscal  year  ending 
with  the  preceding  June  thirtieth  and  five  twelfths  of  such 
appropriations  for  the  fiscal  year  immediately  following  said 
June  thirtieth.  Approved  May  8,  194-5. 

C hap. 2S0  An  Act  authorizing  the  leasing  by  the  town  of  oak 

BLUFFS  OF  certain  PROPERTY  AT  THE  TOWN  BATHING 
BEACH,  so  CALLED,  IN  SAID  TOWN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Notwithstanding  any  provision  of  general 
law  to  the  contrary,  the  town  of  Oak  Bluffs  may,  by  its 
selectmen,  lease  for  not  more  than  ten  years,  on  such  terms 
as  the  selectmen  determine,  any  building  or  buildings,  or 
part  thereof,  located  at  the  beach  in  said  town  known  as  the 
town  bathing  beach. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  8,  1945. 


Chav.2Sl  A^N  Act  providing  for  reciprocal  enforcement  of  laws 

relating  to  marine  fisheries. 

Be  it  enacted,  etc.,  as  follows: 
G.  L.  (Ter.  Chapter  one  hundred  and  thirty  of  the  General  Laws  is 

new  '§  15A,        hereby  amended  by  inserting  after  section  fifteen,  as  appear- 
added.  ing.in  section  one  of  chapter  five  hundred  and  ninety-eight 

of  the  acts  of  nineteen  hundred  and  forty-one,  the  following 
Reciprocal  sectlon I  —  Scction  15 A.  Any  game  protector,  fish  and  game 
of  cXTaTn"*  warden,  coastal  warden,  conservation  officer  or  other  per- 
laws  relating      gQjj  ^j^^^  jg  cmpowercd  to  make  arrests  for  violations  of 

to  marine  '^^  •  /-•    i   •  i  p      i  e  tvt 

fisheries.  the  couservation  or  marine  fishing  laws  oi  the  state  of  J\ew 

Hampshire  or  of  the  state  of  Rhode  Island  may  pursue  any 
person  found  fishing  in  the  coastal  waters  of  such  state  in 
violation  of  the  marine  fishing  laws  thereof  onto  adjacent 
coastal  waters  of  this  commonwealth  and  there  arrest  him 
and  take  him  into  such  other  state  for  the  purpose  of  prose- 
cuting him  for  such  violation;  provided,  that  such  other 
state  shall  have  enacted  legislation  giving  substantially 
similar  authoritj^  to  the  conservation  officers,  coastal  wardens 
and  other  appropriate  officers  of  this  commonwealth  rela- 
tive to  persons  found  fishing  in  the  coastal  waters  of  this 
commonwealth  in  violation  of  the  marine  fishing  laws  thereof. 

Approved  May  8,  1945. 


Chap. 2S2  An  Act  relative  to  larceny. 

Be  it  enacted,  etc.,  as  follows: 
G.  l.  (Ter.  Section  1.      Scctious    twenty-si.\,    thirty-six,    forty-four, 

§§^26,^36.' 44.     forty-five  and  forty-six  of  chapter  two  hundred  and  sixty- 
tej^ted^'        ^^^>  ^^  appearing  in  the  Tercentenary  Edition,  are  hereby 

repealed. 


Acts,  1945.  —  Chap.  282.  221 

Section  2.  Said  chapter  two  hundred  and  sixty-six  is  g.  l.  arcr. 
hereby  further  amended  by  striking  out  section  thirty,  as  amOTded! 
so  appearing,  and  inserting  in  place  thereof  the  following 
section:  —  Section  30.  (1)  Whoever  steals,  or  with  intent  Larceny, 
to  defraud  obtains  by  a  false  pretence,  or  whoever  unlaw-  ''**'■'  ^""^  ^' 
fully,  and  with  intent  to  steal  or  embezzle,  converts,  or 
secretes  with  intent  to  convert,  the  property  of  another  as 
defined  in  this  section,  whether  such  property  is  or  is  not 
in  his  possession  at  the  time  of  such  conversion  or  secreting, 
shall  be  guilty  of  larceny,  and  shall,  if  the  value  of  the 
property  stolen  exceeds  one  hundred  dollars,  be  punished 
by  imprisonment  in  the  state  prison  for  not  more  than 
five  years,  or  by  a  fine  of  not  more  than  six  hundred  dollars 
and  imprisonment  in  jail  for  not  more  than  two  years;  or, 
if  the  value  of  the  property  stolen  does  not  exceed  one 
hundred  dollars,  shall  be  punished  by  imprisonment  in  jail 
for  not  more  than  one  year  or  by  a  fine  of  not  more  than 
three  hundred  dollars;  or,  if  the  property  was  stolen  from 
the  conveyance  of  a  common  carrier  or  of  a  person  carrying 
on  an  express  business,  shall  be  punished  for  the  first  offence 
by  imprisonment  for  not  less  than  six  months  nor  more  than 
two  and  one  half  years,  or  b}^  a  fine  of  not  less  than  fifty  • 
nor  more  than  six  hundred  dollars,  or  both,  and  for  a  subse- 
quent offence,  by  imprisonment  for  not  less  than  eighteen 
months  nor  more  than  two  and  one  half  years,  or  by  a  fine 
of  not  less  than  one  hundred  and  fifty  nor  more  than  six 
hundred  dollars,  or  both. 

(2)  The  term  "property"  as  used  in  this  section  shall  "Property" 
include  money,  personal  chattels,  a  bank  note,  bond,  promis- 
sory note,  bill  of  exchange  or  other  bill,  order  or  certificate, 

a  book  of  accounts  for  or  concerning  money  or  goods  due 
or  to  become  due  or  to  be  delivered,  a  deed  or  writing  con- 
taining a  conveyance  of  land,  any  valuable  contract  in  force, 
a  receipt,  release  or  defeasance,  a  writ,  process,  certificate 
of  title  or  duplicate  certificate  issued  under  chapter  one 
hundred  and  eighty-five,  a  pubHc  record,  anything  which  is 
of  the  realty  or  is  annexed  thereto,  and  any  domesticated 
animal  or  a  beast  or  bird  which  is  ordinarily  kept  in  con- 
finement and  is  not  the  subject  of  larceny  at  common  law. 

(3)  The  stealing  of  real  property  may  be  a  larceny  from  Real  property, 

^    ^  .  ^  .  1         •     •     X  •  •       c  c        larceny  ot. 

one  or  more  tenants,  sole,  jomt  or  m  common,  m  tee,  tor 
life  or  years,  at  will  or  sufferance,  mortgagors  or  mortgagees, 
in  possession  of  the  same,  or  who  may  have  an  action  of 
tort  against  the  offender  for  trespass  upon  the  property, 
but  not  from  one  having  only  the  use  or  custody  thereof. 
The  larceny  may  be  from  a  wife  in  possession,  if  she  is 
authorized  by  law  to  hold  such  property  as  if  sole,  otherwise 
her  occupation  may  be  the  possession  of  the  husband.  If 
such  property  which  was  of  a  person  deceased  is  stolen,  it 
may  be  a  larceny  from  any  one  or  more  heirs,  devisees, 
reversioners,  remaindermen  or  others,  who  have  a  right  upon 
such  decease  to  take  possession,  but  not  having  entered,  as 
it  would  be  after  entry.    The  larceny  may  be  from  a  person 


228 


Acts,  1945.  —  Chap.  283. 


(;.  I-.  (Tcr. 
Ii;d.),2()(>,  §33, 


I'also  pretenecr 
to  coustituto 
hirrony  in 
certain  oases. 


<i.  I..  (Tcr. 
Ed.),2G(),  §47 
;Linpnded. 


Penalty  for 
wrongfully 
removing 
collar  from 
licensed  dog. 


I'lffectivc 
date. 


whose  name  is  unknown,  if  it  would  be  such  if  the  property 
stolen  were  personal,  and  may  be  committed  by  those  who 
have  only  the  use  or  custodj^  of  the  property,  but  not  by  a 
person  against  whom  no  action  of  tort  could  be  maintained 
for  acts  like  those  constituting  the  larceny. 

Section  3.  Said  chapter  two  hundred  and  sixty-six  is 
hereby  further  amended  by  striking  out  section  thirty-three, 
as  so  appearing,  and  inserting  in  place  thereof  the  follow- 
ing section:  —  Section  33.  (1)  Whoever,  with  intent  to  de- 
fraud, obtains  by  a  false  pretence  the  making,  acceptance  or 
endorsement  of  a  bill  of  exchange  or  promissory  note,  the 
release  or  substitution  of  collateral  or  other  security,  an 
extension  of  time  for  the  payment  of  an  obligation,  or  the 
release  or  alteration  of  the  obligation  of  a  written  contract, 
or  (2)  whoever,  with  intent  to  defraud,  by  a  false  statement 
in  writing  respecting  the  financial  condition,  or  means  or 
ability  to  pay,  of  himself  or  of  any  other  person,  obtains 
credit  from  any  bank  or  trust  company  or  any  banking 
institution  accustomed  to  give  credit  in  anj^  form  whatsoever, 
shall  be  guilty  of  larcen3^ 

Section  4.  Section  forty-seven  of  said  chapter  two  hun- 
dred and  sixty-six,  as  so  appearing,  is  hereby  amended  by 
striking  out,  in  the  first  line,  the  words  "or  steals",  —  so  as 
to  read  as  follows:  —  Sectional.  Whoever  wrongfully  re- 
moves the  collar  from  a  dog  which  is  licensed  and  collared 
as  provided  in  chapter  one  hundred  and  forty  shall  be 
punished  by  a  fine  of  not  more  than  one  hundred  dollars, 
or  by  six  months'  imprisonment,  or  both.  Whoever  dis- 
tributes or  exposes  a  poisonous  substance,  with  intent  that 
it  shall  be  eaten  by  a  dog,  shall  be  punished  by  a  fine  of  not 
less  than  twenty  nor  more  than  one  hundred  dollars. 

Section  5.  This  act  shall  take  effect  on  September  first 
in  the  current  year  and  shall  apply  in  the  case  of  crimes 
committed  on  or  after  said  date;  but  the  provisions  of  the 
several  sections  amended  or  repealed  by  this  act,  as  in  effect 
immediately  preceding  said  date,  shall  continue  to  apply  in 
the  case  of  crimes  committed  prior  to  said  date. 

Approved  May  8,  lOJib. 


Chap.28S  An  Act  creating  the  savings  bank  investment  fund 

FOR    THE    PURPOSE    OF    PROVIDING    AN    ADDITIONAL    MEANS 
OF   INVESTMENT    FOR    SAVINGS    BANKS. 

Be  it  enacted,  etc.,  as  foUoios: 

Section  1.  Thedirectorsfor  the  time  being  of  the  Mutual 
Savings  Central  Fund,  Inc.,  established  by  chapter  forty- 
four  of  the  acts  of  nineteen  hundred  and  thirty-two,  as 
amended,  hereinafter  called  the  incorporators,  are  hereby 
constituted  a  corporation  for  the  term  of  twenty-five  years 
or  until  the  dissolution  of  the  said  Mutual  Savings  Central 
Fund,  Inc.,  whichever  shall  be  the  shorter  time,  under  the 
name  of  the  Savings  Bank  Investment  Fund,  hereinafter 


Acts,  1945.  —  Chap.  283. 

referred  to  as  the  corporation.  The  successors  from  time 
to  time  of  such  directors  shall,  for  the  purposes  of  this  act, 
be  incorporators  in  place  of  their  predecessors.  The  purpose 
of  the  corporation  shall  be  to  hold,  invest,  reinvest,  and 
manage,  a  mutual  investment  fund,  which  shall  include  all 
property  of  the  corporation  and  is  hereinafter  referred  to  as 
the  fund,  to  be  derived  from  voluntary  subscriptions  thereto 
made  by  savings  banks  now  or  hereafter  during  said  term 
established  under  the  laws  of  the  commonwealth  and  subject 
to  the  provisions  of  chapter  one  Imndred  and  sixty-eight  of 
the  General  Laws,  hereinafter  referred  to  as  savings  banks. 
Section  2.  The  officers  of  the  corporation  shall  be  a 
president,  one  or  more  vice  presidents,  a  treasurer,  a  clerk, 
a  board  of  not  less  than  seven  nor  more  than  eleven  directors 
as  fixed  by  the  by-laws,  and  such  other  officers,  if  any,  as 
may  be  authorized  by  the  by-laws.  The  treasurer  shall  be 
required  to  give  a  bond  for  the  faithful  performance  of  his 
duties  in  such  sum  and  with  such  sureties  as  the  by-laws 
may  prescribe.  The  clerk,  who  shall  be  a  resident  of  the 
commonwealth,  shall  be  sworn  and  shall  record  all  votes  of 
the  corporation  in  a  book  to  be  kept  therefor.  Each  director 
of  the  corporation  shall  first  have  qualified  as,  and  at  all 
times  shall  be,  an  officer  or  corporator  of  a  savings  bank,  but 
not  more  than  two  directors  shall  at  any  one  time  be  di- 
rectors of  said  Mutual  Savings  Central  Fund,  Inc.  The 
office  of  director  and  any  ofl^ce  other  than  director  may  be 
held  by  the  same  person.  The  directors  shall  be  elected  by 
the  incorporators,  initially  at  any  time  after  the  effective 
date  of  this  act,  and  annually  thereafter  at  a  time  fixed  by 
the  by-laws  of  the  corporation,  which  time  shall  be  at  the 
annual  meeting  of  the  said  Mutual  Savings  Central  Fund. 
Inc.,  or  as  soon  thereafter  as  is  feasible,  but  any  director 
may  be  removed  by  vote  of  the  incorporators  at  any  meet- 
ing thereof.  The  officers  of  the  corporation  other  than  the 
directors  shall  be  elected  by  such  directors  annually  at  a 
meeting  held  as  soon  after  the  election  of  the  directors  as  is 
feasible,  but  any  officer  of  the  corporation  other  than  a 
director  may  be  removed  by  vote  of  such  directors  at  any 
meeting  thereof.  The  directors  and  other  officers  shall  hold 
their  several  offices,  unless  sooner  removed,  until  others  are 
elected  and  qualified  in  their  stead.  Vacancies  in  the  number 
of  directors  occurring  at  any  time  between  the  annual  elec- 
tions may  be  filled  by  election  b}^  the  incorporators  in  the 
manner  provided  in  the  by-laws  of  the  corporation.  The 
existence  of  any  vacancy  or  vacancies,  however,  shall  not 
invalidate  any  action  of  the  board  of  directors  if  a  majority 
of  the  full  number  fixed  by  the  by-laws  participates  in  sucli 
action,  or  is  present  at  a  meeting  at  which  such  action  is 
taken.  Vacancies  in  any  of  the  offices  other  than  that  of 
director  occurring  at  any  time  between  the*  annual  elections 
may  be  filled  by  election  b}'  the  directors  of  the  corporation. 
The  directors  of  the  corporation  shall  receive  no  compen- 
sation for  their  service  in  that  office.     The  board  of  direc- 


Acts,  1945.  —  Chap.  283. 

tore  slia-U  have  full  control  of  the  business  of  tiie  corporation 
except  as  herein  specifically  limited.  By-laws  for  the  conduct 
of  the  business  of  the  corporation  may  be  adopted  by  the 
directors  of  the  corporation  subject  to  tlie  approval  of  the 
incorporators  and  of  the  commissioner  of  banks.  Such  by- 
laws may  provide  for  and  fix  the  time  and  place  of  all  meet- 
ings of  the  corporation  and  of  the  directors,  define  the  duties 
of  the  officers,  establisii  an  executive  committee  of  not  less 
than  three  nor  more  than  five  directors  with  such  powers 
while  the  board  of  directors  is  not  in  session,  including  the 
purchase  and  sale  of  securities  and  any  or  all  other  powers 
of  the  board  of  directors,  as  shall  be  therein  specified,  and 
may  provide  for  such  other  officers  and  committees  as  may 
seem  advisable. 

Section  3.  The  corporation  shall  have  no  capital  stock, 
but  the  beneficial  ownership  of  the  fund  shall  be  represented 
by  shares  of  beneficial  interest  without  par  value  which  shall 
be  issued  from  time  to  time  by  the  corporation  to  the  sub- 
scribers thereto,  and  each  share  so  issued  shall  be  equal  in 
every  respect  to  every  other  share.  Such  shares  shall  not 
be  sold  to  nor  held  by  any  persons  other  than  savings  banks, 
except  as  follows :  — 

(a)  They  may  be  transferred  and  acquired  by  operation 
of  law  derived  from  the  right  of  a  savings  bank,  if  such  opera- 
tion of  law  does  not  stem  from  the  voluntary  action  of  such 
savings  bank,  but  thereafter  they  shall  be  held  subject  to  the 
provisions  hereinafter  specified. 

(6)  They  may  be  pledged  by  a  savings  bank  to  the  same 
extent  that  any  other  assets  of  a  savings  bank  may  be  pledged, 
but  upon  foreclosure  of  the  pledge  the  pledgee  shall  hold  them 
subject  to  the  provisions  hereinafter  specified. 

(c)  They  may  be  transferred  by  sale  or  pledge,  or  in  any 
other  manner  permitted  by  law,  by  a  savings  bank  to  said 
Mutual  Savings  Central  Fund,  Inc.,  but  when  the  transfer- 
ring savings  bank  ceases  to  have  any  legal  or  equitable  inter- 
est in  tlie  shares  so  transferred  said  Mutual  Savings  Central 
Fund,  Inc.  shall  hold  them  subject  to  the  provisions  herein- 
after specified. 

Whenever,  as  the  result  of  a  transfer  of  an}^  kind  described 
in  paragraphs  (a),  (h)  or  (c)  of  this"  section,  any  share  is  held 
by  any  person  other  than  a  savings  bank,  the  following  pro- 
cedure shall  apply  unless  the  board  of  directors  or  executive 
committee  of  the  corporation  in  the  exercise  of  sound  dis- 
cretion shall  determine  that  by  reason  of  extraordinary 
conditions  such  procedure  would  be  injurious  to  the  fund  or 
unfair  to  some  or  all  of  the  other  shareholders,  and  shall  pass 
a  vote  reciting  such  determination  and  postponing  the  appli- 
cation of  such  procedure  for  a  specified  time :  —  No  dividend 
shall  be  paid  on  such  share  after  thirty  days  from  the  date, 
if  known  to  the  corporation,  when  the  conditions  specified 
in  any  of  said  paragraphs  (a),  (b)  or  (c)  for  the  application  of 
these  provisions  take  effect,  and  the  corporation  shall  of^'er 
to  repurchase,  and  upon  acceptance  of  the  offer  shall  repur- 


Acts,  1945.  —  Chap.  283.  231 

chajse,  any  share  so  held  at  tlie  net  asset  value  on  the  date 
of  repurchase  if  such  repurchase  occurs  within  said  thirty- 
days.  If  such  repurciiase  does  not  occur  witliin  said  thirty 
days  said  share  shall  thereafter  be  repurchased  only  at  the 
net  asset  value  as  last  determined  during  said  thirty  days, 
less  any  dividends  paid  thereon  after  said  thirty  days.  Upon 
receiving  notice  that  an}-  share  is  so  held  by  an}^  person  other 
than  a  savings  bank,  and  upon  expiration  of  said  thirty  days 
without  repurchase,  the  corporation  shall  cause  to  be  set 
aside  sufficient  funds  to  repurchase  it  as  provided  herein. 
Shares  of  the  corporation  shall  be  issued  and  sold  by,  or  under 
the  direction  of,  the  board  of  directors  of  the  corporation  in 
such  amounts  and  at  such  times  as  the  directors  shall  deter- 
mine, subject  to  any  restrictions  imposed  in  the  by-laws; 
provided,  that  whenever  any  shares,  except  so  many  shares 
first  sold  out  of  the  initial  issue  as  will  be  sufficient  to  net  a 
total  of  not  more  than  one  hundred  and  twenty-five  thou- 
sand dollars,  which  shares  may  be  sold  at  private  sale  free 
from  any  requirement  as  to  offering,  are  issued  for  sale,  they 
shall  be  sold  only  b}^  offering  them  to  each  savings  bank,  and 
thereafter,  if  the  issue  is  oversubscribed,  by  allotment  among 
the  applicants  by  the  directors  in  such  manner  as  they  see 
fit,  subject  to  any  provisions  of  the  by-laws.  Any  savings 
bank  may  purchase  shares  from  another  holder,  and  any 
holder  of  shares  may  sell  them  to  any  savings  bank,  at  any 
time,  subject  to  any  I'estrictions  imposed  by  general  laws  or 
otherwise.  The  initial  sale  of  shares  by  the  corporation 
shall  be  at  a  price  which  will  net  the  corporation,  before  pay- 
ing any  taxes  in  connection  with  such  issuance  or  sale,  at 
least  one  thousand  dollars  per  share,  and  thereafter  shares, 
except  shares  of  which  the  repurchase  price  has  become  fixed 
after  thirty  daj^s  as  provided  in  this  section,  shall  be  sold 
and  repurchased  by  the  corporation  only  at  prices  equal  to 
the  net  asset  value  of  the  shares  outstanding,  such  net  asset 
value  to  be  determined  in  the  manner  provided  in  section 
five  and  as  of  a  time  as  near  as  is  feasible  to,  but  in  no  event 
more  than  ten  days  before  or  after,  the  date  of  offering  or 
sale,  or  the  date  of  repurchase,  as  the  case  may  be.  Subject 
to  the  foregoing  provisions  of  this  section,  the  corporation 
may  repurchase  shares  at  any  time  on  such  terms  and  sub- 
ject to  such  restrictions  as  may  be  provided  in  the  by-laws, 
but  such  shares  shall  be  cancelled  and  shall  not  be  resold. 
All  obUgations  incurred  in  the  conduct  of  the  business  shall 
be  charged  against  the  fund,  and  the  directors  shall  in  their 
discretion  determine  what  items  shall  be  charged  or  credited 
to  principal  and  income,  respectively,  all  as  they  shall  deem 
to  be  in  accordance  with  sound  accounting  practice. 

Section  4.  The  board  of  directors  shall  have  authority 
from  time  to  time  to  invest  the  funds  of  the  corporation,  and 
the  corporation  shall  have  powers  in  that  respect,  subject 
to  the  limitations  hereafter  stated,  as  follows:  — 

(a)  To  make  and  acquire  such  loans  secured  by  mort- 
gages on  real  property  situated  within  the  fimits  of  the  com- 


2.32  Acts,  1945.  —  Chap.  283. 

monwealth  as  the  federal  housing  administrator  insures,  or 
issues  a  commitment  to  insure,  and  to  obtain  such  insurance; 
to  collect  and  apply  payments  due  upon  and  otherwise  to 
service  any  such  mortgage  loan  originated  or  acquired  by  it 
and  with  respect  to  any  such  mortgage  loan  to  make  agree- 
ments with  any  mortgagees  approved  by  the  federal  housing 
administrator  to  collect  and  apply  payments  due  upon  and 
otherwise  to  service  or  contract  for  the  servicing  of  any  such 
mortgage  loan;  and  to  exercise  any  powers  and  to  do  any 
and  all  things,  including  the  acquisition,  by  foreclosure  or 
otherwise,  and  holding,  of  real  estate  and  its  sale  or  other 
disposal,  incidental  or  necessary  to  give  effect  to  this  author- 
ity. 

(b)  In  public  funds  authorized  for  savings  banks  as  set 
forth  in  clause  Second  of  section  fifty-four  of  chapter  one 
hundred  and  sixty-eight  of  the  General  Laws. 

(c)  In  bonds  and  other  evidences  of  indebtedness  of  cor- 
porations, associations  and  trusts,  including  guarantors  and 
assuming  obligors,  located  or  having  a  principal  place  of 
business  within  the  limits  of  the  forty-eight  states  of  the 
United  States  and  the  District  of  Columbia;  provided,  that 
such  bonds  or  other  evidences  of  indebtedness  are  not  in 
default  at  the  time  of  such  investment;  and  provided,  fur- 
ther, that  the  securities  in  question  or  other  comparable 
obligations  of  the  same  obligor  are  quoted  in  recognized 
securities  markets. 

TJie  corporation  shall  not  purchase  the  obligations  of  any 
one  obligor,  except  dinx;t  obligations  of  the.  United  States 
and  those  insured  by  the  federal  housing  administrator,  if 
such  purchase  at  the  time  thereof  would  cause  more  than 
five  per  cent  of  the  corporation's  assets  to  be  invested  in 
such  obligations.  The  corporation  shall  not  purchase  bonds 
having  a  yield  greater  than  two  and  one  half  per  cent  in 
excess  of  the  return  on  fully  taxable  United  States  govern- 
ment securities  of  approximately  similar  maturity  if  such 
purchase  at  the  time  thereof  would  cause  more  than  ten 
per  cent  of  the  corporation's  assets  to  be  invested  in  such 
bonds.  The  corporation  shall  have  no  power  to  borrow 
money. 

Section  5.  The  asset  value  of  each  share  of  the  cor- 
poration, except  shares  on  which  the  repurchase  price  has 
become  fixed  after  thirty  days  as  provided  in  section  three, 
shall  be  determined  by  the  board  of  directors  at  stated  in- 
tervals, not  less  often  than  once  a  month,  as  may  be  provided 
in  the  by-laws,  and  at  such  other  times  as  any  holder  of  a 
share  or  shares  shall,  by  a  separate  writing  on  each  occasion, 
request.  The  power  and  duty  to  determine  asset  value  may 
be  delegated  by  the  board  of  directors  from  time  to  time  to 
any  two  or  more  of  the  officers  and  directors  of  the  corpora- 
tion, or  to  any  custodian  appointed  pursuant  to  this  act. 
In  each  case  the  asset  value  shall  remain  effective  until  a 
new  asset  value  has  been  determined  and  become  effective. 
The  by-laws  may  provide  rules  for  the  determination  of 


Acts,  1945.  —  Chap.  283.  233 

such  asset  value,  including  a  specification  of  items  which 
are  to  be  considered  assets  and  liabilities  respectively,  and 
the  time  and  manner  of  their  valuation. 

Section  6.  The  corporation  shall  at  all  times  employ  a 
national  bank  located  in  the  commonwealth,  or  a  trust  com- 
pany organized  and  existing  under  the  laws  of,  and  located 
in,  the  commonwealth,  as  custodian,  with  authority  as  its 
agent,  but  subject  to  such  restrictions,  limitations  and  other 
requirements,  if  any,  as  ma}^  be  contained  in  the  by-laws  of 
the  corporation,  to  hold  the  securities  owned  by  the  corpora- 
tion and  deliver  them  upon  written  order;  to  receive  and 
receipt  for  any  moneys  of  or  due  to  the  corporation  and 
deposit  them  in  its  own  banking  department,  or  with  another 
bank  or  trust  company  as  above  described,  as  the  board  of 
directors  may  direct;  and  to  disburse  such  funds  upon  orders 
or  vouchers;  and  the  corporation  may  also  employ  such 
custodian  as  its  agent  to  keep  the  books  and  accounts  of 
the  corporation  and  furnish  clerical  and  accounting  service, 
and  to  compute  the  asset  value  of  the  shares  of  the  corpora- 
tion in  accordance  with  the  provisions  of  section  five,  all 
upon  such  basis  of  compensation  as  may  be  agreed  upon 
between  the  corporation  and  the  custodian. 

Section  7.  The  board  of  directors  ma}^  in  their  discretion 
from  time  to  time  enter  into  an  investment  advisory  or 
management  contract  whereb}-  the  other  party  to  such  con- 
tract shall  undertake  to  furnish  to  the  board  of  directors  such 
investment  advisory,  statistical  and  research  facilities  and 
services  and  such  other  facilities  and  services,  if  any,  and 
all  upon  such  terms  and  conditions,  as  the  directors  may  in 
their  discretion  determine;  provided,  that  such  contract  has 
been  approved  by  the  incorporators  and  (1)  precisely 
prescribes  all  compensation  to  be  paid  thereunder;  (2)  shall 
continue  in  effect  for  a  period  more  than  two  years  from  the 
date  of  its  execution  only  so  long  as  such  continuance  is 
specifically^  approved  at  least  annually  by  the  board  of 
directors;  (3)  provides,  in  substance,  that  it  may  be  termi- 
nated at  any  time,  without  the  payment  of  an^^  penalty, 
by  the  board  of  directors  or  the  incorporators,  on  not  more 
than  sixty  days'  written  notice  to  the  investment  adviser; 
and  (4)  provides,  in  substance,  for  its  automatic  termination 
in  the  event  of  its  assignment  by  the  investment  adviser. 

Section  8.  The  board  of  directors  may  from  time  to 
time  declare  and  pay  dividends,  and,  subject  to  the  limita- 
tions contained  in  this  section  and  in  section  three,  the 
amount  of  such  dividends  and  the  payment  of  them  shall  be 
wholly  in  the  discretion  of  the  board  of  directors.  The 
directors  in  declaring  a  dividend  may  fix  a  record  date  not 
earlier  than  the  date  of  declaration  as  of  which  the  share- 
holders entitled  to  receive  such  dividend  shall  be  determined, 
notwithstanding  any  transfer  or  the  repurchase  or  issuance 
of  any  shares  occurring  after  such  record  date.  Ordinary 
dividends  shall  he  paid  only  out  of  undistributed  net  income 
which  may  include  accumulations  from  prior  years.    To  tliis 


234  Acts,  1945.  —  Chap.  283. 

account  shall  be  credited  the  gross  earnings  of  tlic  corpora- 
tion, inchiding  all  interest  income,  but  excluding  all  capital 
gains  whether  realized  or  unreaUzed,  and  against  this  account 
shall  be  charged  all  current  expenses  and  taxes,  except  taxes 
allocated  to  capital  gains,  but  excluding  all  capital  losses 
whether  realized  or  unrealized.  Other  adjustments  if  any 
shall  be  made  as  the  board  of  directors  shall  deem  to  be  in 
accordance  with  good  accounting  practice. 

Dividends  may  also  be  paid  out  of  net  realized  capital 
gains,  to  the  date  of  declaration,  of  the  year  in  which  the 
dividend  is  paid,  or  out  of  any  excess  of  undistributed  net 
realized  capital  gains  of  previous  years  over  any  net  realized 
capital  losses  of  the  current  year  to  date  of  declaration;  but 
the  shareholders  shall  be  informed,  at  or  before  the  time  of 
payment  thereof,  that  such  dividends  are  paid  from  the 
foregoing  sources,  and  the  shareholders  may  use  such  dis- 
tributions only  to  mark  down  the  book  value  of  their  par- 
ticipation. 

Inasmuch  as  the  computation  of  net  income  and  capital 
gains  for  federal  income  tax  purposes  may  vary  from  the 
computation  thereof  on  the  books,  the  above  provisions  shall 
be  interpreted  to  give  the  directors  the  power  in  their  dis- 
cretion to  distribute  in  any  year  as  dividends,  including 
capital  gain  dividends,  amounts  sufficient  to  enable  the 
corporation  as  a  regulated  investment  company  to  avoid 
any  hability  for  federal  income  tax  in  respect  of  that  year. 
The  directors  shall  be  entitled  to  rely  upon  estimates  made 
in  the  last  two  months  of  the  year  as  to  the  amounts  of 
distributions  necessary  for  this  purpose. 

Dividends  may  also  be  declared  out  of  any  available  net 
assets  of  the  fund,  but  any  dividends  declared  except  as 
provided  in  the  preceding  paragraphs  of  this  section  shall 
be  deemed  liquidating  dividends  and  the  shareholders  shall 
be  so  informed. 

Section  9.  The  board  of  directors  shall  at  least  semi- 
annually submit  to  the  shareholders  and  the  commissioner 
of  banks  a  written  financial  report  of  the  corporation,  in- 
cluding financial  statements  which  shall  at  least  annually  be 
certified  bj^  independent  public  accountants.  Such  reports 
shall  also  show  all  the  securities  bought  and  sold  during  the 
period  covered  by  the  report.  Any  shareholder  shall  have 
the  right  to  inspect  the  books  and  records  of  the  corporation 
at  such  times  within  business  hours,  and  in  such  manner, 
as  may  be  reasonable.  The  corporation  shall  b(>  subject  to 
(he  supervision  of  the  commissioner  of  banks  within  the 
meaning  of  section  one  of  chapter  one  hundred  and  sixty- 
seven  of  the  General  Laws. 

Section  10.  No  incorporator  or  director  of  the  corpora- 
tion shall  in  any  event  be  individually  liable  for  anything 
done  or  for  any  liability  incurred  or  assumed  by  virtue  of 
this  act  except  by  reason  of  his  own  wilful  malfeasance,  bad 
faith,  gross  negligence  or  reckless  disregard  of  the  duties 
involved  in  the  conduct  of  his  office. 


Acts,  1945. -- C^iiap.  284.  2'S6 

Skcjion  11.  Tlie  corporation  ;ind  its  property  nliall  Ix' 
exempt  from  all  taxes  imposed  by  the  commonwealth  or  any 
subdivision  thereof  except  local  taxes  on  real  estate  and 
tangible  pei*sonal  property,  and  taxes  on  stock  transfers. 

Section  12.     Section  fifty-four  of  chapter  one  hundred  Ed.^.iss' 
and  sixt3'-eight  of  the  General  Laws,  as  amended,  is  hereby  §  54."  etc ' 
further  amended  b}'  inserting  after  clause  Seventh  the  fol-  ''""'"' 
lowing  clause :  — 

Seventh  A.     In  the  shares  of  beneficial  interest  of  the  investmonts 
Savings  Bank  Investment  Fund;    provided,  that  not  more  Banrinv^st- 
than  ten  per  cent  of  the  deposits  and  of  the  income  derived  """"'  ^""''• 
therefrom  shall  be  so  invested  by  any  one  savings  bank. 

Approved  May  10,  1945. 


An  Act  relative  to  certain  lines,   poles  and  other  ('/ifip  284 

EQUIPMENT  OF  THE  NEW  ENGLAND  TELEPHONE  AND 
TELEGRAPH  COMPANY,  THE  AMERICAN  TELEPHONE  AND 
TELEGRAPH  COMPANY,  THE  WESTERN  UNION  TELEGRAPH 
COMPANY  AND  THE  WESTERN  MASSACHUSETTS  ELECTRIC 
COMPANY   IN   THE   CITY   OF  SPRINGFIELD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  All  lines  for  the  transmission  of  intelligence 
by  electricity  heretofore  acquired  or  constructed  by  the 
New  England  Telephone  and  Telegraph  Company,  the 
American  Telephone  and  Telegraph  Company  and  the 
Western  Union  Telegraph  Company  in  the  city  of  Spring- 
field, and  all  lines  for  the  transmission  of  electricity  for  light, 
heat  or  power  heretofore  acquired  or  constructed  by  the 
Western  Massachusetts  Electric  Company  in  said  city,  upon, 
along  or  over  the  public  ways  and  places  of  said  city,  and 
the  poles,  piers,  abutments  and  other  fixtures  necessary  to 
sustain,  protect  or  operate  the  wires  of  said  lines  and  actually 
in  place  on  the  effective  date  of  this  act,  are  hereby  made 
lawful  notwithstanding  the  lack  of  any  valid  locations 
therefor  or  any  informality  in  the  proceedings  relative  to 
their  location  and  erection;  provided,  that  the  validation 
aforesaid  shall  not  be  effective  as  to  the  lines,  structures  or 
fixtures  aforesaid  of  any  of  said  companies  in  said  city  unless 
the  company  owning  the  same  shall,  not  later  than  December 
thirty-first,  nineteen  hundred  and  forty-six,  file  with  the 
clerk  of  said  city  a  map  or  maps  showing  the  location  and 
nature  of  said  lines,  structures  and  fixtures  in  said  city,  such 
map  or  maps  so  filed  to  be  recorded  and  kept  with  the 
records  of  original  locations  for  poles  and  wires  in  said  city. 

Section  2.    This  act  shall  take  full  effect  upon  its  passage. 

Approved  May  12,  1945. 


236 


Acts,  1945.  —  Chap.  285. 


(  'Im }>.2S!')  An    Act    iMa)vr?)iN(;    von.   twk    creation    ov    liens    upon 

MERCHANDISE      WITHOUT      THE      NECESSITV       OF      CUSTODY 
OR   POSSESSION   IN   THE   LIENEE. 


Kniergency 
prcaniljle. 


(i.  U.  (Ter. 

Kd.),  •■ir,r>, 

new  §§40  to 
17,  added. 


Cortain  term 
defined. 


Factor  to  have 
lien  in  certain 

ea.ses. 


Whereas,  The  period  of  reconversion  of  industries  appears 
to  be  near  and  the  provisions  of  this  act  will  greatly  aid  in 
the  process  of  such  reconversion  and  should  be  immediately 
effective,  therefore  this  act  is  hereby  declared  to  be  an 
emergency  law,  necessary  for  the  immediate  preservation  of 
the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  two  hundred  and  fifty-five  of  the  General  Laws 
is  hereby  amended  by  adding  after  section  thirty-nine,  as 
appearing  in  the  Tercentenary  Edition,  under  the  caption 
LIENS  UPON  MERCHANDISE,  the  eight  following  sec- 
tions :  —  Section  40.  Wherever  used  in  sections  forty-one 
to  forty-seven,  inclusive,  the  term  "merchandise"  shall  mean 
materials,  goods  in  process  and  finished  goods  intended  for 
sale,  whether  or  not  requiring  further  manufacturing  or 
processing,  but  shall  not  include  machinery,  equipment  or 
other  trade  fixtures  of  the  borrower;  the  terms  "factor"  and 
"factors",  wherever  so  used,  shall  mean  persons,  firms, 
banks  and  corporations  and  their  successors  in  interest  who 
advance  money  on  the  security  of  merchandise,  whether  or 
not  they  are  employed  to  sell  such  merchandise;  and  the 
term  "borrower",  wherever  so  used,  shall  mean  the  owner 
of  merchandise,  or  his  agent,  who  creates  a  lien  in  favor  of 
a  factor. 

Section  4i  ■  If  so  provided  by  any  written  agreement 
with  the  borrower,  a  factor  shall  have  a  lien  upon  such 
merchandise  of  the  borrower  as  is  from  time  to  time  after 
the  execution  of  said  written  agreement  designated  in  one 
or  more  separate  written  statements  dated  and  signed  by 
the  borrower  and  delivered  to  the  factor,  without  such 
merchandise  being  taken  into  the  constructive  or  actual 
possession  or  custody  of  the  factor  or  of  a  third  person  for 
the  account  of  the  factor,  and  such  lien  shall  secure  the 
factor  for  all  his  loans  and  advances  to  or  for  the  account  of 
the  borrower,  together  with  interest  thereon,  and  also  for 
the  commissions,  obligations,  indebtedness,  charges  and 
expenses  properly  chargeable  against  or  due  from  said  bor- 
rower and  for  the  amounts  due  or  owing  upon  any  notes  or 
other  obligations  given  to  or  received  by  the  factor  for  or 
upon  account  of  any  such  loans  or  advances,  interest,  com- 
missions, obligations,  indebtedness,  charges  and  expenses. 
Such  lien  shall  be  valid  from  the  time  of  filing  the  notice 
hereinafter  and  in  sections  forty-two  to  forty-seven,  inclusive, 
referred  to,  whether  such  merchandise  shall  be  in  existence 
at  the  time  of  the  execution  of  the  written  agreement  pro- 
viding for  the  creation  of  the  lien  or  at  the  time  of  filing 
such  notice  or  shall  come  into  existence  subsequently  thereto 
or  shall  subsequently  thereto  be  accjuired  by  the  borrower; 


Acts,  1945.  —  Chap.  28-").  237 

provided,  that  within  the  time  limited  in  section  forty-two 
for  the  recording  of  the  notice  of  Hen  there  shall  be  placed 
on  the  door  of,  or  in  a  conspicuous  place  at,  one  of  the  prin- 
cipal entrances  of  the  place  of  business  at  which  such  mer- 
chandise shall  be  located,  kept  or  stored,  the  name  of  the 
factor  in  legible  lettering  in  the  English  language  and  a 
designation  of  said  factor  as  factor;  and  provided,  further, 
that  a  notice  of  the  lien  is  filed  as  provided  in  section  forty- 
two  stating: 

(a)  The  name  of  the  factor ;    the  name  under  which  the  Notice  of  lien 
factor  does  business,  if  an  assumed  name;    the  principal  n°uii°"of"' 
place  of  business  of  tlie  factor  within  the  commonwealth,  or,  f^"*"""-  "tc. 
if  he  has  no  place  of  business  within  the  commonwealth,  his 
principal  place  of  business  outside  the  commonwealth;  and, 
if  the  factor  is  a  partnership  or  "association,  the  name  of 
the  partners,  and  if  a  corporation,  the  state  under  whose 
laws  it  was  organized. 

(6)  The  name  of  the  borrower;    the  name  under  which  Name  ..f 
the  borrower  does  business,  if  an  assumed  name;   the  prin-  '^"''''""'''"■ 
cipal  place  of  business  of  the  borrower  within  the  common- 
wealth, or,  if  he  has  no  place  of  business  within  the  com- 
monwealth,   the    principal    place   or   places   at    which    the 
merchandise  shall  be  located  or  stored. 

(c)  The  general  character  of  merchandise  subject  to  the  ciKirurtcr  of 
lien,  or  which  may  become  subject  thereto,  and  the  period  ""''"'■''^""''s^" 
of  time  during  which  such  loans  or  advances  may  be  made 
under  the  terms  of  the  written  agreement  providing  for  such 
loans  or  advances  and  for  such  lien.  Amendments  of  the 
notice  may  be  filed  from  time  to  time  in  the  same  manner 
to  record  any  changes  in  the  information  contained  in  the 
original,  subsequent  or  amended  notices. 

Section  1^2.     Such  notice  of  lien  shall  be  verified  by  the  Notice  of  iicn 
factor  to  the  effect  that  the  statements  therein  contained  withTstiu- 
are  true  to  the  best  of  the  factor's  knowledge,  and  shall,  secretary. 
within  ten  days  from  the  date  of  the  written  agreement 
providing  for  the  creation  of  said  lien,  be  filed  with  the  state 
secretary,  who  shall  cause  each  notice  of  lien  filed  to  be 
marked  with  a  consecutive  file  number  and  with  the  date 
and  hour  of  filing,  to  be  kept  in  a  separate  file,  and  to  be 
noted  and  indexed  in  a  suitable  index,  arranged  according 
to  the  name  of  the  borrower  and  containing  a  notation  of 
the  factor's  chief  place  of  business  as  given  in  the  notice  of 
lien.     The  fee  for  filing  any  such  notice  shall  be  one  dollar. 

Section  4-3.  Upon  such  filing  and  posting,  the  lien  of  the  i-ien  to  attach 
factor  shall  be  effectual  upon  and  attach  to  the  property  TnoUce"^ 
from  time  to  time  designated  in  the  written  statements  pro- 
vided for  in  section  forty-one,  as  against  all  claims  of  un- 
secured creditors  of  the  borrower  and  as  against  subsequent 
liens  of  creditors,  except  that  specific  liens  arising  out  of 
contractual  acts  of  the  borrower  with  reference  to  the 
processing,  warehousing,  ship])ing  or  otherwise  dealing  with 
the  merchandise  in  the  usu.'tl  course  of  the  borrower's  busi- 
ness, preparatory  to  thc^ir  sale,  shall  attach  against  the  lien 


238 


Acts,  1945.  —  Chap.  285. 


Certificate  of 
disoharge 
of  lien. 


Provisions  of 
§§  40  to  47 
uniited. 


Optional 
provisioiiH 


Sections 
declared  to 
he  sevenible. 


of  the  factor  in  said  merchandise,  whether  or  not  fihng  or 
posting  has  occurred  under  sections  forty  to  forty-seven, 
inclusive;  but  this  section  shall  not  obligate  the  factor  per- 
sonally for  any  debt  secured  by  such  lien,  nor  shall  it  be 
construed  to  include  the  lien  of  a  landlord.  When  mer- 
chandise subject  to  the  lien  provided  for  by  sections  forty 
to  forty-seven,  inclusive,  is  sold  in  the  ordinary  course  of 
the  business  of  the  borrower,  the  purchaser  shall  take  the 
said  merchandise  free  and  clear  of  the  lien,  whether  or  not 
he  has  knowledge  of  the  existence  thereof. 

Section  44-  Upon  the  payment  or  satisfaction  of  the  in- 
debtedness secured  by  any  lien  specified  in  sections  forty 
to  forty-seven,  inclusive,  the  factor  or  his  legal  representa- 
tive, upon  the  request  of  any  person  interested  in  the  said 
merchandise  shall  sign  and  acknowledge  a  certificate  setting 
forth  such  payment  or  satisfaction.  The  state  secretary 
shall  on  receipt  of  such  certificate,  or  a  copy  thereof,  certi- 
fied as  required  by  law,  file  the  same  in  the  file  in  which  the 
original  notice  of  lien  was  entered.  The  fee  for  filing  such 
certificate  of  discharge  shall  be  one  dollar.  All  notices  of 
lien  shall  be  deemed  to  be  and  remain  in  full  force  and 
effect  under  said  sections  without  further  or  other  filing 
until  the  certificate  of  discharge  hereinabove  referred  to 
shall  have  been  filed. 

Section  4^-  Sections  forty  to  forty-seven,  inclusive,  sliall 
not  apply  to  transactions  of  bailment,  pledge  or  consign- 
ment, in  which  the  merchandise  is  in  the  actual  or  con- 
structive possession  or  custody  of  the  factor,  or  in  the  actual 
or  constructive  possession  or  custody  of  a  third  person  for 
the  account  of  the  factor,  and  in  such  transactions  and  in 
any  transaction  under  which  the  factor  shall  not  comply 
with  the  filing  and  posting  requirements  of  sections  forty 
to  forty-seven,  inclusive,  the  factor  shall  have  such  security 
interest  or  lien  rights  in  the  merclumdise  as  shall  accrue  to 
the  factor  under  the  statutory  and  common  law  as  it  other- 
wise exists. 

Section  46.  As  to  any  transactions  falling  within  the  pro- 
visions both  of  sections  fortj^  to  f ortj^-se ven ;  inclusive,  and 
of  any  other  provisions  of  law  requiring  or  permitting  filing 
or  recording,  the  factor  shall  not  be  required  to  comply  with 
both,  but  b.y  complying  with  the  provisions  of  either,  at  the 
factor's  election,  may  have  the  protection  given  by  the  pro- 
visions complied  with. 

Section  47.  If  any  provision  of  sections  forty  to  forty- 
seven,  inclusive,  or  the  application  thereof  to  any  person 
or  circumstances  is  held  invalid,  such  invalidity  shall  not 
affect  other  provisions  or  applications  of  said  sections  which 
can  be  given  effect  without  the  invalid  provision  or  applica- 
tion, and  to  this  end  the  provisions  of  said  sections  are 
declared  to  be  severable.  Approved  May  12,  1945, 


Acts,  1945.  —  Chaps.  286,  287,  288.  239 

An  Act  requiring  the  city  of  lawrence  to  repay  to  C hap. 2S6 

CERTAIN  permanent  MEMBERS  OF  ITS  FIRE  DEPARTMENT 
THE  CONTRIBUTIONS  MADE  BY  THEM  TO  THE  CONTRIBUTORY 
RETIREMENT  SY'STEM  OF  SAID  CITY,  AND  ESTABLISHING  THE 
RETIREMENT  RIGHTS  OF  SUCH  MEMBERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  retirement  board  of  the  city  of  Lawrence 
is  hereby  authorized  and  directed  to  pay  over  to  Frank  J. 
Ford,  Raymond  C.  Barcroft,  Francis  J.  Walsh,  Augustine 
J.  Reusch,  Ernest  Mills,  John  J.  Downs,  Thomas  E.  Silke, 
Thomas  L.  Carey,  Raymond  J.  McCartin,  James  D.  Sam- 
bataro,  Joseph  Finnegan,  Samuel  R.  Higton,  Jr.,  and  John 
F.  Danahy,  all  permanent  firemen  of  the  city  of  Lawrence, 
all  deductions  withheld  from  their  wages  as  such  firemen  on 
accovmt  of  the  membership  of  each  of  the  aforesaid  firemen 
in  the  contributory  retirement  system,  so  called,  established 
by  virtue  of  sections  twenty-six  to  thirty-one  H,  inclusive, 
of  chapter  thirty-two  of  the  General  Laws,  and  the  names  of 
said  firemen  shall  be  stricken  from  the  rolls  of  the  retirement 
board  of  the  city  of  Lawrence  as  members  of  the  contributory 
i-etirement  system,  so  called.  Each  of  the  aforesaid  firemen 
shall  be  entitled  to  the  benefits  of  pension  or  retirement 
allowances  provided  for  firemen  under  sections  eighty  to 
eighty- three,  inclusive,  and  section  eighty-nine,  of  said  chap- 
ter thirty- two  of  the  General  Laws. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  12,  1945. 


An  Act  authorizing  the  conveyance  to  the  town  of  Chap.2H7 

CONCORD  BY  THE  TRUSTEES  OF  PUBLIC  RESERVATIONS 
OF  CERTAIN  LAND  OWNED  BY  THEM. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  Trustees  of  Public  Reservations,  incor- 
porated by  chapter  three  hundred  and  fifty-two  of  the  acts 
of  eighteen  hundred  and  ninety-one,  are  hereby  authorized 
to  convey  to  the  town  of  Concord,  in  consideration  of  two 
hundred  and  fifty  dollars,  a  parcel  of  land  in  said  town  owned 
by  said  trustees,  consisting  of  one  and  thirty-seven  hun- 
dredths acres  and  bounded  by  Monument  street,  Simmons 
Landing  lane,  Great  Meadows  road  and  the  Battle  Ground 
Parking  Space,  so  called. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  12,  194-5. 


An   Act   exempting   sales   of   shares   of   certain   co-  Chap. 2SS 

OPERATIVE   CORPORATIONS   FROM   THE   SALE   OF  SECTTRITTES 
LAW,    SO    CALLED. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  three  of  chapter  one  himdred  and  ^V  ^^^o^' 
ten  A  of  the  General  Laws,  as  appearing  in  section  one  of  §  3",  etc., 

amended. 


240 


Acts,  1945.  —  Chaps.  289,  290. 


Exenipted 
securities,  etc 


G.  L.  (Ter. 
Ed.).  IIOA. 
§  3,  etc.,  fur- 
ther amondc( 


Certain  sale; 
may  be  for- 
bidden by 

eoniniissiou. 


chapter  two  hundred  and  ninety  of  the  acts  of  nineteen  hun- 
dred and  thirty-two,  is  hereby  amended  by  inserting  after 
paragraph  (i)  the  following  paragraph :  — 

{i}/^)  Any  sale  of  shares  or  securities  of  any  corporation 
incorporated  under  chapter  one  hundred  and  fifty-seven 
whose  authorized  capital  stock  does  not  exceed  fifty  thou- 
sand dollars;  provided,  that  no  expenditure  shall  be  made 
by  or  on  behalf  of  such  corporation  in  connection  with  the 
issue  or  sale  of  such  shares  or  securities  other  than  the  actual 
expenses  of  organization,  calling  or  holding  meetings  of  in- 
corporators or  shareholders,  printing,  mailing  and  taxes. 

Section  2.  Said  section  three  of  said  chapter  one  hun- 
dred and  ten  A,  as  so  appearing,  is  hereby  further  amended 
by  striking  out  the  last  paragraph  and  inserting  in  place 
thereof  the  following  paragraph :  — 

The  commission  may  for  cause  forbid  any  sale  exempted 
under  the  provisions  of  paragraphs  (c),  (d),  (e),  (/),  (g),  (h), 
(0>  (*3^)  and  {j)  of  this  section,  and  such  sale  shall  not  there- 
after be  made  except  as  the  commission  may  determine. 

Approved  May  12,  1945. 


G.  L.  (Ter. 
Ed.),  35,  §  ; 
amended. 


.\ppointnieiit 
of  assistant 
treasurers  in 
pertain 
counties. 


Chop. 2S9  An   Act   authorizing   certain   county   treasurers   to 

APPOINT    assistant    TREASURERS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  thirty-five  of  the  General  Laws  is  hereby  amended 
by  striking  out  section  two,  as  appearing  in  the  Tercentenary 
Edition,  and  inserting  in  place  thereof  the  following  section: 
—  yection  2.  In  any  county,  except  Suffolk  and  Nantucket, 
the  count}'  treasurer  may  appoint  an  assistant  in  his  office, 
who  has  .served  therein  for  at  least  one  j^ear,  as  assistant 
treasurer,  removable  at  his  pleasure.  The  assistant  treasurer 
shall  give  bond,  and  the  provisions  of  the  second  sentence  of 
section  three  shall  apply  to  such  bond. 

If  the  treasurer  is  unable  to  act,  the  assistant  treasurer 
shall  perform  his  duties.  If  both  the  treasurer  and  the 
assistant  treasurer  are  unable  to  act,  the  count}'^  commis- 
sioners may  appoint  a  temporary  treasurer,  who  shall  hold 
office  until  the  treasurer  or  assistant  treasurer  is  able  to 
resume  his  duties.  The  temporary  treasurer  shall  give  bond, 
and  the  provisions  of  the  second  sentence  of  section  three 
shall  apply  to  such  bond.  Approved  May  12,  194o. 


Chap. 290  An    Act    relative    to    the    disposition    of    unclaimed 
money  and  property  ov  former  prisoners. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  ninety -six  A  of  chapter  one  hundred  and  twenty- 
seven  of  the  General  Laws,  inserted  by  chapter  three  hun- 
dred and  eighty-three  of  the  acts  of  nineteen  hundred  and 
thirty-six,  is  hereby  amended  b}'  inserting  after  the  word 
"who"  in  the  third  line  the  words:  —  have  died  or,  —  and 


G.  L.  (Tor. 
Ed.),  127, 
§  96A,  etc., 
amended. 


.   Acts,  1945.  —  Chap.  291.  241 

by  striking  out,  in  the  fifth  line,  the  word  "ten"  and  in- 
serting in  place  thereof  the  word: — two,  -  so  as  to  read 
as  follows:  —  Section  90A.  So  much  of  any  funds  as  rep-  oisDosition  nf 
resent  monies  belonging  to,  or  deposited  for  the;  benefit  of,  funda''^?c., 
prisoners  who  have  died  or  have  been  discharged  or  have  of  former 
escaped  from  any  state  penal  or  reformatory  institution, 
which  shall  have  remained  unclaimed  for  more  than  two 
years,  shall  be  paid  by  the  warden  or  superintendent  of 
such  institution  to  the  state  treasurer  to  be  held  subject  to 
be  paid  to  the  person  establishing  a  lawful  right  thereto, 
with  interest  at  the  rate  of  three  per  cent  per  annum  from 
the  time  when  it  was  so  paid  to  the  state  treasurer  to  the 
time  when  it  is  paid  by  him  to  such  person.  After  six  years 
from  the  date  when  any  such  monies  were  paid  to  the  state 
treasurer  the  same  or  any  balance  thereof  then  remaining  in 
his  hands  may  be  used  as  a  part  of  the  ordinary  revenue  of 
the  commonwealth.  Any  person  may,  however,  estabhsh 
his  claim  after  the  expiration  of  the  six  years  above  men- 
tioned and  an}'  claim  so  established  shall  be  paid  from  the 
ordinary  revenue  of  the  commonwealth.  An}-  person  claim- 
ing a  right  to  money  deposited  with  the  state  treasurer 
under  this  section  may  estabhsh  the  same  by  a  petition  to 
the  probate  court;  provided,  that,  in  cases  where  claims 
amount  to  less  than  fifty  dollars,  the  claims  ma}'  be  presented 
to  the  comptroller,  who  shall  examine  the  same  and  allow 
and  certify  for  payment  such  as  may  be  proved  to  his 
satisfaction.  Approved  May  12,  J94-'>. 


An  Act  permitting  the  inspection  of  hospital  records  nj.Qjj  OQl 

BY   A   PATIENT   OR   HIS   ATTORNEY   AND   THE    OBTAINING    OF  '   ' 

COPIES   OF   SUCH    RECORDS. 

Be  it  enacted,  etc.,  as  follows: 

Section  seventy  of  chapter  one  hundred  and  eleven  of  the  g.  l.  (Tor. 
General  Laws,  as  most  recently  amended  by  section  one  of  §'70,' etc.,' 
chapter  three  hundred  and  eighty-nine  of  the  acts  of  nine-  •'""■"'''•'• 
teen  hundred  and  forty-one,  is  hereby  further  amended  by 
inserting  after  the  word   "that"  in  the  twenty-third  line 
the  following:  —  such  records  and  similar  records  kept  in  the 
custody  of  the  person  in  charge  of  the  hospital  may  be  in- 
spected by  the  patient  to  whom  they  relate,  or  by  his  attorney 
upon  delivery  of  a  written  authorization  from  the  said  patient, 
and  a  copy  shall  be  furnished  upon  his  request  and  the  pay- 
ment of  a  reasonable  fee;   and  provided,  further,  that,  —  so 
as  to  read  as  follows:  —  Section  70.    Hospitals  supported  in  inspection  of 
whole  or  in  part  by  contributions  from  the  commonwealth  piuirrecoTris 


or  from  any  town,  incorporated  hospitals  offering  treatment  '"eKuintod. 
to  patients  free  of  charge,  and  incorporated  hospitals  con- 
ducted as  public  charities  shall  keep  records  of  the  treatment 
of  the  cases  under  their  care  and  the  medical  history  of 
the  same.  Such  records  may  be  made  in  handwriting,  or  in 
print,  or  by  typewriting,  or  by  the  photographic  or  micro- 


242  Acts,  1945.  —  Chap.  292. 

))hotx)giaphic  process,  or  by  any  combination  of  the  same. 
Whenever  pre-existing  hospital  records  shall  have  been  pho- 
tographed or  micro-photographed  and  the  photographs  or 
micro-photographs  shall  have  been  duly  indexed  and  filed 
by  the  hospital,  the  person  in  charge  of  the  hospital,  upon 
notifying  in  writing  the  supervisor  of  public  records  referred 
to  in  chapter  sixty-six,  may  destroy  the  original  records 
so  photographed  or  micro-photographed,  and  such  photo- 
graphs or  micro-photographs  shall  have  the  same  force  and 
effect  as  the  original  records  from  which  they  were  made. 
Such  records  and  similar  records  kept  prior  to  April  twenty- 
fifth,  nineteen  hundred  and  five,  shall  be  in  the  custody  of  the 
person  in  charge  of  the  hospital.  Section  ten  of  chapter 
sixty-six  shall  not  apply  to  such  records;  provided,  that  such 
records  and  similar  records  kept  in  the  custody  of  the  person 
in  charge  of  the  hospital  may  be  inspected  by  the  patient 
to  whom  they  relate,  or  by  his  attorney  upon  delivery  of  a 
written  authorization  from  the  said  patient,  and  a  copy  shall 
be  furnished  upon  his  request  and  the  payment  of  a  reason- 
able fee;  and  provided,  further,  that  upon  proper  judicial 
order,  whether  in  connection  with  pending  judicial  pro- 
ceedings or  otherwise,  or,  except  in  the  case  of  records  of 
hospitals  under  the  control  of  the  department  of  mental 
health,  upon  order  of  the  head  of  the  state  department 
having  supervision  of  such  hospital,  and  in  compliance  with 
the  terms  of  said  order,  such  records  may  be  inspected  and 
copies  furnished  on  payment  of  a  reasonable  fee. 

Approved  May  12,  1945. 


Ch(ip.292  An  Act  making  changes  in  the  laws  relative  to  annual 

REPORTS  OF  STATE  OFFICERS  AND  DEPARTMENTS  WHICH 
HAVE  BECOME  NECESSARY  OR  ADVISABLE  BY  REASON  OF 
THE  AMENDMENT  TO  THE  CONSTITUTION  PROVIDING  FOR 
ANNUAL  SESSIONS  OF  THE  GENERAL  COURT  AND  FOR  AN 
ANNUAL  BUDGET  AND  FOR  CERTAIN  OTHER  CORRECTIVE 
CHANGES    IN    SUCH    LAWS. 

Be  it  enacted,  etc.,  as  follows: 

F'd)'7^l^M  Section  1.     Chapter  seven  of  the  General  Laws  is  hereby 

etc!, 'amended,    amended  by  striking  out  section  thirty-three,  as  amended  by 
section  one  of  chapter  four  hundred  and  ninety-nine  of  the 
acts  of  nineteen  hundred  and  thirty-nine,  and  inserting  in 
Annual  report    place  thcrcof  the  foUowing  section :  —  Section  38.     The  com- 
onaXli'ni'B-""    mission  shall,  annually  on   or  before   the  second  Wednes- 
c'^alfce  '^"'^        ^^y  ^^  January,  submit  to  the  general  court  a  printed  abstract 
of  its  annual  report,  exhibiting  a  full  and  accurate  statement 
of  the  financial  condition  and  transactions  of  the  common- 
wealth for  the  preceding  fiscal  year;   and  as  soon  as  may  be 
after  said  second  Wednesday  in  January  it  shall  deposit  its 
annual  report  with  the  state  secretary. 
Ed V' 10 In         Section  2.    Section  eleven  of  chapter  ten  of  the  General 
e«c!, 'amended'.    Laws,  as  amended  by  section  two  of  said  chapter  four  hun- 


Acts,  1945.  —  Chap.  292.  243 

rirod  and  ninety-nine,  is  hereby  further  amended  l>y  strikinjj; 
out,  in  the  first  and  second  fines,  the  words  "in  each  odd- 
numbered  3'ear"  and  inserting  in  place  thereof  the  word:  — 
anmially,  —  and  also  by  striking  out,  in  the  third  and  fourth 
lines,  the  words  "and  in  each  even-numbered  year  on  or 
before  October  first  thereof",  —  so  as  to  read  as  follows:  — 
Section  11.  He  shall  annually  as  soon  after  the  })roroji;ation  Publication  of 
of  the  general  court  as  is  practicable^,  publish  a  statement  mwu'»"reiatito 
showing  the  assessments  foi-  interest,  sinking  fund  and  main-  J;',f;fi*^t"j'"l.'' 
tenance  requirements  due  from  towns  in  the  metropolitan 
sewerage  systems,  north  and  south,  metropolitan  parks  and 
water  districts;  a  statement  showing  the  several  classes  of 
debts  incurred  for  metropolitan  district  purposes,  and  the 
share  of  the  towns  in  th(;  several  districts  as  measured  l)y 
the  basis  used  in  computing  the  assessments  mentioned  in 
the  first  statement;  and  such  other  statements,  if  any,  as 
he  may  deem  advisable.  The  expense  of  printing  shall  be 
apportioned  and  paid  in  equal  parts  from  the  maintenance 
funds  of  the  sewerage  systems,  north  and  south,  the  parks 
system  and  water  system. 

Section  3.  Section  eleven  of  chapter  twelve  of  the  Gen-  g,  r..  (Ter. 
eral  Laws,  as  amended  by  section  three  of  said  chapter  four  j^tllamoiKioiV. 
hundred  and  ninet3^-nine,  is  hereby  further  amended  by 
inserting  after  the  word  "to"  in  the  fourth  line  the  words: 
—  the  amendment  and,  —  and  also  by  striking  out,  in  the 
fifth,  sixth  and  seventh  lines,  the  words  "and  in  his  report 
for  a  fiscal  year  ending  in  an  even-numbered  year  shall 
include  recommendations  for  amendments  thereof",  —  so  as 
to  read  as  follows:  —  Section  11.  He  shall  make  an  annual  Annual  .eport 
report  showing  the  number  of  cases  tried,  argued  or  con-  K^mr "i'.'"^ 
ducted  b}'^  him  during  the  preceding  fiscal  year,  with  sugges- 
tions and  recommendations  as  to  i\\v  amendment  and  the 
proper  and  economical  administration  of  the  laws.  He  shall 
include  in  his  annual  report  a  statement  of  his  acts  under 
section  nine,  with  suggestions  and  recommendations  relative 
thereto.  He  ma}^,  with  the  approval  of  the  governor  and 
council,  prepare  and  publish  such  reports  of  capital  trials 
as  he  deems  expedient  for  public  use.  One  copy  shall  be 
sent  to  each  public  and  law  library  in  the  commonwealth, 
and  the  balance  may  be  sold,  or  otherwise  disposed  of,  at 
the  discretion  of  the  state  secretary. 

Section  4.    Chapter  thirty  of  the  General  Laws  is  hereby  g.  r..  (Tcr. 
amended  by  striking  out  section  thirtj^-two,  as  amended  by  (.Tpi.'an.emipd. 
section  four  of  said  chapter  four  hundred  and  ninety-nine, 
and  inserting  in  place  thereof  the  following  section:  —  Section  Annual  reports 
32.    On  or  before  the  second  Wednesday  in  January  following  officers'^and 
the  termination  of  each  fiscal  year  except  where  some  other  <i*'P'i't"'f"ts. 
time  is  provided,  every  state  officer  or  department  or  head 
thereof  required  by  law  to  make  an  annual  report  shall 
deposit  such  report  with  the  state  secretarj^,  who  shall  on 
or  before  the  third  Wednesday  in  said  January  except  where 
some  other  time  is  provided,  transmit  the  same  to  the  gen- 
eral court.    Such  an  annual  report  shall,  except  as  other- 


244 


Acts,  1945.  —  Chap.  292. 


G.  L.  (Tor. 
Ed.),  30,  §  ;<2A, 
repealed. 


G.  L.  (Ter. 
Ed.),  30,  §  33, 
etc.,  amended. 


Recommenda- 
tions of  de- 
partments, etc. 
suggesting 
legislation. 


G.  L.  (Ter. 
Ed.),  30,  §33A, 
etc.,  amended. 


Special 
legislation. 


G.  L.  (Ter. 
Ed.),  32,  §  10, 
etc.,  amended. 


Annual  report 
of  teachers' 
retirement 
board. 


wise  expressly  provided,  cover  such  fiscal  year,  and,  except, 
for  facts  or  information  specifically  required  by  law,  shall 
be  a  brief  summary  of  such  fiscal  year's  work,  together  with 
recommendations  for  the  succeeding  fiscal  year.  Such  an 
annual  report  of  any  elected  state  officer  for  the  fiscal  year 
preceding  the  termination  of  his  service  as  such  may  also 
include  a  like  report  for  the  period  between  the  end  of  such 
fiscal  year  and  the  termination  of  his  service  aforesaid. 

Section  5.  Section  thirty-two  A  of  said  chapter  thirty, 
inserted  by  section  four  A  of  said  chapter  four  hundred  and 
ninety-nine,  is  hereby  repealed. 

Section  6.  Said  chapter  thirty  is  hereby  further  amended 
by  striking  out  section  thirty-three,  as  amended  by  section 
five  of  said  chapter  four  hundred  and  ninety-nine,  and  in- 
serting in  place  thereof  the  following  section :  —  Section  33. 
Any  state  officer  or  department  or  head  thereof  making  an 
annual  report  may  include  therein  recommendations  for 
legislative  action,  other  than  requests  for  appropriations  or 
any  matters  required  to  be  covered  by  budget  estimates  sub- 
mitted to  the  budget  commissioner  under  section  three  or 
four  of  chapter  twenty-nine.  Such  recommendations  shall 
be  deposited  with  the  state  secretary  on  or  before  the  first 
Wednesday  in  December  next  after  the  end  of  the  fiscal 
year  covered  by  the  annual  report  and  shall  be  transmitted 
by  him  to  the  general  court  forthwith.  They  shall  be  accom- 
panied by  drafts  of  bills  embodying  the  legislation  recom- 
mended, and  such  drafts  of  bills  shall,  seasonably  before 
being  deposited  with  the  state  secretary,  be  submitted  to  the 
counsel  to  the  senate  or  counsel  to  the  house  of  representa- 
tives for  advice  and  assistance  as  to  the  form  thereof. 

Section  7.  Section  thirtj^-three  A  of  said  chapter  thirty, 
as  amended  by  section  six  of  said  chapter  four  hundred  and 
ninety-nine,  is  hereby  further  amended  by  striking  out,  in 
the  seventh  and  eighth  lines,  the  words  "made  for  a  fiscal 
year  ending  in  an  even-numbered  year",  —  so  as  to  read  as 
follows :  —  Section  33 A .  If,  in  the  opinion  of  a  state  officer 
or  department  required  to  submit  annual  reports,  the  neces- 
sity of  enacting  special  bills  in  relation  to  any  particular 
subject  of  legislation  may,  without  detriment  to  the  public 
interest,  be  avoided  in  whole  or  in  part  by  the  enactment  of 
general  legislation,  such  officer  or  department  shall  submit 
from  time  to  time  in  any  such  report  recommendations  for 
such  changes  in  or  additions  to  the  General  Laws  as  will 
accomplish  said  purpose. 

Section  8.  Section  sixteen  of  chapter  thirty-two  of  the 
General  Laws  is  hereby  amended  by  striking  out  paragraph 
(2),  as  amended  by  section  fifteen  of  chapter  five  hundred  and 
eight  of  the  acts  of  nineteen  hundred  and  thirty-nine,  and 
inserting  in  place  thereof  the  following  paragraph :  — 

(2)  The  board  shall  make  an  annual  report,  which  shall 
include  a  statement  of  the  amount  expended  previous  to  the 
preceding  first  day  of  July  by  towns  in  the  payment  of  pen- 
sions under  paragraph  (1),  for  which  such  towns  have  not 


Acts,  1945.  —  Chap.  292.  245 

received  and  should  receive  reimbursement.  On  the  basis  of 
such  a  statement,  the  general  court  may  make  an  appro- 
priation for  the  reimbursement  of  such  towns  up  to  such  first 
day  of  Jul}'. 

Section  9.     Chapter  ninety-two  of  the  General  Laws  is  g.  l.  (Ter. 
iiereb}^  amended  by  striking  out  section  one  hundred,  as  ^to'.!'amended.'' 
amended  by  section  seven  of  said   chapter   four  hundred 
and  ninety-nine,  and  inserting  in  place  thereof  the  follow- 
ing section:  —  Section  100.     The  commission  shall  keep  full,  Accounts  and 

FGOorts  Ol 

accurate  and  separate  accounts  of  its  receipts,  expenditures,  metropolitan 
disbursements,  assets  and  liabilities,  and  shall,  on  or  before  '^"**^'''°*- 
the  third  Wednesday  in  January  in  each  year,  report  to  the 
general  court  an  abstract  of  the  same  for  the  preceding  fiscal 
year,  together  with  all  recommendations  for  legislation  which 
it  deems  desirable,  and  shall,  as  soon  as  may  be,  present  a 
more  detailed  statement  of  its  doings  for  said  fiscal  year,  the 
same  to  be  printed  as  its  annual  report  for  the  year.  Section 
thirty-three  of  chapter  thirty  shall  apply  to  such  recommen- 
dations wliether  the  same  are  contained  in  such  abstract  or 
in  such  detailed  statement. 

Section  10.     Chapter  one  hundred   and   eleven  of  the  g.  l.  (Ter. 
General  Laws  is  hereby  amended  by  striking  out  section  ^tl! 'amended.' 
twenty-four,   as   most   recently   amended   by   chapter   two 
hundred  and  thirty-four  of  the  acts  of  nineteen  hundred 
and  thirty-nine,  and  inserting  in  place  thereof  the  following 
section :  —  Section  2 If.     The  department  may  publish  for  gen-  Department 
eral  distribution  such  parts  of  its  annual  report  to  the  gen-  health  may 
eral  court  and  such  other  matter  as  it  may  deem  adapted  publish  certain 
to  promote  the  interests  of  the  public  health  in  the  common-  *°  °^^^  ^°"' 
wealth.     The  department  shall  publish  every  five  years  for 
distribution  among  boards  of  health  and  other  health  agen- 
cies a  manual  of  the  laws  relating  to  boards  of  health  in  the 
commonwealth,  containing  such  information  upon  the  same 
subject  as  it  may  deem  expedient.    The  cost  of  any  publica- 
tions referred  to  in  this  section  shall  be  paid  out  of  the  appro- 
})riation  for  the  general  expenses  of  the  department. 

Section  1L     Chapter  one  hundred  and  sixty-seven  of  g.  l.  (Ter. 
the  General  Laws  is  hereby  amended  by  striking  out  sec-  etc!, 'amended. 
tion  nine,  as  amended  by  section  eight  of  said  chapter  four 
hundred  and  ninety-nine,  and  inserting  in  place  thereof  the 
following  section:  —  Section  9.     Annuall}^  on  or  before  the  Reports  of 
third  Wednesday  in  January,  the  commissioner  shall  com-  „{  banks.°°*"^ 
municate  to  the  general  court  an  abstract  of  his  report  and 
such  suggestions  as  he  considers  expedient  relative  to  the 
general  conduct  and  condition  of  banks  and,  on  or  before 
March  fifteenth  following,  he  shall  make  an  annual  report  to 
the  general  court  containing  a  statement  of  the  condition 
of  every  bank,  including  banks  in  the  hands  of  the  commis- 
sioner, together  with  such  other  information  relative  to  the 
affairs  of  the  said  banks,  as,  in  his  opinion,  the  public  interest 
may  require.  Approved  May  12,  19J,f). 


246  Acts,  1945.  —  Chaps.  293,  294. 

(,liap.29S  An   Act  to  allow  persons  complained  of  for  misde- 

MEANOItS  to  be  HEARD  PERSONALLY  OR  BV  COUNSEL  IN 
OPPOSITION  TO  THE  ISSUANCE  OF  ANY  PROCESS  BASED  ON 
SUCH    COMPLAINT. 

lie  it  enacted,  etc.,  as  follows: 

\h\' 2\f'  Chapter  Uxo  hundred  and  eighteen  of  the  General  Laws 

§':?r,A,  ot(..       is  hereb,y  amended  by  striking  out  section  thirty-five  A, 
"""■"'''"'  inserted  by  section  one  of  chapter  three  hundred  and  forty- 

nine  of  the  acts  of  nineteen  hundred  and  forty-three,  and 
inserting  in  place  thereof  the  following  section :  —  Section 
p'lainoaaKaili-f  ^^^ A .  If  a  complaiiit  for  a  misdemeanor  is  received  b}'  a 
may  1.0  ii.ani,  disti'ict  court.  Or  by  a  justice,  associate  justice  or  special 
justice  tliei'eof,  or  by  a  clerk,  assistant  clerk,  temporary  clerk 
or  temporary  assistant  clerk  thereof  under  section  thirty- 
two,  thirty-three  or  thirty-five,  as  the  case  may  be,  the  person 
against  whom  such  complaint  is  made,  shall,  if  not  under 
arrest  for  the  offence  for  which  the  complaint  is  made,  upon 
request  in  writing,  seasonably  made,  be  given  an  opportunity 
to  be  heard  personality  or  by  counsel  in  opposition  to  the 
issuance  of  any  process  based  on  such  complaint. 

Approved  May  12,  1945. 


Chap.294:  An  Act  providing  for  an  additional  court  officei^  in 

THE    DISTRICT    COURT    OF    SPRINGFIELD. 

Be  it  enacted,  etc.,  as  follows: 

li'iV  '/s''^  o-       Section  sixty-two  of  chapter  two  hundred  and  eighteen 
.•i(','anioiHi,.,i!"  of  the  General  Laws,  as  most  recentl}^  amended  b}^  chapter 
three  hundred  and  forty-eight  of  the  acts  of  nineteen  lum- 
dred  and  forty-one,  is  hereby  further  amended  by  inserting 
after  the  word  "Middlesex"  in  the  fifteenth  line  the  words: 
—  ,  the  district  court  of  Springfield,  —  so  as  to  read  as  fol- 
hi'di'striH,""'     lows:  —  Section  62.     In  the  municipal  court  of  the  city  of 
curt  of  Boston  the  court  officers  appointed  shall  not  exceed  ten  for 

>>prmgf„i,i.  criminal  business,  one  of  whom  shall  be  designated  by  the 
chief  justice  as  chief  court  officer  of  said  court  for  criminal 
business  and  one  as  an  assistant  chief  covni  officer,  nor  five 
for  civil  business,  one  of  whom  sViall  be  designated  by  said 
chief  justice  as  cliief  court  officer  of  said  court  for  civil 
business;  in  the  municipal  court  of  the  Roxbury  district  five 
court  officers  may  be  appointed;  in  the  third  district  court 
of  Eastern  Middlesex  and  in  the  municipal  court  of  the  West 
Roxbury  district  three  court  officers  may  be  appointed;  in 
the  municipal  court  of  the  South  Boston  district,  of  the 
Charlestown  district  and  of  the  Dorchestei'  district,  the  East 
Boston  district  court,  the  district  court  of  Chelsea,  the  first 
district,  court  of  Eastern  Middlesex,  the  district  court  of 
Springfield  and  the  district  court  of  East  Norfolk  two  court 
officers  foi'  each  court  may  be  appointed;  and  in  each  of  the 
other  districl  courts  in  the  commonwealth  one  court  officer 
may  be  appointed.  Approved  Ma;i/  12,  194''>. 


Acts,  1945.  —  Chaps.  295,  296,  297.  247 

An  Act  AuraoRiziNG  the  counit  or  essex  to  pay  a  sum  (7/j^r>  295 

OF  MONEY  TO  MARION  KELLEY  OF  HAVERHILL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  discharging  a  moral  obH- 
gation,  the  county  of  Essex  maj^  pay  to  Marion  Kelley  of 
Haverhill  a  sum  not  exceeding  five  hundred  and  eighty-five 
dollars  and  fifty  cents,  to  compensate  her  for  expenses  of 
hospital  and  medical  care  and  for  loss  of  earnings  due  to 
injuries  received  by  her  in  the  course  of  her  duties  in  accom- 
panying an  insane  person  who  was  being  committed  to  an 
institution  for  the  insane  by  the  central  district  court  of 
northern  Essex. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance, during  the  current  year,  by  the  coimty  commis- 
sioners of  Essex  county,  but  not  otherwise. 

Approved  May  12,  194-5. 


An  Act  authorizing  the  city  of  boston  to  pay  a  sum  Chav.29G 

OF   money    to   JOHN    S.    DOHERTY. 

7)6  it  enacted,  etc.,  as  folloivs: 

Section  1.  For  the  purpose  of  discharging  a  moral  obli- 
gation, the  city  of  Boston  may  pay  to  John  S.  Doherty 
of  said  city  a  sum  not  exceeding  one  thousand  dollars,  for 
personal  injury  sustained  by  him  on  August  twenty-seventh, 
nineteen  hundred  and  forty-four,  as  a  result  of  falling  through 
an  open  hatch  on  the  steamboat  ''Stephen  O'Meara". 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  vote  of  the  city  council  of  said  city,  subject  to 
the  provisions  of  its  charter,  Ijut  not  otherwise. 

Approved  May  12,  194-5. 


An  Act  authorizing  the  city  of  boston  to  pay  a  sum  Chav.297 

OF  money   to   JOHN  J.    CONNORS. 

lie  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  discharging  a  moral 
obligation,  the  city  of  Boston  may  pay  to  John  J.  Connors 
of  said  city  a  sum  not  exceeding  two  hundred  and  five 
dollars  for  propert)-  damage  to  his  motor  vehicle  resulting 
from  the  negligent  operation  of  a  motor  vehicle  owned  by 
said  city. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  vote  of  the  city  council  of  said  city,  subject 
to  the  provisions  of  its  charter,  but  not  otherwise. 

Approved  May  12,  1945. 


248 


Acts,  1945.  —  Chaps.  298,  299. 


(770;?. 298  An   Act  providing   for   GiviNfi   notice  to   holders   ok 

LAPSED     INDUSTRIAL    LIFE    INSURANCE    POLICIES    OF    NON- 
FORFEITURE  BENEFITS. 

Be  it  enacted,  etc.,  asfolloivs: 

Ed.)'.'  iTsTnew  Chapter  one  hundred  and  scvcntj'-five  of  the  General  Laws 
§  146A,  a'ddpd.  ig  hereby  amended  by  inserting  after  section  one  hundred 
Notice  to  and  fort3''-six  the  following  section:  —  Section  I46A.    In  case 

ia°pserpoUcies.  of  any  default  in  the  payment  of  a  premium  on  any  policy 
of  industrial  life  insurance  issued  or  delivered  in  the  common- 
wealth by  an}'^  life  company  occurring  after  premiums  have 
been  paid  thereon  for  three  full  years,  the  company,  within 
six  months  from  the  due  date  of  the  defaulted  premium, 
shall  send  by  mail  to  the  holder  thereof,  at  his  last  known 
address,  a  notice  setting  forth  any  non-forfeiture  benefit, 
other  than  one  elected  by  the  holder,  in  force  under  such 
policy  when  the  notice  is  mailed.  An  affidavit  of  any  officer, 
clerk  or  agent  of  the  company,  or  anyone  authorized  by  the 
company  to  mail  the  notice  required  by  this  section,  that 
.'^uch  a  notice  has  been  duly  mailed  on  behalf  of  the  com- 
pany shall  be  prima  facie  evidence  that  such  notice  was 
duly  mailed.  The  provisions  of  this  section  shall  not  apply 
to  such  a  policy  on  the  life  of  a  person  who,  on  the  due  date 
of  the  defaulted  premium,  is  not  a  resident  of  the  common- 
wealth, unless  the  premium  on  the  policy  prior  to  the  de- 
faulted premium  was  paid  within  the  commonwealth  to  the 
insurer  or  its  agent.  Approved  May  12,  1945. 


Chap.299  An   Act  authorizing  the  town  of  middleborough  to 

PENSION   GEORGE  A.    PHILBROOK. 

lie  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  promoting  the  public  good 
and  in  consideration  of  his  long  and  meritorious  service,  the 
town  of  Middleborough,  acting  b}^  its  board  of  selectmen, 
may  retire  George  A.  Philbrook,  who  has  served  the  town 
faithfully  for  over  fifty  years  as  superintendent  of  its  gas 
and  electric  department,  on  an  annual  pension  equal  to 
not  less  than  one  half  the  salary  received  by  him  at  the  time 
of  his  retirement.  Said  pension  shall  be  payable  monthly 
and  shall  be  paid  out  of  the  income  of  said  gas  and  electric 
department. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  a  majority  of  the  registered  voters  of  said  town 
present  and  voting  thereon  at  an  annual  or  special  town 
meeting,  but  not  otherwise.  Approved  May  12,  19/f'^. 


Acts,  1945.  —  Chaps.  300,  301.  249 


An  Act  nF,i,ATTVE  to  consent  to  the  adoption  of  cHir,-  Chav.SOO 

DREN    IN    CERTAIN    CASES. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  two  hundred  and  ten  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  amended  by  striking  out  section  three,  as  most  ^h.;| '<,rne Acted '. 
recently  amended  by  chapter  two  hundred  and  thirty-nine 
of  the  acts  of  nineteen  hundred  and  forty-five,  and  insert- 
ing in  place  thereof  the  following  section :  —  Section  3.  The  consent  to 
consent  of  the  persons  named  in  section  two,  other  than  cfliidren^in^ 
the  child  or  her  husband,  if  any,  shall  not  be  required  if  the  '-ertain  cases. 
person  to  be  adopted  is  of  full  age,  nor  shall  the  consent  of 
any  such  person  other  tlian  the  child  be  required  if  such 
person  is  adjudged  by  the  court  hearing  the  petition  to  be 
hopelessl}'  insane,  or  is  imprisoned  in  any  penal  institution 
in  this  commonwealth  under  sentence  for  a  term  of  which 
more  than  three  3'ears  remain  unexpired  at  the  date  of  the 
petition ;  or  if  he  has  wilfully"  deserted  or  neglected  to  provide 
proper  care  and  maintenance  for  such  child  for  one  year  last 
preceding  the  date  of  the  petition;  or  if  he  has  suffered 
such  child  to  be  supported  for  more  than  one  year  con- 
tinuously prior  to  the  petition  by  an  incorporated  charitable 
institution  or  by  a  town  or  by  the  commonwealth;  or  if  he 
has  been  sentenced  to  imprisonment  for  drunkenness  upon  a 
third  conviction  within  one  year  and  neglects  to  provide 
proper  care  and  maintenance  for  such  child ;  or  if  such  person 
has  been  convicted  of  being  a  common  night  walker  or  a 
lewd,  wanton  and  lascivious  person,  and  neglects  to  provide 
proper  care  and  maintenance  for  such  child.  A  giving  up  in 
writing  of  a  child,  for  the  purpose  of  adoption,  to  an  in- 
corporated charitable  institution  or  the  department  of  public 
welfare  shall  operate  as  a  consent  to  any  adoption  subse- 
quently approved  b}^  such  institution  or  said  department. 
Notice  of  the  petition  shall  be  given  to  the  department  of 
public  welfare,  if  the  child  is  supported  by  a  town  or  by 
the  commonwealth,  and  if  the  child  is  supported  Ity  a  town, 
notice  shall  also  be  given  to  the  board  of  public  welfare 
thereof,  and  in  Boston  said  notice  shall  be  given  both  to 
the  overseers  of  the  public  welfare  in  the  city  of  Boston  and 
to  the  institutions  department.       Approved  May  12,  1945. 


An  Act  relative  to  signboards  at  railroad  crossings.  Chap.SOl 

lie  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  sixty  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  amended  by  striking  out  section  one  hundred  and  f  u^-i/^^' 
forty-four,  as  appearing  in  the  Tercentenary  Edition,  and  in-  amended, 
serting  in  place  thereof  the  following  section:  —  Section  144-  9ie°'?j'j«r^8 
WTien  it  appears  that  the  placing  of  the  signs  prescribed  by  crossings.' 
section  one  hundred  and  forty  or  section  one  hundred  and 
forty-two  or  by  both  of  said  sections,  is  impracticable  or 


250  Acts,  1945.  —  Chaps.  302,  303. 

unnecessary,  the  riepartment,  on  petition,  ma>'  release  tlie 
railroad  corporation  or  the  county,  cit.y  or  town,  as  the  case 
ma}'  be,  from  compliance  with  said  section  or  sections. 

Approved  May  12,  1945. 


Cfiap.'Si)2  An  Act  further  extending  the  time  for  completing 

CERTAIN  IMPROVEMENTS  AND  CONSTRUCTION  ON  PARK 
LAND  IN  THE  CITY  OF  BOSTON  KNOWN  AS  THE  CHARLES- 
BANK,  TO  BE  PAID  FOR  OUT  OF  THE  GEORfJK  ROBKirr 
WHITE    FUND. 

He  it  enacted,  etc.,  as  follows: 

Section  one  of  chapter  five  hundred  and  eiglity-five  of 
the  acts  of  nineteen  hundred  and  forty-one,  as  amended  by 
chapter  two  hundred  of  the  acts  of  nineteen  hundred  and 
forty-three,  is  hereby  further  amended  by  striking  out,  in 
the  twenty-second  Hne,  the  word  "four"  and  inserting  in 
place  thereof  the  word :  —  six,  —  so  that  the  last  sentence 
will  read  as  follows:  —  Said  transfer  shall  also  be  upon  the 
further  express  condition  that  if,  within  six  years  from  the 
date  of  such  transfer,  such  improvement  and  construction 
at  or  on  said  park  land  shall  not  have  been  completed,  then 
the  care,  custody  and  control  of  said  park  land  shall  there- 
upon revert  without  further  act  to  said  park  department. 

Approved  May  IS,  1945. 


( 'hap.'SOZ  An  Act  authorizing  the  town  of  lee  to   construct 

AND    operate    a    SYSTEM    OF   SEWERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Lee  may  lay  out,  construct, 
maintain  and  operate  a  system  or  systems  of  main  drains  and 
common  sewers  for  a  part  or  the  whole  of  its  territory,  with 
such  connections  and  other  works  as  may  be  required  for  a 
system  of  sewage  disposal,  and  may  construct  such  sew  ers  or 
drains  in  said  town  as  may  be  necessary,  and,  for  the  purpose 
of  pro^■iding  better  surface  or  other  drainage,  ma^^  make, 
lay  and  maintain  such  drains  as  it  deems  best.  And  for  the 
purposes  aforesaid,  the  town  may,  within  its  limits,  make  and 
maintain  sub-drains. 

Section  2.  The  town  may  make  and  maintain  in  any- 
way therein  where  main  drains  or  common  sewers  are  con- 
structed, such  connecting  drains,  under-drains  and  sewers 
within  the  limits  of  such  way  as  may  be  necessary  to  connect 
any  estate  which  abuts  upon  the  way. 

Section  3.  The  town  may,  at  the  meeting  when  this 
act  is  accepted,  vote  that  the  selectmen  shall  act  as  a  board 
of  sewer  commissioners.  If  the  town  does  not  so  vote  at 
said  meeting,  the  town  shall  elect  by  ballot  at  any  town 
meeting  not  later  than  the  second  annual  meeting  after  the 
commencement  of  construction  hereimder  of  a  sj^stem  of 
sewerage  and  sewage  disposal,  a  board  of  three  sewer  com- 
missioners who  shall  be  citizens  of  the  town,  to  hold  office, 


Acts,  1945.  —  Chap.  303.  251 

if  elected  at  an  annual  meeting,  one  until  the  expiration  of 
one  year,  one  until  the  expiration  of  two  3'ears,  and  one  until 
the  expiration  of  three  years,  from  such  annual  town  meet- 
ing, and  until  their  successors  ai'c  qualificHl,  or,  if  elected 
at  a  special  meeting,  one  until  the  expiration  of  one  year,  ont' 
until  the  expiration  of  two  years,  and  one  until  the  expiration 
of  three  years,  from  the  next  succeeding  annual  town  meet- 
ing, and  until  their  successors  are  qualified;  and  thereafter 
at  each  annual  town  jneeting  when  the  term  of  a  member 
expires,  the  town  shall  elect  one  member  of  the  board  to 
serve  for  three  3'ears  and  until  his  successor  is  elected  and 
qualified.  Any  selectman  shall  be  eligible  to  election  to  said 
board.  In  either  case,  whether  the  town  votes  that  its  select- 
men shall  act  as  a  board  of  sewer  commissioners  or  elects  a 
board  of  sewer  commissionei-s,  the  town  mav  at  any  time 
thereafter,  bj^  any  or  all  the  methods  permitted  by  general 
law,  provide  for  the  election  of  a  board  of  three  sewer  com- 
missioners, or  that  the  selectmen  may  act  as  a  board  of 
sewer  commissioners,  as  the  case  maj-  be. 

Section  4.  Said  board  of  sewer  commissioners,  acting 
for  and  on  behalf  of  said  town,  may  take  by  eminent  domain 
under  chapter  seventy-nine  of  the  General  Laws,  or  acquire 
by  purchase  or  otherwise,  any  lands,  water  rights,  rights  of 
way  or  easements,  public  or  private,  in  said  town,  necessar\' 
for  accomplishing  any  purpose  mentioned  in  this  act,  and 
ma.y  construct  such  main  drains  and  sewers  under  or  over 
any  bridge,  railroad,  railway,  boulevard  or  other  public 
way,  or  within  the  location  of  any  railroad,  and  may  enter 
upon  and  dig  up  any  private  land,  public  way  or  railroad 
location,  for  the  purpose  of  laying  such  drains  and  sewers 
and  of  maintaining  and  repairing  the  same,  and  may  do  any 
other  thing  proper  or  necessary  for  the  purposes  of  this  act: 
provided,  that  they  shall  not  take  in  fee  any  land  of  a  rail- 
road corporation,  and  that  they  shall  not  enter  upon  or 
construct  any  drain  or  sewer  within  the  location  of  any  rail- 
road corporation  except  at  such  time  and  in  such  manner  as 
they  ma}^  agree  upon  with  such  corporation,  or,  in  case  of 
failure  to  agree,  as  may  be  approved  by  the  department  of 
public  utilities. 

Section  .5.  Until  the  board  of  sewer  commissioners  has 
first  been  elected  as  provided  in  this  act  or  the  selectmen 
lia\'e  first  been  authorized  by  vote  to  act  as  such  board,  as 
the  case  may  be,  but  not  in  any  event  later  than  the  second 
annual  meeting  after  the  commencement  of  the  work  of  con- 
struction authorized  hereby,  the  town  may  carry  on  such 
work  by  a  duly  authorized  committee  of  the  town..  The 
committee  shall  serve  without  pay  and  shall  have  all  the 
powers  and  authority  given  to  the  board  of  sewer  commis- 
sioners in  this  act  or  by  general  law.  Whenever  the  phrase 
"said  board  of  sewer  commissioners"  or  "said  board"  herein- 
after occurs,  it  shall  mean  and  include  the  board  of  sewer 
commissioners,  the  selectmen  acting  as  such  or  the  committee 
of  the  town  provided  for  in  this  section,  as  the  case  may  be. 


Acts,  1945.  —  Chap.  303. 

Section  6.  Any  person  injured  in  his  property  by  any 
action  of  said  board  of  sewer  commissioners  under  this  act 
may  recover  damages  from  said  town  under  said  chapter 
seventy-nine. 

Section  7.  The  town  shall,  b.y  vote,  determine  what 
proportion  of  the  cost  of  said  system  or  s\^stems  of  sewerage 
and  sewage  disposal  the  town  sliall  pay;  provided,  that  it 
shall  pay  not  less  than  one  fourth  nor  more  than  two  thirds 
of  the  whole  cost.  In  providing  for  the  payment  of  the  re- 
maining portion  of  the  cost  of  said  system  or  systems  or  for 
the  use  of  said  system  or  systems,  the  town  may  avail  itself 
of  any  or  all  of  the  methods  permitted  by  general  laws,  and 
the  provisions  of  said  general  laws  relative  to  the  assessment, 
apportionment,  division,  reassessment,  abatement  and  col- 
lection of  sewer  assessments,  to  liens  th(u-(^for  and  to  inter- 
est thereon  shall  apply  to  assessments  made  under  this  act, 
except  that  interest  shall  be  at  the  rate  of  six  per  cent  per 
annum.  At  the  same  meeting  at  which  it  determines  the 
proportion  of  the  cost  which  is  to  be  borne  by  the  town,  it 
may  by  vote  determine  by  which  of  such  methods  the  re- 
maining portion  of  said  cost  shall  be  provided  for.  The  col- 
lector of  taxes  of  said  town  shall  certify  the  payment  or 
payments  of  such  assessments  or  apportionments  thereof 
to  the  sewer  commissioners,  or  to  the  selectmen  acting  as  such, 
who  shall  preserve  a  record  thereof. 

Section  8.  For  the  purpose  of  paying  the  necessaiy 
expenses  and  liabilities  incurred  under  this  act,  the  town  may 
borrow^  such  sums  as  may  be  necessary,  not  exceeding,  in  the 
aggregate,  three  hundred  and  fift}^  thousand  dollars,  and 
may  issue  bonds  or  notes  therefor,  which  shall  bear  on  their 
face  the  words,  Lee  Sewerage  Loan,  Act  of  1945.  Each 
authorized  issue  shall  constitute  a  separate  loan.  Indebted- 
ness incurred  under  this  act  shall  be  in  excess  of  the  statu- 
tory limit,  but  shall,  except  as  provided  herein,  be  subject  to 
chapter  forty-four  of  the  General  Laws. 

Section  9.  The  receipts  from  sewer  assessments  and 
from  payments  made  in  lieu  thereof  shall  be  applied  to  the 
pajanent  of  charges  and  expenses  incident  to  the  mainte- 
nance and  operation  of  said  system  of  sewerage  and  sewage 
disposal  or  to  the  extension  thereof,  to  the  payment  of  inter- 
est upon  bonds  or  notes  issued  for  sewer  purposes  or  to  the 
payment  or  redemption  of  such  bonds  or  notes. 

Section  10.  Said  board  of  sewer  commissioners  may 
annually  appoint  a  clerk  and  may  appoint  a  superintendent 
of  sewers  who  shall  not  be  a  member  of  the  board,  and  shall 
define  their  duties.  It  may  remove  the  clerk  or  superin- 
tendent at  its  pleasure.  Said  board  may,  in  its  discretion, 
prescribe  for  the  users  of  said  sewer  systems  such  annual 
rentals  or  charges  based  upon  the  benefits  derived  therefrom 
as  it  ma3^  deem  proper,  subject  however  to  such  rules  and 
regulations  as  may  be  fixed  by  vote  of  the  town. 

Section  11.  AH  contracts  made  by  the  board  of  sewer 
commissioners  shall  be  made  in  the  name  of  the  town  and 


Acts,  1945.  —  Chap.  304.  253 

shall  be  signed  by  l,be  board,  but  no  contract,  shall  be  raadp 
or  obligation  incurred  by  said  board  for  any  purpose  in 
excess  of  the  amount  of  money  appropriated  by  the  town 
therefor. 

Section  12.  Said  board  may,  from  time  to  time,  pre- 
scribe rules  and  regulations  for  the  connection  of  estates  and 
buildings  with  main  drains  and  sewers,  and  for  inspection 
of  the  materials,  the  construction,  alteration  and  use  of  all 
connections  and  drains  entering  into  such  main  drains  or 
sewers,  and  may  prescribe  penalties,  not  exceeding  twenty 
dollars,  for  each  violation  of  any  such  rule  or  regulation. 
Such  rules  and  regulations  shall  be  published  at  least  once 
a  week  for  three  successive  weeks  in  some  newspaper  pub- 
lished in  the  town  of  Lee,  if  there  be  any,  and  if  not,  then 
in  .some  newspaper  published  in  the  county  of  Berkshire, 
and  shall  not  take  effect  until  such  publications  have  been 
made. 

Section  13.  No  act  shall  be  done  under  authority  of  the 
preceding  sections,  except  in  the  making  of  surveys  and  other 
preliminary  investigations,  until  the  plans  for  said  system 
of  sewerage  and  sewage  disposal  have  been  approved  by  the 
state  department  of  public  health.  Upon  application  to  said 
department  for  its  approval,  it  shall  give  a  hearing,  after 
due  notice  to  the  public.  At  such  hearing,  plans  showing  in 
detail  all  the  work  to  be  done  in  constructing  said  system  of 
sewerage  and  sewage  disposal  shall  be  submitted  for  approval 
by  said  department. 

Section  14.  This  act  shall  take  full  effect  upon  its 
acceptance  by  vote  of  the  majority  of  the  voters  of  said  town 
voting  thereon  at  a  town  meeting  called  for  the  purpose 
within  five  years  after  its  passage.  No  expenditure  shall  be 
made  and  no  liability  iricurred  hereunder  until  such  accept- 
ance. Approved  May  12,  1945. 


An   Act   providing   that   the   office   of   fire   commis-  CJiap.S()4: 
signer  of  the  city  of  boston  may  be  held  by  the 
chief    engineer    of    the    fire    department    of    said 
city. 

Be  it  enacted,  etc.,  as  foUoivs: 

Section  1.  Section  ten  of  chapter  four  hundred  and 
forty-nine  of  the  acts  of  eighteen  hundred  and  ninety-five 
is  hereby  amended  by  adding  after  the  first  sentence  the 
following  sentence: — A  person  holding  the  office  of  chief 
engineer  may  be  appointed  to  the  office  of  fire  commissioner 
and  in  such  case  may  continue  to  hold  the  office  of  chief 
engineer,  but  shall  not  receive  more  than  one  salary. 

Section  2.  This  act  shall  take  effect  upon  its  acceptance 
during  the  current  year  by  vote  of  the  city  council  of  the 
city  of  Boston,  subject  to  the  provisions  of  its  charter,  but 
not  otherwise.  Approved  May  12,  W^o. 


254  Acts,  1945.  -  C^haps.  305,  306. 


Chap.'S05  An  Act  jncreasing  the  saiaries  ok  the  members  and 

THE   SECRETARY    OF   THE    LICENSINCJ    BOARD    FOR   THE    CITY 
OF   BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  two  hundred  and  ninety-one  of  tlie 
acts  of  nineteen  hundred  and  six  is  hereby  amended  by  strik- 
ing out  section  two,  as  amended  by  section  one  of  chapter 
three  hundred  and  fifty-five  of  the  acts  of  nineteen  hundred 
and  thirty-five,  and  inserting  in  place  tliereof  the  following 
section: —  Section  2.  The  amuial  salary  of  the  chairman  of 
said  board  shall  be  six  tliousand  dollars,  that  of  each  of  the 
other  two  members  five  thousand  five  lumdred  dollars,  and 
that  of  the  secretary  five  thousand  five  hundred  dollars. 
Such  salaries  shall  be  paid  in  monthly  instalments  by  the 
city  of  Boston.  Subject  to  the  approval  of  the  governor  and 
council,  said  board  may  provide  itself  with  rooms,  convenient 
and  suitable  for  the  performance  of  its  duties,  the  rent  of 
whicli  shall  be  paid  by  the  city  of  Boston.  Said  rooms  shall 
be  suitably  furnished  and  equipped,  and  the  expense  thereof 
shall  be  paid  b}^  said  city  upon  requisition  by  said  board. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  15,  194o. 


Chap.SOQ  An  Act  relative  to  service  of  process  upon  certain 

DOMESTIC    CORPORATIONS. 

Be  it  enacted,  etc.,  as  follows: 

EdV223''§37       Section  1.    Section  thirty-seven  of  chapter  two  hundred 
amended.'       '  and  tweuty-threc  of  the  General  Laws,  as  appearing  in  the 
Tercentenary  Edition,  is  hereb}^  amended  by  striking  out 
the  last  sentence  and  by  adding  at  the  end  the  following 
new  paragraph :  — ■ 
Service  of  In  au  actiou  against  a  domestic  corporation  other  than 

certain  "^*'"  oue  mentioned  in  the  preceding  paragraph,  service  shall  be 
cor"oration8.  H^ade  upon  the  president,  treasurer,  clerk,  cashier,  secretary, 
agent  or  other  officer  in  charge  of  its  business,  or,  if  no  such 
officer  is  found  within  the  county,  upon  any  member  of  the 
corporation.  If  an  officer  authorized  to  serve  legal  process 
makes  a  return  on  such  process  that,  after  diligent  search, 
he  can  find  no  one  upon  whom  he  can  lawfully  make  service 
as  aforesaid,  the  court  to  which  such  process  is  returned 
may  upon  application  issue  an  oi'der  of  notice  to  such  cor- 
poration, directing  it  to  appear  and  answer  within  a  desig- 
nated period.  Such  order  of  notice  shall  contain  an  exact 
copy  of  the  legal  process  referred  to  in  the  preceding  sen- 
tence. The  party  making  such  application  shall  deliver  a 
copy  of  such  order  with  a  fee  of  two  dollars  to  the  commis- 
sioner of  corporations  and  taxation,  or  his  deputy,  or  second 
deputy  when  acting  under  section  six  of  chapter  fourteen,  or 
in  the  ofiice  of  said  commissioner.  Said  commissioner  shall 
forthwith   cause  said  copy  to   bo   forwarded    by   registered 


Acts,  1945.  —  Chap.  :m.  255 

mail,  return  ivceipt  requestod,  to  such  (^oipuiation  ;it  su(-li 
address  as  may  be  designated  for  tlie  purpose  by  a  writinu 
signed  by  its  president,  treasurer  or  clerk  and  filed  with 
said  coniniissioner  or  if  no  such  address  lias  been  designated, 
to  its  principal  place  of  business  in  the  conunonwealth  as 
stated  in  the  last  certificate  of  condition  filed  by  it  or,  if  no 
certificate  has  been  filed  b}-  it,  as  stated  in  its  articles  of 
organization  or  any  articles  of  amendment  thereof.  As  soon 
as  may  be  after  such  mailing  by  said  commissioner,  he  shall 
transmit  a  certificate  to  the  court  issuing  such  order,  stat- 
ing that  he  has  complied  with  the  provisions  of  this  section, 
and  shall  attach  thereto  the  return  receipt  or  the  undelivered 
copy,  as  the  case  may  be.  The  clerk  shall  note  upon  the 
docket  the  name  of  the  corporation  and  the  address  to  which 
such  copy  was  mailed  b}'  the  connnissioner,  and  sliall  file 
with  the  papers  in  the  case  the  certificate  of  the  connnis- 
sioner and  the  return  receipt  or  vmdelivered  co]5y,  as  the 
case  may  be,  and  such  service  shall  be  a  sufficient  service 
upon  such  corporation.  The  court  in  which  the  action  is 
pending  may  order  such  continuances  as  may  be  necessary 
to  aftord  the  cor])oration  reasonable  opportunity  to  defend 
the  action. 

Section  2.    This  act  shall  (ake  effect  on  September  first  KiT.-rtivc  d.-ito. 
in  the  current  year.  Approved  May  15,  1945. 


An  Act  authorizing  the  city  of  sprincfield  to  con-  (luip.^Ol 

STRUCT  flood   PROTECTION  WORKS  ALONG  THE  i^[ILL  RIVER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Si)ringfield,  for  the  purpose  of 
protecting  highways  and  public  and  private  property  from 
damage  by  freshet  or  any  flow  of  the  J\Iill  river,  ma}^,  bj'  its 
city  council,  from  time  to  time,  construct  dikes  or  other  works 
on  one  or  both  banks  of  the  Mill  river  from  the  flood  pro- 
tection works,  already  constructed  near  Main  street,  easterly 
to  the  bridge  over  said  river  at  Mill  street,  and  may  alter, 
widen  and  improve  the  channel  of  said  river  between  the 
above  specified  points,  and  may  make  any  changes  or  ex- 
tensions of  the  existing  bridge  over  Mill  river  at  Fort  Pleasant 
avenue  that  may  be  needed  for  tliis  purpose.  Said  i)rotection 
works  may  be  constructed  in  conjunction  witli  any  flood 
protection  project  of  the  United  States  of  America  for  Mill 
river. 

Section  2.  For  any  and  all  the  projects  authorized  by 
section  one,  said  city  may  take  by  eminent  domain  under 
chapter  seventy-nine  of  the  General  Laws,  or  acquire  by 
purchase  or  otherwise,  lands,  easements,  rights  of  way,  water 
rights  or  other  property,  on  one  or  both  banks  of  said  Mill 
river,  and  may  enter  into  and  upon  any  land  or  way,  and 
may  do  thereon  work  necessary  for  any  such  project;  and 
any  i)erson  who  is  injured  in  his  i)roperty  by  any  act  oi'  said 
city  under  any  provision  of  this  act  may  recover  from  said 
city  damages  therefor  under  said  chapter  seventy-nine. 


256  Acts,  1945.  —  Chap.  308. 

Section  3.  For  the  purpose  of  meeting  appropriations 
for  any  or  all  of  the  projects  authorized  by  said  section  one, 
the  city  of  Springfield  may  use  the  proceeds  of  loans  issued 
under  authority  of  clause  (7)  of  section  seven  of  chapter 
forty-four  of  the  General  Laws. 

Section  4.  If  any  limited  and  determinable  area  within 
said  city  receives  benefit  other  than  the  general  advantage 
to  the  community  from  any  improvement  made  under  author- 
ity of  this  act,  under  an  order  declaring  the  same  to  be  done 
under  the  provisions  of  law  authorizing  the  assessment  of 
betterments,  the  city  council  of  said  city  shall,  within  two 
years  after  the  completion  of  such  improvement,  determine 
the  value  of  such  benefit  or  advantage  to  the  lands  within 
such  area,  and  assess  upon  each  parcel  thereof  a  proportionate 
share  of  the  cost  of  such  improvement,  including  therein 
all  costs  for  the  purchase  and  all  damages  for  the  taking  of 
lands,  easements,  rights  of  way,  water  rights  and  other  prop- 
erty in  order  to  carry  out  such  improvement,  and  all  other 
sums  expended  under  authority  of  this  act,  but  not  exceeding 
one  half  of  such  adjudged  benefit  or  advantage.  The  pro- 
visions of  chapter  eighty  of  the  General  Laws  shall  apply  to 
such  assessments  and  the  collection  thereof,  except  as  other- 
wise herein  provided.  Approved  May  15,  1945. 

Chap.SOS  An  Act  providing  for  the  exercise  and  performance 

OF  THE  POWERS  AND  DUTIES  OF  THE  REGISTRAR  OF  MOTOR 
VEHICLES  IN  CASE  OF  A  VACANCY  IN  SAID  OFFICE,  AND  FOR 
THE  VALIDITY  OF  CERTAIN  LICENSES  TO  OPERATE  MOTOR 
VEHICLES. 

Be  it  enacted,  etc.,  as  follows: 
G.  L.  (Ter.  Scction  five  of  chapter  sixteen  of  the  General  Laws,  as 

Sci! 'amended,   amended  by  section  ten  of  chapter  five  hundred  and  ninety- 
six  of  the  acts  of  nineteen  hundred  and  forty-one,  is  hereby 
further  amended  by  adding  at  the  end  the  two  following 
sentences :  —  In  the  event  of  a  vacancy  in  the  office  of  regis- 
trar, his  powers  and  duties  shall  be  exercised  and  performed 
by  the  deputy  registrar  until  a  registrar  is  duly  qualified.    A 
license  to  operate  motor  vehicles  issued  by  a  registrar  shall 
become  valid  upon  the  effective  date  thereof,  notwithstand- 
ing the  fact  that  the  registrar  who  issued  the  same  ceased  to 
hold  said  office  prior  to  said  effective  date,  —  so  as  to  read 
Registrar  of       as  follows :  —  Section  o.    The  commissioner  shall  appoint  and 
rp°pofatmint^^'  ^^Y  ^move,  subjcct  to  the  approval  of  the  governor  and 
of,  etc.  council,  an  official  to  be  known  as  the  registrar  of  motor 

vehicles.  In  the  event  of  a  vacancy  in  the  office  of  registrar, 
his  powers  and  duties  shall  be  exercised  and  performed  by 
the  deputy  registrar  until  a  registrar  is  duly  qualified.  A 
license  to  operate  motor  vehicles  issued  by  a  registrar  shall 
become  valid  upon  the  effective  date  thereof,  notwithstand- 
ing the  fact  that  the  registrar  who  issued  the  same  ceased  to 
hold  said  office  prior  to  said  effective  date. 

Approved  May  15,  1945. 


Acts,  1945.  —  Chaps.  309,  310,  311.  257 


An  Act  authorizing  the  payment  by  the  city  of  brock-  Chap.SOQ 

TON  OF  CERTAIN  SUMS  OF  MONEY  TO  THE  PARENTS  OF 
ROBERT  H.  CHRISTENSEN  AND  THE  PARENTS  OR  GUARDIANS 
OF  OTHER  MINORS  OF  SAID  CITY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Brockton  may  pay  to  the  parents 
of  Robert  W.  Christensen  of  Brockton,  a  minor  who  was 
seriously  injured  on  September  thirtieth,  nineteen  hundred 
and  forty-three,  by  the  breaking  of  a  raihng  at  the  Hunt- 
ington school  in  said  city,  a  sum  not  exceeding  twenty-five 
hundred  dollars  in  full  compensation  for  medical,  hospital 
and  other  expenses  and  damages  on  account  of  said  injuries. 

Section  2.  Said  city  may  pay  to  the  parents  or  guard- 
ian of  any  other  minor  who  was  seriously  injured  on  said 
September  thirtieth  by  the  breaking  of  a  railing  at  said 
school,  a  sum  not  exceeding  fifty  dollars  in  full  compensa- 
tion for  medical,  hospital  and  other  expenses  and  damages 
on  account  of  said  injuries  of  such  minor. 

Section  3.  This  act  shall  take  full  effect  upon  its  accept- 
ance during  the  current  year  by  vote  of  the  city  council  of 
said  city,  subject  to  the  provisions  of  its  charter,  but  not 
otherwise.  Approved  May  15,  19Ij.5. 


An  Act  relative  to  the  right  to  vote  in  the  case  of  nu„^  oin 

MALE    PERSONS    WHOSE    NAMES    HAVE    BEEN    CHANGED    BY     ^        ^ 
DECREE    OF   COURT. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  fifty-one  of  the  General  Laws  is  hereby  amended  S%^- (^''J^ 
by  striking  out  section  two,  as  amended  by  section  three  of  etc!, 'amended, 
chapter  two  hundred  and  fifty-four  of  the  acts  of  nineteen 
liundred  and  thirty-three,  and  inserting  in  place  thereof  the 
following  section :  —  Section  2.    If  the  name  of  a  person  who  vote  by 
is  duly  registered  as  a  voter  is  changed  by  decree  of  court,  ^amrhrs^Clen 
or,  if  a  female,  by  marriage,  his  or  her  right  to  vote  in  his  changed. 
or  her  former  name  shall  continue  until  January  first  next 
following.  Approved  May  21,  1945. 

An  Act  relative  to  the  commitment  to  the  veterans  Qjidjy  ^W 

ADMINISTRATION  OR  OTHER  AGENCIES  OF  THE  UNITED 
STATES  GOVERNMENT  OF  CERTAIN  WAR  VETERANS  FOR 
CARE   AND   TREATMENT. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  twenty-three  of  the  General  G^L.(Ter^^^ 
Laws  is  hereby  amended  by  inserting  after  section  twenty,  §  2bA,  added, 
as  appearing  in  the  Tercentenary  Edition,  the  following  new  commitment 
section:  —  Section  20 A.  (1)  Whenever,  in  any  proceeding  °eteranrt^" 
under  the  laws  of  this  commonwealth  for  the  commitment  ^°^P^*^*'^^jf^*'- 
of  a  person  alleged  to  be  of  unsound  mind  or  otherwise  in  treatment. 
need  of  confinement  in  a  hospital  or  other  institution  for  his 


258  Acts,  1945.  —  Chap.  311. 

proper  care,  it  is  determined  after  such  adjudication  of  the 
status  of  such  person  as  may  be  required  by  law  that  com- 
mitment to  a  hospital  for  mental  disease  or  other  institution 
is  necessary  for  safekeeping  or  treatment  and  it  appears 
that  such  person  is  eligible  for  care  or  treatment  b}'  said 
Veterans  Administration  or  other  agency  of  the  United 
States  government,  the  court,  upon  receipt  of  a  certificate 
from  said  A'eterans  Administration  or  such  other  agency 
showing  that  facilities  are  available  and  that  such  person  is 
eligible  for  care  or  treatment  therein,  may  commit  such 
person  to  said  A'eterans  Administration  or  other  agency. 
The  person  whose  commitment  is  sought  shall  be  personally 
served  with  such  notice  of  the  pending  commitment  proceed- 
ings as  is  required,  and  in  such  manner  as  is  provided,  by 
the  laws  of  this  commonwealth ;  and  nothing  in  this  section 
shall  affect  his  right  to  appear  and  be  heard  in  the  proceed- 
ings. Upon  commitment,  such  person,  when  admitted  to 
any  facility  operated  by  any  such  agency  within  or  without 
this  commonwealth  shall  be  subject  to  the  rules  and  regula- 
tions of  said  Vetei'ans  Administration  or  other  agency  in  so 
far  as  they  are  not  inconsistent  with  the  rules  of  the  depart- 
ment. The  chief  officer  of  any  facility  of  said  Veterans  Ad- 
ministration or  institution  operated  by  any  other  agency  of 
the  United  States  to  which  the  person  is  so  committed  shall 
with  respect  to  such  person  be  vested  with  the  same  powers 
and  duties  as  the  department  with  respect  to  retention  of 
custody,  transfer,  parole  or  discharge.  Jurisdiction  is  re- 
tained in  the  committing  or  other  appropriate  court  of  this 
commonwealth  at  any  time  to  inquire  into  the  mental  con- 
dition of  the  person  so  committed,  and  to  determine  the 
necessity  for  continuance  of  his  restraint,  and  all  commit- 
ments pursuant  to  this  section  are  so  conditioned. 

(2)  The  judgment  or  order  of  commitment  by  a  court  of 
competent  jurisdiction  of  another  state  or  of  the  District  of 
Columbia,  committing  a  person  to  said  Veterans  Adminis- 
tration or  other  agencj^  of  the  United  States  government  for 
care  or  treatment  shall  have  the  same  force  and  effect  as  to 
the  committed  person  while  in  this  commonwealth  as  in  the 
jurisdiction  in  which  is  situated  the  court  entering  the  judg- 
ment or  making  the  order;  and  the  courts  of  the  commit- 
ting state,  or  of  the  District  of  Columbia,  shall  be  deemed 
to  have  retained  jurisdiction  of  the  person  so  committed  for 
the  purpose  of  inquii'ing  into  the  mental  condition  of  such 
person,  and  of  determining  the  necessity  for  continuanc(!  of 
his  restraint  as  is  provided  in  subsection  (1)  of  this  section 
with  respect  to  persons  committed  by  the  courts  of  this  com- 
monwealth. Consent  is  hereby  given  to  the  application  of 
the  law  of  the  committing  state  or  district  in  respect  to  the 
authority  of  the  chief  officer  of  any  facihty  of  said  Veterans 
Administration  or  of  any  institution  operated  in  this  com- 
monwealth by  any  other  agency-  of  tlie  United  States  to 
retain  custody  of,  or  transfer,  parole  or  discharge,  the  com- 
mitted person. 


Acts,  1945.  —  Chap.  312.  259 

(3)  Except  as  provided  in  section  twenty-one,  upon  re- 
ceipt of  a  certificate  of  said  Veterans  Administration  or  such 
other  agenc}'  of  the  United  States  that  facihties  are  avail- 
able for  the  care  or  treatment  of  any  person  committed 
prior  to  the  effective  date  of  this  section  to  any  hospital  for 
the  insane  or  other  institution  for  the  care  or  treatment  of 
persons  similar!}'  afflicted  and  that  such  person  is  eligible 
for  care  or  treatment,  the  department  or  the  committing 
court  may  cause  the  transfer  of  such  person  to  said  Veter- 
ans Administration  or  other  agency  of  the  United  States  for 
care  or  treatment.  Upon  effecting  any  such  transfer,  the 
committing  court  or  proper  officer  thereof  shall  be  notified 
thereof  by  the  transferring  agency.  No  person  shall  be 
transferred  to  said  Veterans  Administration  or  other  agency 
of  the  United  States  if  he  is  confined  pursuant  to  conviction 
of  any  felony  or  misdemeanor  or  if  he  has  been  acquitted  of 
the  charge  solely  on  the  ground  of  insanity,  unless  prior  to 
transfer  the  court  or  other  authority  originally  committing 
such  person  shall  enter  an  order  for  such  transfer  after  ap- 
propriate motion  and  hearing.  Any  person  transferred  as 
provided  in  this  subsection  shall  be  deemed  to  be  committed 
to  said  Veterans  Administration  or  other  agency  of  the 
United  States  pursuant  to  the  original  commitment. 

Approved  May  21,  19Jj.o. 


An  Act  relative  to  the  powers  of  the  general  elec-  ('}\ar).^\2 

TRIC  MUTUAL  BENEFIT  ASSOCIATION  AUTHORIZING  IT  TO 
PAY  FURTHER  BENEFITS  TO  ITS  MEMBERS  AND  THEIR  DE- 
PENDENT  WIVES   AND    CHILDREN. 

He  it  enacted,  etc,  as  follows: 

Section  1.  Chapter  one  hundred  and  fifty-one  of  the 
acts  of  nineteen  hundred  and  twentj^  is  hereby  amended 
by  striking  out  section  one  and  inserting  in  place  thereof 
the  following  section :  —  Section  1 .  The  General  Electric 
Mutual  Benefit  Association,  now  or  hereafter  operating  in 
any  of  the  plants  of  the  General  Electric  Company,  or  of 
the  Warren  Telechron  Company,  the  General  Electric  X-Ray 
Corporation,  the  General  Electric  Supply  Corporation,  the 
General  Electric  Credit  ( 'orporation,  the  Edison  General 
Electric  Apphance  Company,  Inc.,  the  Carboloy  Company, 
Inc.  and  the  Trumbull  Electric  Mfg.  Co.,  is  hereby  exempted 
from  all  provisions  of  the  insurance  laws  of  the  common- 
wealth and  from  the  provisions  of  chapter  one  hundred  and 
seventy-six  of  the  Genei'al  Laws  and  all  acts  in  amendment 
thereof  and  in  addition  thereto. 

Section  2.  Said  cliapter  one  hundred  and  fifty-one  is 
hereby  further  amended  by  striking  out  sections  two,  three 
and  four,  as  amended,  and  inserting  in  place  thereof  the  fol- 
lowing section :  —  Section  2.  Said  association  may  afford 
relief,  subject  to  such  conditions  as  may  be  fixed  by  its  by- 
laws, to  its  members  for  disability  caused  by  sickness  and 


26U 


Acts,  1945.  —  Chap.  313. 


accident  and  to  its  members  and  their  dependent  wives, 
liusbands,  parents  and  children  under  eigiiteen  for  hospital 
or  surgical  expenses,  or  both,  not  exceeding  a  total  of  eight 
hundred  dollars  in  any  twelve  consecutive  months,  and  in 
addition  may  pay  death  or  funeral  benefits  for  its  members 
not  exceeding  three  hundred  dollars  in  any  one  case,  but  ex- 
cept as  aforesaid  shall  not  engage  in  the  business  of  insurance. 

Approved  May  21,  1945. 


C7?ay?.313         ^^  ^^^  relative  to  group  annuity  contracts. 


G.  L.  (Ter. 
Ed.).  175,  new 
§§  132A-]32E, 
added. 

Group  annuity 

oontracts 

defined. 


"  Employees' 
defined. 


"Annuitant' 
defined. 


"  Holder 
defined. 


Issuance  of 

contracts 

regulated. 

Form  and 
contents  of 
contract. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  one  hundred  and  seventy-five  of 
the  General  Laws  is  hereby  amended  by  insertuig  after  sec- 
tion one  hundred  and  thirty-two,  as  amended,  the  five  fol- 
lowing sections:  —  Section  132 A.  A  group  annuity  contract 
is  hereby  defined  to  be  a  contract  issued  by  a  company  (a) 
to  a  person,  firm  or  corporation,  as  employer,  and  providing 
for  the  payment  of  annuities  on  all  of  his  or  its  employees 
or  any  specified  class  or  classes  thereof,  and  which  requires 
that  the  considerations  or  stipulated  payments  shall  be  paid 
by  the  employer  or  by  the  employer  and  the  employees 
jointly;  or  (6)  to  a  trustee  or  trustees  appomted  under  an 
agreement  executed  by  a  person,  firm  or  corporation  as  em- 
ployer to  admmister  a  plan  of  annuities  or  a  plan  of  annuities 
and  other  benefits,  which  permits  all  his  or  its  employees  or 
any  specified  class  or  classes  thereof  to  become  amiuitants 
and  whicli  requires  that  the  considerations  or  stipulated  pay- 
ments shall  be  paid  either  by  the  employer,  or  by  the  em- 
ployer and  his  employees  jointly,  or  with  gifts  or  other  vol- 
untary contributions  received  by  such  trustee  or  trustees. 

The  word  "employees",  as  used  in  this  section,  shall  in- 
clude retired  emploj^ees  and  officers  and  managers  of  any 
employer  and,  in  the  case  of  a  corporation,  the  employees 
of  its  subsidiary  or  affiliated  corporations,  and  the  individual 
proprietors,  partners  and  employees  of  affiliated  individuals 
and  firms  controlled  by  the  holder  through  stock  ownership, 
contract  or  otherwise. 

The  word  "annuitant",  as  used  in  this  section  and  sec- 
tions one  hundred  and  thirty-two  B  and  one  hundred 
and  thirty-two  C,  shall  mean  any  person  on  whose  life  an 
annuity  is  payable  under  a  group  annuity  contract. 

The  word  "holder",  as  used  in  this  section  and  sections 
one  hundred  and  thirty-two  B  and  one  hundred  and  thirty- 
two  D,  shall  mean  the  person,  firm,  trustee  or  trustees,  or 
corporation,  to  whom  or  to  which  a  group  annuity  contract 
is  issued. 

Section  132B.  No  group  annuity  contract  shall  be  issued 
or  delivered  in  the  commonwealth,  except  as  provided  in 
section  one  hundred  and  thirty-two  A,  nor  until  a  copy  of 
the  form  thereof  has  been  on  file  for  thirty  days  with  the 
commissioner  unless  before  the  expiration  of  such  thirty 


Acts,  1945.  —  Chap.  313.  .        261 

days  he  shall  have  approved  in  writing  the  form  of  the  con- 
tract; nor  if  the  commissioner  notifies  the  company  in 
writing  within  said  thirty  days  that  in  his  opinion  the  form 
of  the  contract  does  not  comply  with  the  laws  of  the  com- 
monwealth, specifying  his  reasons  therefor;  provided,  that 
such  action  of  the  commissioner  shall  be  subject  to  review 
by  the  supreme  judicial  court;  nor  shall  any  such  contract 
be  so  issued  or  delivered  unless  it  contains  in  substance  the 
following  provisions :  — 

1.  That  the  holder  is  entitled  to  thirty  days  of  grace 
within  which  the  payment  of  any  considerations  or  stipu- 
lated payments  falhng  due  on  the  contract  after  one  year 
from  its  date  of  issue  may  be  made,  subject,  at  the  option 
of  the  company,  to  an  interest  charge  at  a  rate,  to  be  speci- 
fied in  the  contract,  not  exceeding  six  per  cent  per  annum 
for  the  number  of  days  of  grace  elapsing  before  payment  of 
the  considerations  or  stipulated  payments. 

2.  That  (1)  the  contract,  or  (2)  a  provision  that  the  con- 
tract and  the  application  of  the  holder,  a  copy  of  which  shall 
be  attached  thereto,  or  (3)  a  provision  that  the  contract  and 
the  apphcation  of  the  holder,  a  copy  of  which  shall  be  at- 
tached thereto,  and  the  individual  applications  of  the  an- 
nuitants filed  with  the  company  and  referred  to  in  the  con- 
tract, shall  constitute  the  entire  agreement  between  the 
parties. 

3.  That  if  the  sex,  age,  service,  salary  or  any  other  fact 
affecting  the  amount  of  any  considerations  or  stipulated 
payments  payable  to  the  company  or  the  amount  or  the  date 
or  dates  of  payment  of  any  benefits  with  respect  to  any  an- 
nuitant has  been  misstated,  the  considerations  or  stipulated 
payments,  or  the  benefits,  or  both,  shall  be  the  amount  which 
would  have  been  payable  if  such  fact  or  facts  had  not  been 
misstated,  and  that,  in  no  case,  shall  the  company  be  liable 
to  pay  any  greater  benefit  with  respect  to  any  annuitant 
than  that  which  would  be  payable  on  the  basis  of  the  true 
facts  and  the  actual  considerations  or  stipulated  payments 
received  by  the  company. 

4.  That  in  case  of  the  termination,  otherwise  than  by 
death,  of  the  employment  of  an  annuitant  or  the  discontin- 
uance of  the  payment  of  considerations  or  stipulated  pay- 
ments under  the  contract,  an  annuitant  who  contributes  to 
such  considerations  or  payments  shall  be  entitled  to  a  paid- 
up  annuity,  pa3^able  commencing  on  a  fixed  date,  based  upon 
the  same  mortality  table,  rate  of  interest  and  loading  formula 
used  by  the  company  in  computing  such  considerations  or 
payments ;  that  such  annuity  shall  be  for  an  amount  at  least 
equal  to  that  purchased  by  the  contributions  of  the  annui- 
tant, determined  as  of  the  respective  dates  of  payment  of 
his  several  contributions,  as  shown  by  a  schedule  which  shall 
be  included  in  the  contract;  that,  if  the  amount  of  such 
paid-up  annuity  is  less  than  sixty  dollars  annually,  the  com- 
pany may,  at  its  option,  in  heu  of  such  paid-up  annuity,  pay 
as  a  cash  surrender  value  an  amount  at  least  equal  to  ninety- 


262  Acts,  1945.  —  Chap.  313. 

six  per  ceni,  of  Hie  aggregate  M?iioimt  of  the  atinuitanl's  ron- 
tribntions,  without  interest,  and  that  such  value  may  be 
paid  either  in  a  single  sum  or  in  equal  instalments  over  a 
period  of  not  more  than  twelve  months;  and  that,  in  case 
of  the  death  of  the  annuitant  prior  to  the  commencement 
date  of  the  annuity,  the  company  shall  pay  a  death  benefit 
at  least  equal  to  the  aggregate  amount  of  the  annuitant's 
contributions,  without  interest,  but  not  exceeding  the  aggre- 
gate amount  of  the  considerations  or  stipulated  pa^Tiients 
made  to  the  company  on  account  of  the  annuitant,  with 
interest. 

5.  That  the  company  will  issue  to  the  holder  of  the  con- 
tract, for  delivery  to  each  annuitant  who  contributes  to  the 
considerations  or  stipulated  payments  thereunder,  an  indi- 
vidual certificate  setting  forth  a  summary  of  the  benefits  to 
which  he  is  entitled  under  the  contract. 

6.  That,  in  the  case  of  a  participating  contract,  any  divi- 
dend or  dividends  apportioned  thereunder  by  the  company 
shall  be  paid  in  cash  to  the  holder  for  his  or  its  own  benefit; 
or  a  provision  that  any  such  dividend  or  dividends  shall  be 
applied  in  reduction  of  the  considerations  or  stipulated  pay- 
ments, or  portion  thereof,  paid  or  payable  by  the  holder;  or 
a  provision  that  any  such  dividend  or  dividends  may  be 
paid  in  cash  or  applied,  as  aforesaid. 

7.  That,  in  case  of  a  non-participating  contract  that  pro- 
vides for  experience  rating  credits,  any  such  credit  or  credits 
which  may  be  allowed  Iw  the  company  shall  be  paid  in  cash 
to  the  holder  of  the  contract  for  his  or  its  own  benefit;  or  a 
provision  that  any  such  credit  or  credits  shall  be  applied  in 
reduction  of  the  considerations  or  stipulated  payments,  or 
portion  thereof,  paid  by  the  holder ;  or  a  provision  that  any 
such  credit  or  credits  may  be  paid  in  cash  or  applied,  as 
aforesaid. 

Any  such  contract  may,  at  the  option  of  the  company, 
provide  that,  in  case  of  the  termination,  otherwise  than  by 
death,  of  the  employment  of  an  annuitant  or  the  discontin- 
uance of  the  payment  of  considerations  or  stipulated  pay- 
ments therevmder,  benefits  shall  be  payable  to  the  holder, 
and,  in  such  a  case,  the  contract  shall  specify  the  nature  and 
the  basis  of  the  ascertainment  of  any  such  benefits. 

Any  such  contract  may,  by  mutual  agreement  of  the  com- 
pany and  the  holder,  contain  any  provision  which  is  required 
or  authorized  ])y,  or  is  necessary  to  conform  the  contract  to, 
or  to  give  the  holder  the  benefit  of,  any  federal  statute  or 
any  rule  or  regulation  of  the  United  States  Treasury  Depart- 
ment. 

Provisions  numbered  3  and  4,  and  no  other  such  provision, 
shall  be  required  to  be  contained  in  substance  in  the  certifi- 
cate mentioned  in  provision  numbered  5. 

A  group  annuity  contract,  and  any  certificate  issued 
thereunder,  shall  be  deemed  to  contain  in  substance  any 
provision  required  by  this  section  when  in  the  opinion  of  the 
commissioner  the  provision  is  stated  in  terms  more  favor- 


Acts,  1945. —  Chap.  313.  263 


ablfi  to  the  annuitants  or  not  Ifss  favorablp  to  the  annuitants 
and  more  favorable  to  the  holder. 

Secti07i  132C.  No  group  annuity  contract,  nor  the  pro-  Exemption 
ceeds  or  benefits  thereof,  shall  be  liable,  either  before  or  [n°™t,''"n*"^' 
after  payment,  to  be  seized,  taken,  appropriated  or  applied 
by  any  legal  or  equitable  process  or  operation  of  law  to  pay 
any  debt  or  liabilities  of  the  anrmitant  or  his  beneficiary  or 
an}'-  other  person  having  any  right  thereunder;  nor  shall 
the  benefits  or  proceeds  upon  the  death  of  an  annuitant, 
when  not  made  payable  to  a  beneficiar}'-,  constitute  a  part 
of  the  estate  of  the  annuitant  for  the  payment  of  his  debts. 

Section  1820.     Under  any  group  annuit}^  contract  issued  Holder  to  i... 
by  a  domestic  mutual  life  company,  the  holder  only  shall  be  "ompa^I.v? 
a  member  of  the  company,  and  entitled  to  one  vote  by  virtue  ^■''''"• 
of  such  contract  at  the  meetings  of  the  company. 

Section  132E.     The  term   "annuity"   or   "annuity  con-  Terms     ^ 
tract"  when  used  in  this  chapter,  except  in  sections  one  "annuity  co°n- 
hundred  and  twenty-nine,  one  hundred  and  thirty  and  one  fncf  define.!. 
hundred  and  thirty-two,  shall  include  a  group  annuity  con- 
tract unless  the  context  otherwise  requires  or  a  different 
meaning  is  specifically  prescribed. 

Section  2.    Section  ninety-four  of  said  chapter  one  hun-  g.  l.  (Ter. 
dred  and  seventy-five,  as  amended,  is  hereby  further  amended  ntlameAded^' 
by  striking  out  the  first  paragraph,  as  most  recently  amended 
by  section  two  of  chapter  five  hundred  and  thirty-two  of  the 
acts  of  nineteen  hundred  and  forty-three,  and  inserting  in 
place  thereof  the  following  paragraph :  — 

Except  as  provided  in  this  section  and  in  sections  thirty-  Mutual  life 
six,  one  hundred  and  thirty-two  D  and  one  hundred  and  menfC^^reto. 
thirty-seven,  everj'-  person  insured  under  a  policy  of  life  or 
endowment  insurance  issued  by  a  domestic  mutual  life  com- 
pany shall  be  a  member  thereof  and  entitled  to  one  vote, 
and  one  vote  additional  for  each  five  thousand  dollars  of  in- 
surance in  excess  of  the  first  five  thousand  dollars,  every  per- 
son holding  an  annuity  or  pure  endowment  contract  issued 
by  any  such  company  shall  l)e  a  member  thereof  and  entitled 
to  one  vote  and,  in  the  case  of  an  annuity  contract,  one  vote 
additional  for  each  one  hundred  and  fifty  dollars  of  annual 
annuity  income  in  excess  of  the  first  one  hundred  and  fifty 
dollars,  and,  except  as  provided  in  section  one  hundred  and 
ten,  every  person  insured  under  any  policy  of  insurance  issued 
by  any  such  company  under  clause  Sixth  of  section  forty- 
seven  shall  be  a  member  thereof  and  entitled  to  one  vote. 
Holders  of  such  policies  or  contracts  shall  be  notified  of  the 
annual  meetings  of  the  company'-  by  written  notice,  or  by  an 
imprint  in  the  form  prescribed  by  section  seventy-six  upon 
the  filing  back  of  its  policies  or  contracts,  or,  in  the  case  of 
policies  upon  which  premiums  are  payable  monthly  or  of- 
tener,  on  some  other  prominent  place  on  each  policy,  and  also 
upon  premium  receipts  or  certificates  of  renewal. 

Section  3.  Section  one  himdred  and  forty-four  of  said  gi;,  ^- lyg*""- 
chapter  one  hundred  and  seventy-five,  as  most  recently  §  144.  etJ.. 
amended   by  section   three   of   chapter  two   hundred   and  •""''"'*^'^ 


264  Acts,  1945. —  Chap.  314. 

twenty-seven  of  the  acts  of  nineteen  hundred  and  forty- 
three,   is  hereby  further  amended  by  adding  at  the    end 
thereof  the  following  new  subdivision :  ~ 
apply  to^cer-"        ^^-  Nothing  in  this  section  shall  apply  to  group  annuity 
tain  group         contracts  as  defined  in  section  one  hundred  and  thirty-two  A. 
!^onSs  Section  4.     The  provisions  of  section  one  hundred  and 

forty-four  of  said  chapter  one  hundred  and  seventy-five,  as 
in  force  immediately  prior  to  the  effective  date  of  chapter 
two  hundred  and  twenty-seven  of  the  acts  of  nineteen  hun- 
dred and  forty-three,  shall  not  apply  to  group  annuity  con- 
tracts as  defined  in  section  one  of  this  act. 

Section  5.  The  provisions  of  this  act  shall  apply  only 
to  group  annuity  contracts  as  defined  in  section  one  of  this 
act,  issued  or  delivered  in  the  commonwealth  after  the  effec- 
tive date  of  this  act,  but  any  life  insurance  company  may. 
upon  the  request  of  the  holder  of  any  group  annuity  con- 
tract issued  prior  to  said  date,  whether  or  not  it  is  a  group 
annuity  contract  as  defined  in  said  section  one,  amend  such 
contract  to  incorporate  therein  in  substance  any  provision 
or  provisions  mentioned  in  said  section  one. 

Approved  May  21,  1945. 


Chap. 314:  An  Act  establishing  the  dennis  south  water  district 

IN    the   town    of   DENNIS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  inhabitants  of  the  town  of  Dennis, 
liable  to  taxation  in  said  town  and  residing  within  the 
territory  comprised  within  the  following  boundary  lines,  to 
wit :  —  beginning  at  the  intersection  of  the  boundary  line 
between  the  town  of  Dennis  and  the  town  of  Harwich  with 
Nantucket  sound  and  running  westerly  by  Nantucket 
sound  to  the  boundary  line  between  the  town  of  Dennis  and 
the  town  of  Yarmouth,  located  in  Bass  river;  and  thence 
northerlj^  b}^  the  boundary  line  between  the  town  of  Dennis 
and  the  town  of  Yarmouth  to  the  center  line  of  Setucket 
road;  and  thence  turning  and  running  easterly  by  the 
center  line  of  Setucket  road  to  the  boundary  line  between 
the  town  of  Dennis  and  the  town  of  Brewster;  and  thence 
turning  and  running  southerly  by  the  boundary  line  between 
the  town  of  Dennis  and  the  town  of  Brewster  to  the  center 
line  of  Airline  road;  and  thence  southerly  b}^  the  center  line 
of  Airhne  road  to  the  center  line  of  Old  Chatham  road;  and 
thence  turning  and  running  southeasterly  by  the  center 
line  of  Old  Chatham  road  to  the  boundary  line  between  the 
town  of  Dennis  and  the  town  of  Harwich ;  and  thence  turn- 
ing and  running  southerly  by  the  boundary  fine  between 
the  town  of  Dennis  and  the  town  of  Harwich  to  Nantucket 
sound,  the  point  of  beginning,  —  shall  constitute  a  water 
district  and  are  hereby  made  a  body  corporate  by  the  name 
of  the  Dennis  South  Water  District,  hereinafter  called  the 
district,  for  the  purpose  of  supplying  themselves  with  water 


Acts,  1945.  —  Chap.  314.  265 

for  the  extinguishment  of  fires  and  for  domestic  and  other 
purposes,  with  power  to  establish  fountains  and  hydrants 
and  to  relocate  and  discontinue  the  same,  to  regulate  the 
use  of  such  water  and  to  fix  and  collect  rates  to  be  paid 
therefor,  and  for  the  purposes  of  assessing  and  raising  taxes 
as  provided  herein  for  the  payment  of  such  services,  and  for 
defraying  the  necessary  expenses  of  carrying  on  the  business 
of  said  district,  subject  to  all  general  laws  now  or  hereafter 
in  force  relating  to  such  districts,  except  as  otherwise  pro- 
vided herein.  The  district  shall  have  power  to  prosecute 
and  defend  all  actions  relating  to  its  property  and  affairs. 

Section  2.  For  tlie  purposes  aforesaid,  the  district, 
acting  by  and  through  its  board  of  water  commissioners 
hereinafter  provided  for,  may  contract  with  any  munici- 
pality, acting  through  its  water  department,  or  with  any 
water  company,  or  with  any  water  district,  for  whatever 
water  may  be  required,  authority  to  furnish  the  same  being 
hereby  granted,  and  may  take  by  eminent  domain  under 
chapter  seventy-nine  or  chapter  eighty  A  of  the  General 
Laws,  or  acquire  by  lease,  purchase  or  otherwise,  and  hold, 
the  waters,  or  any  portion  thereof,  of  any  pond,  spring  or 
stream,  or  of  any  ground  sources  of  supply  by  means  of 
driven,  artesian  or  other  wells,  within  the  town  of  Dennis 
not  already  appropriated  for  the  purposes  of  a  public  sup- 
ply, and  the  water  and  flowage  rights  connected  with  any 
such  water  sources;  and  for  said  purposes  may  take  as 
aforesaid,  or  acquire  by  purchase  or  otherwise,  and  hold, 
all  lands,  rights  of  wa,y  and  other  easements  necessary  for 
collecting,  storing,  holding,  purifying  and  preserving  the 
purity  of  the  water  and  for  conveying  the  same  to  any  part 
of  said  district;  provided,  that  no  source  of  water  supply 
or  lands  necessary  for  preserving  the  quality  of  the  water 
shall  be  so  taken  or  used  without  first  obtaining  the  advice 
and  approval  of  the  department  of  public  health,  and  that 
the  location  and  arrangement  of  all  dams,  reservoirs,  springs, 
wells,  pumping,  purification  and  filtration  plants  and  such 
other  isvorks  as  may  be  necessary'  in  carrying  out  the  pro- 
visions of  this  act  shall  be  subject  to  the  approval  of  said 
department.  The  district  may  construct  and  maintain  on 
the  lands  acquired  and  held  imder  this  act  proper  dams, 
wells,  springs,  reservoirs,  standpipes,  tanks,  pumping  plants, 
buildings,  fixtures  and  other  structures  including  also  the 
establishment  and  maintenance  of  filter  beds  and  purifica- 
tion works  or  systems,  and  ma}'  make  excavations,  procure 
and  operate  machiner>^  and  provide  such  other  means  and 
appliances,  and  do  such  other  things  as  may  be  necessary 
for  the  establishment  and  maintenance  of  complete  and 
effective  water  works;  and  for  that  purpose  may  construct 
pipe  lines,  wells  and  reservoirs  and  establish  pumping  Vv'orks, 
and  may  construct,  lay,  acquire  and  maintain  aqueducts, 
conduits,  pipes  and  other  works  under  or  over  any  land, 
water  courses,  railroads,  railways  and  pubhc  or  other  ways, 
and  along  such  wa3'S,  in  said  town,  in  such  manner  as  not 


266  Acts,  1945. —  Chap.  314. 

unnecessarily  to  obstruct  the  same;  and  for  the  purposes  of 
constructing,  laying,  maintaining,  operating  and  repairing 
such  aqueducts,  conduits,  pipes  and  other  works,  and  for  all 
proper  purposes  of  this  act,  the  district  may  dig  up  or  raise 
and  embank  any  such  lands,  highways  or  other  ways  in 
such  manner  as  to  cause  the  least  hindrance  to  public  travel 
on  such  ways;  provided,  that  the  manner  in  which  all  things 
are  done  upon  any  such  way  shall  be  subject  to  the  direction 
of  the  selectmen  of  the  town  of  Dennis.  The  district  shall 
not  enter  upon,  or  construct  or  lay  any  conduit,  pipe  or 
other  works  within,  the  location  of  any  railroad  corporation 
except  at  such  time  and  in  such  manner  as  it  may  agree 
upon  with  such  corporation,  or,  in  case  of  failure  so  to  agree, 
as  may  be  approved  by  the  department  of  public  utilities. 
The  district  may  enter  upon  any  lands  for  the  purpose  of 
making  surveys,  test  wells  or  pits  and  borings,  and  may 
take  or  otherwise  acquire  the  right  to  occupy  temporarily 
any  lands  necessary  for  the  construction  of  any  work  or 
for  any  other  purpose  authorized  by  this  act. 

Section  3.  Any  person  sustaining  damages  in  his  prop- 
erty by  any  taking  under  this  act  or  any  other  thing  done 
under  authority  thereof  may  recover  such  damages  from 
the  district  under  said  chapter  seventy-nine  or  said  chapter 
eighty  A;  but  the  right  to  damages  for  the  taking  of  any 
water,  water  right  or  water  source,  or  for  any  injury  thereto, 
shall  not  vest  until  water  is  actually  withdrawn  or  diverted 
under  authority  of  this  act. 

Section  4.  For  the  purpose  of  paying  the  necessary  ex- 
penses and  liabilities  incurred  under  this  act,  other  than 
expenses  of  maintenance  and  operation,  the  district  may 
borrow  from  time  to  time  such  sums  as  may  be  necessary, 
not  exceeding,  in  the  aggregate,  three  hundred  and  fiftj' 
thousand  dollars,  and  may  issue  bonds  or  notes  therefor, 
which  shall  bear  on  their  face  the  words,  Dennis  South 
Watei-  District  Loan,  Act  of  1945.  Each  authorized  issue 
shall  constitute  a  separate  loan,  and  such  loans  shall  be 
payable  in  not  more  than  thirty  years  from  their  dates. 
Indebtedness  incurred  under  this  act  shall  be  subject  to  the 
provisions  of  chapter  forty-four  of  the  General  Laws  per- 
taining to  such  districts. 

Section  5.  The  district  shall,  at  the  time  of  authorizing 
said  loan  or  loans,  provide  for  the  paym(nit  thereof  in  ac- 
cordance with  section  four  of  this  act;  and,  when  a  vote  to 
that  effect  has  been  passed,  a  sum  which,  with  the  income 
derived  from  water  rates,  will  be  sufficient  to  pay  the  an- 
nual expense  of  operating  its  water  works  and  the  interest 
as  it  accrues  on  the  bonds  or  notes  issued  as  aforesaid  by 
the  district,  and  to  make  such  payments  on  the  principal  as 
may  be  i-equired  under  this  act,  shall  without  further  vote 
be  assessed  upon  the  district  by  the  assessors  of  said  town 
of  Dennis  annually  thereafter  until  the  debt  incurred  by 
said  loan  or  loans  is  extinguished. 

Section  6.     Any  land  taken  or  acquired  under  this  act 


Acts,  1945.  —  Chap.  314.  267 

shall  be  managed,  improved  and  controlled  by  the  board  of 
watei-  commissioners  hereinaft<M-  provided  for,  in  such  man- 
ner as  they  shall  deem  for  the  best  interest  of  the  district. 
All  authority  vested  in  said  board  by  this  section  shall  be 
subject  to  section  nine. 

Section  7.  Whenever  a  tax  is  duly  voted  by  the  dis- 
trict for  the  purposes  of  this  act,  the  clerk  shall  send  a  certi- 
fied copy  of  the  vote  to  the  assessors  of  said  town,  who  shall 
assess  the  same  on  property  within  the  district  in  the  same 
manner  in  all  respects  in  which  town  taxes  are  required  by 
law  to  be  assessed;  provided,  that  no  estate  shall  be  subject 
to  any  tax  assessed  on  account  of  the  system  of  water  sup- 
ply under  this  act  if,  in  the  judgment  of  the  board  of  water 
commissioners  hereinafter  provided  for,  after  a  hearing,  due 
noticp  whereof  shall  have  been  given,  such  estate  is  so  situ- 
ated that  it  can  leceive  no  aid  in  the  extinguishment  of  fire 
from  the  said  system  of  water  supply,  or  if  such  estate  is  so 
situated  that  the  buildings  thereon,  or  the  buildings  that 
might  be  constructed  thereon,  could  not  be  supplied  with 
water  from  said  system  in  any  ordinary  or  reasonable  man- 
ner; l)ut  all  other  estates  in  the  district  shall  be  deemed 
to  be  benefited  and  shall  be  subject  to  such  tax.  A  certified 
list  of  the  estates  exempt  from  taxation  under  the  provisions 
of  this  section  shall  annually  be  sent  by  said  board  of  water 
commissioners  to  said  assessors,  at  the  same  time  at  which 
the  clerk  shall  send  a  certified  copy  of  the  vote  as  aforesaid. 
The  assessment  shall  be  committed  to  the  town  collector, 
who  shall  collect  said  tax  in  the  manner  provided  by  law  for 
the  collection  of  town  taxes,  and  shall  deposit  the  proceeds 
thereof  wnth  the  district  treasurer  for  the  use  and  benefit  of 
the  district.  The  district  may  collect  interest  on  overdue 
taxes  in  the  manner  in  which  interest  is  authorized  to  be 
collected  on  town  taxes. 

Section  8.  Any  meeting  of  the  voters  of  the  territory 
included  within  the  boundaries  set  forth  in  section  one  to 
be  held  prior  to  the  acceptances  of  this  act,  and  any  meeting 
of  the  vot(TS  of  the  district  to  be  held  prior  to  the  qualifica- 
tion of  a  majority  of  the  water  commissioners,  shall  be 
called,  on  petition  of  ten  or  more  legal  voters  therein,  by  a 
warrant  from  the  selectmen  of  said  town,  or  from  a  justice 
of  the  peace,  directed  to  one  of  the  petitioners,  requiring 
him  to  give  notice  of  the  meeting  by  posting  copies  of  the 
warrant  in  two  or  more  public  places  in  the  district  seven 
days  at  least  before  the  time  of  the  meeting.  Such  justice 
of  the  peace,  or  one  of  the  selectmen,  shall  preside  at  such 
meeting  until  a  clerk  is  chosen  and  sworn,  and  the  clerk  shall 
preside  until  a  nKMleiator  is  chosen.  At  any  meeting  held 
hereunder  prior  to  the  acceptance  of  this  act,  after  the 
choice  of  a  modei-ator  for  the  meeting  the  question  of  the 
acceptance  of  this  act  shall  be  submitted  to  the  voters,  and 
if  it  is  accepted  l)y  a  majority  of  the  votei-s  present  and 
voting  thereon  it  shall  thereupon  take  effect,  and  the  meet- 
ing may  then  proceed  to  act  on  the  other  articles  in  the 


268  Acts,  1945.  —  Chap.  314. 

warrant.  After  the  qualification  of  a  majority  of  the  water 
(commissioners,  meetings  of  the  district  shall  be  called  by 
warrant  under  their  hands,  unless  some  other  method  be 
provided  b}^  by-law  or  vote  of  the  district. 

Section  9.  The  district  shall,  after  the  acceptance  of 
this  act  as  aforesaid,  elect  by  ballot,  either  at  the  same 
meeting  at  which  this  act  shall  have  been  accepted;  or  there- 
after, at  an  annual  meeting  or  at  a  special  meeting  called 
foi'  the  purpose,  three  persons,  inhabitants  of  and  voters  in 
said  district,  to  hold  office,  one  until  the  expiration  of  three 
years,  one  until  the  expiration  of  two  years,  and  one  until 
the  expiration  of  one  year,  from  the  day  of  the  next  suc- 
ceeding annual  district  meeting,  to  constitute  a  board  of 
water  commissioners;  and  at  every  annual  district  meeting 
following  such  next  succeeding  annual  district  meeting  one 
such  commissioner  shall  be  elected  by  ballot  for  the  term  of 
three  years.  The  date  of  the  next  annual  meeting  shall  be 
fixed  by  by-law  or  by  vote  of  the  board  of  water  commis- 
sioners, but  in  no  event  shall  it  be  later  than  fifteen  months 
subsequent  to  the  date  on  which  the  water  commissioners 
were  first  elected.  All  the  authority  granted  to  said  district 
by  this  act,  except  sections  four  and  five,  and  not  otherwise 
specifically  provided  for,  shall  be  vested  in  said  board  of 
water  commissioners,  who  shall  be  subject,  however,  to  such 
instructions,  rules  and  regulations  as  the  district  may  by 
vote  impose.  At  the  meeting  at  which  said  water  commis- 
sioners are  first  elected  and  at  each  annual  district  meeting 
held  thereafter,  the  district  shall  elect  by  ballot,  each  for  a 
term  of  one  year,  a  clerk  and  a  treasurer  of  the  district. 
The  treasurer  shall  not  be  a  water  commissioner,  and  shall 
give  bond  to  the  district  in  such  an  amount  as  may  be  ap- 
proved by  said  water  commissioners  and  with  a  surety 
company  authorized  to  transact  business  in  the  common- 
wealth as  surety.  A  majority  of  said  water  commissioners 
shall  constitute  a  quorum  for  the  transaction  of  bu.siness. 
Any  vacancy  occiu-ring  in  said  board  from  any  cause  may  be 
filled  for  the  remainder  of  the  unexpired  term  by  said  dis- 
trict at  any  legal  meeting  called  for  the  purpose.  No  money 
shall  be  drawn  from  the;  treasury  of  the  district  on  account 
of  its  water  works  except  upon  a  written  order  of  said  water 
commissioners  or  a  majority  of  them. 

Section  10.  Said  board  of  water  commissioners  shall  fix 
just  and  equitable  prices  and  rates  for  the  use  of  water,  and 
shall  prescribe  the  time  and  manner  of  payment.  The  in- 
come of  the  water  works  shall  be  appropriated  to  defray  all 
operating  expenses,  interest  charges  and  payments  on  the 
principal  as  they  shall  accrue  upon  any  bonds  or  notes 
issued  under  authority  of  this  act.  If  there  should  be  a  net 
surplus  remaining  after  providing  for  the  aforesaid  charges, 
it  may  be  appropriated  for  such  new  construction  as  said 
water  commissioners  may  recommend,  and  in  case  a  sur- 
plus should  remain  after  payment  for  such  new  construc- 
tion the  water  rates  shall  be  reduced  proportionately.    Said 


Acts,  1945.  —  Chap.  314.  269 

water  commissioners  shall  annually,  and  as  often  as  the 
district  may  require,  render  a  report  upon  the  condition  of 
the  works  under  their  charge,  and  an  account  of  their  doings, 
including  an  account  of  receipts  and  expenditures. 

Section  11.  The  district  may  adopt  by-laws,  prescrib- 
ing by  whom  and  how  meetings  of  the  district  may  be 
called,  notified,  and  conducted;  and,  upon  the  application 
of  ten  or  more  legal  voters  in  the  district,  meetings  may 
also  be  called  by  warrant  as  provided  in  section  eight.  The 
district  may  also  establish  rules  and  regulations  for  the 
management  of  its  water  works,  not  inconsistent  with  this 
act  or  with  any  other  provision  of  law,  and  may  choose  such 
other  officers  not  provided  for  in  this  act  as  it  may  deem 
necessary  or  proper. 

Section  12.  Whoever  wilfully  or  wantonly  corrupts, 
pollutes  or  diverts  any  water  obtained  or  supplied  under 
this  act,  or  wilfully  or  wantonly  injures  any  reservoir,  well, 
standpipe,  aqueduct,  pipe  or  other  property  owned  or  used 
by  the  district  for  any  of  the  purposes  of  this  act,  shall  for- 
feit and  pay  to  the  district  three  times  the  amount  of  dam- 
ages assessed  therefor,  to  be  recovered  in  an  action  of  tort, 
and  upon  conviction  of  any  of  the  above  wilful  or  wanton 
acts  shall  be  punished  by  a  fine  of  not  more  than  three  hun- 
dred dollars  or  by  imprisonment  for  not  more  than  one 
.year,  or  both. 

ECTiON  13.  Upon  a  petition  in  writing  addressed  to 
said  board  of  water  commissioners  requesting  that  certain 
real  estate,  accurately  described  therein,  located  in  said 
town  and  abutting  on  said  district  and  not  otherwise  served 
by  a  public  water  supply  be  included  within  the  hmits 
thereof,  and  signed  by  the  owners  of  such  real  estate,  or  a 
major  portion  of  such  real  estate,  said  water  commissioners 
shall  cause  a  duly  warned  meeting  of  the  district  to  be 
called,  at  which  meeting  the  voters  may  vote  on  the  ques- 
tion of  including  said  real  estate  within  the  district.  If  a 
majority  of  the  voters  present  and  voting  thereon  vote  in 
the  affirmative  the  district  clerk  shall  within  ten  days  file 
with  the  town  clerk  of  said  town  and  with  the  state  secre- 
tary an  attested  copy  of  said  petition  and  vote;  and  there- 
upon said  real  estate  shall  become  and  be  part  of  the  district 
and  shall  be  holden  under  this  act  in  the  same  manner  and 
to  the  same  extent  as  the  real  estate  described  in  section  one. 

Section  14.  If  the  act  establishing  the  Dennis  Water 
District,  passed  by  the  general  court  in  the  current  year, 
being  chapter  two  hundred  and  seventy-seven  of  the  acts 
of  nineteen  hundred  and  forty-five,  is  not  accepted  by  a 
majority  vote  of  the  voters  of  the  territory  included  within 
said  district  before  January  first,  nineteen  hundred  and 
forty-six,  as  provided  in  section  fourteen  of  said  act,  then 
this  act  shall  take  full  effect  upon  its  acceptance  by  a  ma- 
jority vote  of  th(i  voters  ol  the  territor}'  included  within  the 
district  established  by  SL'ctiou  one  of  this  act  present  and 
yotinK  thereon,  by  the  use  of  the  check  list,  at  a  district 


270  Acts,  1945.  —  Chap.  315. 

meeting  called,  in  accordance  with  section  eight  of  this  act 
on  or  after  January  first,  nineteen  hundred  and  forty-six, 
but  not  later  than  January  first,  nineteen  hundred  and 
fifty;  but  not  otherwise.  Approved  May  21,  194o. 


itrs. 


C/uif).'S\5  An  Act  relative  to  the  skining  of  petitions  for  re- 
counts OF  VOTES. 

Be  it  enacted,  etc.,  as  follows: 

[■>i.KM.'§i :}.").  Section  one  hundred  and  thirty-five  of  chapter  fifty-four 
etc.,  itiiHnfi.d.  of  the  General  I^aws,  as  most  recently  amended  by  chapter 
one  hundred  and  forty-nine  of  the  acts  of  nineteen  hundred 
and  forty-five,  is  hereby  further  amended  by  striking  out 
the  first  paragraph  and  inserting  in  place  thereof  the  three 
sisnii.!;  ..I  following  paragraphs:  —  A  petition  for  a  recount  may  be 
wount's  of"  filed  with  the  citj''  or  town  clerk  on  or  before  five  o'clock  in 
the  afternoon  on  the  third  day  following  a  primary  or  pre- 
liminary election,  or  on  or  before  five  o'clock  in  the  after- 
noon on  the  seventh  day  following  an  election,  in  a  ward  of 
a  city  or  in  a  town,  if  ten  or  more  voters  of  such  ward  or 
town,  except  a  town  having  more  than  twenty-five  hundred 
voters  and  voting  by  precincts  and  except  Boston,  and  in 
such  a  town  voting  by  precincts  ten  or  more  voters  of  each 
precinct  in  which  a  recount  is  petitioned  for  and  in  Boston 
fifty  or  more  voters  of  a  ward,  shall  sign  in  person  as  regis- 
tered, adding  thereto  their  respective  residences  on  the  pre- 
ceding January  first,  or  their  residence  when  registered  if 
subsequent  thereto,  and  the  place  where  such  person  is  then 
living,  with  the  street  and  number,  if  any. 

Such  petition  shall  contain  a  statement,  sworn  to  by  one 
of  the  subscribers,  that  they  have  reason  to  believe  and  do 
believe  that  the  records,  or  copies  of  records,  made  by  the 
election  officers  of  such  ward  or  town,  or  of  such  precinct  in 
a  town  having  more  than  twenty-five  hundred  voters  and 
voting  by  precincts,  are  erroneous,  specifying  wherein  they 
deem  such  records  or  copies  thereof  to  be  in  error,  or  that 
challenged  votes  were  cast  by  persons  not  entitled  to  vote 
therein,  and  that  they  believe  a  recount  of  the  ballots  cast 
in  such  wards,  precincts  or  town  will  affect  the  nomination 
or  election  of  one  or  more  candidates  voted  for  at  such  pri- 
mary, preliminary  election  or  election,  specifying  the  candi- 
date or  candidates,  or  will  affect  the  decision  of  a  question 
voted  upon  at  such  election,  specifying  the  question,  the 
city  or  town  clerk  shall  forthwith  transmit  such  petition 
and  statement,  and  the  envelopes  or  containers  containing 
the  ballots  cast,  sealed,  to  the  registrars  of  voters. 

The  registrars  shall  first  examine  the  petition  and  state- 
ment and  attach  thereto  a  certificate^  of  the  nmnber  of 
names  of  subscribers  which  are  names  of  registered  voters 
in  such  ward,  precinct  or  town  and  shall  then,  without  un- 
necessary delay,  but  not  before  the  last  hour  for  filing  peti- 
tions for  lecounts  as  aforesaid,  open  the  envelopes  or  con- 
tainers, recount  the  l)allots  cast  and  determine  the  questions 


Acts,  1945.  —  Chap.  316.  271 

raided,  and  shall  examine  all  ballots  cast  by  or  for  challenged 
voters  and  reject  any  such  ballot  cast  by  or  for  a  person 
found  not  to  have  been  entitled  to  vote.  They  shall  endorse 
on  the  back  of  every  ballot  so  rejected  the  reason  for  such 
rejection  and  said  statement  shall  be  signed  by  a  majority 
of  said  registrars.  A  member  of  the  board  of  registrars  shall 
endorsee  over  his  signature  on  the  back  of  each  protested 
ballot  the  block  number  of  which  it  is  a  part  and  the  office 
for  which  the  vote  is  protested,  together  with  the  name  of 
the  candidate  for  whom  the  vote  is  counted.  Upon  a  re- 
covmt  of  vot(>s  for  town  officers  in  a  town  where  the  select- 
men are  members  of  the  board  of  registrars  of  voters,  the 
recount  shall  be  made  by  the  moderator,  who  shall  have 
all  the  powers  and  perform  all  the  duties  conferred  or  im- 
posed by  this  section  upon  registrars  of  voters. 

Approved  May  21,  1945. 


An  Act  relative  to  the  furnishing  of  certain  potjcies  CJiap,^lQ 

OF    LIABILITY    INSURANCE    BY    SELF-INSURERS    UNDER    THE 
workmen's    COMPENSATION    LAW. 

Be  it  enacted,  etc.,  as  follows: 

Sub-paragraph  (a)  of  section  twenty-five  A  of  chapter  one  g.  l.  (Ter. 
hundred  and  fifty-two  of  the  General  Laws,  inserted  by  sec-  §'25a^pu-  . 
tion  seven  of  chapter  five  hundred  and  twenty-nine  of  the  •""'-"'le'i 
acts  of  nineteen  hundred  and  forty-three,  is  hereby  amended 
by  striking  out,  in  the  fovu'teenth  line,  the  word  "market" 
and  by  inserting  after  the  word  "the"  in  the  same  line  the 
word :  —  market,  — -  and   by   striking   out,    in   the   twenty- 
ninth  line,  the  words  "approved  by  the  department,",  — 
so  as  to  read  as  follows:  — 

(a)  By  keeping  on  deposit  with  the  state  treasurer  in  Deposits 
trust  for  the  benefit  and  security  of  employees  such  amount  treasurer!' 
of  securities,  not  less  in  market  value  than  ten  thousand 
dollars,  as  may  be  required  by  the  department,  said  securi- 
ties to  be  in  the  form  of  cash,  bonds,  stocks  or  other  evidences 
of  indebtedness  as  the  department  may  require,  and  to  be 
used,  liquidated  and  disbursed  only  upon  the  oi'der  of  the 
department  for  the  purposes  of  paying  the  benefits  provided 
for  by  this  chapter.  The  department  shall,  from  time  to 
time,  determine  the  liabilities  of  a  self-insurer  both  incurred 
or  to  be  incurred  because  of  personal  injuries  to  employees 
under  this  chapter.  The  department  may  at  any  time  re- 
quire an  additional  deposit  or  further  security  or  permit  a 
decrease  in  the  value  of  said  deposit  provided  the  market 
value  of  said  deposit  in  no  case  shall  be  less  than  ten  thou- 
sand dollars.  The  department  may  permit  a  substitution 
of  securities  in  place  of  those  deposited.  Interest,  dividends 
and  other  income  from  said  deposit  or  deposits  shall  be  pay- 
able to  the  employer  who  deposited  them,  unless  and  until 
the  department  shall  direct  otherwis(\  The  deposit  or  de- 
posits may  be  returned  to  lh(;  emploj-^er  if  the  employer  shall 


272  Acts,  1945.  —  Chaps.  317,  318. 

insure  with  an  insurer  under  subsection  (1)  of  this  section, 
or  qualify  as  a  self-insurer  under  sub-paragraph  (b)  of  this 
section,  or  if  he  shall  cease  to  transact  business  in  the  com- 
monwealth; provided,  that  in  any  case  he  satisfies  the  de- 
partment that  he  is  not  under  any  obligation  to  pay  com- 
pensation under  this  chapter,  or,  if  the  department  so 
requires,  he  furnishes  the  department  with  a  single  premium 
non-cancellable  policy,  securing  him  against  any  liability 
that  may  have  arisen  under  this  chapter.  No  deposit  so 
deposited  shall  be  assignable  or  subject  to  attachment  or  bo 
liable  in  any  way  for  the  debt  of  the  self-insurer. 

Approved  May  21,  1945. 


C hap. S17  An  Act  extending  certain  fishincx  rights  in  mattakes- 

SETT  creek  and  CRAXTUXETT  COVE  IN  THE  TOWN  OF 
EDGARTOWN  HERETOFORE  GRANTED  TO  THE  PROPRIETORS 
OF  THE  NEW  MATTAKESSETT  CREEKS. 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.  Section  one  of  chapter  two  hundred  and 
sixty-eight  of  the  acts  of  nineteen  hundred  and  thirty-five 
is  hereby  amended  by  striking  out,  in  the  fourth  line,  the 
word  "thirty-six"  and  inserting  in  place  thereof  the  word: 
—  forty-six,  —  so  as  to  read  as  follows:  —  Section  1.  The 
Proprietors  of  the  New  Mattakessett  Creeks,  a  corporation 
established  by  law  and  located  in  the  town  of  Edgartown, 
for  a  period  of  ten  years  from  February  twenty-seventh, 
nineteen  hundred  and  forty-six,  may  catch  fish,  by  means 
of  nets,  seines,  drag  seines,  traps  or  pounds,  as  said  corpora- 
tion may  determine,  in  Mattakessett  creek  and  in  that  por- 
tion of  the  Great  pond,  so  called,  lying  easterly  of  Jenkins 
Point  and  commonly  known  as  Craxtuxett  cove,  or  either 
of  them,  in  said  town;  provided,  that,  on  or  before  Febru- 
ary first  in  each  of  said  ten  years,  said  corporation  shall  pay 
to  said  town  the  sum  of  twenty-five  dollars. 

Section  2.  This  act  shall  take  effect  on  February  twentj'-- 
seveiith,  nineteen  hundred  and  forty-six. 

Approved  May  21,  1945. 

Chap. 318  An  Act  establishing  a  limit  for  the  duration  of  in- 
active LICENSES  of  common  CARRIERS  OF  PASSENGERS 
BY  motor  vehicle,  IN  THE  ABSENCE  OF  CERTIFICATES  OF 
PUBLIC    CONVENIENCE   AND    NECESSITY. 

He  it  enacted,  etc.,  as  follows: 

EdV'i59A  Section  1.     Section   four  of  chapter  one  hundred  and 

§  4,  nmenripd.     fifty-uine  A  of  the  General  Laws,  as  appearing  in  the  Ter- 
centenary Edition,  is  hereby  amended  by  striking  out  the 
first  sentence  and  inserting  in  place  thereof  the  three  fol- 
du^ition'^of"'     lowing  Sentences:  — A  license  issued  under  this  chapter  on 


rertain  licenses  or  after  Novembcr  first,  nineteen  hundred  and  forty-five,  foi- 


Acts,  1945.  —  Chap.  319.  273 

operations  as  to  which  no  certificate  of  public  convenience  of  C9mni..t. 
and  necessity  under  section  seven  is  obtained  within  three  ''^""""'' 
3^ears  after  the  date  when  such  license  is  issued  by  the  li- 
censing authority,  which  in  a  city  shall  mean  the  date  of  its 
approval  by  the  mayor,  shall  become  null  and  void  upon  the 
expiration  of  said  three  years.  Such  a  license  issued  before 
said  November  first  under  the  provisions  of  law  applicable 
thereto  or  under  this  chapter,  and  remaining  in  force  on  said 
date,  for  operations  as  to  which  such  a  certificate  is  not  ob- 
tained before  the  expiration  of  five  years  after  said  Novem- 
ber first,  shall  become  null  and  void  upon  the  expiration  of 
said  five  years.  Each  license  so  issued  after  July  eighteenth, 
nineteen  hundred  and  twenty-seven,  for  operations  as  to 
which  such  a  certificate  has  been  obtained  prior  to  said  No- 
vember first,  or  is  obtained  within  three  years  thereafter  in 
the  case  of  a  license  issued  on  or  after  said  November  first, 
or  within  five  years  thereafter  in  the  case  of  a  license  issued 
befoi-e  said  date,  shall  remain  in  force  and  effect  as  to  the 
routes  and  for  the  number  of  vehicles  specified  in  such  li- 
cense or  operated  thereunder,  notwithstanding  any  limita- 
tion contained  therein  as  to  the  time  it  shall  remain  in 
effect,  until  revoked  as  hereinafter  provided. 

Section  2.    This  act  shall  take  effect  on  the  first  day  of  Etrec-tivo 
November  in  the  current  year. 

Approved  May  21,  1945. 


An  Act  authorizing  towns  to  enter  into  agreements  (^JiQp  319 

FOR  THE  removal  OF  SNOW  AND  ICE  FROM  PUBLIC  WAYS 
IN  ADJOINING  TOWNS,  INCLUDING  THE  SANDING  OF  SUCH 
WAYS. 

Be  it  enacted,  etc.,  asfollovjs: 

Chapter    eighty-four    of    the    General    Laws    is  hereby  o.  l.  (Ter. 
amended  by  inserting  after  section  five  the  following  sec-  §  5a,  Id'ded" 
tion:  —  Section  5 A.      The    selectmen,    highway    surveyor,  Agreements 
highway  commissioners,   or  other  board  or  officer  having  ^f  removal 

,  el  •  ('    ^   •     f  •  i-i°*  snow  and 

charge  of  the  mamtenance  01  highways  in  any  town  which  ire. 
accepts  this  section  may  enter  into  agreements  for  the  re- 
moval of  snow  or  ice  from,  including  sanding  on,  such  public 
ways  in  adjoining  towns  as  circumstances  make  necessary 
or  convenient,  and  any  town  performing  work  in  accordance 
with  such  agreement  may  be  reimbursed  for  the  expense 
.thereof  by  the  town  for  which  such  work  is  performed  from 
the  regular  appropriation  voted  for  highway  maintenance  or 
snow  removal. 

For  the  purposes  of  this  section,  equipment  and  employees 
of  a  town  while  engaged  in  the  removal  of  snow  or  ice  from, 
including  sanding  on,  such  public  ways  in  another  town  in 
accordance  with  this  section  shall  be  deemed  to  be  engaged 
in  the  service  and  employ  of  the  town  performing  the  work 
hereby  authorized.  Approved  May  21,  1945. 


274  Acts,  1945.  —  Chaps.  320,  821,  822. 

Chap.'S2{)  An   Act  aiithorizin*;  thk  trustees  for   eastern   naza- 

RENE  COLLEGE  TO  MAKE  CONTRACTS  TO  PAY  ANNUITIES 
AND  VALIDATING  SUCH  CONTRACTS  ALREADY  MADE  BY 
SAID    CORPORATION. 

He  it  enacted,  etc.,  as  folio tos: 

Section  1.  Trustees  for  Eastern  Nazarene  College,  a 
corporation  established  by  law  in  this  commonwealth,  may, 
in  consideration  of  the  receipt  of  funds  to  be  devoted  to  the 
purposes  for  which  it  is  incorporated,  bind  itself  to  pay 
fixed  yearly  sums  in  one  or  more  paj'-ments  each  year  to  such 
person  or  persons  as  may  be  agreed  upon,  for  a  term  of  years 
or  for  the  life  of  such  person  or  persons. 

Section  2.  Any  such  contracts  made  by  said  corporation 
prior  to  the  effective  date  of  this  act,  in  so  far  as  they  are 
illegal  for  want  of  authoritj^  to  make  the  same,  are  hereby 
validated.  Approved  May  2S,  1945. 


prcainl) 


Chaj>.2)2\    An   Act  reviving   george   kinnell  realty    company. 

Kmergonfy  Whcrcas,  The  deferred  operation  of  this  act  would  delay 

the  corporation  revived  thereby  in  resuming  the  exercise  of 
its  former  corporate  powers,  therefore  it  is  hereby  declared 
to  be  an  emergency  law,  necessary  for  the  immediate  preser- 
vation of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

George  Ivinnell  Realty  Company,  a  corporation  dissolved 
by  section  one  of  chapter  one  hundred  and  seventy-nine  of 
the  acts  of  nineteen  hundred  and  thirty-nine,  is  hereby 
revived,  with  the  same  powers,  duties  and  obligations  as  if 
said  chapter  had  not  been  passed. 

Approved  iSlaij  25,  194-5. 


Chap.322  An  Act  relative  to  the  retirement  of  certain  officers 

AND    inspectors    IN    THE    DIVISION    OF    STATE    POLICE    IN 
THE   DEPARTMENT   OF    PUBLIC    SAFETY. 

Be  it  enacted,  etc.,  as  folloics: 
G.  L.  (T.'i;.  Chapter  thirty-two  of  the  General  Laws  is  hereby  amended 

etc^l'amendod'.  by  Striking  out  section  sixty-eight,  as  amended  by  section 
one  of  chapter  five  hundred  and  forty-five  of  the  acts  of 
nineteen  hundred  and  fortj^-three,  and  inserting  in  place 
p«^nsion8  for  thereof  the  following  section :  —  Section  6S.  Any  officer  or 
state  polio.-.  inspector  of  the  department  of  public  safety  who  first  began 
service  prior  to  July  first,  nineteen  hundred  and  twenty- 
one,  if  in  the  judgment  of  the  commissioner  of  public  safety 
he  is  disabled  for  useful  service  in  the  department  and  a 
physician  designated  by  said  commissioner  certifies  that  he 
is  permanently  incapacitated,  either  physically  or  mentally, 
for  the  further  performance  of  his  duty  in  the  department, 
by  injuries  sustained  through  no  fault  of  his  own  in  the 
actual  performance  of  his  duty,  or  any  such  officer  or  in- 


Acts,  1945.  —  Chap.  323. 

spector  of  said  department  who  has  performed  faithful  serv- 
ice for  the  commonwealth  for  not  loss  than  twenty  years, 
if  in  the  judgment  of  said  commissioner  he  is  incapacitated 
for  further  service  as  a  member  of  the  department,  or  any 
such  officer  or  inspector  of  said  department  who  shall  have 
attained  the  age  of  sixty-five,  shall  be  retired,  and  shall 
annually  receive  a  pension  from  the  commonwealth  equal 
to  one  half  the  compensation  received  by  him  at  the  time  of 
his  retirement.  Said  commissioner  may  in  an  emergency 
call  upon  any  person  so  pensioned  for  such  temporary  serv- 
ice as  a  member  of  the  department  as  he  may  be  fitted  to 
perform,  and  during  such  service  there  shall  be  paid  to  him 
the  difference  between  the  rate  of  full  pay  for  such  employ- 
ment and  the  rate  of  pension  received  by  him.  Any  former 
inspector  of  the  district  police  transferred  to  the  state  board 
of  labor  and  industries  under  authority  of  section  eight  of 
chapter  seven  hundred  and  twenty-six  of  the  acts  of  nine- 
teen hundred  and  twelve  shall,  for  the  purposes  of  this 
section,  be  deemed  an  inspector  of  the  department  of  public 
safety.  Approved  May  25,  191^5. 


An  Act  relative  to  the  disposal  of  obsolete  and  use-  Chai).32'S 

LESS   papers   and   RECORDS   IN    COURTS. 

He  it  enacted,  etc.,  as  foUoios: 

Section  1.     Chapter  two  hundred  and  twenty-one  of  the  g%l-,^J''''- 
General  Laws  is  hereby  amended  by  striking  out  section  §  27Aretc., 
twenty-seven  A,  inserted  by  section  three  of  chapter  one  a'"eiifio.i. 
hundred  and  fifty-seven  of  the  acts  of  nineteen  hundred  and 
thirty-nine,   and   inserting   in   place   thereof   the   following 
section:  —  Section  27 A.     The  supreme  judicial  court  may  Rules  per- 
by  rule  or  order  provide  for  the  disposal  by  destruction  or  de™ "cUon  of 
otherwise  of  obsolete  and  useless  papers  or  records  which  obsolete  papers. 
have  been  filed  or  deposited  in  any  court  of  the  common- 
wealth and  of  obsolete  and  useless  notes  of  testimony  that 
have  been  preserved  in  any  such  court,  but  subject,  except 
with  respect  to  such  notes,  to  the  following  requirements:  — • 

(1)  Any  cause  to  which  the  papers  relate,  if  they  relate 
to  a  cause,  shall  have  been  finally  disposed  of  for  more  than 
twenty  years. 

(2)  No  original  paper  bearing  date  or  known  to  have 
bfien  filed  earlier  than  the  year  eighteen  hundred  shall  be 
destroyed. 

(3)  Reasonable  notice  to  the  public  shall  be  given  before 
any  such  disposal  is  made  of  any  paper. 

Any  rule  or  order  under  authority  of  this  section  may 
provide  for  the  method  of  proof  in  other  causes  of  the  con- 
tents of  papers  disposed  of  hereunder,  and  shall  govern  such 
proof,  notwithstanding  any  statutory  provision  requiring 
any  different  method  of  proof. 

The  destruction  of  papers  relating  to  matters  heard  be- 
fore a  trial  justice  or  other  magistrate,  or  old  records  of 


276  Acts,  1945. —  Chap.  324. 

notaries  public  which  are  kept  in  any  court  in  the  common- 
wealth, is  within  the  authority  provided  by  this  section. 

In  any  rule  or  order  of  the  supreme  judicial  court  under 
this  section  for  disposal  or  destruction  of  papers  preserved 
in  any  particular  court  or  clerk's  office  or  storage  place,  the 
action  so  authorized  shall  be  subject  to  the  supervision  of 
the  court  in  which  the  papers  are  preserved  and  no  papers 
shall  be  so  disposed  of  or  destroyed  without  an  order  of 
such  court,  and  in  the  case  of  a  district  court,  without  an 
order  of  the  standing  justice  of  such  district  court.  Excep- 
tions from  any  general  description  of  papers  to  be  destroyed 
may  be  made  at  any  time.  In  the  case  of  the  disposal  or 
destruction  of  records  or  papers  of  county  commissioners 
preserved  in  any  court  such  disposal  or  destruction  shall  be 
subject  to  the  joint  supervision  of  the  court  and  of  the 
chairman  of  the  county  commissioners  for  the  county. 
Effective  Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  25,  19J^5. 


Chap. 324  An  Act  further  extending  the  opportunity  to  cities 

AND    TOWNS    TO    BORROW    UNDER    THE    ACT   CREATING    THE 
EMERGENCY    FINANCE    BOARD. 

Emergency  Whereas,  The  provisions  of  law  sought  to  be  extended  by 

this  act  would,  but  for  this  act,  shortly  cease  to  be  effective, 
but  the  circumstances  and  conditions  which  made  advisable 
their  enactment  still  continue  and  it  is  accordingly  desirable 
that  said  provisions  continue  in  effect  without  interruption; 
therefore  this  act  is  hereby  declared  to  be  an  emergency 
law,  necessary  for  the  immediate  preservation  of  the  public 
convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  forty-nine  of  the  acts  of  nineteen 
hundred  and  thirty-three  is  hereby  amended  by  striking 
out  section  two,  as  most  recently  amended  by  section  one 
of  chapter  four  hundred  and  thirteen  of  the  acts  of  nineteen 
hundred  and  forty-three,  and  inserting  in  place  thereof  the 
following  section :  —  Section  2.  The  treasurer  of  any  city 
or  town,  if  authorized  by  a  two  thirds  vote,  as  defined  by 
section  one  of  chapter  forty-four  of  the  General  Laws,  and 
with  the  approval  of  the  mayor  or  the  selectmen,  may,  on 
behalf  of  such  city  or  town,  petition  the  board  to  approve 
of  its  borrowing  money  from  the  commonwealth  for  ordinary 
maintenance  expenses  and  revenue  loans,  and  the  board 
may,  if  in  its  judgment  the  financial  affairs  of  such  city  or 
town  warrant,  grant  its  approval  to  the  borrowing  as  afore- 
said of  specified  sums  not  at  any  time  exceeding,  in  the 
aggregate,  the  total  amount  represented  by  tax  titles  taken 
or  purchased  by  such  city  or  town  and  held  by  it;  provided, 
that  such  borrowing  is  made  at  any  time  or  times  prior  to 
July  first,  nineteen  hundred  and  forty-seven.  In  case  of 
such  approval,  the  treasurer  of  such  city  or  town  shall, 


Acts,  1945.  —  Chap.  324.  277 

without  further  vote,  issue  notes,  with  interest  at  such  rate 
as  may  be  fixed  by  the  treasurer  with  the  approval  of  the 
board,  in  the  amount  approved  by  the  board,  for  purposes 
of  sale  to  the  commonwealth  only,  and  said  notes,  upon 
their  tender  to  the  state  treasurer,  shall  forthwith  be  pur- 
chased by  the  commonwealth  at  the  face  value  thereof. 
Such  notes  shall  be  payable  in  not  more  than  one  year,  and 
may  be  renewed  from  time  to  time,  if  authorized  by  the 
board,  but  no  renewal  note  shall  be  for  a  period  of  more 
than  one  year,  and  the  maturity  of  any  loan  or  renewal 
shall  not  be  later  than  July  first,  nineteen  hundred  and 
forty-eight.  Such  notes  shall  be  general  obligations  of  the 
city  or  town  issuing  the  same,  notwithstanding  the  fore- 
going provisions.  Indebtedness  incurred  by  a  city  or  town 
under  authority  of  this  act  shall  be  outside  its  limit  of  in- 
debtedness as  fixed  by  chapter  forty-four  of  the  General 
Laws.  The  excess,  if  any,  of  the  amount  of  interest  pay- 
ments received  by  the  commonwealth  on  account  of  notes 
issued  by  cities  and  towns  hereunder  over  the  cost  to  the 
commonwealth  for  interest  on  money  borrowed  under  sec- 
tion five,  expenses  of  the  board,  including  compensation 
paid  to  its  appointive  members,  and  expenses  of  adminis- 
tration of  the  funds  provided  by  sections  three  and  five 
shall  be  distributed  to  such  cities  and  towns  in  November, 
nineteen  hundred  and  forty-nine,  or  earlier  at  the  discretion 
of  the  board,  in  the  proportion  which  the  aggregate  amounts 
payable  by  them  on  account  of  interest  on  such  notes  bear 
to  the  total  amounts  so  payable  by  all  cities  and  towns  here- 
under. 

Section  2.  Said  chapter  forty-nine  is  hereby  further 
amended  by  striking  out  section  five,  as  most  recently 
amended  by  section  two  of  said  chapter  four  hundred  and 
thirteen,  and  inserting  in  place  thereof  the  following  sec- 
tion :  —  Section  5.  The  state  treasurer,  with  the  approval 
of  the  governor  and  council,  may  borrow  from  time  to  time, 
on  the  credit  of  the  commonwealth,  such  sums  as  may  be 
necessary  to  provide  funds  for  loans  to  municipalities  as 
aforesaid,  and  may  issue  and  renew  notes  of  the  common- 
wealth therefor,  bearing  interest  payable  at  such  times  and 
at  such  rate  as  shall  be  fixed  by  the  state  treasurer,  with 
the  approval  of  the  governor  and  council;  provided,  that 
the  total  indebtedness  of  the  commonwealth  under  this 
section,  outstanding  at  any  one  time,  shall  not  exceed 
twenty-five  million  dollars.  Such  notes  shall  be  issued  for 
.such  maximum  term  of  years  as  the  governor  may  recom- 
mend to  the  general  court  in  accordance  with  section  3  of 
Article  LXII  of  the  amendments  to  the  constitution  of  the 
commonwealth,  but  such  notes,  whether  original  or  re- 
newal, shall  be  payable  not  later  than  November  thirtieth, 
nineteen  hundred  and  fifty.  All  notes  issued  under  this 
section  shall  be  signed  by  the  state  treasurer,  approved  by 
the  governor  and  countersigned  by  the  comptroller. 

A  pproved  May  25,  1945. 


278  Acts,  1945.  —  Chaps.  325,  326. 

Chap.S25  An  Act  postponing  the  issuance  in  the  current  tear 

BY  THE  STATE  TREASURER  OF  WARRANTS  FOR  THE  PAY- 
MENT BY  CITIES  AND  TOWNS  OF  CERTAIN  TAXES  AND 
CHARGES  AND  POSTPONING  THE  PAYMENT  OF  SUCH  WAR- 
RANTS. 

preambiT^  Whercas,  The  purpose  of  this  act,  which  is  to  postpone 

assessments  on  certain  municipahties,  cannot  be  achieved 
unless  it  takes  effect  earher  than  ninety'  days  after  it  be- 
comes a  law,  therefore  this  act  is  hereby  declared  to  be  an 
emergency  law,  necessary  for  the  immediate  preservation 
of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Not  later  than  November  first  in  the  year  nineteen  hun- 
dred and  forfy-five,  the  state  treasurer  shall  send  his  war- 
rants under  section  ten  of  chapter  five  hundred  and  sixty- 
eight  of  the  acts  of  nineteen  hundred  and  forty-three  for 
the  payment  of  all  taxes  and  charges  which  may  be  due 
and  payable  to  the  commonwealth  as  speciJically  provided 
by  law  or  as  certified  to  him  by  the  proper  state  board, 
department  or  commission,  but  not  including  charges  under 
section  nine  of  said  chapter  five  hundred  and  sixty-eight, 
and  such  warrants  shall  require  the  selectmen  or  assessors 
to  pay,  or  issue  severally  their  warrant  or  warrants  requiring 
the  treasurers  of  their  several  cities  and  towns  to  pay,  to 
the  state  treasurer  on  November  twentieth  in  the  year 
nineteen  hundred  and  forty-five  the  taxes  and  charges 
aforesaid,  any  provision  of  said  chapter  five  hundred  and 
sixty-eight  to  the  contrary  notwithstanding. 

Approved  May  25,  W^o. 


Chap.S26  An  Act  relative  to  the  division  of  the  city  of  Gard- 
ner   INTO    voting    precincts    IN    THE    CURRENT    YEAR. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  So  much  of  section  two  of  chapter  fifty-four 
of  the  General  Laws,  as  amended,  as  provides  that  "  Except 
as  provided  in  section  three,  when  new  precincts  are  estab- 
lished, the  new  division  shall  take  effect  on  the  thirty-first 
day  of  December  next  following",  shall  not  apply  to  any 
action  taken  by  the  city  coimcil  of  the  city  of  Gardner  prior 
to  June  first  in  the  current  year  under  said  section  two,  but 
any  such  action  of  the  city  council  shall  take  effect  immedi- 
ately. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  25,  1945. 


Acts,  1945.  —  Chap.  327.  279 

An  Act  extending  the  powers  of  the  commissioner  of  (^hajj.Z27 

BANKS  wqTH  RESPECT  TO  THE  MASSACHUSETTS  HOSPITAL 
LIFE  INSURANCE  COMPANY'  AND  FACILITATING  THE  REOR- 
GANIZATION  THEREOF. 

lie  it  enacted,  etc.,  as  folio los: 

Section  1.  Whenever  in  the  opinion  of  the  commissioner 
of  banks,  hereinafter  called  the  commissioner,  the  Massa- 
chusetts Hospital  Life  Insurance  Company,  hereinafter 
called  the  corporation,  requires  reorganization,  and  a  plan 
for  reorganization  hereunder  has  been  approved  by  the  com- 
missioner as  fair  and  equitable  to  all  persons  interested  and 
as  being  in  the  public  interest,  such  plan  may  be  carried  out 
imder  and  subject  to  the  provisions  of  this  act.  Any  plan 
so  approved  shall  become  effective  as  provided  in  the  fol- 
lowing sections. 

Section  2.  The  commissioner  in  his  discretion  may 
cause  the  fair  value  of  the  assets  of  the  corporation  to  be 
ascertained  and  thereafter  determine  what,  if  any,  reduc- 
tion, modification  or  variation  of  the  claims  of  persons  inter- 
ested in  special  deposits,  general  deposits  and  annuity  con- 
tracts, respectively,  or  otherwise  interested,  and  of  any 
contracts  relating  thereto,  must  be  made  in  order  to  enable 
the  corporation  to  continue  in  a  solvent  condition  and  to 
enable  said  persons  to  obtain  the  fulfillment  of  their  agree- 
ments as  nearly  as  may  be,  or  a  fair  equivalent  therefor, 
with  fairness  as  between  the  several  claims  and  classes  of 
claims,  and  to  provide  for  such  capital  structure  as  the  com- 
missioner deems  advisable;  and,  in  his  discretion,  he  maj^ 
approve  a  plan  of  reorganization  involving  such  reduction, 
modification  or  variation  if  such  plan  meets  the  conditions 
lequired  for  approval  under  section  one.  The  commis- 
sioner may,  or  at  his  direction  the  corporation  shall,  cause 
at  least  thirty  days'  notice  of  such  plan  to  be  given  in  such 
form  and  manner  as  the  commissioner  may  determine.  After 
such  plan  shall  have  been  assented  to  in  writing  by  persons 
interested  in  such  proportion  of  the  several  classes  of  such 
claims,  and  b}"-  such  proportion  of  the  stockholders,  as  the 
commissioner  and  the  board  of  directors  of  the  corporation 
deem  sufficient,  but  representing  not  less  than  two  thirds  in 
principal  amount  of  the  special  deposits,  of  the  general  de- 
posits and  of  the  annuity  contracts,  respectively,  and  not 
less  than  two  thirds  of  all  claims  against  the  corporation 
other  than  deposits  and  annuity  contracts  and  other  claims 
required  by  the  plan  to  be  paid  in  full  or  continued  as  lia- 
bilities at  their  full  amounts,  and  not  less  than  a  majority 
of  the  stock  of  the  corporation  outstanding  and  entitled  to 
vote,  the  supreme  judicial  court  for  Suffolk  county,  on  peti- 
tion of  the  commissioner  and  after  due  notice  to  the  corpo- 
ration, may  by  decree  approve  such  plan  and  authorize  or 
order  reduction,  modification  and  variation  of  the  claims  of 
persons  interested  in  special  deposits,  general  deposits, 
annuity  contracts  and  otherwise,  and  of  an^  contracts  rf*' 


280  Acts,  1945.  —  Chap.  327. 

lating  thereto,  in  accordance  with  the  plan  of  reorganization 
so  as  to  accomplish  the  purposes  stated  in  the  first  sentence 
of  this  section  equitably  as  between  the  persons  and  classes 
of  persons  interested  in  the  said  deposits,  contracts  and 
claims;  provided,  that,  if  the  holders  of  a  majority  of  the 
stock  of  the  corporation  outstanding  and  entitled  to  vote 
shall  not  have  assented  to  the  plan,  the  plan  may  be  sub- 
mitted to  the  court  and  the  court  may  approve  the  same 
and  authorize  or  order  reduction,  modification  and  variation 
as  aforesaid  and  may  make  such  further  order  with  respect 
to  such  stock  as  justice  and  equity  may  require.  The  ap- 
proved plan  of  reorganization  as  affected  by  the  decree  of 
the  court  shall  become  effective  upon  the  entry  of  such 
decree. 

Section  3.  The  plan  may,  but  need  not,  provide  for  the 
establishment  of  funds  to  be  administered  for  the  benefit  of 
any  class  or  classes  of  claims  by  means  of  segregation  of 
assets,  contract,  trust,  obligations  of  or  shares  in  corpora- 
tions, or  by  any  other  method ;  and  the  contracts  relating  to 
any  such  claims  may  be  modified  and  varied  to  give  effect 
to  this  provision  if  authorized  or  ordered  by  the  court  as 
provided  in  section  two.  Without  limiting  the  generality  of 
the  foregoing,  provision  may  be  made  for  establishing  sepa- 
rate or  collective  trusts  for  deposit  contracts  exceeding  such 
minimum  amount  and  subject  to  such  other  conditions  as 
may  be  prescribed  in  the  plan.  The  corporation  may  act 
as  trustee  of  any  such  trust. 

Section  4.  If  a  plan  of  reorganization  shall  have  become 
effective  as  provided  in  section  two,  all  persons  then  or 
thereafter  interested  in  special  deposits,  general  deposits, 
annuity  contracts  and  otherwise,  and  all  other  creditors  and 
stockholders  of  the  corporation,  whether  or  not  they  shall 
have  assented  to  such  plan,  shall  be  fully  and  in  all  respects 
subject  to  and  bound  by  the  provisions  of  such  plan,  and 
their  rights  and  claims  and  any  contracts  relating  thereto 
shall  be  treated  as  if  such  persons  had  assented  to  such  plan ; 
provided,  that  if  any  person,  or  the  legal  representative  of 
any  person,  interested  in  any  special  deposit,  general  deposit 
or  annuitj'^  contract  shall,  within  such  reasonable  time  as  the 
commissioner  and  the  court  allow  for  the  purpose,  notify 
the  commissioner  in  writing  of  his  dissent  from  the  plan  and 
of  his  desire  to  have  the  benefit  of  this  section,  there  shall  be 
set  apart  and  held  by  the  corporation  for  each  such  special 
deposit,  general  deposit  or  annuity  contract  with  respect  to 
which  a  dissent  is  filed,  such  assets  of  the  corporation  as 
the  commissioner  shall  determine  fairly  represent  the  real- 
izable value  of  all  interests  under  such  deposit  or  contract. 
Amounts  so  set  apart  maj'^  be  commingled  as  a  single  fund 
and  shall  in  other  respects  be  administered  as  the  court  shall 
determine  to  be  as  nearly  as  practicable  in  accordance  with  the 
terms  of  the  instiuments  establishing  the  sp(?cial  deposits, 
general  deposits  or  annuity  contracts  involved  and  shall 
orcler  in  its  decree  approving  the  plan;    and  the  p(*rsons 


Acts,  1945.  —  Chap.  327.  281 

interested  in  such  special  deposits,  general  deposits  and  an- 
nuity contracts  shall  not  be  entitled  to  share  in  the  other 
assets  or  income  of  the  corporation.  The  valuation  placed 
upon  the  assets  of  the  corporation  by  the  commissioner 
under  section  two  and  his  determination  under  this  section 
of  the  reahzable  value  of  the  interests  under  an}^  deposit  or 
contract  shall  be  final  and  conclusive  upon  all  persons  then 
or  thereafter  interested,  except  that  the  court  approving  the 
|)lan  may  review  or  modify  such  valuation  or  determination 
on  the  petition  of  an  interested  party  filed  within  such  rea- 
sonable time  as  the  court  may  allow  therefor  after  the  com- 
missioner's petition  for  approval  of  the  plan  is  filed  as  pro- 
vided in  section  two. 

Section  5.  If  the  commissioner  shall  approve  a  plan  for 
reorganization  of  the  corporation  as  aforesaid,  the  supreme 
judicial  court  for  Suffolk  county  shall  on  the  petition  of  the 
commissioner  appoint  one  or  more  persons  to  represent  as 
guardian  or  guardians  ad  litem  persons  or  classes  of  persons 
who  may  be  or  may  become  interested  in  special  deposits, 
general  deposits,  annuity  contracts  or  other  claims  against 
the  corporation  and  who  are  minors  or  persons  under  dis- 
ability or  not  ascertained  or  not  in  being.  The  guardian  or 
guardians  ad  litem  so  appointed  shall  have  power,  on  behalf 
of  persons  or  classes  of  persons  whom  they  represent,  to 
assent  as  provided  in  section  two  or  to  dissent  or  petition 
for  review  as  provided  in  section  four.  A  decree  by  the  court 
made  after  such  appointment  shall  be  conclusive  upon  all 
persons  and  classes  of  persons  for  whom  such  guardian  or 
guardians  ad  litem  were  appointed.  Any  person  or  corpo- 
ration acting  as  trustee,  executor,  administrator,  guardian, 
conservator  or  fiduciary  in  any  capacity,  or  any  charitable 
or  religious  institution  or  organization,  in  addition  to  all 
other  powers  conferred  upon  them  by  law,  shall  have  power 
to  assent  to  such  plan  and  accept  the  provisions  thereof  or 
to  dissent  therefrom,  in  accordance  with  the  provisions  of 
this  act  and  of  the  plan. 

Section  6.  In  connection  with  the  consummation  of  any 
plan  of  reorganization,  the  corporation  may  reduce  the  par 
value  of  its  common  stock  to  one  dollar  or  more  per  share; 
and  may  under  any  general  provisions  of  law  relative  to  in- 
surance companies  or  business  corporations  organize  one  or 
more  subsidiary  corporations,  transfer  to  any  such  subsidi- 
ary such  property,  and  cause  the  subsidiary  to  assume  or 
undertake  such  obligations  and  to  issue  and  distribute  or 
otherwise  dispose  of  such  capital  stock  and  securities,  as 
shall  be  provided  for  in  the  plan  of  reorganization  and  or- 
dered by  the  court.  Any  such  stock  or  securities  may  be 
held  by  the  corporation  or  sold  or  otherwise  disposed  of  by 
it.  No  such  stock  or  securities  issued  in  connection  with  the 
plan  shall  be  deemed  to  be  securities  within  the  meaning  of 
chapter  one  hundred  and  ten  A  of  the  General  Laws. 

Section  7.  When  any  plan  of  reorganization  becomes 
effective  under  authority  of  this  act,  all  books,  records  and 


282  Acts,  1945. —  (^hap.  328. 

assets  of  the  corporation  as  reorganized  except  those  belong- 
ing to  the  trusts  hereinafter  referred  to  shall  be  disposed  of 
in  accordance  with  such  plan  and  the  affairs  of  the  corpora- 
tion shall  be  conducted  in  accordance  with  law  and  subject 
to  the  conditions,  restrictions  and  limitations  prescribed  in 
the  plan  as  approved  by  the  court.  Nothing  in  this  act 
contained  shall  be  construed  to  affect  in  anj^  way  the  Hospi- 
tal Life  Trust  established  by  a  declaration  of  trust  dated 
November  one,  nineteen  hundred  and  thirty-three,  and 
recorded  in  the  registry  of  deeds  for  Suffolk  county,  or  any 
other  declaration  of  trust  hereafter  adopted  by  said  corpo- 
ration pursuant  to  chapter  two  hundred  and  forty-eight  of 
the  acts  of  nineteen  hundred  and  thirty-eight  as  amended 
hereby,  or  the  certificates  of  beneficial  interest  now  or  here- 
after issued  under  any  such  declaration  of  trust. 

Section  8.  For  the  purposes  of  the  assents  required  by 
.section  two,  the  term  "special  deposits"  shall  mean  all  in- 
struments, entitled  "deposit"  or  otherwise  entitled,  issued 
by  the  corporation  under  which  the  corporation  agrees  to 
pay  the  principal  sum  without  deduction  for  losses  or  to  hold 
the  principal  sum  in  perpetuity;  the  term  "annuity  con- 
tracts" shall  mean  all  instruments  issued  by  the  corporation 
under  which  it  agrees  to  pay  a  fixed  sum  annually  or  oftener 
for  a  life  or  lives,  whether  or  not  with  cash  refund,  and  w^hich 
in  effect  are  similar  to  annuities  commonly  issued  by  life  in- 
surance companies;  and  the  term  "general  deposits"  shall 
mean  all  instruments,  other  than  special  deposits  and  an- 
nuity contracts,  issued  by  the  corporation  whether  entitled 
"depo.sit",  "deposit  in  trust",  "annuity  in  trust",  "endow- 
ment in  trust",  or  otherwise.  For  other  purposes  of  this 
act  and  of  the  plan,  the  commissioner,  with  the  approval  of 
the  court,  may  make  such  other  classification  and  subdivi- 
sions of  claims  as  in  his  opinion  equity  and  justice  may 
require,  according  to  the  nature  of  the  respective  claims. 

Section  9.  The  supreme  judicial  court,  or  any  justice 
thereof,  shall  have  jurisdiction  in  equity  to  enforce  the  pro- 
visions of  sections  two  to  eight,  inclusive,  and  to  act  upon 
all  appfications  and  in  all  proceedings  thereunder. 

Section  10.  The  last  sentence  of  section  two  of  chapter 
two  hundred  and  forty-eight  of  the  acts  of  nineteen  hundred 
and  thirty-eight  is  hereby  repealed. 

Section  11.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  the  Massachusetts  Hospital  Life  Insurance 
Company,  but  not  otherwise.       Approved  May  25,  191^5. 


Chap.S2S  An  Act  liberalizing  the  laws  relative  to  allowance 

OF    BILLS   OF    EXCEPTIONS    IN    CIVIL    C.\USES. 

Be  it  enacted,  etc.,  as  folio i as: 

G.  L.  (Ter.  Section  one  hundred  and  thirteen  of  chapter  two  hundred 

fti3^'^''  ^^^  thirty-one  of  the  General  Laws,  as  appearing  in  the  Ter- 

ivmended.  Centenary  Edition,  is  hereby  amended  by  adding  at  the  end 


Acts,  1945. —  Chap.  329.  283 

the  following;  sentences:  —  The  presiding  justice  may,  if,  in 
his  opinion,  a  hill  of  exceptions  is  filed  in  good  faith,  and  jus- 
tice so  requires,  allow  such  bill  of  exceptions  although  the 
excepting  party  or  his  attorney  failed,  through  inadvertence, 
to  comply  wth  all  of  the  provisions  of  this  section.  If, 
through  inadvertence,  a  party  who  has  duly  claimed  excep- 
tions failed  to  file  a  bill  of  exceptions  within  said  twenty 
days  or  within  such  further  time  as  may  have  been  allowed, 
the  presiding  justice  may,  before  final  judgment,  upon  mo- 
tion after  notice  and  hearing,  allow  a  bill  of  exceptions  to 
be  filed  and  may  allow  such  bill  of  exceptions,  —  so  as  to 
read  as  follows:  —  Section  113.  Exceptions  may  be  alleged  Bin  of 
by  any  party  aggrieved  by  an  opinion,  ruling,  direction  or  fndvii""^ 
judgment  of  the  supreme  judicial  court,  of  the  superior  court,  '"-^'^^es. 
or  of  the  land  court,  rendered  upon  any  matter  of  law  in 
any  civil  cause,  according  to  the  course  of  the  common  law 
or  otherwise,  tried  by  a  jury  or  heard  by  the  court,  or  upon 
a  motion  for  a  new  trial.  The  exceptions  shall  be  reduced 
to  writing  in  a  summary  manner  and  filed  with  the  clerk, 
and  notice  thereof  shall  be  given  to  the  adverse  party,  in 
civil  cases  tried  by  a  jury,  within  twenty  days  after  the  ver- 
dict is  rendered,  and  in  cases  tried  without  a  jury,  within 
twenty  days  after  the  notice  of  the  decision  has  been  re- 
ceived, unless  furthei'  time  is  allowed  by  the  court.  The 
presiding  justice  shall  thereafter,  upon  their  presentation  to 
him  by  any  party  to  the  action,  examine  the  exceptions,  and 
after  hearing  the  parties,  determine  whether  they  are  con- 
formable to  the  truth.  The  excepting  party  may  be  allowed 
to  make  such  amendments  to  his  bill  of  exceptions  as  will 
make  it  a  more  accurate  statement  of  the  exceptions  origi- 
nally filed  by  him.  If  the  presiding  justice  finds  that  the 
exceptions,  with  any  amendments  thereof  thus  allowed,  are 
conformable  to  the  truth,  he  shall  allow  them.  The  presid- 
ing justice  may,  if,  in  his  opinion,  a  bill  of  exceptions  is  filed 
in  good  faith,  and  justice  so  requires,  allow  such  bill  of  ex- 
ceptions although  the  excepting  party  or  his  attorney  failed, 
through  inadvertence,  to  comply  with  all  of  the  provisions  of 
this  section.  If,  through  inadvertence,  a  party  who  has  duly 
claimed  exceptions  failed  to  file  a  bill  of  exceptions  within 
said  twenty  days  or  within  such  further  time  as  may  hav(5 
been  allowed,  the  presiding  justice  may,  before  final  judg- 
ment, upon  motion  after  notice  and  hearing,  allow  a  bill  of 
exceptions  to  be  filed  and  may  allow  such  bill  of  exceptions. 

A  pproved  May  25,  1945. 


An  Act  eliminatinc;  the  requirement  of  medical  ex-  Chap.S2Q 

AMINATION  AS  A  PREREQUISITE  TO  THE  ISSUANCE  OF 
DEATH  BENEFIT  CERTIFICATES  AS  TO  CHILDREN  BY  FRA- 
TERNAL  BENEFIT   SOCIETIES. 

lie  it  enacted,  etc.,  as  follows: 

Section  twenty-four  of  chapter  one  hundred  and  seventy-  g.  l.  (Ter. 
six  of  the  General  Laws,  as  amended  by  chapter  three  hun-  §  24,'  etc' 

amended. 


284 


Acts,  1945.  —  Chap.  330. 


Death  bent^lit 
certificates. 


dred  and  twenty-two  of  the  acts  of  nineteen  hundred  and 
forty-one,  is  hereby  further  amended  by  striking  out,  in  the 
second  to  the  fifth  Hnes,  inclusive,  the  words  "take  effect 
until  after  medical  examination  or  inspection  by  a  licensed 
medical  practitioner,  in  accordance  with  the  by-laws  of  the 
society,  nor  shall  any  such  benefit  certificate", — so  that 
the  first  sentence  will  read  as  follows :  —  No  death  benefit 
certificate  as  to  any  child  shall  be  issued  unless  the  society 
shall  simultaneously  put  in  force  at  least  five  hundred  such 
certificates,  on  each  of  which  at  least  one  assessment  has 
been  paid,  nor  where  the  number  of  lives  represented  by 
such  certificates  falls  below  five  hundred;  provided,  that  a 
society  which  has  so  put  in  force  at  least  five  hundred  cer- 
tificates on  each  of  which  at  least  one  assessment  has  been 
paid  may,  during  the  year  after  first  putting  in  force  said 
number  of  certificates,  continue  to  issue  certificates  not- 
withstanding withdrawals  reducing  the  number  of  certifi- 
cates in  force  to  less  than  five  hundred,  if  the  number  of 
such  certificates  does  not  remain  below  five  hundred  for  a 
period  exceeding  ninety  days.        Approved  May  25,  1945. 


Chap.SSO  An  Act  giving  certain  rights  to  school  principals  and 

SUPERVISORS   IN    CASES   OF   DEMOTION. 


G.  L.  (Ter. 
Eci.).  71, 
new  §  42A, 
added. 

School  prin- 
cipals, etc., 
demotion  of, 
rights  of. 


Be  it  enacted,  etc.,  as  follows: 

Chapter  seventy-one  of  the  General  Laws  is  hereby 
amended  by  inserting  after  section  forty-two,  as  amended, 
the  following  section:  —  Section  4^ A.  No  principal  or 
supervisor  who  has  served  in  that  position  for  over  three 
years  shall  without  his  consent  be  demoted  except  for  in- 
efficiency, incapacity,  unbecoming  conduct,  insubordination 
or  other  good  cause;  nor  unless,  at  least  thirty  days,  exclu- 
sive of  customary  vacation  periods,  prior  to  the  meeting  at 
which  the  vote  is  to  be  taken,  he  shall  have  been  notified  of 
such  intended  vote;  nor  unless,  if  he  so  requests,  he  shall 
have  been  furnished  by  the  committee  with  a  written  charge 
or  charges  of  the  cause  or  causes  for  which  his  demotion  is 
proposed;  nor  unless,  if  he  so  requests,  he  has  been  given  a 
hearing  before  the  school  committee,  which  may  be  either 
public  or  private  at  the  discretion  of  the  school  committee, 
and  at  which  he  may  be  represented  by  counsel,  present 
evidence  and  call  witnesses  to  testify  in  his  behalf  and 
examine  them;  nor  unless  the  charge  or  charges  shall  have 
been  substantiated;  nor  unless  the  superintendent  shall 
have  given  the  committee  his  recommendations  thereon. 

Approved  May  25,  1945. 


Acts,  1945.  —  Chaps.  331,  332,  333.  285 


An  Act  requlrinc  vouchers  for,  or  a.ffii>avits  as  to,  Chap. 331 

CERTAIN      DISBURSEMENTS      BY      FRATERNAL      BENEFIT     SO- 
CIETIES. 

lie  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  seventy-six  of  the  General  Laws  c;.  l.  (Ter. 
is  hereby  amended  by  inserting  after  section  thirty-seven,  Ji;''v'§^l7A, 
as  appearing  in   the  Tercentenary   Edition,   the  following  --^Mexi. 
section :  —  Section  37 A .     No  fraternal  benefit  society  shall  <^enahi 

,  1-    1  t  r    n  n  i     11  ,    (lisbur.setnents 

make  any  disbursements  oi  nitecn  dollars  or  more,  except  by  fraternal 
disbursements  on  account  of  the  return  of  dues  paid  in  ^u-^uh^t^C^"'' 
advance,  unless  the  same  be  evidenced  by  a  voucher  signed 
by  or  on  behalf  of  the  person  receiving  the  monej^  and  cor- 
rectly describing  the  consideration  for  the  payment,  and  if 
the  same  be  for  services  and  disbursements  setting  forth 
the  services  rendered  and  an  itemized  statement  of  the  dis- 
bursements made;  and  if  it  be  in  connection  with  any 
matter  pending  before  any  legislature  or  public  body,  or 
before  any  department,  board,  commission  or  officer  of  any 
government,  whether  local,  state  or  national,  correctly 
describing  in  addition  the  nature  of  the  matter  and  of  the 
interest  of  such  society  therein;  or,  if  such  voucher  cannot 
be  obtained,  by  an  affidavit  stating  the  reason  for  not  ob- 
taining such  voucher,  and  setting  forth  the  particulars  above 
mentioned.  Approved  May  25,  19Jf5. 


An  Act  authorizing  the  county  of  essex  to  reimburse  Chap.332 

ALBERT  L.  STEWART  FOR  CERTAIN  EXPENSES  INCURRED  BY 
REASON  OF  INJURIES  SUSTAINED  BY  HIM  WHILE  AN  IN- 
MATE AT  THE   ESSEX   COUNTY   INDUSTRIAL   FARM. 

He  it  enacted,  etc.   as  folloios: 

Section  1.  For  the  purpose  of  discharging  a  moral  obli- 
gation, the  county  commissioners  of  Essex  county  may  pay 
to  Albert  L.  Stewart  of  Beverly  the  sum  of  seventy-five  dol- 
lars to  reimburse  him  for  expenses  of  medical  and  hospital 
care  incurred  by  him  on  account  of  injuries  received  while 
an  inmate  at  the  Essex  county  industrial  farm. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance during  the  current  year  by  the  county  commis- 
sioners of  Essex  county,  but  not  otherwise. 

Approved  May  25,  191^5. 


An  Act  relating  to  the  reassessment  of  local  taxes.  Chap.333 

Be  it  enacted,  etc.,  as  follows: 

Chapter  fifty-nine  of  the  General  Laws  is  hereby  amended  o  l  (Ter. 
by  striking  out  section  seventy-seven,  as  appearing  in  the  amemi'Mi. 
Tercentenaiy  Edition,  and  inserting  in  place  thereof  the  fol- 
lowing section :  —  Section  77.     Every  tax  except  a  poll  tax,  Reasseesment 
which  is  invalid  by  reason  of  error  or  irregularity  in  the  as-  " 


286  Acts,  1945.  —  Chaps.  334,  335. 

sessmeni  and  every  tax  on  land  which,  by  reason  <»f  snch 
error  or  irregularity,  does  not  constitute  a  valid  lien  on  such 
land,  may,  if  it  has  not  been  paid  in  full,  or  ii  it  has  been 
recovered  back,  oi-  if  it  has  been  paid  under  such  circum- 
stances that  it  can  be  recovered  back,  be  reassessed  by  the 
assessors  for  the  time  being,  to  the  just  amount  to  which, 
on  the  estate  on  which,  and  to  the  person  to  whom,  it  ought 
at  first  to  have  been  assessed,  whether  such  person  has  con- 
tinued an  inhabitant  of  the  town  or  not.  A  reassessed  tax 
on  land  shall  be  a  hen  thereon  for  the  same  period  and  under 
the  same  conditions  as  the  original  tax,  if  it  had  constituted 
a  valid  lien,  would  be,  except  where  the  reassessment  is  mad(^ 
after  such  period  has  expired.  The  reassessment  of  a  tax  on 
land  shall  not  be  defeated  by  an  aUenation  of  such  land;  but 
a  reassessed  tax  on  land  shall  be  a  lien  thereon  only  as  herein 
provided.  Approved  May  25,  1945. 


C7/c//;.334  An  Act  relative  to  the  contents  of  pay  rolls,  bills 

AND  ACCOUNTS  FOR  SALARY  OR  COMPENSATION  OF  PER- 
SONS IN  THE  SERVICE  OR  EMPLOYMENT  OF  THE  CITY  OF 
BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  two  of  chapter  two  hundred  and  ten  of  the  acts 
of  nineteen  hundred  and  eight,  as  most  recently  amended 
by  section  one  of  chapter  one  hundred  and  sixty-one  of  the 
acts  of  nineteen  hundred  and  forty-three,  is  hereby  further 
amended  by  striking  out,  in  the  ninth  line,  the  word  "full", 
—  so  as  to  read  as  follows :  —  Section  2.  Ever,y  such  pay 
roll,  bill  or  account,  before  the  certificate  of  the  civil  service 
commission  or  its  authorized  agent  is  affixed  thereto,  shall 
be  sworn  to  by  the  head  of  the  department,  or  by  the  per- 
son who  is  immediately  responsible  for  the  appointment,  em- 
ployment, promotion  or  transfer,  of  the  persons  named 
therein,  and  shall  contain,  in  addition  to  such  other  in- 
formation as  the  civil  service  commission  or  its  authorized 
agent  may  require,  the  following  information :  —  First,  name 
of  each  employee;  second,  title  of  office  or  position  in  which 
actually  employed;  third,  salary,  wages  or  other  compensa- 
tion;  fourth,  dates  of  employment. 

Approved  May  25,  19^5. 


Chap. ^35  An  Act  authorizing  the  attachment  to  certain  re- 
written POLICIES  OF  LIFE  OR  ENDOWMENT  INSURANCE 
OF  A  COPY  OF  THE  APPLICATION  THEREFOR  OR  OF  THE 
APPLICATION  FOR  THE  ORIGINAL  POLICY,  OR  BOTH,  AND 
AUTHORIZING  RETROACTIVE  EFFECTIVE  DATES  FOR  INCON- 
TESTABLE  PROVISIONS   IN   CERTAIN   OF   SUCH   POLICIES. 

He  it  enacted,  etc.,  as  follows: 

KdV'  175  "^^  Section  one  hundred  and  thirty-nine  of  chapter  one  hun- 

§  139,     '         dred  and  seventy-five  of  the  General  Laws,  as  appearing  in 

amended.  "^  >  f^-  t. 


Acts,  1945.  —  Chaps.  336,  337.  287 

tlic  'JVrcentenary  iMJition,  is  hereby  amended  bj-  inserting 
at  the  end  the  two  following  sentences: —  Nothing  in  sec-  Alteration, 
tion  one  hundred  and  thirty-one  or  section  one  hundred  fifepoiidc^.'''" 
and  thirty-two  shall  be  construed  to  pi-ohibit  making  the 
application  for  the?  oiiginal  policy  or  the  application  for  the 
policy  rewritten  undei-  authority  of  this  section,  or  both  such 
applications,  a  part  of  such  rewritten  policy,  by  endorsing 
thereon  or  attaching  thereto  a  copy  of  either  or  both  such 
applications.  Nothing  in  said  section  one  hundred  and  thirty- 
two  shall  be  construed  to  prohibit  the  incorporation,  by  a 
rider  or  endorsement,  or  otherwise,  in  a  pohcy  rewritten 
under  authority  of  this  section  and  bearing  a  then  current 
date,  of  a  stipulation  making  the  incontestable  provision 
lequired  by  said  section  one  hundred  and  thirty-two  opera- 
tive from  the  date  of  issue  of  the  original  pohcy. 

Approved  May  25,  1945. 


An  Act  relative  to  the  director  of  the  division  of  C//a».33G 

JUVENILE    TRAINING. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  eleven  of  chapter  eighteen  of  the  «  l.  (Ter. 
General  Laws,  as  appearing  in  the  Tercentenary  Edition,  is  repealed.  ^  ^'' 
hereby  repealed. 

Section  2.    Section  fifteen  of  said  chapter  eighteen,  as  so  g.  l.  (Ter. 
appearing,  is  hereby  amended  by  inserting  after  the  w-ord  .^mende^a.^  ^''' 
"the",  the  second  time  said  word  appears  in  the  first  line, 
the  words: — director  of  the  division  of  juvenile  training 
and  the,  —  so  as  to  read  as  follows:  —  Section  15.    The  sec-  Director  of 
retary  shall  be  the  director  of  the  division  of  juvenile  train-  juvenn"  "^ 
ing  and  the  executive  officer  of  the  trustees.     He  shall  be  ♦raining. 
paid  the  necessary  expenses  incurred  in  the  performance  of 
his  duties.  Approved  May  25,  19^5. 


An  Act  relating  to  the  operation  by  certain  minors,  C hap. SS7 
IN  connection  with  agriculture,  of  certain  vehicles 
and  machines. 

He  it  enacted,  etc.,  as  fulloivs: 

Section  sixty- two  of  chapter  one  hundred  and  forty-nine  (;  i-  (Ter. 
of  the  General  Laws,  as  amended  by  section  nineteen  of  §'o2,'ett^,' 
chapter   three   hundred   and    twenty-eight   of   the   acts   of  '""ended. 
nineteen  hundred  and  thirty-four,  is  herebj'^  further  amended 
by  adding  at  the  end  the  following :  —  ,  nor  shall  it  prevent 
the  employment  of  a  minor,  to  whom  has  been  issued  a 
license  to  operate  motor  vehicles,   in  the  operation  on  a 
farm,  or  on  a  way  for  a  distance  not  exceeding  one  mile 
therefrom,  of  any  motor  vehicle,  tractor  or  self-propelled  or 
agricultural  machine  of  any  description  used  for  agricultural 
or  farm  purposes,  —  so  as  to  read  ps  follows:  —  Section  62.  r'-mp^ioyment 
No  person  shall  employ  a  minor  under  eighteen  or  permit  under 


288  Acts,  1945. -- Chap.  338. 

him  to  work:  (1)  in  or  about  blast  furnaces;  (2)  in  the 
operation  or  management  of  hoisting  machines;  (3)  in  oiling 
or  cleaning  hazardous  machinery  in  motion;  (4)  in  the 
operation  or  use  of  any  polishing  or  buffing  wheel;  (5)  at 
switch  tending;  (6)  at  gate  tending;  (7)  at  track  repairing; 
(8)  as  a  brakeman,  fireman,  engineer,  motorman  or  con- 
ductor upon  a  railroad  or  railway;  (9)  as  a  fireman  or  engi- 
neer upon  any  boat  or  vessel;  (10)  in  operating  motor 
vehicles  of  any  description;  (11)  in  or  about  establishments 
wherein  gunpowder,  nitroglycerine,  dynamite  or  other  high 
or  dangerous  explosive  is  manufactured  or  compounded; 
(12)  in  the  manufacture  of  white  or  yellow  phosphorus  or 
phosphorus  matches;  (13)  in  any  distillery,  brewery,  or  any 
other  establishment  where  alcoholic  beverages,  as  defined 
in  section  one  of  chapter  one  hundred  and  thirty-eight,  are 
manufactured,  packed,  wrapped  or  bottled;  (14)  in  that 
part  of  any  hotel,  theatre,  concert  hall,  place  of  amusement 
or  other  establishment  where  intoxicating  liquors  are  sold. 
This  section  shall  not  prohibit  the  employment  of  minors 
in  drug  stores,  nor  shall  it  prevent  the  employment  of  a 
minor,  to  whom  has  been  issued  a  license  to  operate  motor 
vehicles,  in  the  operation  on  a  farm,  or  on  a  way  for  a  dis- 
tance not  exceeding  one  mile  therefrom,  of  any  motor  vehicle, 
tractor  or  self-propelled  or  agricultural  machine  of  any 
description  used  for  agricultural  or  farm  purposes. 

Approved  May  25,  1945. 


Chap.SSS  An  Act  relative  to  the  waiver  of  a  will  when  the 

SURVIVING  SPOUSE  OF  THE  DECEASED  IS  UNDER  DISABILITY. 

Be  it  enacted,  etc.,  as  folloivs: 

EdV  19'^'^'^  Section  1.     Chapter  one  hundred  and  ninety-two  of  the 

new'§nT,         General  Laws  is  hereby  amended  by  inserting  after  section 
addefi.  ^^^  ^^  inserted  by  chapter  one  hundred  and  thirteen  of  the 

acts   of   nineteen   hundred   and   thirty-four,    the   following 
Guardian  sectioHi  —  SectioTi  IB.     If  it  appears  in  the  petition  for  the 

fn  Certain  probate  of  a  will  that  the  surviving  husband  or  widow  of 

probate  oases,  ^^g  dcccased  person  is  incompetent  by  reason  of  insanity  or 
minority,  or  such  husband  or  widow  is  under  conservator- 
ship, a  guardian  ad  litem  shall  be  appointed  and  made  a 
party  to  the  petition  and  shall  be  given  notice  of  all  pro- 
ceedings relative  to  the  probate  of  the  will  or  granting  of 
letters  testamentary. 
G.L.  (Ter  Section  2.     Section  forty-five  of  chapter  two  hundred 

amended."     ''   and  onc  of  the  General  Laws,  as  appearing  in  the  Tercen- 


tenary Edition,  is  hereby  amended  by  adding  at  the  end  the 

Waiving  of        following  Sentence :  —  If,  in  any  case  where  the  guardian  of 

guardfan  a  Ward  incompetcnt  by  reason  of  insanity  or  minority  has 

ad  litetii.  jjQ^  waived  the  provisions  of  the  will  of  the  ward's  spouse  or 

brought  a  petition  under  this  section  for  approval  of   a 

waiver  of  the  provisions  thereof  and  a  guardian  ad  litem 

has  been  appointed  under  section  one  B  of  chapter  one 


Acts,  1945.  —  Chaps.  339,  340.  289 

hundred  and  ninety-two,  such  guardian  ad  litem  is  of  opin- 
ion that  a  waiver  of  the  provisions  thereof  is  for  the  benefit 
and  for  the  best  interests  of  the  ward,  and  the  guardian  fails 
to  take  such  action  after  written  demand  made  upon  him, 
such  guardian  ad  litem  as  next  friend  may  waive  the  pro- 
visions thereof,  subject  to  the  approval  of  the  probate  court 
as  hereinbefore  provided. 

Section  3.     The  provisions  of  law  relative  to  guardians  Application 
which  are  added  to  section  forty-five  of  chapter  two  hundred  °onsMvators. 
and  one  of  the  General  Laws  by  section  two  of  this  act  shall 
be  applicable  to  conservators  as  provided  by  section  twenty 
of  said  chapter  two  hundred  and  one. 

Approved  May  25,  19^5. 


An  Act  relative  to  the  dissolution  of  certain  real  Chav.Z"^^ 

ESTATE   attachments    BY    OPERATION    OF   LAW. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  two  hundred  and  twenty-three  of  ^-^^-^Js^- 
the  General  Laws  is  hereby  amended  by  inserting  before  new '§  i ha, 
section  one  hundred  and  fifteen  the  following  section :  —  added. 
Section  II4A.     An  attachment  of  land,   or  of  a  right  or  Dissolution 
interest  therein,  shall,  unless  otherwise  dissolved,  expire  by  rLflstate 
operation  of  law  at  the  end  of  six  years  from  the  date  of  attachments. 
filing  the  same  in  the  office  of  the  register  of  deeds  in  the 
county  or  district  where  said  land  or  some  part  of  it  is 
situated,  unless  said  register  shall,  within  said  period,  at 
the  written  request  of  the  plaintiff  or  his  attorney  bring 
forward  the  same  upon  the  books  of  attachments.     At  the 
expiration  of  six  years  from  the  time  of  any  such  first  or 
subsequent  bringing  forward,  such  attachment  shall  expire 
as  aforesaid  unless  within  such  period  it  is  again  brought 
forward  in  like  manner.     The  register  shall  file  every  such 
written  request  in  his  office  and  shall  be  entitled  to  the  same 
fee  for  bringing  forward  each  such  attachment  upon  said 
books  of  attachments  as  for  the  original  entry  thereof. 

Section  2,  Attachments  of  land,  or  of  a  right  or  interest 
therein,  made  prior  to  the  effective  date  of  this  act  shall 
become  subject  to  section  one  hundred  and  fourteen  A  of 
chapter  two  hundred  and  twenty-three  of  the  General  Laws, 
inserted  by  section  one  of  this  act,  at  the  end  of  six  years 
from  said  effective  date.  Approved  May  26,  194-5. 

An  Act  prohibiting  and  penalizing  the  disclosure  by  Chap.3^0 

CERTAIN  CITY  AND  TOWN  DEPARTMENTS,  BOARDS  AND 
COMMISSIONS  OF  RECORDS  OR  INFORMATION  CONCERNING 
PERSONS  NOW  OR  FORMERLY  IN  THE  MILITARY  OR  NAVAL 
SERVICE,  OR  THEIR  DEPENDENTS,  WHO  APPLY  FOR  FINAN- 
CIAL  AID,   GUIDANCE    OR   ADVICE. 

Be  it  enacted,  etc.,  as  follows: 

Section  fifty-one  of  chapter  forty  of  the  General  Laws,  g.  l.  (Ter. 
as  amended  by  chapter  one  hundred  and  ninety-six  of  the  fsi.'^c'., 

amended. 


290  Acts,  1945.  —  Chaps.  341,  342. 

acts  of  nineteen  hundred  and  thirty-seven,  is  hereby  further 
Fornishint;  amended  by  adding  at  the  end  the  following:  —  No  depart- 
formation'  mcnt,  board  or  commission,  or  agent  thereof,  of  a  town 
i-ortaininK  providing  aid,  guidance  or  advice  solely  to  persons  who  are 
ptc.pro-  m  active  military  or  naval  service  during  the  time  ot  war, 

hibitoii.  ^j,  ^^j^^  were  formerly  in  such  service,  or  to  the  dependents 

Penalty.  ^f  g^uy  g^gj^  persons,  shall  furnish  any  records  or  information 

to  any  social  service  index,  so  called,  or  exchange  informa- 
tion with  any  other  agency,  except  as  hereinbefore  pro- 
vided. Whoever  violates  any  provision  of  this  section  shall 
be  punished  by  a  fine  of  not  less  than  twenty-five  nor  more 
than  five  hundred  dollars.  Approved  May  25,  1945. 


Chap. 34:1  An  Act  relative  to  the  form,  contents  and  approval 

OF   POLICIES    OF   accident   AND    HEALTH    INSURANCE. 

Be  it  enacted,  etc.,  as  follows: 

a.  L.  (Ter.  Scction  one  hundred  and  eight  of  chapter  one  hundred 

l^'jos/^^'         and  seventy-five  of  the  General  Laws,  as  appearing  in  the 
anipiKiod.  Tercentenary  Edition,  is  hereby  amended  by  adding  at  the 

end  the  following  paragraph :  — 

Foriu,  etc.,  of         Nothing  herein  shall  be  construed  to  prevent  the  approval 

.MoVidont°and      and  usc  of  a  policy  containing  multiple  optional  benefits  and 

insurance.         the    provisions    applicable    thereto;     provided,    that    such 

polic}^  otherwise  complies  with  the  provisions  of  this  section ; 

and  provided,  further,  that  the  schedule  of  benefits  be  set 

forth  on  the  first  page  of  the  policy;   and  provided,  further, 

that  there  shall  appear  on  the  filing  back  of  the  policy  and 

also  on  the  first  page  thereof  in  type  not  smaller  than  eighteen 

point  or  great-primer,  a  reference  to  such  schedule  of  benefits. 

Approved  May  25,  19^5. 


Chap.S42  An   Act   making   certain   corrective   changes   in   the 

LAW    relating    to    THE    TAXATION    OF    INSURANCE    COM- 
PANIES. 

Be  it  enacted,  etc.,  as  follows: 

KtiV'e-f*"^'  Section  twenty-eight  of  chapter  sixty-three  of  the  Gen- 

§'28.' etc'.,         eral   Laws,   as  most   recently   amended   by  section  six  of 
amended.  chapter  five  hundred  and  thirty-one  of  the  acts  of  nineteen 

hundred   and   forty-three,   is   hereby   further   amended   by 
inserting  after  the  word  "first",  in  the  seventeenth  line,  the 
following  paragraph :  —  Liability  for  the  taxes  imposed  by 
said  sections  twenty  to  twenty-three,  inclusive,  or  by  sec- 
tions two  and  three  of  chapter  five  hundred  and  thirty-one 
of  the  acts  of  nineteen  hundred  and  forty-three  shall  be 
incurred  by  reason  of  the  transaction  of  business  during  the 
calendar  year  preceding  that  in  which  assessment  provided 
for  in  this  section  is  made,  —  so  as  to  read  as  follows:  — 
Assessnunt       Secfiou  28.     Evcry  life  insurance  company  liable  to  taxa- 
fn8ur"ncr  °     tion  Under  section  twenty  shall  pay  to  the  commissioner  at 
taXbiilty"^     the  time  fixed  for  filing  its  return  by  said  section  the  amount 


Acts,  1945.  —  Chap.  343.  291 

of  the  excise  thereby  imposed  and  the  amount  of  the  re- 
taliatory tax  imposed  by  section  twent3'-one  if  such  corn- 
pan}'  is  also  hable  to  taxation  thereunder.  As  soon  as  may 
be,  the  commissioner  from  the  return  required  by  section 
twenty  and  from  such  other  evidence  as  he  may  obtain 
shall  make  assessment  of  such  excise,  giving  to  each  such 
company  notice  of  the  correct  amount  thereof. 

The  commissioner  shall  assess  upon  all  insurance  com- 
panies liable  to  taxation  under  sections  twenty-two  and 
twenty-three  the  excise  thereby  imposed,  and  shall  forth- 
with upon  making  such  assessment  give  to  every  such  com- 
pany notice  of  the  amount  thereof.  Such  excise  shall  be- 
come due  and  payable  to  the  commissioner  thirty  days  after 
the  date  of  such  notice  but  not  later  than  June  first. 

Liability'  for  the  taxes  imposed  by  said  sections  twent}' 
to  twenty-three,  inclusive,  or  by  sections  two  and  three  of 
chapter  five  hundred  and  thirtj^-one  of  the  acts  of  nineteen 
hundred  and  forty-three  shall  be  incurred  by  reason  of  the 
transaction  of  business  during  the  calendar  year  preceding 
that  in  which  assessment  provided  for  in  this  section  is 
made. 

All  taxes  or  any  portion  thereof  not  paid  when  due  shall 
bear  interest  at  the  rate  of  six  per  cent  per  annum  from  the 
date  payable  until  June  first  and,  whether  assessed  before 
or  after  June  first,  shall  bear  interest  at  the  rate  of  twelve 
per  cent  per  annum  from  June  first  until  they  are  paid. 

Within  sixty  days  after  date  of  notice  of  assessment,  any 
insurance  company  may  apply  to  the  commissioner  for  a 
correction  of  its  excise,  and  in  default  of  settlement  may, 
upon  appHcation  within  thirty  daj^s  of  the  date  of  notifica- 
tion of  the  commissioner's  decision,  be  heard  thereon  by 
the  appellate  tax  board.  If  abatement  of  an  excise  paid  is 
granted,  the  overpayment  with  interest  thereon  at  the  rate 
of  six  per  cent  per  annum  from  the  date  of  payment  sliall  be 
refunded  to  the  company  by  the  state  treasurer  without 
any  appropriation  therefor  by  the  general  court. 

Approved  May  25,  1945. 


An  Act  relative  to  the  charces  of  contract  carriers  Chap.'^A^ 

OF    PROPERTY    BY    MOTOR    VEHICLE. 

Be  it  enacted,  etc.,  as  follows: 

Paragraph  {b)  of  section  seven  of  chapter  one  hundred  pjl'i^qf} 
and  fifty-nine  B  of  the  General  Laws,  as  appearing  in  section  §V.  kc.,'   '  , 
one  of  chapter  four  hundred  and  eighty-three  of  the  acts  of  =""'^"'^*^''' 
nineteen  hundred  and  thirty-eight,  is  hereby  amended  by 
striking  out,  in  the  second  and  third  lines,  the  words  "less 
than  that  provided  for  in  his  written  contract  and",  and 
inserting  in  place  thereof  the  words :  —  different  from  that 
provided  for  in  his  written  contract,  or  less  than  that  con- 
tained in,  —  so  as  to  read  as  follows :  — 

(6)  No  such  carrier  shall  demand,  chaige  or  collect  com-  charges  of 
pensation  for  such  transportation  different  from  that  pro-  c^grfof 


292  Acts,  1945.  —  Chaps.  344,  345. 

property  by  vided  for  in  his  written  contract,  or  less  than  that  contained 
in  the  minimum  schedule  of  charges,  if  any,  filed  therewith, 
or  prescribed  by  the  department  from  time  to  time,  and  no 
such  carrier,  by  the  furnishing  of  any  special  service,  facilitj' 
or  privilege,  or  by  any  other  device  whatsoever,  shall  in 
effect  charge,  accept  or  receive  for  any  transportation  or 
service  less  than  the  minimum  charge,  if  any,  established 
therefor  under  this  section.  Approved  May  25,  19 45. 


(yhap.34i4:  An  Act  relative  to  certain  policies  of  reinsurance 

UNDER   THE    WORKMEN'S    COMPENSATION    ACT. 

Be  it  enacted,  etc.,  as  follows: 

v'd)  im"^  Section  twenty-five  A  of  chapter  one  hundred  and  fifty- 

§'25A,  eto.,       two  of  the  General  Laws,  inserted  by  section  seven  of  chapter 
amended.  g^g  liundrcd  and  twenty-nine  of  the  acts  of  nineteen  hun- 

dred and  forty-three,  is  hereby  amended  by  striking  out 
paragraph  (2)  (c)  and  inserting  in  place  thereof  the  follow- 
ing:— 
Insurer  re-  (c)  As  a  furthcr  guarantee  of  a  self-insurer's  ability  to 

reinsure  "in  pay  the  bcncfits  provldcd  for  by  this  chapter  to  injured 
certain  cases,  employees,  the  department  may  require  that  a  self-insurer 
reinsure  his  compensation  risk  against  catastrophe,  and 
such  reinsurance,  when  required,  shall  be  placed  only  with 
an  insurance  company  authorized  to  transact  the  business 
of  workmen's  compensation  insurance  in  this  common- 
wealth. Approved  May  25,  l9/f5. 


Ckap.S4:5  An  Act  establishing  in  the  tow^n  of  brookline  a  health 

DEPARTxMENT   UNDER    A    DIRECTOR    OF    PUBLIC   HEALTH. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  There  shall  be  in  the  town  of  Brookline  a 
health  department  under  a  director  of  public  health  who 
shall  be  appointed  by  the  selectmen  and  who  shall  have  the 
powers,  perform  the  duties  and  be  subject  to  the  obligations 
of  boards  of  health  in  towns.  The  person  so  appointed  shall 
be  a  citizen  of  the  United  States  who  has  received  the  de- 
gree of  doctor  of  medicine  from  a  medical  school  classified 
by  the  American  Medical  Association  as  a  grade  A  school, 
shall  be  qualified  to  practice  medicine  under  the  laws  of 
the  commonwealth,  and  shall  have  had  not  less  than  three 
years'  full  time  experience  in  public  health  administration, 
or  not  less  than  one  year's  full  time  e.xperience  in  public 
health  administration  and  a  graduate  degree  in  public 
health  from  a  recognized  school  of  public  health.  Said 
director  shall  devote  his  entire  time  to  the  performance  of 
his  duties  and  the  supervision  of  the  employees  of  the  de- 
partment. He  shall  be  appointed  in  April  for  the  term  of 
three  years  from  the  first  day  of  May  following  and  until 
the  quahfication  of  his  successor.  He  may  be  removed  b}- 
the  selectmen  for  cause  and  the  vacancy  filled  by  appoint- 


Acts,  1945.  —  Chap.  346.  293 

ment  for  the  remainder  of  the  unexpired  term  in  the  same 
manner  as  in  the  case  of  an  original  appointment.  His 
salary  or  compensation  shall  be  such  as  the  selectmen  may 
from  time  to  time  vote.  The  director,  subject  to  the  ap- 
proval of  the  selectmen,  may  make  rules  and  regulations 
for  the  government  of  the  health  department  and  of  its 
officers,  agents  and  employees.  Subject  to  appropriation, 
he  maj^  also  appoint  and  employ  such  officers,  agents, 
assistants  and  employees  as  may  be  necessary  to  execute 
the  health  laws  and  the  rules  and  regulations  of  the  health 
department.  The  position  or  office  of  director  of  pubUc 
health  shall  not  be  subject  to  the  laws,  rules  and  regulations 
pertaining  to  civil  service. 

Section  2.  Upon  the  qualification  of  the  director  of 
public  health  first  appointed  hereunder  the  selectmen  shall 
cease  to  serve  as  the  board  of  health  and  their  offices  as 
members  of  the  board  of  health  shall  thereupon  terminate. 

Section  3.  The  selectmen  shall  appoint  an  advisory 
council  of  public  health  whose  duties  shall  be  to  act  in  an 
advisory  capacity  to  the  director  of  public  health.  Said 
council  shall  consist  of  six  members.  The  members  of  said 
council  first  appointed  hereunder  shall  be  appointed  as  fol- 
lows:-—  two  members  to  serve  for  terms  of  one  year  each, 
two  members  to  serve  for  terms  of  two  years  each,  and  two 
members  to  serve  for  terms  of  three  years  each,  respectively, 
from  the  first  day  of  May  next  following  their  appointment 
and  until  the  qualification  of  their  respective  successors, 
and  thereafter  the  selectmen  shall  annually  before  the  first 
day  of  May  appoint  two  members  of  such  advisory  council 
to  serve  for  terms  of  three  years  each  from  said  first  day  of 
May.  Vacancies  in  such  council  shall  be  filled  in  like  man- 
ner for  the  remainder  of  the  unexpired  term.  The  members 
of  such  council  shall  elect  annually  in  ]\Iay  a  chairman  from 
their  own  number.  They  shall  serve  without  compensation 
and  may  be  removed  b}'^  the  selectmen  for  cause.  They 
shall  meet  quarterlj^,  and  additional  meetings  may  be  held 
at  any  time  at  the  call  of  the  chairman  or  of  the  director,  who 
shall  be  secretary  of  the  advisor}^  council. 

Section  4.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  the  town  of  Brookline  by  a  majority  vote  of  the 
town  meeting  members  present  and  voting  thereon  at  a 
limited  town  meeting  called  for  the  purpose  within  two 
years  of  the  passage  of  this  act,  but  not  otherwise. 

Approved  May  25,  1945. 

An  Act  authorizing  certain  fraternal  benefit  socie-  (7/iar).346 
ties    to    provide    for    hospitalization    and    medical 
service  insurance. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  one  hundred  and  seventy-six  of  the  o  l.  (Ter. 
General  Laws  is  hereby  amended  by  inserting  after  section  new  §  i3a, 
thirteen,  as  appearing  in  the  Tercentenary  Edition,  the  fol-  "^dded. 


294 


Acts,  1945.  —  C^hap.  346. 


Hospitalization 
and  me<li<yd 
Her  vice 
insurance. 


G.  L.  (Ter. 
Ed.),  17ti,  §  1, 
;iniondpd. 


"  Fraternal 
benefit 
society" 
defined. 


G.  L.  (Ter. 
Ed.),  176,  §  S, 
amended. 


Preliminary 
license,  etc., 
for  society  on 
lodge  plan. 


lowing  section:  —  Section  ISA.  Any  society,  except  one  or- 
ganized under  s(>f'tion  forty-.six,  whose  rates  and  benefits  are 
approved  h>'  tlie  commissioner,  may  set  up  and  provide  un- 
der its  by-laws  a  plan  for  the  paj^ment  of  hospital  and  medi- 
cal expenses  and  for  the  services  of  surgeons,  physicians  and 
nurses,  or  for  any  one  of  these  services  or  expenses,  in  con- 
nection with  sickness,  disease  or  accidents,  or  the  results 
therefrom.  The  by-laws  shall  also  provide  that  an  inde- 
pendent hospitalization  and  medical  service  fund  be  created 
and  maintained,  with  the  accretions  thereto,  separate  and 
apart  from  other  funds  of  the  society ;  that  no  benefits  of  any 
kind  shall  be  paid  until  there  is  accumulated  in  said  fund 
an  amount  not  less  than  that  received  from  three  monthly 
contributions  or  one  quarterly  contribution,  and  that  this 
amount  shall  be  the  minimum  of  surplus  below  which  addi- 
tional contributions  from  members  shall  be  required;  that 
there  shall  be  included  in  the  habilities  of  said  fund  reserves 
for  unearned  assessments  and  unpaid  claims;  and,  that  no 
benefits  shall  be  paid  on  any  claim  for  a  period  exceeding 
one  year. 

Section  2.  The  definition  of  "Fraternal  benefit  society" 
or  "society"  contained  in  section  one  of  said  chapter  one 
hundred  and  seventy-six,  as  so  appearing,  is  herebj''  amended 
by  adding  at  the  end  the  words :  —  ,  and  with  or  without 
provision  for  hospitalization  and  medical  service  benefits,  — 
so  as  to  read  as  follows: —  "Fraternal  benefit  society"  or 
"society",  any  corporation,  association,  society,  order,  fra- 
ternity or  other  organization  without  capital  stock,  organ- 
ized and  carried  on  solely  for  the  mutual  benefit  of  its  mem- 
bers or  their  beneficiaries,  and  not  for  profit,  and  either  with 
a  lodge  system,  with  ritualistic  form  of  work  and  representa- 
tive form  of  government,  or  without  a  lodge  system,  under 
the  direct  control  of  its  members,  which  makes  provision 
for  the  payment  of  death  or  disability  benefits  or  both,  and 
with  or  without  provision  for  hospitalization  and  medical 
service  benefits. 

Section  3.  Section  eight  of  said  chapter  one  hundred 
and  seventy-six,  as  so  appearing,  is  hereby  amended  by  in- 
serting after  the  word  "disability"  in  line  thirty-five  thereof 
the  words:  —  or  hospitalization  and  medical  service,  —  so  as 
to  read  as  follows:  —  Section  S.  The  commissioner  shall  then 
furnish  the  incorporators  of  any  such  society,  if  on  the  lodge 
plan,  with  a  preliminary  license,  authorizing  it  to  solicit  mem- 
bers for  the  purpose  of  completing  its  organization.  It  shall 
collect  from  each  applicant  the  amount  of  not  more  than  one 
periodical  benefit  assessment  or  payment,  in  accordance  with 
its  tables  of  rates  as  provided  by  its  constitution  and  by- 
laws, and  shall  issue  to  every  such  applicant  a  receipt  for 
the  amount  so  collected.  But  no  such  society  shall  incur 
any  liability  other  than  for  such  advance  payments,  nor 
issue  any  benefit  certificate,  nor  pay  or  allow,  or  offer  or 
promise  to  pay  or  allow,  to  any  person  any  death  or  dis- 
ability benefit  until  actual  bona  fide  apphcations  for  death 


Acts,  1945.  —  Chap.  346.  295 

or  disability  benefit  certificates,  as  the  case  may  Im;,  have 
been  secured  from  at  least  five  hundred  persons,  and  all  such 
applicants  for  death  benefits  shall  have  been  regularly  exam- 
ined by  legally  qualified  practicing  physicians,  and  certifi- 
cates of  such  examinations  have  been  duly  filed  and  approved 
by  the  chief  medical  examiner  of  the  societj^;  nor  until  there 
shall  be  estabhshed  ten  subordinate  lodges  or  branches,  in 
which  said  five  liundred  applicants  have  been  initiated;  nor 
until  there  has  been  submitted  to  the  commissioner,  on  oath 
of  the  president  and  secretary  or  corresponding  officers  of 
such  society,  a  list  of  the  said  applicants,  giving  their  names, 
addresses,  date  of  examination,  date  of  approval,  date  of 
initiation,  name  and  number  of  the  subordinate  branch  of 
which  each  applicant  is  a  member,  amount  of  benefits  to  be 
granted,  and  rate  of  regular  payments  or  assessments,  whicli 
for  societies  offering  death  benefits  shall  not  be  lower  for 
death  benefits  than  those  required  by  the  National  P'raternal 
(Jongress  Table  of  MortaUty  as  adopted  by  the  National 
Fraternal  Congress  August  twenty-third,  eighteen  hundred 
and  ninety-nine,  or  any  higher  standard  at  the  option  of  the 
society,  with  an  interest  assumption  not  higher  than  four 
per  cent  per  annum;  nor  until  it  shall  be  shown  to  the  com- 
missioner, by  the  sworn  statement  of  the  treasurer  or  cor- 
responding officer  of  such  society,  that  at  least  five  hundred 
applicants  for  death  benefits  have  each  paid  in  cash  one  regu- 
lar payment  or  assessment  as  herein  provided,  and  th(;  pay- 
ments in  the  aggregate  shall  amount  to  at  least  twenty-five 
hundred  dollars,  all  of  which  shall  be  credited  to  the  mortu- 
ary or  disability  or  hospitalization  and  medical  service  fund 
on  account  of  the  applicants,  and  no  part  of  which  may  be 
used  for  expenses.  Such  advance  payments  shall,  during  the 
period  of  organization,  be  held  in  trust  for  the  applicants, 
and,  if  the  organization  is  not  completed  within  one  year 
as  hereinafter  provided,  shall  be  returned  to  them.  The 
commissioner  may  make  such  examination  and  require  such 
further  information  as  he  deems  advisable ;  and  upon  presen- 
tation of  satisfactory  evidence  that  the  society  has  complied 
with  all  the  provisions  of  this  chapter,  he  shall  issue  to  the 
society  a  certificate  to  that  effect. 

Section  4.    Section  thirteen  of  said  chapter  one  hundred  EJ^'iTe'^iis 
and  seventy-six,  as  so  appearing,  is  hereby  amended  bj^  add-  amended.' 
ing  at  the  end  of  the  first  sentence  the  words :  —  and  a  hos- 
pitalization and  medical  service  fund,  —  so  that  said  first 
sentence  will  read  as  follows: — Any  society  may  create,  creation  of 
maintain,  invest,  disburse  and  apph'  a  death  fund,  any  part  tioTetc'junds 
of  which  may  in  accordance  with  the  by-laws  of  the  society 
be  designated  and  set  apart  as  an  emergency,  a  surplus  or 
other  similar  fund,  and  a  disability  fund  and  a  hospitaliza- 
tion and  medical  service  fund. 

Section  5.    Section  fourteen  of  said  chapter  one  hundred  ^ j^  ^J^''^  j^ 
Mnd  seventy-six,  as  so  appearing,  is  hereby  amended  by  strik-  amendea." 
ing  out,  in  the  fourth  and  fifth  lines,  the  words  "mortuary 
or  disabiUty"  and  inserting  in  place  thereof  the  words:  — 


296 


Acts,  1945.  —  Chap.  346. 


froportioii 
of  paymenle 
which  may 
be  used  for 
expenses. 


G.  L.  (Ter. 
Ed.),  176,  §  19, 
amended. 


Payments  of 
hospitaliza- 
tion, ete., 
expenses. 


O.  L.  (Ter. 
Ed.).176,  §:n, 
amended. 


Henefieial 
members. 


G.  L.  (Ter. 
Ed.),  176, 
§  40.  etc., 
amended. 


Extra  rates 
in  case  of 
deficienc.v, 
etc. 


mortuary,  disability,  hospitalization  or  medical  service,  ~ 
so  as  to  read  as  follows:  -  Section  J 4-  Every  provision  of 
the  by-laws  of  the  society  for  payment  by  members  of  such 
society,  in  whatever  form  made,  shall  distinctly  state  the 
purposes  of  the  same  and  the  proportion  thereof  which  may 
be  used  for  expenses,  and  no  part  of  the  money  collected  for 
mortuary,  disability,  hospitalization  or  medical  service  pur- 
poses or  the  net  accretions  of  either  or  any  of  said  funds 
shall  be  used  for  expenses. 

Section  0.  Section  nineteen  of  said  chapter  one  hundred 
and  seventy-six,  as  so  appearing,  is  hereby  amended  by  in- 
serting after  the  word  "age"  in  the  fourth  Une  thereof  the 
words :  —  ,  and  provide  further  for  hospitalization  and  medi- 
cal service,  —  so  that  the  first  sentence  will  read  as  follows : 
—  Every  society  may  provide  for  the  payment  of  death  bene- 
fits, and  may  provide  for  the  payment  of  benefits  in  case  of 
temporary  or  permanent  physical  disability,  either  as  the 
result  of  disease,  accident  or  old  age,  and  provide  further  for 
hospitalization  and  medical  service;  provided,  that  the  period 
of  life  at  which  the  payment  of  benefits  for  disability  on  ac- 
count of  old  age  shall  commence  shall  not  be  under  seventy 
years. 

Section  7.  Section  thirty-one  of  said  chapter  one  hun- 
dred and  seventy-six,  as  so  appearing,  is  hereby  amended  by 
inserting  after  the  word  "injury"  in  the  eighth  fine  thereof 
the  following: — ,  hospitahzation,  medical  service, —  and 
by  striking  out  the  comma  before  the  word  "or",  the  second 
time  such  word  appears  in  said  line,  —  so  as  to  read  as  fol- 
lows :  —  Section  31 .  Except  as  provided  in  sections  twenty- 
three  to  twenty-eight,  inclusive,  any.  society  may  admit  to 
beneficial  membership  any  person,  not  less  than  sixteen 
and  not  more  than  sixty  years  of  age,  who  has  been  exam- 
ined by  a  legally  qualified  phj^sician  if  the  examination  has 
been  supervised  and  approved  in  accordance  with  the  by- 
laws of  the  society;  provided,  that  any  member  of  such 
society  who  shall  apply  for  a  certificate  providing  for  bene- 
fits on  account  of  disability  from  sickness  or  injury,  hos- 
pitalization, medical  service  or  death  by  accident  only,  need 
not  be  required  to  pass  a  medical  examination  therefor. 
This  section  shall  not  prevent  such  societj^  from  accepting 
general  or  social  members. 

Section  8.  Section  forty  of  said  chapter  one  hundred 
and  seventy-six,  as  amended  by  section  thirty-six  of  chapter 
one  hundred  and  eighty  of  the  acts  of  nineteen  hundred  and 
thirty-two,  is  hereby  further  amended  by  striking  out  the 
words  "death  and  disabihty"  in  the  fourth  line  and  insert- 
ing in  place  thereof  the  words:  —  death,  disability,  hospital- 
ization and  medical  service,  —  so  that  the  first  paragraph 
will  read  as  follows :  • —  If  the  stated  periodical  contributions 
of  the  members  of  any  society  subject  to  section  thirty-nine 
are  insufficient  to  pay  all  reported  death,  disability,  hos- 
pitalization and  medical  service  claims  in  full,  and  to  pro- 
vide for  the  creation  and  maintenance  of  the  funds  required 


Acts,  1945.  —  Chap.  346.  297 

by  its  by-laws  or  by  this  chapter,  additional  contributions 
or  additional,  increased  or  extra  rates  of  contribution  shall 
be  collected  from  its  members  to  meet  the  deficiency,  and 
the  by-laws  of  the  society  shall  so  provide;  and  such  by- 
laws may  provide  that  upon  the  written  apphcation  or  con- 
sent of  the  member  his  certificate  may  be  charged  with  its 
proportion  of  any  deficiency  disclosed  by  valuation,  with 
interest  not  exceeding  five  per  cent  per  annum. 

Section  9.  Section  forty-one  of  said  chapter  one  hun-  g.  l.  (icr. 
dred  and  seventy-six,  as  amended  by  chapter  one  hundred  f  41,' e/cf ,' 
and  sixty-eight  of- the  acts  of  nineteen  hundred  and  thirty-  amended. 
nine,  is  hereby  amended  by  inserting  after  the  word  "sick- 
ness" in  the  twenty-fourth  line  the  words: — or  hospitali- 
zation or  medical  services,  —  and  by  inserting  after  the  word 
"disability"  in  the  thirty-first  line  the  words:  —  ,  hospitaU- 
zation  and  medical  service,  —  so  as  to  read  as  follows :  • — 
Section  4i-  No  foreign  society  shall  transact  anj'  business  Foreign 
in  the  commonwealth  without  a  license  from  the  commis-  ^"•"*'*^"''*- 
sioner.  Every  such  society  applying  for  such  a  license  shall 
file  with  the  commissioner  a  duly  certified  copy  of  its  charter 
or  articles  of  association;  a  copy  of  its  constitution  and  by- 
laws, certified  by  its  secretary  or  corresponding  officer;  a 
power  of  attorney  to  the  commissioner,  as  provided  in  the 
following  section;  a  statement  of  its  business,  on  oath  of  its 
president  and  secretary,  or  corresponding  officers,  in  the 
form  required  by  the  commissioner,  duly  verified  by  an  ex- 
amination made  by  the  supervising  insurance  official  of  its 
home  state  or  other  state  satisfactory  to  the  commissioner; 
a  copy  of  its  certificate  of  membership;  a  certificate  from 
the  proper  official  of  its  home  state,  territory,  district  or 
country  that  the  society  is  legally  organized;  and  the  so- 
ciety shall  show  that  the  benefits  are  provided  for  by  periodi- 
cal or  other  payments  by  persons  holding  similar  contracts, 
and  that  its  assets  are  invested  in  accordance  with  the  laws 
of  the  state  or  country  where  it  is  organized,  and  that  it  has 
the  qualifications  required  of  domestic  societies  on  the  lodge 
system  incorporated  under  this  chapter;  provided,  that  a 
society  which  grants  benefits  for  disabilit.y  arising  from  acci- 
dental injury  or  from  sickness  or  hospitalization  or  medical 
services  shall  be  required  to  show  that  it  has  accumulated 
funds,  usable  only  for  the  payment  of  such  benefits  and  in 
excess  of  accrued  claims  for  such  benefits,  not  less  in  amount 
than  three  monthly  contributions  or  one  quarterly  contribu- 
tion from  members  entitled  to  such  benefits,  and  shall  be 
required,  as  a  condition  for  the  maintenance  of  its  authority 
to  do  business  in  this  commonwealth,  to  maintain  at  all  times 
after  admission,  as  regards  disability,  hospitalization  and 
medical  service  benefits,  funds  in  amount  as  above  set  forth ; 
and  shall  furnish  the  commissioner  such  other  information 
as  he  may  deem  necessary  for  the  proper  exhibit  of  its  busi- 
ness and  plan  of  working.  Upon  compliance  with  these  re- 
quirements, such  foreign  society  shall  be  entitled  to  a  license 
to  transact  business  in  the  commonwealth  until  July  first 


298 


Acts,  1945.  —  Chaps.  347,  348. 


following,  and  such  license  shall,  upon  compliance  with  this 
chaptei',  be  renewed  annually,  but  in  all  cases  to  terminate 
on  July  first  iollowing;  except  that  it  shall  continue  in  full 
force  and  effect  until  the  new  license  is  issued,  or  is  refused 
after  notice  and  hearing.  For  every  such  license  or  nmewal 
the  societ}^  shall  pay  to  the  commissioner  twenty  dollars. 

Approved  May  25,  194-5. 


G.  L.  (Ter 
Ed.),  152, 
amended. 


§6, 


Chap.S47  An  Act  relative  to  changes  in  average  weekly  wages 
IN  compensation  agreements  under  the  workmen's 
compensation  law. 

Be  it  enacted,  etc.,  as  follows: 

Section  six  of  chapter  one  hundred  and  fifty-two  of  the 
General  Laws,  as  appearing  in  the  Tercentenary  Edition,  is 
hereby  amended  by  inserting  after  the  word  "eleven"  in  the 
fourth  line  the  words:  —  ;  provided,  that  as  to  the  average 
weekly  wages  therein  contained,  the  department  or  a  mem- 
ber thereof  may,  on  petition  by  the  employee,  insurer  or 
insured,  change  such  average  weekly  wages  if  the  facts 
found  so  warrant,  —  so  as  to  read  as  follows:  —  Section  6. 
If  the  insurer  and  the  injured  employee  reach  an  agreement 
in  regard  to  compensation,  a  memorandum  thereof  shall  be 
filed  with  the  department,  and,  if  approved  by  it,  the  memo- 
randum shall  for  all  purposes  be  enforceable  under  section 
eleven;  provided,  that  as  to  the  average  weekh^  wages 
therein  contained,  the  department  or  a  member  thereof  may, 
on  petition  by  the  employee,  insurer  or  insured,  change 
such  average  weekly  wages  if  the  facts  found  so  warrant. 
Such  agreements  shall  be  approved  by  said  department  only 
when  the  terms  conform  to  this  chapter. 

Approved  May  25,  1945. 


Agreeiiiciit 
for  com- 
pensation. 


C7?ap.348  An  Act  authorizing  the  attendance  at  funerals  or 
memorial  services  of  war  veterans  bv  certain 
municipal  employees  without  loss  of  pay. 

F^e  it  enacted,  etc.,  as  follows: 

Chapter  forty-one  of  the  General  Laws  is  hereby  amended 
by  inserting  after  section  one  hundred  and  eleven  B,  inserted 
by  chapter  one  hundred  and  fifty-six  of  the  acts  of  the 
current  year,  the  following  section:  —  Section  lllC.  Any 
employee  of  a  city  or  town  who  is  a  veteran,  as  defined  in 
section  twenty-one  of  chapter  thirty-one,  may,  when  au- 
thorized by  the  mayor  or  the  selectmen,  attend  the  funeral 
or  memorial  services  of  a  veteran,  as  so  defined,  without 
loss  of  pay.  Approved  May  25,  1945. 


G.  L.  (T.r. 
Kd.).  41, 
new  §  lllC, 
added. 

At.tendau(te  of 
municipal 
employees  at 
fimerals, 
etc.,  of  war 
veterans. 


Acts,  1945.  —  (  'haps.  349,  350.  299 

An   Act  riqlativk  to  continuinc;   the   business  of   de-  (7,^,-»  34c) 

CEASED    PERSONS    BV    EXECVTORS    AND    ADMTNTSTKATOBS. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.     Section  twelve  of  chapter  one  hundred  and  Ed  ^' loss's  i? 
ninety-three   of   the    General    Laws,    as    appearing   in   the  amende.i! 
'J'ercentenary  Edition,  is  hereby  amended  by  adding  at  the 
end  the  following:  —  ,  and  such  authority  may  be  granted  at 
the  time  of,  or  after,  his  appointment  and  may  be  given        ♦ 
without  notice  or  with  such  notice  as  the  court  may  oi'der 
to  be  given  prior  to  or  after  the  granting  of  such  authority, 
—  so   as   to   read   as   follows:  —  Section  12.     The   probate  special  ad- 
court  may,  upon  such  notice  as  it  considers  reasonable,  au-  maTbea^u.''* 
thorize  or  require  a  special  administrator  to  sell  or  do  such  thoVizedto 
other  acts  relative  to  any  property  or  estate  in  his  charge  as  inisine"sof 
it  may  deem  necessary;  but  this  section  shall  not  give  to  the  por^mT"' 
special  administrator  other  or  greater  powers  than  an  ad- 
ministrator, except  that  he  may  be  authorized  to  continue 
the  business  of  the  deceased  for  the  benefit  of  his  estate, 
and  such  authority  may  be  granted  at  the  time  of,  or  after, 
his  appointment  and  may  be  given  without  notice  or  with 
such  notice  as  the  court  may  order  to  be  given  prior  to  or 
after  the  granting  of  such  authority. 

Section  2.     Chapter  one  hundred  and  ninety-five  of  the  g.  l.  ( rer. 
General  Laws  is  hereby  amended  by  striking  out  section  |fmeAd.^f.'  ^  ^' 
seven,  as  so  appearing,  and  inserting  in  place  thereof  the 
following:  —  Section  7.    The  probate  court,  upon  such  notice  Court  may 
as  it  considers  reasonable,  may  authorize  an  executor  or  eeut'or.'e't " 
administrator  to  continue  the  business  of  the  deceased  for  to  continue' 
the  benefit  of  the  estate  for  a  period  not  exceeding  one  year 
from  the  date  of  his  appointment.     Such  authority  may  be 
granted  at  the  time  of  the  appointment  of  an  executor  or 
administrator  if  the  petition  for  such  appointment  contains 
a  prayer  therefor,  and  may  be  granted  without  special  notice 
or  with  such  special  notice  as  the  court  may  order  to  be 
given  prior  to  or  after  the  granting  of  such  authority.    The 
court,  for  cause  shown,  may  extend  such  authority  beyond 
one  3'ear.  Approved  May  25,  1945. 


An  Act  granting  the  consent  of  the  commonwealth  to  fhQ,)  350 

THE   acquisition    BY   THE   UNITED   STATES   OF  AMERICA   OF  '  ' 

certain  lands  for  THE  PURPOSES  OF  THE  VETERANS*  AD- 
MINISTRATION   FACILITY    IN    THE    TOAVN    OF    BEDFORD. 

He  it  enacted,  etc.,  as  follows: 

Section  1.  The  consent  of  the  commonwealth  is  hereby 
granted  to  the  acquisition  by  the  United  States  of  America, 
by  purchase  or  condemnation,  for  use  as  an  addition  to  the 
reservation  of  the  Veterans'  Administration  Facility  in  the 
town  of  Bedford,  of  two  parcels  of  land  situated  in  said  town 
and  formerly  owned  bj^  Edward  L  Cibulksi,  bounded  and 
described  as  follows :  — 


300  Acts,  1945.  —  Chap.  350. 

Parcel  1 .  -  Beginning  in  the  northeasterly  corner  of  the 
parcel  here  described  at  a  point  where  a  wire  fence  intersects 
the  stone  wall  running  along  tlie  northwesterly  line  of  Spring 
road,  which  point  is  also  the  southeasterly  corner  of  a  tract 
of  land  containing  18,037  square  feet,  now  or  formerly  owned 
by  A.  M.  Chisholm;  thence  running  in  a  southwesterly  di- 
rection along  said  wire  fence  and  the  southerly  boundary  of 
said  Chisholm  land  15t)  feet  to  a  stake  set  in  the  ground  at 
the  southwesterly  corner  of  said  Chisholm  land  and  land  of 
Mrs.  J.  11.  Comley;  thence  continuing  along  said  wire  fence 
and  the  southerl}^  line  of  said  Comley  land  170  feet  to  an 
iron  pin  axle  in  a  stone  wall  on  the  southeasterly  boundary 
of  land  of  the  United  States  of  America  now  being  occupied 
by  the  Veterans  Administration;  thence  running  S.  89°  23' 
40"  W.  along  said  stone  wall  and  said  land  of  the  United 
States  of  America  238  feet  to  another  stone  wall  and  land  of 
one  Adams,  i'ormerly  of  Ehzabeth  Brown;  thence  turning 
and  running  southeasterly  along  the  last  mentioned  stone 
wall  and  the  northerly  boundary  of  said  Adams  land  343.2 
feet  to  the  stone  wall  on  the  northwesterly  line  of  Spring 
road;  thence  running  northeasterly  along  the  last-men- 
tioned stone  wall  and  the  northwesterly  line  of  Spring  road 
316  feet  to  the  point  or  place  of  beginning,  containing  two  (2) 
acres,  more  or  less. 

Parcel  2.  —  Beginning  at  the  northwesterly  corner  of  the 
parcel  here  described  at  a  point  in  a  stone  wall  running  along 
the  southeasterly  Hne  of  Spring  road^  which  point  is  also  the 
south westerh^  corner  of  land  of  the  United  States  of  America, 
now  being  occupied  by  the  Veterans  Administration,  for- 
merly the  property  of  one  Pollard,  known  as  the  Bedford 
town  farm  property;  thence  running  the  following  courses 
and  distances  along  stone  walls  on  the  southeasterly  line  of 
Spring  road  and  along  the  southeasterly  line  of  said  Spring 
road:  S.  29°  22'  W.  327.33  feet;  S.  33°  48'  W.  245  feet; 
S.  33°  13'  W.  182.50  feet  and  S.  34°  03'  W.  95.60  feet  to  a 
stone  wall  and  the  northerly  line  of  land  of  one  Adams, 
formerly  of  Elizabeth  Brown;  thence  running  the  following 
courses  and  distances  along  the  last-mentioned  stone  wall 
and  the  northerly  boundary  line  of  said  land  of  Adams,  for- 
merly of  Elizabeth  Brown,  the  northerly  boundary  line  of 
one  Spell,  formerly  of  John  T.  Boynton  and  the  northerly 
boundary  line  of  land  of  one  Maziekas,  formerly  of  Martin 
Kellev;  S.  68°  23'  E.  1752  feet;  S.  71°  12'  E.  62.4  feet; 
S.  76°  57'  E.  214  feet;  S.  82°  27'  E.  85.67  feet;  S.  89°  26' 
E.  80.50  feet  and  N.  87°  30'  E.  734.84  feet  to  a  fence  on  the 
westerly  boundary  of  land  of  Nathan  H.  Daniels,  formerly 
of  Cyrus  Page;  thence  running  N.  04°  30'  E.  along  said  fence 
and  the  westerly  line  of  said  Daniels  land  1,058  feet  to  land 
of  the  United  States,  now  being  occupied  by  the  Veterans 
Administration,  formerly  old  Bedford  town  farm  property, 
and  thence  running  with  the  lines  of  the  last-mentioned  land 
the  following  courses  and  distances:  N.  84°  07'  50"  W.  239.25 
feet  to  an  old  stake  and  stones  set  at  a  corner;    S.  0°  18' 


Acts,  1945.  —  Chap.  351.  301 

W.  18.48  feet;  N.  86°  37'  50"  W.  238.01  feet;  S.  88°  33'  15" 
W.  127.10  feet;  N.  85°  15'  10"  W.  40.30  feet;  N.  72°  20' 
30"  W.  227.15  feet;  N.  58°  18'  20"  W.  54  feet;  N.  53°  56' 
40"  W.  106.26  feet;  N.  57°  28'  35"  W.  63.99  feet;  N.  62° 
49'  40"  W.  117.54  feet;  N.  79°  24'  50"  W.  85.30  feet;  N.  70° 
23'  40"  W.  171.76  feet;  S.  80°  03'  W.  181.50  feet;  N.  58° 
13'  40"  W.  30.25  feet;  N.  32°  51'  40"  W.  77  feet;  N.  81° 
10'  40"  W.  85.09  feet;  N.  82°  59'  30"  W.  317.67  feet;  N.  76° 
55'  20"  W.  100  feet;  N.  78°  37'  05"  W.  219.69  feet  and 
N.  83°  19'  W.  36.40  feet  to  the  point  or  place  of  beginning, 
containing  fifty-five  (55)  acres,  more  or  less. 

There  is  expressly  excluded  from  each  of  said  parcels  any 
part  of  the  fee  and  soil  of  said  Spring  road. 

Section  2.  Jurisdiction  over  the  above  described  lands 
is  hereby  granted  and  ceded  to  the  United  States  of  America, 
but  upon  the  express  condition  that  the  commonwealth  shall 
retain  concurrent  jurisdiction  with  the  United  States  of 
America  in  and  over  said  lands,  in  so  far  that  all  civil  proc- 
esses, and  such  criminal  processes  as  may  issue  under  the 
authority  of  the  commonwealth  against  any  person  or  per- 
sons charged  with  crimes  committed  without  said  lands  and 
all  processes  for  collection  of  taxes  levied  under  authority 
of  the  laws  of  the  commonwealth,  including  the  service  of 
warrants,  may  be  executed  thereon  in  the  same  manner  as 
though  this  cession  had  not  been  granted;  provided,  that 
the  exclusive  jurisdiction  in  and  over  such  lands  shall  revert 
to  and  revest  in  the  commonwealth  whenever  such  lands 
shall  cease  to  be  used  for  the  purpose  set  forth  in  section  one. 

Section  3.  This  act  shall  take  full  effect  upon  the  de- 
positing in  the  office  of  the  state  secretary  within  one  year 
after  its  effective  date  of  a  suitable  plan  of  the  two  parcels 
of  land  described  in  section  one,  but  not  otherwise. 

Approved  May  25,  1945. 


An   Act  regulating  the  procedure  after  abatement  (JJku)  351 

OF  A  local  tax,  assessment,  RATE  OR  CHARGE,  AND 
CLARIFYING  THE  POWER  TO  ABATE  CERTAIN  LOCAL  TAXES, 
ASSESSMENTS,  RATES  AND  CHARGES. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1,     Chapter  fifty-nine  of  the  General   Laws  is  q.  l.  (Ter. 
hereby  amended  by  insei-ting  after  section  seventy  the  fol-  liow  Vtoa, 
lowing   section:  —  Section  70 A.     Whenever   upon   applica- '"''**"^- 
tion  for  abatement  or  otherwise  any  tax,  assessment,  rate  or  taxes?'ctc",  " 
charge  assessed  by  a  board  or  officer  of  a  town,  or  any  interest  j^gardT' 
thereon  or  costs  relative  thereto,  is  finallj'^  abated  in  whole 
or  in  part  by  any  court  or  officer,  or  by  any  board,  which 
latter  term  as  used  in  this  sentence  shall  include  the  county 
commissioners  and  the  appellate  tax  board,  the  officer  or 
the  secretary,  clerk  or  similar  official  of  the  board  assessing 
such   tax,  assessment,  rate  or  chaige  shall  forthwith   give 
notice  of  such  abatement  to  the  collector  and  to  the  auditor, 


302 


Acts,  1945.  —  Chap.  351. 


G.  L.  (Tt-r. 
Ed.).  .'>S, 
§  8,  etc., 
amended. 


Recovery  of 
uncollected 
taxes,  etc., 
action  by 
commissioner. 


accountant  or  similar  official.  If  the  assessment  was  made 
by  a  board  or  officer  other  than  the  assessors  and  the  tax, 
assessment,  rate,  charge,  costs  or  interest  is  part  of  an 
annual  tax,  Fuch  notice  shall  also  be  given  to  the  assessors. 
Upon  leceipt  of  such  notice,  the  collector  shall  make  due 
entry  of  the  abatement  in  his  books,  except  where  the  tax, 
assessment,  rate  or  charge  is  an  item  in  a  tax  title  account 
set  up  under  section  fifty  of  chapter  sixty,  in  which  case  he 
shall  forthwith  transmit  such  notice  to  the  treasurer,  who 
shall  forthwith  enter  the  abatement  on  the  tax  title  account, 
and  the  treasurer  shall  thereby  be  relieved  of  further  re- 
sponsibility with  respect  to  the  amount  abated.  Whenever 
any  tax,  assessment,  rate,  charge,  costs  or  interest  consti- 
tuting an  item  in  a  tax  title  account  is  abated  in  whole  or  in 
jiai't,  the  account,  if  any,  .set  up  on  the  books  of  the  town 
showing  the  amount  of  tax  title  revenue  available  when 
collected  shall  be  reduced  accordingly.  Whenever  any  tax, 
which  word  as  used  in  this  sentence  shall  be  construed  to 
mean  the  tax  assessed  under  this  chapter  and  not  to  include 
any  assessment,  rate,  charge,  costs  or  interest  added  thereto, 
is  abated  in  whole  or  in  part,  whether  or  not  such  tax  has- 
been  collected  and  whether  or  not  such  tax  is  secured  by  a 
tax  title  held  by  the  town,  the  amount  of  the  abatement 
shall  be  charged  against  the  overlay  of  the  year  of  such  tax. 
Section  2.  Chapter  fifty-eight  of  the  General  Laws  is 
hereby  amended  b}^  striking  out  section  eight,  as  most  re- 
cently amended  b}^  section  one  of  chapter  three  hundred 
and  twenty-two  of  the  acts  of  nineteen  hundred  and  thii-ty- 
five,  and  inserting  in  place  thereof  the  following  section:  — 
Section  8.  Whenever  it  appears  to  the  commissioner  that 
at  the  end  of  two  years  from  the  commitilient  of  any  war- 
rant to  a  collector  any  taxes  upon  such  warrant  remain  un- 
collected, or  if  collected  have  not  been  turned  over  to  the 
town  treasurer,  the  commissioner  shall  within  three  months 
bring  the  matter  to  the  attention  of  the  attornej^  general, 
who  may  bring  or  cause  to  be  brought  an  action  of  contract 
in  the  name  of  the  town  against  the  collector  and  upon  his 
bond,  in  the  superior  court  for  the  county  where  th(!  town 
lies.  Any  amount  recovered  under  this  section  shall  be  paitl 
into  the  treasury  of  the  town  in  whose  name  the  action  is 
prosecuted;  but  all  reasonable  expenses  incurred  by  the 
attorney  general  in  any  such  action  shall  be  borne  by  the 
town,  and  may  be  recovered  from  it  by  the  commonwealth 
in  contract.  If,  at  any  time  after  anv  tax,  assessment,  rate 
oi-  other  charge  has  been  committed  to  a  collector  such  tax, 
assessment,  rate  or  charge,  or  any  interest  thereon  or  costs 
relative  thereto,  remains  unpaid  and  the  commissioner  is  of 
the  opinion  that  such  tax,  assessment,  rate,  charge,  costs  or 
interest  should  be  abated,  he  may,  in  writing,  authorize  the 
assessors  or  the  board  or  officer  assessing  such  tax,  assess- 
ment, rate  or  charge,  to  abate  any  part  or  the  whole  of  such 
tax,  assessment,  rate,  chai-ge,  costs  or  interest,  whether  or 
not  the  same  is  secured  by  a  tax  title  held  by  the  town. 


Acts,  1945.  —  Chap.  352.  303 

The  assessors  or  the  board  or  officer  aforesaid  may  there- 
upon make  the  abatement  authorized  and  enter  the  same  in 
their  or  his  record  of  abatements,  making  reference  in  said 
record  to  such  authorization  as  the  cause  or  reason  for  the 
abatement.  If  there  is  more  than  one  such  tax,  assessment, 
rate  or  charge,  the  abatement  may  be  authorized  and  made 
either  by  items  or  by  a  sum  total,  stated  in  such  written 
authorization.  Whenever  authority  to  abate  is  granted 
under  this  section,  the  commissioner  shall  forthwith  give 
written  notice  of  the  grant  of  such  authority  to  the  collectoi-, 
and,  if  the  tax,  assessment,  rate,  charge,  costs  or  interest 
involved  is  secured  by  a  tax  title  held  by  the  town,  also  to 
the  treasurer.  .  Approved  May  25,  19/^5. 

An  Act  providing  that  negligence  of  the  parent  or  Cha7).'ib2 

CTTSTODIAN  OF  AN  INFANT  SHALL  NOT  BE  IMPUTED  TO 
THE  INFANT  FROM  THE  FACT  OF  SUCH  PARENTHOOD  OR 
CUSTODIANSHIP. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  two  hundred  and  thirty-one  of  the  g.  l.  (Tit. 
General  Laws  is  hereby  amended  by  inserting  after  section  neV'i^ssb, 
eighty-five  C,  inserted  by  section  one  of  chapter  four  hun-  a^'<'<^''< 
dred  and  thirty-nine  of  the  acts  of  nineteen  hundred  and 
thirty-seven,  the  following  section:  —  Section  85D.     In  all  Negligence  of 
actions  to  recover  damages   for  injury   to   the   person   or  not  to 'be  im- 
property  of  an  infant,  the  negligence  of  the  parent  or  other  rnVanl*" 
custodian  of  the  infant  shall  not  be  imputed  to  the  infant 
from  the  fact  of  such  parenthood  or  custodianship. 

Section  2.     Section  one  hundred  and  forty-one  of  said  ^^;,\\' '^"' 
chapter    two    hundred    and    thirty-one,    as    most    recently  §  iii.  et<-'.. 
amended  by  section  two  of  chapter  three  hundred  and  fifty  '"'""' " 
of  the  acts  of  nineteen  hundred  and  fortj^-three,  is  hereby 
further   amended   by   inserting   after   the    words    "eighty- 
five   A"  in   the   fourteenth    line   the   following: — ,  eighty- 
five  B,  eight^^-five  D,  —  so  as  to  read  as  follows:  —  Section  section.s  .•,,.- 
141.    Sections  one,  two,  three,  four,  four  A,  five,  six,  seven,  ^iviTacdon^ 
ten,  eleven,  twelve,  thirteen,  thirteen  A,  fourteen,  fifteen,  |,ou"tl ''"'*"' ' 
sixteen,  seventeen,  eighteen,  nineteen,  twenty,  twenty-one, 
twenty-two,  twenty-three,  twenty-five,  twenty-six,  twenty- 
seven,  twenty-eight,  twenty-nine,  thirty,  thirty-one,  thirty- 
two,  thirty-three,  thirty-four,  thirty-five,  thirty-six,  thirty- 
seven,  thirtj'^-eight,  thirty-nine,  forty,  forty-one,  forty-two, 
forty-three,   forty-four,   forty-five,   forty-seven,   forty-eight, 
forty-nine,  fifty,  fifty-one,  fifty-two,  fiftj^-three,  fifty-four, 
fifty-six,  fifty-seven,  fifty-eight,  fifty-eight  A,  fifty-nine  B, 
sixty-one,  sixty-two,  sixty-three,  sixty-four,  sixty-five,  sixty- 
six,  sixty-seven,  sixty-eight,  sixty-nine,  seventy,  seventy-two, 
seventy-three,     seventj-^-four,     seventy-five,     seventy-nine, 
eighty-five,    eighty-five    A,    eighty-five    B,    eighty-five    D, 
eighty-seven,  eighty-eight,  eighty-nine,  ninety,  ninety-one, 
ninety-two,   ninety-three,   ninety-four,   ninety-five,   ninety- 
seven,  ninety-eight,  ninety-nine,  one  hundred  and  one,  one 


304  Acts,  1945.  —  Chap.  353. 

hundred  and  two,  one  hundred  and  three,  one  hundred  and 
four,  one  hundred  and  five,  one  hundred  and  six,  one  hun- 
dred and  seven,  one  hundred  and  eight,  one  hundred  and 
nine,  one  hundred  and  ten,  one  hundred  and  twentj^-four, 
one  hundred  and  twenty-five,  one  hundred  and  twenty-six, 
one  hundred  and  thirty-two,  one  hundred  and  thirty-three, 
one  hundred  and  thirty-four,  one  hundred  and  thirty-five, 
one  hundred  and  thirty-six,  one  hundred  and  thirty-seven, 
one  hundred  and  thirty-eight,  one  hundred  and  thirty-nine, 
one  hundred  and  forty,  one  hundred  and  forty  A  and  one 
hundred  and  forty-seven  shall  apply  to  civil  actions  before 
district  courts,  and  no  other  sections  of  this  chapter  shall  so 
apply,  except  to  the  municipal  court  of  the  city  of  Boston 
under  section  one  hundred  and  forty-three. 

Section  3.     This  act  shall  not  affect  the  laws  applicable 

to  any  action  to  recover  damages  for  the  death  of  an  infant. 

dfte^''""  Section  4.     This  act  shall  take  effect  on  September  first 

in  the  current  year  and  shall  apply  to  causes  of  action  arising 

after  said  date.  Approved  May  25,  1945. 

C/iap.353  An  Act  providing  retirement  allowances  for  persons 

EMPLOYED   AT   THE    GRANITE   AVENUE    BRIDGE,    SO    CALLED, 
between  THE  TOW^N  OF  MILTON  AND  THE  CITY  OF  BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Except  as  hereinafter  provided,  regular  and 
permanent  employees  of  the  commission  appointed  under 
section  one  of  chapter  seven  hundred  and  seventy-one  of  the 
acts  of  nineteen  hundred  and  thirteen,  and  having  control 
of  the  Granite  Avenue  Bridge,  so  called,  between  the  town 
of  Milton  and  the  city  of  Boston,  in  this  act  called  the  com- 
mission, shall,  for  the  purpose  of  providing  retirement  allow- 
ances, be  deemed  to  be  emplo3^ees  of  the  city  of  Boston 
within  the  meaning  of  section  two  of  chapter  five  hundred 
and  twenty-one  of  the  acts  of  nineteen  hundred  and  twenty- 
two,  known  as  the  Boston  Retirement  Act,  and  shall  have 
all  the  rights,  benefits  and  privileges  and  shall  be  subject  to 
all  the  conditions  and  restrictions  specified  in  said  act  in 
respect  to  employees  of  the  city  of  Boston  as  therein  defined 
who  are  members  of  the  retirement  system  established  by 
said  chapter.  Every  such  employee  in  the  service  of  the 
commission  on  the  effective  date  of  this  act  shall  have  the 
option  of  becoming  a  member  of  said  retirement  system  or 
not,  and  shall  be  deemed  to  have  elected  to  become  a  mem- 
ber thereof  upon  the  expiration  of  sixty  days  after  said  date, 
unless  within  said  period  he  notifies  the  Boston  retirement 
board  in  writing  that  he  does  not  wish  to  become  such  a 
member.  Such  an  employee  maj^  become  a  member  of  said 
system  at  any  time  within  said  period  of  sixty  days  upon 
notice  in  writing  to  said  board.  In  relation  to  its  employees 
who  become  members  of  said  system,  the  commission  shall 
be  deemed  the  head  of  a  department  within  the  meaning  of 
said  chapt(;r  five  liundred  and  twenty-one. 


Acts,  1945. —  (/hap.  353.  305 

Section  2,  The  treasurer  of  the  city  of  Boston  and  the 
treasurer  of  the  town  of  Milton  shall  each  witlihold  four 
per  cent  of  the  regular  compensation  due  from  the  county 
of  Suffolk  or  the  town  of  Milton,  as  the  case  may  be,  on 
each  pay  day  to  each  employee  of  the  commission  who  is  a 
member  of  the  Boston  retirement  system  and  pay  the  same 
to  the  Boston  retirement  board,  who  shall  deposit  the  same 
in  the  annuity  savings  fund,  established  under  section  six 
of  said  chapter  five  hundred  and  twenty-one,  to  the  credit 
of  such  member. 

Section  3.  Such  sums  as  shall  be  necessary  to  provide 
all  pension  payments  on  account  of  employees  of  the  com- 
mission who  become  members  of  the  retirement  system  shall 
be  provided  equally  by  the  county  of  Suffolk  and  the  town 
of  Milton,  and  the  treasurer  of  the  city  of  Boston  and  the 
treasurer  of  the  town  of  Milton  shall  pay  said  sums  to  the 
said  retirement  board,  to  be  deposited  in  its  pension  accumu- 
lation fund,  at  such  times  and  in  such  instalments  and 
amounts  as  shall  be  required  by  the  said  retirement  board, 
in  conformity  with  the  provisions  of  said  chapter  five  hun- 
dred and  twenty-one.  Such  payments  shall  be  considered 
as  part  of  the  expense  of  maintaining  and  operating  the 
bridge  under  the  control  of  the  commission  in  connection 
with  which  said  employees  are  employed,  but  no  statutory 
tax  limit  shall  apply  to  the  raising  of  any  funds  necessary 
to  comply  with  this  section. 

Section  4.  Any  person  employed  by  the  commission  on 
February  first,  nineteen  hundred  and  forty-five,  who  be- 
comes a  member  of  the  Boston  retirement  system  on  or 
before  the  expiration  of  sixt}^  days  after  the  effective  date 
of  this  act,  as  provided  in  section  one,  shall,  for  the  purpose 
of  determining  the  amount  of  his  pension  pa3^able  under 
subsection  (c)  of  section  ten  of  said  chapter  five  hundred  and 
twenty-one,  be  deemed  to  have  been  an  employee  of  the 
city  of  Boston  on  February  first,  nineteen  hundred  and 
forty-five  and  to  have  become  a  member  of  said  system 
within  one  year  from  said  date. 

Section  5.  Any  amounts  paid  or  payable  by  said  county 
and  said  town,  under  the  provisions  of  the  workmen's  com- 
pensation law,  to  an  employee  of  the  commission  who  is  a 
member  of  the  said  retirement  system  or  to  the  dependents 
of  any  such  member  on  account  of  his  death  or  disability 
shall  be  offset  against  and  payable  in  lieu  of  any  benefits 
payable  out  of  the  funds  provided  by  said  county  and  said 
town  under  the  provisions  of  this  act  on  account  of  the  death 
or  disabihty  of  such  member.  If  the  value  of  the  total 
commuted  benefits  so  paid  or  payable  is  less  than  the  reserve 
on  the  pension  otherwise  payable  under  this  act,  the  value  of 
such  commuted  benefits  shall  be  deducted  from  such  pension 
reserve  and  such  benefits  as  may  be  provided  by  the  pension 
reserve  so  reduced  shall  be  payable  under  the  provisions  of 
this  act. 

Section  6.     On  and  after  January  first,  nineteen  hun- 


306  Acts,  1945.  —  (  'haps.  354,  355. 

(Ired  and  forty-seven,  the  services  of  every  employee  of  the 
commission,  not  a  veteran  of  tl)e  Spanish  War  or  Philippine 
Insurrection  or  the  World  War  as  defined  in  section  fifty-six 
of  chapter  thirty-two  of  the  General  Laws,  who  attains  or 
has  attained  the  age  of  seventy  and  who  is  not  then  a  mem- 
ber of  the  said  retirement  system,  shall  terminate  forthwith. 
Section  7.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  the  selectmen  of  the  town  of  Milton,  and  by 
vote  of  the  city  council  of  the  city  of  Boston,  subject  to  the 
provisions  of  its  charter,  but  not  otherwise. 

Approved  May  25,  1945. 


Chap.354:  An  Act  relative  to  exemptions  from  the  application 

OF   THE    STATE    LABOR    RELATIONS    LAW. 

Be  it  enacted,  etc.,  asfolloivs: 

v'i\"  i^()\  Section  ten  of  chapter  one  hundred  and  fifty  A  of  the 

§''io,' ftr.,  '       General  Laws,  as  appearing  in  section  two  of  chapter  three 
am.nd.a.  hundi'cd  and  fort.y-five  of  the  acts  of  nineteen  hundred  and 

thirty-eight,  is  hereby  amended  by  striking  out  paragraph 
(b)  and  inserting  in  place  thereof  the  following  paragraph:  — 
Y?h'^''''r"  ^^^  "^^^^^  chapter  shall  not  be  deemed  applicable  to  any 

liir'itwii'. '^'  unfair  labor  practice  involving  employees  who  are  subject 
to  and  protected  by  the  Federal  Railway  Labor  Act  or  in- 
volving any  employees  who  are  actually  engaged  in  inter- 
state commerce  or  any  employees  actually  engaged  in  pro- 
ducing goods  for  shipment  in  interstate  commerce. 

Approved  May  25,  1945. 


Cha'P.S5d  ^'^^  ^^'^  EXEMPTING  THE  POSITION  OF  SCHOOLHOUSE  CUS- 
TODIAN OF  THE  CITY  OF  BOSTON  FROM  THE  CIVIL  SERVICE 
LAWS. 

Be  it  enacted,  etc.,  as  follows: 

G  L.  (Tor.  Section  five  of  chapter  thirty-one  of  the  General  Laws, 

otV.'ain.'ii.i'.-d.    as  most  recently  amended  by  section  three  of  chapter  four 
hundred  and  two  of  the  acts  of  nineteen  hundred  and  forty- 
one,  is  hereby  further  amended  by  inserting  after  the  word 
"city"   in  the  twenty-second  line  the  following: — ■  ;    the 
schoolhouse  custodian  of  the  city  of  Boston,  —  so  as  to 
ciertaiu  oHicers  read  as  f oUows : — Section  5.     No  rule  made  by  the  com- 
oh^^orv^r"'      mission  shall  apply  to  the  selection  or  appointment  of  any 
'•'"^  of  the  following:  — 

Judicial  officers;  officers  elected  by  the  people  or,  except 
as  otherwise  expressh^  provided  in  this  chapter,  by  a  city 
council;  officers  whose  appointment  is  subject  to  confirma- 
tion by  the  executive  council;  officers  whose  appointment 
is  subject  to  confirmation  by  the  city  council  of  any  city, 
except  those  expressly  made  subject  to  this  chapter  by  sec- 
tion forty-seven  C;  officers  whose  appointment  is  subject 
to  the  approval  of  the  governor  and  council;  officers  elected 


Acts,  1945.  —  Chap.  356.  307 

by  either  branch  of  the  general  court  and  the  appointees  of 
such  officers;  heads  of  principjd  departments  of  the  com- 
monwealth or  of  a  city  except  as  otherwist;  provided  by  sec- 
tion four  or  as  otherwise  required  by  section  forty-seven  C; 
directors  of  divisions  authorized  by  law  in  the  departments 
of  the  commonwealth,  except  those  expressly  made  subject 
to  this  chapter;  employees  of  the  state  treasurer  appointed 
under  section  five  of  chapter  ten,  employees  of  the  com- 
missioner of  banks,  and  of  the  treasurer  and  collector  of 
taxes  of  any  city;  two  employees  of  the  city  clerk  of  any 
city;  the  schoolhouse  custodian  of  the  city  of  Boston; 
public  school  teachers;  secretaries  and  confidential  stenog- 
raphers of  the  governor,  or  of  the  mayor  of  any  cit}';  clerical 
employees  in  the  registries  of  probate  of  all  the  counties; 
police  and  fire  commissioners  and  chief  marshals  or  chiefs  of 
police  and  of  fire  departments,  except  as  provided  in  section 
forty-nine;  and  such  others  as  are  by  law  exempt  from  the 
operation  of  this  chapter.  Approved  May  28,  1945. 


An  Act  relative  to  the  rights  of  certain  beneficiaries  Char>.^i\i\ 

UNDER  the  social  SECURITY  ACT  TO  SERVE  A  WAITING 
PERIOD  AND  BE  PAID  BENEFITS  UNDER  THE  EMPLOYMENT 
SECURITY   LAW\ 

Whereas,  The  deferred  operation  of  this  act  would  prevent  ismergency 
the  accomplishment  of  one  of  its  purposes,  which  is  to  pro-  '"^*''^"' 
vide  for  the  immediate  payment  of  benefits  under  the  em- 
ployment security  law  to  certain  beneficiaries  under  the 
social  security  act,  therefore  it  js  hereby  declared  to  be  an 
emergency  law,  necessary  for  the  immediate  preservation 
of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Subsection  (d)  of  section  twenty-five  of  chapter  one  hun-  g.  l.  (Toi. 
dred  and  fifty-one  A  of  the  General  Laws,  as  appearing  in  |''.',5'pV^'^" 
section  one  of  chapter  six  hundred  and  eighty-five  of  the  iin.wi,i<>.i.' 
acts  of  nineteen  hundred  and  forty-one,  is  hereby  amended 
by  striking  out  all  after  the  word  "States"  in  the  eleventh 
line,  —  so  as  to  read  as  follows :  — 

(d)  Any  period  with  respect  to  which  he  is  receiving  or  wiun  waiting 
lias  received  or  is  about  to  receive  remuneration  in  the  form  ben"fi'ts "oi 
of  (1)  payments  in  lieu  of  dismissal  notice;    (2)  vacation  »"'>«'•'' 
allowances;    (3)  compensation  for  partial  or  total  disability 
under  the  Workmen's  Compensation  Law  of  any  state  or 
under  any  similar  law  of  the  United  States,  but  not  including 
payments  for  certain  specified  injuries  under  section  thirty- 
six  of  chapter  one  hundred  and  fifty-two;   or  payments  for 
similar   specified    injuries   under   workmen's    compensation 
laws  of  any  state  or  under  any  similar  law  of  the  United 
States.  Approved  May  29,  191^5. 


308  Acts,  1945.  —  Chaps.  357,  358. 

Chap.S57  An  Act  designating  the  riverside  public  golf  links, 

so  CALLED,  IN  THE  CITY  OF  NEWTON  AND  TOWN  OF  WESTON, 
AS  THE  LEO  JEROME  MARTIN  MEMORIAL  GOLF  COURSE. 

Be  it  enacted,  etc.,  as  follows. • 

Section  1.  The  golf  course  in  the  city  of  Newton  and 
town  of  Weston,  now  commonly  known  as  the  Riverside 
Public  Golf  Links,  shall  be  known  and  designated  as  the 
Leo  Jerome  Martin  Memorial  Golf  Course,  and  a  suitable 
tablet  or  marker  bearing  said  designation  shall  be  erected 
at  said  golf  course  by  the  metropolitan  district  commission. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  29,  1945. 


Chap.35S  An  Act  establishing  a  recreation  commission  in  the 

city  of  woburn. 

Be  it  enacted,  etc.,  as  follows: 

Section  L  A  recreation  commission,  hereinafter  re- 
ferred to  as  the  commission,  is  hereby  established  in  the  city 
of  Woburn.  The  commission  shall  consist  of  five  persons 
who  shall  serve  without  compensation.  Two  members  shall 
be  appointed  by  the  mayor  of  said  city,  two  by  the  city 
council  thereof  and  one  by  the  school  committee  thereof. 
Of  the  members  originally  appointed  by  the  mayor  one  shall 
serve  for  a  term  of  five  years  and  one  shall  serve  for  a  term 
of  four  years,  and  of  the  members  originally  appointed  by 
the  city  council  one  shall  serve  for  a  term  of  three  years  and 
one  shall  serve  for  a  term  of  two  years,  and  the  member 
originally  appointed  by  the  school  committee  shall  serve 
for  a  term  of  one  year.  Upon  the  expiration  of  the  term  of 
any  member,  his  successor  shall  be  appointed  for  a  term  of 
five  years  in  the  manner  provided  for  the  appointment  of 
the  member  whose  term  expires.  All  members  shall  serve 
until  the  qualification  of  their  respective  successors.  Any 
vacancy  occurring  in  the  commission  shall  be  filled  for  the 
remainder  of  the  term  by  the  mayor,  by  the  city  council  or 
by  the  school  committee,  according  as  the  original  appoint- 
ment was  made. 

Section  2.  Immediately  after  their  appointment,  and 
annually  thereafter,  the  members  of  the  commission  shall 
meet  and  organize  by  electing  one  of  their  members  president 
and  by  electing  such  other  officers  as  may  be  necessary.  The 
commission  may  adopt  rules  and  regulations  for  the  proper 
conduct  of  pubUc  recreation  for  the  city. 

Section  3.  The  powers,  duties  and  liabilities  conferred 
or  imposed  by  chapter  one  hundred  and  seventy-two  of  the 
acts  of  eighteen  hundred  and  ninety-seven,  as  amended  by 
chapter  three  hundred  and  seventy-two  of  the  acts  of  nine- 
teen hundred  and  fourteen,  on  the  superintendent  of  public 
works  of  said  city  in  respect  to  the  laying  out  and  care  of 
public  parks  and  work  in  and  upon  the  same,  and  the  care. 


Acts,  1945.  —  Chap.  358.  309 

superintendence  and  management  of  public  grounds,  except 
such  as  are  under  the  control  of  the  school  committee,  are 
hereb}'  transferred  to  the  commission.  The  commission 
shall  have  the  sole  care,  control,  superintendence  and  man- 
agement of  the  public  parks  and  management  of  playgrounds 
in  said  city,  and  shall  provide,  conduct  and  supervise  play- 
grounds, athletic  fields,  recreation  centers  and  other  recrea- 
tional facilities  on  such  public  parks  and  public  grounds 
therein,  and  on  privately  owned  properties  therein  the 
owners  of  which  in  writing  so  authorize.  The  commission 
shall  not  incur  debts  or  liabilities  for  purposes  other  than 
those  above  referred  to  nor  to  an  amount  exceeding  the 
funds  subject  to  their  order. 

Section  3A.  The  treasurer  of  said  city  is  hereby  au- 
thorized to  receive  and  hold  any  appropriation  granted  to 
the  commission  for  the  purposes  of  this  act  and  any  gifts 
or  bequests  of  money  or  donations  or  other  personal  property 
as  provided  in  section  five,  and  all  such  appropriations  and 
property  so  received  shall  always  be  kept  separate  from  any 
other  moneys  or  property  in  the  hands  of  the  treasurer,  shall 
be  subject  to  the  order  of  said  commissioners,  and  shall  be 
expended  by  them  in  such  manner  as  shall  in  their  opinion 
best  promote  the  purposes  for  which  such  appropriation, 
gift,  bequest  or  donation  was  or  is  made.  The  bond  of  said 
treasurer  shall  apply  to  and  include  duties  performed  under 
this  act. 

Section  4.  The  commission  may  appoint  as  superin- 
tendent a  person  who  is  trained  and  properly  qualified  for 
the  work,  and  may  appoint  such  other  personnel  as  it  deems 
proper. 

Section  5.  The  commission  may  solicit  or  receive  any 
gifts  or  bequests  of  money  or  other  personal  property  or 
any  donation  to  be  applied,  principal  or  income,  for  either 
temporary  or  permanent  use  for  playgrounds  or  other 
recreational  purposes  under  its  control. 

Section  6.  The  commission  shall  annually  make  and 
render  to  the  mayor  and  city  council  of  said  city  a  report  in 
writing  of  their  acts  and  doings  and  of  the  condition  of  the 
parks,  playgrounds  and  other  pubHc  property  under  their 
control  and  shall  render  such  other  reports  from  time  to 
time  as  shall  be  requested  qf  them  by  said  mayor  and  city 
council,  or  either. 

Section  7.  This  act  shall  be  submitted  to  the  registered 
voters  of  the  city  of  Woburn  at  its  biennial  municipal  elec- 
tion in  the  current  year  in  the  form  of  the  following  question 
which  shall  be  placed  upon  the  official  ballot  to  be  used  at 
said  election: —  "Shall  an  act  passed  by  the  General  Court 
in  the  year  nineteen  hundred  and  forty-five,  entitled  'An 
Act  establishing  a  recreation  commission  in  the  city  of 
Woburn',  be  accepted?"  If  a  majority  of  the  voters  voting 
thereon  vote  in  the  affirmative  in  answer  to  said  question, 
then  this  act  shall  thereupon  lake  full  effect  in  said  city, 
but  not  otherwise.  Approved  May  29,  194,5. 


3iy 


Acts,  1945.  —  Chaps.  359,  360. 


G.  1,.  (Ter. 
Kd.),  43A.  §  6, 
etc.,  amended. 


Noiiiiiiiitioti  of 
candidates  for 
town  meeting 
members. 


C/iap.S59  An  Act  fixing  the  time  for  the  filing  of  notices  of 

CANDIDATES  FOR  RE-ELECTION  AS  TOW^N  MEETING  MEM- 
BERS IN  TOWNS  HAVING  A  STANDARD  FORM  OF  REPRE- 
SENTATIVE  TOWN    MEETING    GOVERNMENT. 

Be  it  enacted,  etc.,  as  follows: 

Section  six  of  chapter  forty-three  A  of  the  General  Laws, 
as  most  recently  amended  b}-  section  four  of  chapter  four 
hundred  and  fifty-three  of  the  acts  of  nineteen  hundred  and 
forty-three,  is  hereby  furtlier  amended  by  striking  out,  in 
the  twenty-second  line,  the  words  "at  least  thirty  days 
before  the  election"  and  inserting  in  place  thereof  the  words: 
— -  not  later  than  fourteen  days  prior  to  the  last  day  and 
hour  for  filing  nomination  papers,  —  so  as  to  read  as  follows : 
—  Section  6.  Nomination  of  candidates  for  town  meeting 
members  to  be  elected  under  this  chapter  shall  be  made  by 
nomination  papers,  which  shall  show  clearly  whether  he  has 
been  a  former  town  meeting  member,  and,  if  an  elected 
incumbent  of  such  office,  that  he  is  a  candidate  for  re- 
election and  shall  bear  no  other  political  designation.  Such 
papers  shall  be  signed  bj-  not  less  than  ten  voters  of  the 
precinct  in  which  the  candidate  resides,  shall  be  filed  with 
the  town  clerk  at  least  ten  days  before  the  election  or,  in 
towns  which  have  accepted  section  one  hundred  and  three  A 
of  chapter  fifty-four,  within  the  time  provided  by  section 
ten  of  chapter  fifty-three.  They  shall  be  submitted  to  the 
registrars  of  voters  and  shall  be  certified  in  the  manner 
provided  in  section  seven  of  said  chapter  fifty-three;  pro- 
vided, that  any  town  meeting  member,  including  any  town 
meeting  member  in  office  under  the  provisions  of  a  special 
statute  under  which  such  town  is  operating  immediately 
prior  to  the  taking  effect  therein  of  the  standard  form  of 
representative  town  meeting  government  provided  by  this 
chapter,  may  become  a  candidate  for  re-election  by  giving 
written  notice  thereof  to  the  town  clerk  not  later  than 
fourteen  days  prior  to  the  last  day  and  hour  for  filing  nomi- 
nation papers.  If  a  town  meeting  member  is  a  candidate 
for  re-election,  the  words  "Candidate  for  Re-election"  shall 
be  printed  against  his  name  as  it  appears  on  the  ballot  for 
the  election  of  town  officers.  No  nomination  papers  shall  be 
valid  in  respect  to  any  candidate  whose  written  acceptance 
is  not  thereon  or  attached  thereto  when  filed. 

Approved  May  29,  1945. 


Chap.SQO  An  Act  authorizing  the  city  of  boston  to  pay  a  sum 

OF    MONEY    TO    THE    FATHER    OF    KENNETH    BALDASSARI. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  discharging  a  moral  obli- 
gation, the  city  of  Boston  may  pay  to  Salvatore  Baldassari 
of  said  city  a  sum  not  exceeding  five  thousand  dollars,  for 
the  benefit  of  his  minor  son,  Kenneth  Baldassari,  who  sus- 


Acts,  1945.  —  Chap.  361.  311 

tained  permanent  injuries  on  January  thirty-first,  nineteen 
hundred  and  forty-one,  by  reason  of  snow  and  ice  falling 
from  a  public  school  building  in  said  city. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  vote  of  the  citj'^  council  of  said  city,  subject  to 
the  provisions  of  its  charter,  but  not  otherwise. 

Approved  May  29,  1945. 


An  Act  authorizing  the  city  of  boston  to  take  ad- 
vantage OF  THE  FAVORABLE  CONDITIONS  FOR  THE  BOR- 
ROWING OF  MONEY  AND  THEREBY  REDUCE  THE  DEBT 
SERVICE  OF  THE  TRAFFIC  TUNNEL  BONDS  BY  PROVIDING 
FUNDS  NECESSARY  TO  MEET  THE  PAYMENT  OF  SAID  BONDS 
AT  THEIR  CALL  DATE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  taking  advantage  of  the 
favorable  conditions  existing  for  the  borrowing  of  money 
at  a  low  rate  of  interest  to  provide  funds  to  meet  the  pay- 
ment at  the  earliest  date  permitted  of  bonds  designated  as 
Traffic  Tunnel  Bonds,  City  of  Boston,  Act  of  1929,  Traffic 
Tunnel  Bonds,  City  of  Boston,  Act  of  1929,  Series  B  and 
Traflic  Tunnel  Bonds,  City  of  Boston,  Act  of  1929,  Series  C, 
issued  under  authority  of  chapter  two  hundred  and  ninety- 
seven  of  the  acts  of  nineteen  hundred  and  twenty-nine,  as 
amended  by  chapter  two  hundred  and  eighty-seven  of  the 
acts  of  nineteen  hundred  and  thirty-two,  chapters  seventy- 
four,  three  hundred  and  twelve  and  four  hundred  and  fifty- 
five  of  the  acts  of  nineteen  hundred  and  thirty-five  and 
chapter  ninety-three  of  the  acts  of  nineteen  hundred  and 
thirty-seven,  the  treasurer  of  the  city  of  Boston,  subject 
to  the  provisions  of  this  act,  may,  with  the  approval  of  the 
mayor  of  the  city  and  without  any  other  authority  than 
that  contained  in  this  act,  issue  and  sell  at  public  or  private 
sale  serial  bonds  of  the  city,  registered  or  with  interest  cou- 
pons attached,  as  he  may  deem  best,  to  an  amount  not 
exceeding  sixteen  million,  five  hundred  thousand  dollars. 
Such  bonds  shall  be  designated  on  their  face,  Traffic  Tunnel 
Retirement  Bonds,  City  of  Boston,  Act  of  1945,  shall  be  for 
such  terms,  not  exceeding  thirty-five  years,  as  the  mayor 
and  the  treasurer  of  the  city  may  determine  and  shall  bear 
such  interest,  payable  semi-aftnually,  as  the  mayor  and 
treasurer  of  the  citj^  may  determine.  Such  bonds  may  be 
called,  retired  and  cancelled  in  whole  or  in  part  by  the  city 
on  any  date  upon  which  interest  is  payable  on  said  bonds 
on  or  after  twenty  years  from  their  respective  dates,  by 
payment  by  the  city  of  the  amount  of  the  face  of  said  bonds 
with  any  accumulated  unpaid  interest,  and  the  bonds  shall 
contain  a  statement  to  that  effect.  The  proceeds  of  the  sale 
of  such  bonds,  except  premiums,  shall  be  paid  to  tiie  board 
of  commissioners  of  sinking  funds  to  be  added  by  them,  in 
such  proportions  as  they  shall  deem  best  suited  to  meet  thf^ 


Chap.SQl 


312  Acts,  1945.  —  Chap.  361. 

requirements  of  section  three,  to  the  primar}^,  first  supple- 
mental and  second  supplemental  sinking  funds  established 
under  said  chapter  two  hundred  and  ninety-seven  of  the 
acts  of  nineteen  hundred  and  twenty-nine,  as  amended, 
subject  however  to  the  provisions  of  section  two  of  this  act 
relating  to  the  use  of  interest  received  from  the  investment 
of  such  proceeds.  Any  premium  received  upon  such  bonds, 
less  the  cost  of  preparing,  issuing  and  marketing  them,  shall 
be  paid  to  the  board  of  commissioners  of  sinking  funds  and 
applied  by  them  as  required  by  said  section  two.  The  debt 
incurred  under  the  provisions  of  this  act  shall  not  be  in- 
cluded in  determining  the  limit  of  indebtedness  of  the  city 
as  established  by  law. 

Section  2.  The  board  of  commissioners  of  sinking  funds 
shall  invest  and  reinvest  the  proceeds  from  the  sale  of  the 
Traffic  Tunnel  Retirement  Bonds,  City  of  Boston,  Act  of 
1945,  issued  under  this  act  in  obligations  of  the  government 
of  the  United  States  to  be  held  by  them,  subject  to  the 
provisions  of  this  act,  in  the  primary  sinking  fund,  first 
supplemental  sinking  fund  and  second  supplemental  sink- 
ing fund  as  required  by  section  one.  The  board  of  com- 
missioners of  sinking  funds  shall  annuallj^  pay  to  the  treas- 
urer of  the  city  so  much  of  the  interest  received  by  them  on 
account  of  the  said  obligations  of  the  government  of  the 
United  States,  together  with  any  premiums  realized  from 
sales  of  said  obligations  and  from  sales  of  the  bonds  au- 
thorized under  this  act,  as  may  be  necessary  to  meet  the 
interest  requirements  of  the  Traffic  Tunnel  Retirement 
Bonds,  City  of  Boston,  Act  of  1945,  issued  under  authority 
of  this  act;  provided,  that  in  determining  the  amount  of 
the  payment  to  be  made  to  the  treasurer  of  the  city  the 
board  of  commissioners  of  sinking  funds  shall  make  allow- 
ance for  amortizing  the  premiums,  if  any,  paid  by  them  for 
said  obligations  of  the  government  of  the  United  States. 

Section  3.  If  Traffic  Tunnel  Retirement  Bonds,  City  of 
Boston,  Act  of  1945,  are  issued  under  this  act  the  city  shall 
call,  retire  and  cancel,  at  the  earliest  date  permitted,  said 
Traffic  Tunnel  Bonds,  City  of  Boston,  Act  of  1929,  TraflSc 
Tunnel  Bonds,  City  of  Boston,  Act  of  1929,  Series  B  and 
Traffic  Tunnel  Bonds,  City  of  Boston,  Act  of  1929,  Series  C, 
in  accordance  with  their  terms,  by  payment  by  the  city  of 
the  amount  of  the  face  of  said  bonds  with  any  accumulated 
unpaid  interest.  For  the  pflrpose  of  meeting  the  payment 
of  said  bonds,  as  they  are  called,  retired  and  cancelled  as 
required  by  this  section,  the  board  of  commissioners  of  sink- 
ing funds  are  hereby  authorized  and  directed,  to  the  extent 
necessary,  to  make  payments  to  the  treasurer  of  the  city  on 
account  of  the  same  from  the  primary  sinking  fund,  the 
first  supplemental  sinking  fund  and  the  second  supplemental 
sinking  fund;  provided,  that  payments  from  the  primary 
sinking  fund  shall  be  used  only  to  meet  payments  of  ^rraffic 
'i'unnel  Bonds,  City  of  Boston,  Act  of  1929,  that  payments 
from  the  first  supplemental  sinking  fund  shall  be  used  only 


Acts,  1945.  —  Chap.  361.  313 

to  meet  payments  of  Traffic  Tunnel  Bonds,  City  of  Boston, 
Series  B  and  that  payments  from  the  second  supplemental 
sinking  fund  shall  he  used  onh'  to  meet  pa,yments  of  Traffic 
Tunnel  Bonds,  City  of  Boston,  Act  of  1929,  Series  C.  Any 
excess  in  the  primary  sinking  fund,  the  first  supplemental 
sinking  fund  or  the  second  supplemental  sinking  fund  in 
excess  of  the  amounts  required  to  retire  the  Traffic  Tunnel 
Bonds,  City  of  Boston,  Act  of  1929,  the  Traffic  Tunnel 
Bonds,  City  of  Boston,  Act  of  1929,  Series  B,  and  the  Traffic 
Tunnel  Bonds,  City  of  Boston,  Act  of  1929,  Series  C,  shall 
be  held  by  the  board  of  commissioners  of  sinking  funds  as 
a  part  of  the  third  supplemental  sinking  fund  established 
under  section  eight  of  said  chapter  two  hundred  and  ninety- 
seven  of  the  acts  of  nineteen  hundred  and  twenty-nine,  as 
amended  by  section  four  of  this  act,  to  be  used  only  to  meet 
the  payment  of  interest  and  principal  of  the  Traffic  Tunnel 
Retirement  Bonds,  City  of  Boston,  Act  of  1945,  issued 
under  authority  of  this  act. 

Section  4.  Said  chapter  two  hundred  and  ninety-seven 
of  the  acts  of  nineteen  hundred  and  twenty-nine  is  hereby 
amended  by  striking  out  section  eight,  as  most  recently 
amended  by  section  one  of  chapter  four  hundred  and  fifty- 
five  of  the  acts  of  nineteen  hundred  and  thirty-five,  and  in- 
serting in  place  thereof  the  following  section  :^ — Section  8. 
For  the  purpose  of  meeting  the  cost  of  the  tunnel,  which 
shall  include  all  expenses  incurred  in  laying  out  and  con- 
structing the  same  and  all  facilities  and  appurtenances  in- 
cidental thereto,  including  plazas,  street  approaches,  and 
additional  street  and  traffic  improvements,  all  as  described 
in  section  one,  and  all  land  damages,  expenses  of  the  depart- 
ment, such  proportion  of  the  salaries  of  the  department  as 
may  in  its  opinion  be  properly  chargeable  thereto  and  all 
interest  accruing  prior  to  the  use  of  the  tunnel  on  debt 
incurred  for  the  foregoing,  the  treasurer  of  the  city  shall, 
from  time  to  time,  on  request  of  the  department,  with  the 
approval  of  the  mayor  of  the  city,  and  without  any  other 
authority  than  that  contained  in  this  act,  issue  and  sell  at 
public  or  private  sale  the  bonds  of  the  city,  registei-ed  or 
with  interest  coupons  attached,  as  he  may  deem  best,  to  an 
amount  not  exceeding  nineteen  million,  six  hundred  thou- 
sand dollars.  Such  bonds  shall  be  designated  on  their  face, 
Traffic  Tunnel  Bonds,  City  of  Boston,  Act  of  1929,  sixteen 
million  dollars  of  which  shall  be  for  such  terms,  not  exceed- 
ing fifty  3^ears,  and  three  million  dollars  of  which  shall  be 
for  such  terms,  not  exceeding  thirty  years,  and  six  hundred 
thousand  dollars  of  which  shall  be  for  such  terms,  not  ex- 
ceeding thirty  years,  as  in  each  case  the  mayor  and  the 
treasurer  of  the  city  may  determine,  and  shall  bear  such 
interest,  paj^able  semi-annually,  as  the  mayor  and  the 
treasurer  of  the  city  may  determine.  Such  bonds  may  be 
called,  retired  and  cancelled  by  the  city  on  any  date  upon 
which  interest  is  paj'-able  on  said  bonds  after  twenty  years 
from  their  respective  dates,  by  payment  by  the  city  of  the 


314  Acts,  1945.  —  Chap.  361. 

H,moun<,  of  the  face  of  said  bonds  witli  any  accumulated 
unpaid  interest,  and  the  bonds  shall  contain  a  statement  to 
such  effect.  The  proceeds  of  such  bonds  shall  be  used  only 
to  meet  the  cost  of  the  tunnel  as  hereinbefore  defined.  The 
said  three  million  dollars  of  bonds  shall  also  be  designated 
on  their  face,  Series  B.  The  said  six  hundred  thousand  dol- 
lars of  bonds  shall  also  be  designated  on  their  face,  Series  C. 
Tlie  debt  incurred  from  time  to  time  under  the  provisions  of 
this  act  shall  not  be  included  in  determining  the  limit  of 
indebtedness  of  the  city  as  established  by  law.  The  board 
of  sinking  fund  commissioners  of  the  city  shall  establish  a 
primary  sinking  fund  for  the  payment  of  the  said  sixteen 
million  dollars  of  bonds,  a  first  supplemental  sinking  fund 
for  the  payment  of  the  principal  and  interest  of  the  said 
three  million  dollars  of  bonds,  a  second  supplemental  sink- 
ing fund  for  the  payment  of  the  principal  and  interest  of  the 
said  six  hundred  thousand  dollars  of  bonds,  and  a  third 
supplemental  sinking  fund  for  the  payment  of  the  principal 
and  interest  of  Traffic  Tunnel  Retirement  Bonds,  City  of 
Boston,  Act  of  1945.  There  shall  annually  be  paid  into 
such  primary  sinking  fund  from  tolls  and  charges  or  other- 
wise as  hereinafter  provided  such  sum  at  least  as  is  necessary 
to  provide  for  the  payment  of  the  said  sixteen  million  dol- 
lars of  bonds  at  the  expiration  of  twenty  years  from  their 
respective  dates,  and  from  the  remainder  of  tolls  and  charges 
available  there  shall  annually  be  paid  into  such  first  supple- 
mental sinking  fund  such  sum  at  least  as  is  necessary  to 
provide  for  the  payment  of  the  interest  on  th§  said  three 
million  dollars  of  bonds  as  it  becomes  due  and  tlie  principal 
of  such  bonds  at  the  expiration  of  twenty  years  from  their 
respective  dates,  and  from  any  such  tolls  and  charges  then 
remaining  there  shall  annually  be  paid  into  such  second 
supplemental  sinking  fund  such  sum  at  least  as  is  necessary 
to  provide  for  the  payment  of  the  interest  on  the  said  six 
hundred  thousand  dollars  of  bonds  as  it  becomes  due  and 
the  principal  of  such  bonds  at  the  expiration  of  twenty 
years  from  their  respective  dates,  and  from  any  such  tolls 
and  charges  then  remaining  there  shall  annually  be  paid 
into  such  third  supplemental  sinking  fund  such  sum  as  is 
necessary  to  provide  for  the  payment  of  interest  and  serial 
maturities  of  Traffic  Tunnel  Retirement  Bonds,  City  of 
Boston,  Act  of  1945;  provided,  that  the  first  payment  into 
any  of  said  funds  shall  not  be  made  prior  to  the  expiration 
of  one  year  after  the  entire  tunnel  is  in  operation.  Upon 
and  after  the  completion  of  the  tunnel  as  aforesaid  there 
shall  also  be  paid  into  said  primary  sinking  fund  the  proceeds 
received  from  any  sales  or  leases  under  section  four  and,  the 
balance  of  the  proceeds  of  any  bonds  issued  hereunder 
previous  to  the  effective  date  of  chapter  two  hundred  and 
eighty-seven  of  the  acts  of  nineteen  hundred  and  thirty-two 
and  not  then  any  longer  required  for  construction  purposes. 
All  tolls,  rents,  percentages,  compensation  and  other 
charges  received  for  any  use  of  the  tunnel  shall  be  used  by 


Acts,  1945.  —  Chap.  361.  315 

the  treasurer  of  the  city  only  to  meet  the  operating  costs  as 
defined  in  section  nine. 

Section  5.  Said  chapter  two  hundred  and  ninety-seven 
of  the  acts  of  nineteen  hundred  and  twenty-nine  is  hereby 
further  amended  by  striking  out  section  nine,  as  most  re- 
centl}^  amended  by  section  two  of  said  chapter  four  hundred 
and  fifty-five  of  the  acts  of  nineteen  hundred  and  thirty- 
five,  and  inserting  in  place  thereof  the  following  section :  — 
Section  9.  Upon  the  completion  of  the  tunnel,  the  public 
works  department  of  the  city  shall  operate  the  same  as  a 
toll  tunnel,  and  shall  from  time  to  time  establish  a  schedule 
of  tolls  and  charges  for  the  use  of  the  same,  which,  in  the 
opinion  of  said  public  works  department,  subject  to  the 
approval  of  the  department  of  public  utiHties,  will  pay  all 
operating  costs,  which  term  wherever  used  in  this  act  shall 
include  charges  for  adequate  maintenance  and  upkeep, 
operating  expenses  including  therein  proper  policing,  fight- 
ing and  ventilating,  interest  on  all  bonds  or  notes  issued 
under  authority  hereof,  and  such  annual  amounts  as  are 
necessary  to  provide  a  primary  sinking  fund  for  the  payment 
of  the  principal  of  the  said  sixteen  million  dollars  of  bonds 
upon  the  expiration  of  such  period  of  time,  not  less  than 
twenty  nor  more  than  fifty  years  after  their  respective  dates, 
a  first  supplemental  sinking  fund  for  the  payment  of  the  said 
three  million  dollars  of  bonds  upon  the  expiration  of  such 
period  of  time,  not  less  than  twenty  nor  more  than  thirty 
years  after  their  respective  dates,  a  second  supplemental 
sinking  fund  for  the  payment  of  the  said  six  hundred  thou- 
sand dollars  of  bonds  upon  the  expiration  of  such  period  of 
time,  not  less  than  twent}^  j^ears  nor  more  than  thirty  years 
after  their  respective  dates,  and  such  annual  amounts  as  are 
necessary  to  provide  for  the  interest  and  serial  maturities  of 
the  Traffic  Tunnel  Retirement  Bonds,  City  of  Boston,  Act 
of  1945,  as  in  each  case  said  public  works  department,  with 
the  approval  of  the  department  of  public  utilities,  shall  from 
time  to  time  determine.  If  in  any  year  such  schedule  of 
tolls  and  charges  should  prove  to  be  insufficient,  said  pubhc 
works  department  shall  establish  such  tolls  and  charges  as 
will  provide  sufficient  revenue  to  meet  any  deficit;  provided, 
that  if  in  the  opinion  of  said  public  works  department  such 
new  schedule  of  rates  and  charges  would  not  result  in  an 
increase  in  revenue,  then  it  may  establish  such  new  schedule 
of  tolls  and  charges  as  it  deems  will  produce  the  maximum 
revenue  and  any  deficits  resulting  therefrom  sliall  be  met  as 
provided  in  section  eleven.  All  schedules  of  tolls  and  charges 
established  under  this  section  or  under  section  twelve  shall 
be  subject  to  the  approval  of  the  department  of  public 
utiUties.  Said  pubUc  works  department  shall  collect  such 
tolls  and  charges  from  the  driver  of  each  vehicle  using  said 
tunnel,  and  shall  daily  pay  the  same  over  to  the  city  col- 
lector of  Boston;  provided,  that  no  toll  or  charge  shall  be 
collected  from  the  drivers  of  vehicles  owned  by  the  city,  or 


316  Acts,  1945. —  Chap.  361. 

by  the  Boston  protective  department  or  from  drivers  of 
ambulances. 

Section  6.  Said  chapter  two  hundred  and  ninety-seven 
of  the  acts  of  nineteen  hundred  and  twenty-nine  is  hereby 
further  amended  by  striking  out  section  eleven,  as  most 
recently  amended  by  section  one  of  chapter  ninety-three  of 
the  acts  of  nineteen  hundred  and  thirty-seven,  and  inserting 
in  place  thereof  the  following  section:  —  Section  11.  If  at 
any  time  during  the  operation  of  said  tunnel  the  receipts 
from  tolls  and  charges  as  established  under  section  nine  or 
under  section  twelve  are  insufficient  to  meet  the  operating 
costs,  the  treasurer  of  the  city  is  hereby  authorized  and  di- 
rected to  make  payments  on  account  of  the  same  from  any 
funds  in  the  treasury  of  the  city,  including  temporary  tax 
loan  funds  but  excluding  trust  funds.  If  for  any  year  ending 
on  the  last  day  of  December  the  operating  costs  exceed  the 
receipts  from  such  tolls  and  charges,  the  said  treasurer  shall 
notify  the  assessors  of  the  city  of  the  amount  of  such  excess 
and  the  same  amount  shall  be  added  to  the  amount  to  be 
raised  by  the  city  in  the  next  annual  tax  levy,  kny  such 
amount  shall  be  in  excess  of  the  limit  imposed  by  law  on  the 
amount  to  be  raised  for  municipal  purposes  by  taxation  in 
said  city. 

Section  7.     Said  chapter  two  hundred  and  ninety-seven 
of  the  acts  of  nineteen  hundred  and  twenty-nine  is  hereby 
further  amended  by  striking  out  section  twelve,  as  most 
recently  amended  by  section  two  of  said  chapter  ninety- 
three  of  the  acts  of  nineteen  hundred  and  thirty-seven,  and 
inserting  in  place  thereof  the  following  section :  —  Section 
12.     Whenever  on  the  last  day  of  December  in  any  year 
the  receipts  from  tolls  and  charges  as  established  under 
section  nine  or  under  this  section  exceed  the  operating  costs 
such  excess  shall  be  paid  to  the  board  of  commissioners  of 
sinking  funds  to  be  held  by  them  as  a  part  of  the  third  sup- 
plemental sinking  fund  hereinbefore  estabhshed,  to  the  ex- 
tent necessary  to  provide  for  the  payment  of  Traffic  Tunnel 
Retirement  Bonds,   City  of  Boston,   Act  of   1945,   at  the 
expiration  of  twenty  years  after  their  respective  dates.     If 
any  such  excess  remains  after  such  provision  has  been  made 
in  any  year  with  respect  to  the  said  bonds,  such  remainder 
shall  be  transferred  to  the  general  funds  of  the  city  so  far  as 
necessary  to  reimburse  it  for  any  amounts  raised  by  taxation 
under  this  act,  or  on  account  of  interest  and  serial  maturi- 
ties of  Traffic  Tunnel  Retirement  Bonds,  City  of  Boston, 
Act  of  1945.     If  any  such  excess  shall  occur  after  the  city 
shall  have  been  reimbursed  in  full  for  all  amounts  so  raised 
by  taxation,  the  public  works  department  shall,  subject  to 
the  provisions  of  section  nine,  establish  a  reduced  schedule 
of  tolls  and  charges,  sufficient,  however,  to  meet  the  oper- 
ating costs. 

Section  8.  The  treasurer  of  the  city  with  the  approval 
of  the  mayor  shall  arrange  the  serial  maturities  of  the 
Traffic  Tunnel  Retirement  Bonds,  City  of  Boston,  Act  of 


Acts,  1945.  —  Chap.  362.  317 

1945,  authorized  to  ho  issued  under  this  act.  'I'lie  first  of 
such  annual  payments  shall  be  made  not  later  than  six  years 
after  the  date  of  the  bonds  issued  hereunder.  In  arranging 
said  maturities  the  treasurer  shall  take  into  account  the 
annual  interest  requirements  of  Traffic  Tunnel  Bonds,  City 
of  Boston,  Act  of  1929,  Traffic  Tunnel  Bonds,  City  of  Bos- 
ton, Act  of  1929,  Series  B,  Traffic  Tunnel  Bonds,  Cit}^  of 
Boston,  Act  of  1929,  Series  C,  and  the  interest  and  serial 
maturities  of  Traffic  Tunnel  Retirement  Bonds,  Cit}^  of 
Boston,  Act  of  1945,  less  the  payments  to  be  made  by  the 
board  of  commissioners  of  sinking  funds  under  section  two 
of  this  act,  and  shall  so  arrange  said  maturities  that  the 
total  annual  payment  in  any  one  year  on  account  of  all  such 
requirements  shall  not  be  greater  by  more  than  ten  thousand 
dollars  than  am^  such  payment  in  any  preceding  year.  The 
determination  of  the  mayor  and  the  treasurer  that  the  ma- 
turities comply  with  the  requirements  of  this  act  shall  be 
conclusive  evidence  of  such  comphance.  Except  as  other- 
wise provided  in  this  act  indebtedness  incurred  hereunder 
shall  be  subject  to  chapter  fort3'-four  of  the  General  Laws. 

Section  9.  In  case  it  shall  be  determined  that  any 
provision  of  this  act  cannot  be  carried  out  without  impair- 
ing rights  secured  by  the  constitution  of  the  United  States, 
then  it  shall  be  carried  out  to  the  extent  possible  without 
such  impairment.  If  any  provision  of  this  act  shall  be  in- 
valid, such  invalidit}^  shall  not  affect  any  other  provisions 
of  this  act  or  the  validity  of  any  bonds  authorized  by  any 
other  provision  of  this  act. 

Section  10.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance on  or  before  July  first  of  the  current  year  by  vote 
of  the  city  council  of  the  city  of  Boston,  subject  to  the 
provisions  of  its  charter,  but  not  otherwise. 

Approved  May  29,  1945. 


An  Act  entitling  a  person  substituting  for  a  clerk,  Chap.SQ2 

ASSISTANT  clerk  OR  PROBATION  OFFICER  OF  A  DISTRICT 
COURT  TO  THE  SAME  PERIODS  OF  ABSENCE  WITHOUT  LOSS 
OF  PAY  AS  ARE  PROVIDED  BY  LAW  IN  THE  CASE  OF  THE 
PERSON    IN    WHOSE    PLACE    HE    SERVES. 

Whereas,  The  deferred  operation  of  this  act  would  tend  p^ambi"^^ 
to  defeat  its  purpose,  w^hich  in  part  is  to  provide,  during  the 
coming  summer,  for  persons  substituting  for  clerks  and  other 
officers  referred  to  therein,  a  period  or  periods  of  absence 
without  loss  of  pay,  therefore  this  act  is  hereby  declared  to 
be  an  emergency  law,  necessary  for  the  immediate  preserva- 
tion of  the  public  convenience. 

Be  it  enacted,  etc.,  as  folloivs: 

Chapter  seven  hundred  and  eight  of  the  acts  of  nineteen 
hundred  and  forty-one  is  hereby  amended  by  adding  after 
section  twenty-six,  added  by  section  eight  of  chapter  five 
hundred  and  forty-eight  of  the  acts  of  nineteen  hundred  and 


318  Acts,  1945.  —  Chap.  363. 

forty-Miree,  the  following  section:  —  Section  27.  Any  per- 
son appointed  under  section  nine  or  eleven  of  chapter  two 
hundred  and  eighteen  of  the  General  Laws  or  section  eighty- 
nine  of  chapter  two  hundred  and  seventy-six  of  the  General 
Laws  to  serve  in  place  of  any  clerk,  assistant  clerk  or  proba- 
tion officer  of  a  district  court,  who  is  on  leave  of  absence 
within  the  meaning  of  section  one  of  this  act,  shall  be  en- 
titled, while  so  serving,  to  the  same  periods  of  absence  with- 
out loss  of  pay  as  are  provided  by  law  in  the  case  of  the 
person  in  whose  place  he  serves. 

Approved  May  31,  1945. 


Chap.SQS  An  Act  relative  to  the  appointment  of  election  offi- 
cers  IN   TOWNS   HAVING    PRECINCTS. 

Be  it  enacted,  etc.,  as  follows: 

EdV' ^A^'iv^  Chapter  fifty-four  of  the  General  Laws  is  hereby  amended 
etc!, 'ampruiea.  by  Striking  out  section  twelve,  as  amended  by  section  two 
of  chapter  one  hundred  and  fifty-eight  of  the  acts  of  nine- 
teen hundred  and  thirty-four,  and  inserting  in  place  thereof 
Election  officers  the  following  scctlon :  —  Section  12.  The  selectmen  of  every 
dividedlnto  town  divided  into  voting  precincts  shall  annually,  not 
preo?ncts.  carHer  than  July  fifteenth  nor  later  than  August  fifteenth, 

appoint  as  election  officers  for  each  voting  precinct,  one 
warden,  one  deputy  warden,  one  clerk,  one  deputy  clerk, 
two  inspectors  and  two  deputy  inspectors,  who  shall  be 
enrolled  voters  of  the  town.  They  may,  in  like  manner, 
appoint  two  inspectors  and  two  deputy  inspectors  in  addi- 
tion. 

The  chairman  of  the  town  committee  of  each  pofitical 
party  may,  not  later  than  June  first  in  each  year,  file  with 
the  selectmen  a  list  of  enrolled  members  of  such  party  who 
desire  appointment  as  election  officers.  The  lists  submitted 
by  town  committees  shall  contain  not  more  than  eight 
names  for  each  office  to  be  filled.  Supplemental  lists  may  be 
filed  by  the  said  chairman  at  any  time  before  the  appoint- 
ments are  made,  for  the  purpose  of  filling  vacancies  which 
may  occur  in  the  original  lists.  No  person  shall  be  appointed 
as  an  election  officer  until  he  is  found  qualified  to  act  as 
such  as  herein  provided.  Appointments  shall  be  made  from 
the  original  list  before  any  names  are  taken  from  any  supple- 
mental list. 

If,  upon  the  expiration  of  fifteen  days  after  notice  given 
in  writing  prior  to  June  fifteenth  in  any  year  by  the  select- 
men to  the  chairman  of  any  political  committee  who  has 
not  filed  original  or  supplemental  lists,  the  selectmen  may 
appoint  as  election  officers  enrolled  members  of  the  party 
who,  in  the  opinion  of  the  selectmen,  are  qualified  to  act  as 
such. 

The  selectmen  may,  if  they  deem  it  necessary,  conduct 
examinations  of  persons  whose  names  appear  on  the  lists 
filed  hereunder.     Five  days'  notice  shall  be  given  of  any 


Acts,  1945.  —  Chaps.  364,  365.  319 

such  examination.  1'he  chairman  of  each  town  committee 
may  appear  and  be  heard  either  in  person  or  b}'  counsel, 
during  the  conduct  of  such  examinations. 

Approved  May  31,  1945. 

An  Act  to  clarify  and  equitably  adjust  the  provi-  ('Jku)  3(54 
signs  for  a  saturday  half  holiday  for  laborers  in       ^  "' 
the  city  of  worcester. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  ninety-one  of  the  acts  of  nineteen 
hundred  and  thirty  is  hereby  repealed. 

Section  2.     Any  employee  of  the  city  of  Worcester  on 
the  effective  date  of  this  act  to  whom  the  provisions  of  said 
chapter  ninety-one  applied  immediately  prior  to  its  repeal 
shall  have  his  wages  adjusted  to  provide  for  payment  in  _ 
lieu  of  the  half-holiday  provided  for  by  said  chapter  ninety-  ' 
one.  Approved  May  31,  1945. 


An  Act  pertaining  to  the  payment  of  unclaimed  de-  (^fiQ,,  3(^5 
POSITS  in  savings  banks  and  trust  companies  to  the  ' 

STATE   treasurer. 

Be  it  enacted,  etc.,  as  follows. • 

Chapter  one  hundred  and  sixty-eight  of  the  General  Laws  g.  l.  (Ter. 
is  hereby  amended  by  striking  out  section  forty-two,   as  amended.'  ^  *'' 
appearing  in  the  Tercentenary  Edition,  and  inserting  in  place 
thereof  the  following  section :  —  Section  4^-     The  probate  unclaimed 
court,  upon  the  application  of  the  attorney  general  and  after  pafd^lo^tate* 
public  notice,  shall  order  and  decree  that  all  amounts  of  treasurer. 
money  deposited  with  any  such  bank  in  excess  of  three 
dollars  which  shall  have  remained  unclaimed  for  more  than 
thirty  years  and  which  are  credited  to  depositors  who  can- 
not be  found  and  who  have  not  made  a  deposit  on  account 
of  the  same  and  have  not  withdrawn  any  part  of  the  princi- 
pal or  interest  thereof,  and  on  whose  pass  book  the  interest 
has  not  been  added  for  a  period  of  thirty  years,  and  for 
which  no  claimant  is  known,  shall,  with  the  increase  and 
proceeds  thereof,  be  paid  to  the  state  treasurer  to  be  held 
subject  to  be  paid  to  the  person  establishing  a  lawful  right 
thereto,  in  accordance  with  section  fort)'"-three,  with  interest 
at  the  rate  of  three  per  cent  per  annum  from  the  time  when 
it  was  so  paid  to  said  treasurer  to  the  time  Avhen  it  is  paid 
by  him  to  such  person. 

The  probate  court,  upon  the  application  of  the  attor- 
ney general,  shall  order  and  decree  that  all  amounts  of 
money  deposited  with  any  such  bank  amounting  to  three 
dollars  or  less  which  shall  have  remained  unclaimed  for 
more  than  thirty  years  and  which  are  credited  to  depositors 
who  cannot  be  found  and  who  have  not  made  a  deposit  on 
account  of  same  and  have  not  withdrawn  any  part  of  the 
principal  or  interest  thereof,  and  on  whose  pass  book  the 


320  Acts,  1945.  —  Chap.  366. 

interest  has  not  been  added  for  a  period  of  thirty  years,  and 
for  which  no  claimant  is  known,  shall  be  paid  to  the  state 
treasurer  to  be  held  subject  to  be  paid  to  the  person  estab- 
lishing a  lawful  right  thereto,  in  accordance  with  said  sec- 
tion fortj^-three. 

After  six  years  from  the  date  when  such  proceeds  were 
paid  to  said  treasurer  the  same  may  be  used  as  a  part  of  the 
ordinary  revenue  of  the  commonwealth.  Any  person  may, 
however,  establish  his  claim  at  any  time  after  the  expiration 
of  the  six  years  above  mentioned,  and  any  claim  so  estab- 
lished shall  be  paid  from  the  ordinary  revenue  of  the  com- 
monwealth. Approved  May  31,  1945. 


Chap.SQG  An  Act  empowering  the  commissioner  of  veterans  aid 

AND    pensions    TO    AUTHORIZE    THE    PAYMENT   AS    WAR    AL- 
•       LOWANCES   of   HOSPITAL   AND    MEDICAL   BILLS    OF    DEPEND- 
ENTS OF  SERVICEMEN  IN   CASES  WHERE  SUCH  DEPENDENTS 
HAVE    DIED. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  of  chapter  eleven  of  the  acts  of  nineteen  hun- 
dred and  forty-two,  as  amended  by  section  one  of  chapter 
two  hundred  and  eleven  of  the  acts  of  nineteen  hundred  and 
forty-three,  is  hereby  further  amended  by  inserting  after  the 
word  "commonwealth"  in  the  thirtieth  line  the  following 
sentence :  —  The  commissioner  of  veterans  aid  and  pensions 
may  authorize  the  payment  of  medical  and  hospital  bills 
that  have  accrued  during  the  illness  of  any  dependent  rela- 
tive of  such  a  soldier  or  sailor  in  case  such  dependent  dies 
while  the  soldier  or  sailor  is  in  said  service,  —  so  as  to  read 
as  follows :  —  Section  1 .  Any  city  or  town,  acting  by  the 
officers  authorized  by  law  to  furnish  state  and  military  aid, 
may,  during  the  continuance  of  the  existing  state  of  war  be- 
tween the  United  States  and  any  foreign  country  and  for 
six  months  thereafter,  provide  a  war  allowance  for  the  de- 
pendent relatives  of  any  soldier  or  sailor,  which  terms,  for 
the  purposes  of  this  act,  are  hereby  defined  as  in  section  one 
of  chapter  one  hundred  and  fifteen  of  the  General  Laws,  in 
the  military  or  naval  service  of  the  United  States  during 
said  state  of  war  which,  for  the  purposes  of  this  act,  shall 
be  deemed  to  have  begun  on  September  sixteenth,  nineteen 
hundred  and  forty;  provided,  that  on  said  September  six- 
teenth or,  if  after  said  date  said  soldier  or  sailor  entered  said 
service  or  was  recalled  thereto  or  was  continued  therein  after 
the  expiration  of  a  prior  enlistment,  at  the  time  of  his  entry 
into  or  recall  to  or  continuance  in  said  service  to  the  credit 
of  the  commonwealth,  said  soldier  or  sailor  was  a  resident 
of  this  commonwealth  and  had  been  a  resident  thereof  for 
not  less  than  one  year.  The  dependent  relatives  of  such  a 
soldier  or  sailor  who  are  eligible  to  receive  such  aid  shall  be 
the  wife,  children  under  eighteen  years  of  age,  or  any  child 
dependent  by  reason  of  physical  or  mental  incapacity,  or  a 


Acts,  1945.  —  Chap.  367.  321 

brother  or  sister  under  eighteen  years  of  age,  or  a  dependent 
parent,  or  any  person  who  stood  in  the  relationship  of  a 
parent  to  such  soldier  or  sailor  for  five  years  prior  to  said 
September  sixteenth  or,  if  after  said  date  said  soldier  or 
sailor  entered  said  service  or  was  recalled  thereto  or  was 
continued  therein  after  the  expiration  of  a  prior  enlistment, 
for  five  years  prior  to  his  entry  into,  recall  to  or  continu- 
ance in  said  service  to  the  credit  of  the  commonwealth.  The 
commissioner  of  veterans  aid  and  pensions  may  authorize 
the  payment  of  medical  and  hospital  bills  that  have  accrued 
during  the  illness  of  any  dependent  relative  of  such  a  soldier 
or  sailor  in  case  such  dependent  dies  while  the  soldier  or 
sailor  is  in  said  service.  The  allowance  authorized  by  this 
section  shall  cease  on  the  termination  of  the  service  by  death 
or  discharge.  Ajpiproved  May  31,  194-5. 


An  Act  relative  to  payments  in  lieu  of  taxes  on  prop-  Chav.S67 

ERTY   HELD   BY   A   MUNICIPALITY   OR   DISTRICT   IN   ANOTHER 
MUNICIPALITY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  seven  of  chapter  fifty-nine  of  the  g.  l.  (Ter. 
General  Laws,  as  most  recently  amended  by  section  twenty-  ftc.!'amendld. 
one  of  chapter  four  hundred  and  fifty-one  of  the  acts  of 
nineteen  hundred  and  thirty-nine,  is  hereby  further  amended 
by  striking  out,  in  the  twenty-second  line,  as  appearing  in 
the  Tercentenary  Edition,  the  words  "the  preceding  sec- 
tion" and  inserting  in  place  thereof  the  words:  —  section 
six,  —  and  by  adding  at  the  end  the  following: : —  ,  but  shall 
apply  only  to  property  acquired  by  a  city,  town  or  district, 
including  the  metropolitan  water  district,  prior  to  January 
first,  nineteen  hundred  and  forty-six. 

Section  2.     Said    chapter    fifty-nine    is    hereby    further  g.  l.  (Ter. 
amended    by   inserting   after   section   seven   the   following  fyi;  iddcd.' 
section:  —  Section  7 A.     Land  acquired  on  or  after  January  valuation  of 
first,  nineteen  hundred  and  forty-six,  by  a  municipality  or  j^'^^jfifgl^^^J^g^ 
a  district,  including  the  metropolitan  water  district,  and  January  i, 
held  on  January  first  in  any  year  for  any  public  purpose  by  ^^^^' 
such  municipality,  in  this  section  referred  to  as  the  holding 
municipality,  or  by  such  district,  if  such  land  hes  in  a  mu- 
nicipality other  than  such  holding  municipality,  or,  in  the 
case  of  land  so  acquired  and  held  by  a  district,  in  a  munici- 
pality other  than  the  municipality  or  municipalities  in  which 
the  district  lies  or  which  constitute  the  district,  shall,  with 
all  buildings  and  other  things  erected  thereon  or  affixed 
thereto,  be  exempt  from  taxation  in  such  year  except  as 
hereinafter  otherwise  provided;    but  such  holding  munici- 
pality or  district  shall,  on  July  first  of  such  year,  pay  to  the 
municipality  where  such  land  lies  the  amount  which  would 
be  assessable  in  such  year  upon  a  valuation  equal  to  the 
average  of  the  assessed  valuations  of  the  land  and  all  build- 
ings and  other  things  erected  thereon  or  affixed  thereto  on 


322 


Acts,  1945. —  Chap.  367. 


G.  L.  (Ter. 
Fxl.).  58A,  §  6, 
rtr.,  amended. 


.hiristlicUon 
of  board  to 
decide  appeals. 


the  three  assessment  dates  next  preceding  the  acquisition  of 
the  land,  the  assessed  valuation  for  each  assessment  date 
being  reduced  by  all  abatements,  if  any.  If  land  subject  to 
this  section  was  not  separately  assessed  or  was  exempt  from 
taxation  on  any  of  said  assessment  dates,  the  fair  cash  value 
of  the  land  and  all  buildings  and  other  things  erected  thereon 
or  affixed  thereto  on  such  assessment  date  shall  for  the  pur- 
poses of  this  section  be  deemed  to  be  the  assessed  valuation 
thereof  on  such  date. 

The  assessors  of  the  municipality  where  land  subject  to 
this  section  lies  shall  determine  the  average  valuation  in 
accordance  with  this  section  and  certify  such  valuation  to 
the  holding  municipality  or  district  liable  under  this  section. 
Such  holding  municipality  or  district,  if  aggrieved  by  such 
determination,  may  within  three  months  after  such  certifi- 
cation appeal  to  the  appellate  tax  board,  which  shall  de- 
termine the  average  valuation  in  accordance  with  this 
section. 

If  rent  or  any  revenue  in  the  nature  of  rent  is  received 
from  any  part  of  any  real  estate  subject  to  this  section,  the 
part  yielding  such  rent  or  revenue  shall  be  subject  to  taxa- 
tion. The  tax  shall  be  in  addition  to  the  amount  payable 
under  this  section.  Revenue  received  for  the  use  of  such 
portions  of  a  public  airport  as  are  used  for  the  taking  off  and 
landing  of  airplanes,  including  runways,  taxi  and  transition 
strips,  or  revenue  received  for  the  use  of  buildings  on  a  pub- 
lie  airport,  which  are  actually  and  exclusively  used  for 
servicing  and  repairing  airplanes,  shall  not  be  deemed  to  be 
rent  or  revenue  in  the  nature  of  rent  within  the  meaning  of 
this  paragraph. 

Section  3.  Section  six  of  chapter  fifty-eight  A  of  the 
General  Laws,  as  amended,  is  hereby  further  amended  by 
striking  out  the  first  sentence  and  inserting  in  place  thereof 
the  following  sentence  :^ — The  board  shall  have  jurisdiction 
to  decide  appeals  under  the  provisions  of  section  forty-two  E 
of  chapter  forty;  of  sections  two,  fourteen  and  twenty-five 
of  chapter  fifty-eight;  of  clauses  seventeenth  and  twenty- 
second  of  section  five  of  chapter  fiftj^-nine;  of  sections  seven, 
seven  A,  thirty-nine,  sixty-four,  sixty-five,  sixty-five  B, 
seventy-three  and  eighty-one  of  chapter  fifty-nine;  of  sec- 
tion two  of  chapter  sixty  A ;  of  section  forty-five  of  chapter 
sixty-two;  of  sections  two,  eighteen  A,  twenty-eight,  fifty- 
one,  sixty  and  seventy-one  of  chapter  sixty-three;  of  section 
six  of  chapter  sixty-four;  of  sections  five  and  ten  of  chapter 
sixty-four  A;  of  sections  twenty-five  and  twenty-six  of 
chapter  sixty-five;  of  section  four  of  chapter  sixty-five  A; 
and  under  any  other  provision  of  law  wherein  such  jurisdic- 
tion is  or  may  be  expressly  conferred. 

Approved  May  SI,  1946. 


Acts,  1945.  —Chaps.  368,  369.  323 


An    Act    providing    for    the    issuance    of    insurance  Chap.S6S 
brokers'  licenses  without  fee  to  blind  persons. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  hundred  and  sixty-seven  A  of  chapter  one  a.  l.  (Tcr. 
hundred  and  seventy-five  of  the   General   Laws,   as  most  f^OTAjetc. 
recently  amended  by  chapter  two  hundred  and  sixty  of  the  anu»miefi. 
acts  of  nineteen  hundred  and  thirty-seven,  is  hereby  further 
amended  by  inserting  after  the  word  "therein"  in  the  eighth 
line  the  words :  —  ,  or  of  or  on  account  of  any  blind  person, 
—  so  as  to  read  as  follows:  —  Section  167 A.    No  fee  for  an  vettrans, 
insurance  broker's  license  issued  under  section  one  hundred  rtc'.'fcxempr'' 
and  sixty-six,  one  hundred  and  sixtv-seven  or  one  hundred  from  paying: 

*'  ccrttiiii  tecs.' 

and  seventy-three  shall  be  required  of  or  on  account  of  any 
soldier,  sailor  or  marine  resident  in  this  commonwealth  who 
has  served  in  the  army  or  navy  of  the  United  States  in  time  of 
war  or  insurrection  and  received  an  honorable  discharge  there- 
from or  release  from  active  duty  therein,  or  of  or  on  account 
of  any  bUnd  person,  if  he  presents  to  the  commissioner  satis- 
factory evidence  of  his  identity,  or  of  or  on  account  of  his 
widow  if  he  held  such  a  license  immediately  prior  to  his 
death.  Approved  May  31,  1945. 


An  Act  relative  to   certain  exceptions  and  exemp-  Chav.SQQ 

TIONS    under    the    WORKMEN'S    COMPENSATION    LAW. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  of  chapter  one  hundred  and  fifty-two  of  the  g.  l.  (Tm. 
General  Laws  is  hereby  amended  by  striking  out  paragraph  ^tc.'!'ameAie<i'. 
(4),  as  most  recently  amended  by  section  three  of  chapter 
five  hundred  and  twenty-nine  of  the  acts  of  nineteen  hun- 
dred  and  forty-three,   and   inserting  in   place  thereof  the 
following  paragraph :  — 

(4)  "Employee",  ever}'  person  in  the  service  of  another  ••Employee" 
under  any  contract  of  hire,  express  or  implied,  oral  or 
written,  excepting  masters  of  and  seamen  on  vessels  engaged 
in  interstate  or  foreign  commerce,  persons  employed  by  an 
employer  engaged  in  interstate  or  foreign  commerce  but 
only  so  far  as  the  laws  of  the  United  States  provide  for 
compensation  or  for  liabihty  for  their  injury  or  death,  and 
a  person  whose  employment  is  not  in  the  usual  course  of  the 
trade,  business,  profession  or  occupation  of  his  emplo^^er, 
but  not  excepting  a  person  conclusively  presumed  to  be  an 
employee  under  section  twenty-six  of  this  chapter. 

The  provisions  of  this  chapter  shall  remain  elective  as 
to  the  emplo3'ers  of  the  following :  —  three  or  less  persons, 
or  persons  employed  a,s  domestic  servants  and  farm  laborers, 
persons  employed  by  telephone  companies  subject  to  the 
federal  communications  act,  and  persons  other  than  laborers, 
workmen  and  mechanics  employed  by  religious,  charitable 
or  educational  institutions. 

Anj'^  reference  to  an  employee  who  has  been  injured  shall, 


324  Acts,  1945.  —  Chap.  370. 

when  the  employee  is  dead,  also  include  his  legal  representa- 
tives, dependents  and  other  persons  to  whom  compensation 
may  be  payable.  Approved  May  SI,  1945. 

The  Commonwealth  of  Massachusetts, 
ExECFTivE  Department,  State  House, 

Boston.  May  31,   1945. 

lloiiorahlc    J''h]%i)iokic  W.   Cook,  Secretary  of  the  Commonwealth, 
State  House,  Boston 

Sir:  —  I,  Maurice  J.  Tobin,  by  virtue  of  and  in  accordance 
with  the  provisions  of  the  Forty-eighth  Amendment  to  the 
Constitution,  "The  Referendum  II,  Emergency  Measures", 
do  declare  that  in  my  opinion,  the  immediate  preservation 
of  the  public  peace,  health,  safety  or  convenience  requires 
that  the  law  passed  on  the  31st  day  of  May  in  the  year 
nineteen  hundred  and  forty-five  entitled,  "An  Act  relative 
to  Certain  Exceptions  and  Exemptions  under  the  Work- 
men's Compensation  Law"  should  take  effect  forthwith 
and  that  it  is  an  emergency  laiv  and  that  the  facts  consti- 
tuting the  emergency  are  as  follows : 

The  law,  in  part,  extends  the  provisions  of  the  workmen's 
compensation  law  to  certain  persons  who  were  formerly 
protected  thereby,  and  the  deferred  operation  of  the  law- 
would  unnecessarily  deprive  such  persons  of  immediate 
protection  thereunder. 

Very  truly  yours, 

Maurice  J.  Tobin, 
Governor  of  the  Commonwealth. 

Office  of  the  Secretary,  Boston,  June  1,  1945. 

I  hereby  certify  that  the  accompanying  statement  was 
filed  in  this  office  by  His  Excellency  the  Governor  of  the 
Commonwealth  of  Massachusetts  at  twelve  o'clock  and 
fifteen  minutes,  p.m.,  on  the  above  date,  and  in  accordance 
with  Article  Forty-eight  of  the  Amendments  to  the  Consti- 
tution said  chapter  takes  effect  forthwith,  being  chapter 
three  hundred  and  sixty-nine  of  the  acts  of  nineteen  hundred 
and  forty-five. 

F.  W.  Cook, 
Secretary  of  the  Commomrealth. 


Chap.370  An  Act  authorizing  the  city  of  boston  to  pay  cer- 
tain  COMPENSATION   TO   JOHN   A.    CURLEY   OF   BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  promoting  the  public 
good  and  of  discharging  a  moral  obligation,  the  city  of 
Boston  may  pay  to  John  A.  Curley,  a  former  employee  of 
the  Boston  city  hospital  who  is  now  permanently  disabled 
by  reason  of  sickness  contracted  by  him  in  the  performance 
of  his  work  at  said  hospital,  the  amount  or  amounts  to  which 
he  would  have  been  entitled  under  paragraph  (7 A)  of  sec- 


Acts,  1945.  —  Chaps.  371,  372,  373.  325 

tion  one  of  chapter  one  hundred  and  fifty-two  of  the  General 
Laws  if  said  paragraph  had  been  in  effect  at  the  time  he 
contracted  said  illness. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance during  the  current  year  by  vote  of  the  city  council 
of  said  city,  subject  to  the  provisions  of  its  charter,  but  not 
other^jv^ise.  Approved  June  1,  19 46. 


An  Act  authorizing  the  town  of  westborough  to  pay  CJiav.371 

A  certain  sum  of  money  to  GEORGE  M.  BEEDE  OF  SAID 

town. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Westborough  is  hereby  au- 
thorized to  pay,  in  accordance  with  a  vote  of  the  town 
meeting  of  said  town  on  March  nineteenth,  nineteen  hun- 
dred and  forty-five,  to  George  M.  Beede  of  said  town  the 
sum  of  four  hundred  dollars,  to  reimburse  him  for  money 
paid  to  the  town  in  the  leasing  and  purchase  by  him  of  a 
certain  parcel  of  land  to  which  the  town  had  no  title. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  1,  1945. 

An  Act  reviving  national  transit  lines  incorporated.  Chap.372 

Whereas,  The  deferred  operation  of  this  act  would  tend 
to  defeat  its  purpose,  which  is  to  permit  without  delay  the 
resumption  of  activities  by  the  corporation  revived  thereby, 
therefore  it  is  declared  to  be  an  emergency  law,  necessary 
for  the  immediate  preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

National  Transit  Lines  Incorporated,  a  corporation  dis- 
solved by  section  one  of  chapter  one  hundred  and  seventy- 
nine  of  the  acts  of  nineteen  hundred  and  thirty-nine,  is 
hereby  revived  with  the  same  powers,  duties  and  obligations 
as  if  said  chapter  had  not  been  passed;  provided,  that  the 
foregoing  provisions  of  this  act  shall  not  take  effect  until  there 
shall  have  been  paid  in  full  to  the  commissioner  of  corpora- 
tions and  taxation  all  taxes  owed  to  the  commonwealth  by 
said  corporation  prior  to  its  dissolution,  whether  or  not 
subsequently  abated  as  uncollectible,  together  with  interest 
thereon  to  the  date  of  payinent.      Approved  June  1,  1945. 

An  Act  relative  to  the  trial  and  disposition  of  cer-  Chap. S7S 

tain    actions    and    PROCEEDINGS    PENDING    IN    DIFFERENT 
COURTS. 

Be  it  enacted,  etc.,  as  follows: 


Section  1.  Section  two  B  of  chapter  two  hundred  and  ^dV  '^23^'^ 
twenty-three  of  the  General  Laws,  inserted  by  section  one  of  §  2B,  etc'. 
chapter  three  hundred  and  sixty-nine  of  the  acts  of  nineteen  '^'"^°  ^  ' 


326 


Acts,  1945.  —  Chap.  374. 


Trauafer  of 
certain  actiouB 
to  superior 


Effootive  (late. 


hundred  ami  forty-three,  is  hereby  amended  by  striking 
out,  in  the  sixth  and  seventh  Unes,  tlie  words  "petition  filed 
therein  by"  and  inserting  in  place  thereof  the  words:—" mo- 
tion of ,  —  so  as  to  read  as  follows:  —  Section  2B.  When- 
ever cross  actions  between  the  same  parties  or  two  or  more 
actions,  including  for  the  purposes  hereof  other  court  pro- 
ceedings, arising  out  of  or  connected  with  the  same  accident, 
event  or  transaction  are  pending,  one  or  more  in  the  superior 
court  and  also  one  or  more  in  one  or  more  district  courts, 
the  superior  court,  upon  motion  of  any  party  to  any  of  such 
actions,  may  order  that  the  action  or  actions  pending  in  the 
district  court  or  courts,  with  all  the  papers  relating  thereto, 
be  transferred  to  the  superior  court  without  the  payment  of 
any  entry  fee,  or,  with  the  consent  of  all  principal  parties 
to  all  such  actions,  may  order  that  such  actions  be  trans- 
ferred without  the  payment  of  any  entry  fee  to  a  designated 
district  court  in  which  any  of  such  actions  is  pending. 

Section  2.     This  act  shall  take  effect  on  October  first 
in  the  current  year.  Approved  June  1,  1945. 


G.  L.  (Ter. 
Ed.),  lir),  §  21, 
amended. 


Recording  of 
discharge  or 
release  papers 
of  soldiers,  etc. 


Chap.S74i  An  Act  to  provide  for  the  recording  of  discharge  or 

RELEASE     PAPERS    OF    SOLDIERS    AND     SAILORS     BY     LOCAL 
OFFICIALS   IN   CHARGE   OF   VETERANS'    MATTERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  one  hundred  and  fifteen  of  the  Gen- 
eral Laws  is  hereby  amended  by  striking  out  section  twenty- 
four,  as  appearing  in  the  Tercentenary  Edition,  and  insert- 
ing in  place  thereof  the  following  section:  —  Section  24-  The 
discharge  or  release  papers  of  soldiers  and  sailors  who  served 
in  the  armed  forces  of  the  United  States  in  time  of  war  or 
insurrection  and  have  been  honorably  discharged  therefrom, 
or  released  from  active  duty  therein,  shall,  upon  request,  be 
recorded  with  the  official  in  charge  of  veterans'  matters  in 
the  city  or  town  of  the  holder's  residence  in  books  kept  for 
the  purpose.  The  said  official  shall  prepare  and  keep  an 
index  of  the  papers  so  recorded,  and  copies  of  such  papers, 
if  attested  by  him,  shall  be  admitted  as  sufficient  evidence 
thereof  whenever  they  are  otherwise  competent. 

Section  2.  The  clerk  of  each  city  or  town  shall  forth- 
with, following  the  effective  date  of  this  act,  deliver  to  the 
official  in  charge  of  veterans'  matters  in  his  city  or  town  all 
records  and  other  papers  then  in  his  custody  relating  to  dis- 
charges or  releases  of  soldiers  and  sailors. 

Approved  June  1,  1945. 


Transfer  of 
veterans' 
papers  in 
cattody  of 
city  and 
town  clerk.'!. 


Acts,  1945.  — Chap.  375.  327 

An   Act  establishing  the  foller  field  commission   in  Cha.v.?}75 

THE  TOWN  OF  CLINTON,  AND  AUTHORIZING  SAID  TOWN  TO 
ACQUIRE  LAND  IN  ADDITION  TO  SAID  FIELD  AND  TO  IM- 
PROVE, MAINTAIN  AND  CONDUCT  SUCH  FIELD  FOR  PLAY- 
GROUND  AND    RECREATIONAL    PURPOSES. 

lie  it  enacted,  etc.,  as  follows: 

Section  1.  There  is  hereby  estabhshed  in  the  town  of 
Clinton,  hereinafter  referred  to  as  the  town,  a  commission 
to  be  known  as  the  Fuller  Field  Commission,  hereinafter 
referred  to  as  the  commission,  which  shall  consist  of  five 
persons  appointed  by  the  board  of  selectmen  from  among 
the  representative  citizens  of  the  town.  Of  the  five  initial 
appointees,  one  shall  be  so  appointed  for  a  term  of  five 
years,  one  for  a  term  of  four  years,  one  for  a  term  of  three 
years,  one  for  a  term  of  two  years  and  one  for  a  term  of  one 
year,  and  as  their  respective  terms  expire  their  successors 
shall  so  be  appointed  for  terms  of  five  years.  The  members 
of  the  commission  shall  be  sworn  to  the  faithful  performance 
of  their  duties  and  shall  serve  without  salary. 

Section  2.  The  land  now  owned  by  the  town  and  known 
as  Fuller  Field,  together  with  any  buildings  and  structures 
thereon,  shall  continue  to  be  used  as  provided  in  this  act, 
and  the  commission  shall  have  full  and  exclusive  control 
and  direction  thereof,  notwithstanding  any  action  which  the 
town  takes  or  may  have  taken  under  chapter  forty-five  of 
the  General  Laws.  In  addition,  the  town  may  from  time  to 
time  acquire  by  gift,  purchase  or  otherwise,  and  subject  to 
such  conditions  and  restrictions  as  the  commission  shall 
from  time  to  time  approve,  additional  land  which  shall  be 
under  the  control  and  direction  of  the  commission  and 
subject  to  the  provisions  of  this  act. 

The  commission,  in  the  name  and  behalf  of  the  town  and 
for  the  public  use,  may  erect  buildings  and  other  structures 
upon  said  Fuller  Field;  may  enclose  and  keep  enclosed  the 
whole  or  any  part  of  said  land,  buildings  and  structures; 
may  provide  proper  equipment  therefor;  may  employ  and 
discharge  all  necessary  caretakers,  instructors,  teachers  and 
other  employees;  and  may  hold,  manage,  control,  lease 
and  let  such  property  exclusively  for  the  purposes  of  enjoy- 
ment and  encouragement  of  recreation,  play,  sports,  physical 
education  and  athletics,  and  for  such  civic,  patriotic  and 
educational  celebrations,  exhibitions  and  entertainments  as 
the  commission  shall  see  fit  and  for  any  use  necessary  and 
convenient  for  said  purposes  or  any  of  the  same.  Said 
commission  may  make,  and  may  from  time  to  time  alter 
and  amend,  rules  and  regulations  governing  the  use  of  said 
Fuller  Field  and  may  charge  admission  thereto  or  allow 
charges  for  admission  thereto  to  be  made.  No  person  em- 
ployed by  said  commission  shall  be  subject  to  chapter 
thirty-one  of  the  General  Laws  or  the  rules  and  regulations 
made  under  authority  thereof. 

Section  3.     Tlie  town  may  raise  and  appropriate  money 


328  Acts,  1945.  —  Chap.  376. 

U)  the  use  of  the  commission  for  the  following  uses  and 
purposes,  namely :  -  For  the  care  and  maintenance  of  said 
Fuller  Field,  the  acquisition  of  additional  land,  and  the  care 
and  repair  of  buildings  and  structures  thereon ; 

For  the  equipment  and  improvement  of  the  grounds  and 
the  construction  of  buildings,  seating  facilities  and  stands, 
alteration  and  enlargement  of  buildings  and  structures 
thereon ; 

For  the  employment  of  caretakers,  instructors,  teachers 
and  other  persons  who  may  in  the  discretion  of  the  commis- 
sion be  necessary  adequately  to  maintain  said  field  and  con- 
duct the  activities  thereon;  and 

For  the  support  and  encouragement  of  recreation,  play, 
sports,  physical  education,  athletics,  and  civic,  patriotic 
and  educational  celebrations,  exhibitions  and  entertain- 
ments at  said  field  pursuant  to  its  general  purposes. 

Section  4.  All  revenue  received  by  the  commission 
under  any  provision  of  this  act  shall  be  paid  into  the  town 
treasury.  The  commission  shall  annually,  or  oftener  if 
requested  by  the  selectmen,  file  with  the  selectmen  an 
itemized  and  detailed  statement  of  all  revenue  received  by 
the  commission,  and  all  expenditures  made  by  the  commis- 
sion, on  account  of  said  field  and  the  buildings  and  other 
structures  thereon.. 

Section  5.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  a  majority  of  the  voters  of  said  town  present 
and  voting  at  an  annual  or  special  town  meeting  held  not 
later  than  the  annual  town  meeting  in  the  year  nineteen 
hundred  and  forty-six,  but  not  otherwise. 

Approved  June  1,  1945. 


CJiap.S7Q  An  Act  authorizing  the  director  of  registration  to 

MAKE  certain  RULES  AND  REGULATIONS  GOVERNING  THE 
CONDUCT  OF  EXAMINATIONS  BY  THE  SEVERAL  BOARDS  OF 
REGISTRATION   AND    EXAMINATION. 

Be  it  enacted,  etc.,  as  folloius: 

G-L  (Ter.  ^^         Chapter  thirteen  of  the  General  Laws  is  hereby  amended 
§  9'a',  added''     by   inserting   after   section   nine   the   following  section :  — 
Establishment    SectioH  9 A.  '  The   dircctor  of  registration,   subject  to   the 
^eg'iTiaTioTs'to     approval  of  the  governor  and  council,  maj'^  make  such  rules 
procSe'Tn      and  regulations  governing  the  conduct  of  written  and  oral 
conduct  of        examinations   by   the   several    boards   of   registration   and 
re°g1stmtion  and  examination  aforesaid  as  shall  tend  to  standardize  procedure 
examination.      ^^^  protect  the  commonwcalth  and  applicants  for  registra- 
tion against  fraud;    provided,  that  nothing  in  this  section 
shall  prevent  any  such  board  from  adopting  under  authority 
of  other   provisions  of  law  specific   rules  and   regulations 
which  are   not  in  conflict  with  the  rules  and  regulations 
authorized  by  this  section.  Approved  June  1,  1945. 


Acts,  1945.  — Chap.  377.  329 


An  Act  relative  to  the  investment  of  deposits  and  CJiaj),S77 

THE  INCOME  DERIVED  THEREFROM  OF  SAVINGS  BANKS  AND 
SAVINGS  DEPARTMENTS  OF  TRUST  COMPANIES  IN  CERTAIN 
PUBLIC   SERVICE   COMPANY   AND   OTHER   OBLIGATIONS. 

He  it  enacted,  etc.,  as  follows: 

Section  1.     Paragraph   (4)   of  clause    Third    of   section  c.  l.  (ivr. 
fifty-four  of  chapter  one  hundred  and  sixty-eight  of  the  fiause^xhirdr^' 
General  Laws,  as  most  recently  amended  by  section  two  of  ^^c.,  amended. 
chapter  four  hundred  and  thirteen  of  the  acts  of  nineteen 
hundred  and  forty-one,  is  hereby  further  amended  by  in- 
serting after  the  word  "date"  in  the  third  line  the  follow- 
ing:—  ,  which  promise  maj^  be  modified,  if  at  all,  only  by 
vote  of  holders  of  at  least  seventy-five  per  cent  in  amount 
of  such  bonds,  —  so  as  to  read  as  follows :  — 

(4)  That  such  obligations  contain  an  unconditional  prom-  investments 
ise  to  pay  the  interest  thereon  regularly,  and  to  pay  the  ["^nds'^'""^ 
principal  at  a  specified  date,  which  promise  may  be  modified, 
if  at  all,  only  bj'-  vote  of  holders  of  at  least  seventy-five  per 
cent  in  amount  of  such  bonds; 

Section  2.     Paragraph   (5)   of  clause   Third   A  of  said  Ed^'i6r§54 
section  fifty-four,  inserted  by  section  four  of  chapter  two  clause  Third' a', 
hundred  and  fifteen  of  the  acts  of  nineteen  hundred  and  "''^  •  ^'^™«'"'^i''''- 
forty-three,  is  hereby  amended  by  striking  out,  in  the  third 
line,  the  words  "and  that  they  are  secured  by"  and  inserting 
in  place  thereof  the  following :  —  ,  which  promise  may  be 
modified,  if  at  all,  only  by  vote  of  holders  of  at  least  seventy- 
five  per  cent  in  amount  of  such  bonds,  and  that  they  are 
secured  by,  —  so  that  the  first  paragraph  will  read  as  fol- 
lows :  —  That    such   obligations   contain    an   unconditional  investment  in 

,        .  °        ,  ,      ,  ,     ,  .       .      obligations  of 

promise  to  pay  the  interest  thereon  regularly  and  the  princi-  railroads  in; 
pal  at  a  specified  date,  which  promise  may  be  modified,  if  J^uiCT^ta't'^s" 
at  all,  only  by  vote  of  holders  of  at  least  seventy-five  per  ft*^- 
cent  in  amount  of  such  bonds,  and  that  they  are  secured 
by:- 

Section  3.     Said    section    fifty-four    is    hereby    further  g.  l.  (Ter. 
amended  by  striking  out  clause  Sixth  A,  as  most  recently  ^'auseX'th  a!' 
amended  by  section  six  of  chapter  four  hundred  and  thirteen  etc.,  amended. 
of  the  acts  of  nineteen  hundred  and  forty-one,  and  inserting 
in  place  thereof  the  following  clause :  — 

Sixth  A.     In  the  bonds,  maturing  not  later  than  forty  I'ubiic  service 
years  subsequent  to  the  date  of  such  investment,  issued  or  ^""u^urcl 
assumed  by  any  corporation  incorporated  under  the  laws  of 
the  United  States  or  of  any  state  thereof, 

(1)  provided,  that  such  corporation  is  engaged  in  any  or 
all  of  the  following  functions :  — 

(a)  In  the  sale  and  distribution  of  electricity,  or  in  such 
sale  and  distribution  and  also  in  some  other  form  of  public 
service  enterprise; 

(6)  In  the  manufacture  and  distribution  of  artificial  gas; 
and 

(c)  In  the  sale  and  distribution  of  natural  gas  supplied  in 
substitution  for  and  in  mixture  with  artificial  gas;    but  in 


330  Acts,  1945.  —  Chap.  377. 

no  case  shall  the  bonds  of  any  corporation  engaged  in  the 
sale  and  distribution  of  natural  gas  become  a  legal  invest- 
ment unless  said  corporation  maintains  at  all  times  full 
facilities  for  the  manufacture  of  artificial  gas  in  quantities 
sufficient  to  supply  the  normal  demand;   and 

(2)  provided,  further,  that  such  corporation  has  franchises 
to  operate  in  territory  in  which  at  least  seventy-five  per  cent 
of  its  gross  operating  revenue  was  earned  thereunder  in  its 
fiscal  year  immediately  preceding  the  date  of  such  invest- 
ment, which  franchises  shall  be  either  indeterminate  fran- 
chises or  permits  or  agreements,  which  are  subject  to  the 
jurisdiction  of  or  issued  by  or  entered  into  with  a  public 
service  or  similar  commission  or  other  competent  public  au- 
thority, or  determinate  franchises  extending  at  least  three 
years  beyond  the  maturit,y  of  any  such  bond,  and 

(3)  provided,  further,  that :  — 

(a)  During  each  of  the  five  fiscal  years  immediately  pre- 
ceding the  date  of  such  investment,  such  corporation  has 
paid  the  matured  principal  and  interest  of  all  its  indebted- 
ness, and 

(h)  The  net  income  of  such  corporation  for  the  fiscal  year 
immediately  preceding  the  date  of  such  investment,  and  the 
average  of  net  income  of  such  corporation  for  the  five  fiscal 
3'ears  immediately  preceding  the  date  of  such  investment, 
as  shoM'n  b}^  its  annual  reports  or  other  sworn  returns  to  the 
Federal  Power  Commission  or  to  a  state  public  service  or 
other  similar  commission  shall  have  been  not  less  than  one 
and  three  quarter  times  the  amount  necessary  to  pay  the 
interest  for  the  same  periods  on  its  total  outstanding  in- 
debtedness, except  that  if  less  than  sixty  per  cent  of  the 
gross  operating  revenue  of  the  corporation  has  been  derived 
from  the  sale  and  distribution  of  electricity,  such  net  income 
shall  have  been  not  less  than  twice  the  amount  necessary  to 
pay  such  interest. 

(c)  As  used  in  subdivision  (3)  (b)  of  this  clause,  "net 
income"  shall  mean  the  amount  available  for  interest  charges 
after  deduction  has  been  made  for  all  operating  expenses, 
including  current  maintenance,  provision  for  depreciation  or 
retirement,  all  taxes  except  income  taxes,  and  all  rentals  and 
guaranteed  interest  or  dividends,  and  after  deducting  the 
net  income  as  determined  by  the  foregoing  method,  derived 
from  the  sale  of  natural  gas  where  stand-by  facilities  are  not 
maintained  for  the  manufacture  of  artificial  gas  in  quantities 
sufficient  to  supply  the  normal  demand  for  gas;  and 

(4)  pro^^ded,  further,  that  for  its  fiscal  year  immediately 
preceding  the  date  of  such  investment 

(a)  such  corporation  shall  have  done  at  least  eighty  per 
cent  of  its  business  in  the  United  States  or  any  state  thereof, 
including  in  such  term  the  District  of  Columbia,  on  the  con- 
tinent of  North  America; 

(b)  The  gross  operating  revenue  of  the  corporation  issuing 
or  assuming  such  bonds  shall  have  been  not  less  than  one 
million  dollars,  and  of  such  revenue  at  least  seventy-five  per 


Acts,  1945.  —  Chap.  377.  331 

cent,  shall  have  been  derived  from  tlie  sale  and  distribution 
of  electricity,  artificial  gas  and  natural  gas,  or  any  one  or 
more  of  them,  and  not  exceeding  twenty  per  cent  from  the 
operation  of  a  transportation  system;   and 

(c)  The  outstanding  full}^  paid  capital  stock  and  surplus 
of  such  corporation  shall  be  equal  to  at  least  sixty  per  cent 
of  its  total  funded  debt.  "Funded  debt",  as  used  herein, 
shall  mean  all  interest  bearing  debt,  whether  secured  or 
unsecured,  maturing  more  than  one  year  from  its  date  of 
issue,  but  excluding  bonds  of  the  corporation  held  as  col- 
lateral to  secure  other  of  its  outstanding  obligations. 

(5)  Such  bonds  shall  be  issued  under  an  indenture  which 
cannot  be  changed  so  as  to  alter  the  obligations  of  the  com- 
pany to  pay  the  principal  at  maturity,  or  to  pay  the  interest 
at  the  rates  and  on  the  dates  specified  in  such  bonds,  except 
with  the  consent  of  the  holder  or  holders  of  the  bond  or 
bonds  affected,  and  such  bonds  shall  be  secured  b}'  either  a 
first  or  junior  mortgage  upon  all  or  part  of  the  fixed  property 
of  such  corporation,  but  the  aggregate  principal  amount  of 
all  its  mortgage  bonds  shall  not  exceed  seventy-five  per 
cent  of  the  depreciated  value  of  the  fixed  property  of  the 
corporation  as  shown  by  its  books.  No  junior  mortgage 
bond  shall  quaUfy  under  this  paragraph  unless  under  the 
terms  of  the  indenture  under  which  it  was  issued  all  under- 
lying mortgages  must  be  paid  at  maturity,  or  refunded  by 
such  junior  mortgage.  Such  underlying  mortgages  shall  be 
closed  except  for  the  purpose  of  issuing  additional  bonds 
to  be  pledged  under  such  junior  mortgage.  If  such  junior 
mortgage,  or,  in  the  absence  of  a  junior  mortgage,  the  first 
mortgage,  is  not  closed,  it  shall  provide  for  the  issuance  of 
additional  bonds  for  extensions,  improvements  and  property 
acquisitions  only  for  an  amount  not  exceeding  eighty  per 
cent  of  the  actual  cost  of  such  extensions,  improvements  and 
property  acquisitions. 

(6)  If,  during  any  of  the  periods  mentioned  in  this  clause, 
such  corporation  has  been  consoHdated  by  purchase  or  other- 
wise, the  aggregate  operating  figures  of  the  corporations 
so  consolidated,  exclusive  of  intercompanj-  charges,  shall  be 
sufficient  for  the  purpose  of  this  clause. 

(7)  Not  more  than  twenty  per  cent  of  the  deposits  of  any 
such  bank  shall  be  invested  in  bonds  under  this  clause,  nor 
shall  more  than  two  per  cent  of  such  deposits  be  invested  in 
the  bonds  of  any  one  such  corporation. 

Section  4.     Said    section    fifty-four    is    hereby    further  g.  l.  (Ter. 
amended  by  striking  out  subdivision  (c)  of  clause  Fifteenth,  ^ai^e*F?f-*  ^' 
as  most  recently  amended  by  section  nine  of  chapter  four  t^'^'^^^-^''^- 
hundred  and  thirteen  of  the  acts  of  nineteen  hundred  and  """'" 
forty-one,  and  inserting  in  place  thereof  the  following  sub- 
division :  — 

(c)   Upon  application  by  twenty-five  savings  banks  to  the  Authqmed 
Mutual  Savings  Central  Fund,  Inc.,  submitted  in  such  form  l^v^e^*^' 
and  under  such  regulations  as  its  directors  may  require, 
requesting  authority  for  savings  banks  to  invest  their  de- 


332  Acts,  1945.  —  Chap.  377. 

posits  and  the  income  derived  therefrom  in  state,  municipal 
or  corporate  interest  bearing  obligations  not  otherwise  eligi- 
ble for  investment  under  this  section,  said  directors  may 
request  the  commissioner,  in  such  form  and  under  such 
regulations  as  he  may  require,  in  his  discretion,  to  authorize 
savings  banks,  notwithstanding  any  other  provisions  of  this 
section,  to  invest  their  deposits  and  the  income  derived 
tiierefrom  in  any  such  state,  municipal  or  corporate  interest 
bearing  obligation.  Any  expense  incurred  by  the  Mutual 
Savings  Central  Fund,  Inc.  in  connection  with  the  consid- 
eration of  such  application  shall  be  a  proper  expense  to  be 
incurred  and  paid  by  it.  If  the  commissioner  grants  such 
request  he  shall  forthwith  send  written  notice  of  such  de- 
cision to  said  directors  and  to  each  savings  bank  and  shall 
add  the  name  of  such  investment  to  the  list  of  bonds  and 
notes  eligible  for  investment  provided  for  in  subdivision  (a) 
of  this  clause.  At  any  time  thereafter  the  commissioner 
may,  on  his  own  initiative  or  at  the  written  request  of  said 
directors,  revoke  such  authority,  in  which  event  he  shall 
forthwith  send  written  notice  of  such  revocation  to  said 
directors  and  to  each  savings  bank. 

If  the  commissioner  shall  have  authorized  savings  banks 
to  invest  in  an  issue  of  bonds  in  accordance  with  the  provi- 
sions of  this  subsection  and  if  thereafter  but  before  such 
authorization  shall  have  been  revoked  the  state,  munici- 
pality or  corporation  shall  issue  bonds  the  proceeds  of  which 
are  to  be  used  solely  to  refund  the  issue  previously  authorized 
for  investment  or  another  issue  of  equal  or  shorter  maturity 
and  of  equal  or  prior  security  and  if  such  new  bonds  shall 
be  of  equal  security  with  the  previously  authorized  issue  and 
of  equal  or  shorter  maturity,  the  commissioner  may  au- 
thorize savings  banks  to  invest  their  funds  in  such  refunding 
bonds  and  tliereafter  may  revoke  such  authority  on  his  own 
initiative  or  at  the  written  request  of  said  Mutual  Savings 
Central  Fund,  Inc.  If  the  commissioner  shall  have  author- 
ized savings  banks  to  invest  in  an  issue  of  bonds  in  accord- 
ance with  any  of  the  provisions  of  this  paragraph  and  if 
thereafter  but  before  such  authorization  shall  have  been 
revoked  the  state,  municipality  or  corporation  shall  issue 
bonds  of  which  at  least  ninety  per  cent  of  the  proceeds  are 
to  be  used  to  refund  the  issue  previously  authorized  for 
investment  or  another  issue  of  equal  or  prior  security  and  if, 
in  the  judgment  of  the  board  of  directors  of  the  Mutual 
Savings  Central  Fund,  Inc.,  the  security  for  the  new  bonds 
is  not  less  than  that  for  the  previously  authorized  issue  then 
the  board  of  directors  of  the  Mutual  Savings  Central  Fund, 
Inc.  may,  on  its  own  initiative,  request  the  commissioner  of 
banks  to  authorize  savings  banks  to  invest  their  funds  in 
such  new  bonds  and  the  commissioner  may  authorize  such 
investment  and  thereafter  may  revoke  such  authority  on  his 
own  initiativ(i  or  at  the  request  of  said  Mutual  Savings 
Central  Fund,  Inc. 

In  determining  that  such  investments  should  be  included 


Acts,  1945.  —  Chaps.  378,  379.  333 

in  the  list  of  investments  legal  for  savings  banks  or  deleted 
from  said  list  the  commissioner  may  employ  such  expert 
assistance  as  he  deems  proper  or  may  rely  upon  information 
contained  in  publications  which  he  deems  authoritative  in 
reference  to  such  matters.  Said  Mutual  Savings  Central 
Fund,  Inc.,  its  officers,  directors  and  agents,  shall  be  in  no 
way  held  responsible  or  liable  for  failure  to  take  action  upon 
any  such  application  or  to  make  an}^  such  request  of  the 
commissioner.  Approved  June  1,  1945. 


Chap.S78 


An   Act  relative   to   supplementary   registration   of 
soldiers  and  sailors  before  primaries. 

Be  it  enacted,  etc.,  as  follows: 

Section  fifty  of  chapter  fifty-one  of  the  General  Laws,  as  o.  i-  ( ivr. 
amended  by  section  seventeen  of  chapter  four  hundred  and  ftt! 'amended. 
forty  of  the  acts  of  nineteen  hundred  and  thirty-eight,  is 
hereby  further  amended  by  inserting  after  the  word  "the" 
in  the  fourteenth  line  the  words :  —  prim.ary  or,  —  so  as  to 
read  as  follows:  —  Section  50.    Any  soldier  or  sailor  in  the  suppiitnentHrv 
service  of  the  United  States  who  had  a  legal  residence  in  any  sokiterfand  "^ 
city  or  town  in  the  commonwealth  at  the  time  of  entering  sailors. 
said  service,  but  who  by  reason  of  his  being  in  the  army  or 
navy  was  absent  from  the  city  or  town  during  the  periods 
when  sessions  for  listing  and  for  registration  were  held,  may 
appear  before  the  city  or  town  clerk  in  any  city  or  town 
where  such  clerk  is  also  a  member  of  the  board  of  registrars, 
and,  in  any  other  city  or  town,  before  the  chairman  of  the 
board  of  registrars  or  board  performing  like  duties  therein, 
during  the  regular  office  hours  of  such  clerk  or  chairman  and, 
in  accordance  with  this  chapter,  prove  his  qualifications  as 
a  voter  under  section  one  and  be  registered,  if  he  so  appears 
not  less  than  three  days  before   the   primary   or  election; 
but  such  registration  shall  be  subject  to  the  revision  and 
acceptance  of  the  board.  Approved  June  1,  1945. 


An  Act  exempting  certain  motor  carriers  from  regu-  Chap. 379 

LATION  AS  INTERSTATE  CARRIERS  OF  PROPERTY  BY  MOTOR 
VEHICLE. 

Be  it  enacted,  etc.,  as  follows: 

Section  ten  of  chapter  one  hundred  and  fifty-nine  B  of  p^^i^Jjjj 
the  General  Laws,  as  amended,  is  hereby  further  amended  ub.'etc,  ' 
by  adding  at  the  end  the  following  paragraph :  —  amended.     . 

This  section  shall  not  apply  to  a  motor  carrier  who  or  Certain  car- 
which  is  the  holder  of  a  certificate  or  permit  issued  under  from  tw"'^*""^ 
this  chapter  and  whose  operations  as  an  interstate  carrier  section. 
within  the  commonwealth  do  not  exceed  the  limitations  of 
such  certificate  or  permit  either  as  to  the  territory  served  or 
the  commodities  trans}K)rted.  A'/)f)rorcd  June  1,  1945. 


334  Acts,  1945.  —  Chaps.  380,  381. 


(^hop.SSO  An  Act  authorizing  the  city  of  lawhence  to  reim- 
burse THE  mother  of  CONSTANCE  J.  MONTEFUSCO  FOR 
certain  EXPENSES  INCURRED  BY  REASON  OF  INJURIES 
SUSTAINED  BY  HER  AT  THE  HIC3H  SCHOOL  IN  SAID  CITY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  discharging  a  moral 
obligation,  the  city  of  Lawrence  may  pay  to  the  mother 
of  Constance  J.  Montefusco,  a  minor,  a  sum  of  mone}^  not 
exceeding  five  hundred  and  seventeen  dollars  and  five  cents 
to  reimburse  her  for  expenses  of  hospital  and  medical  care 
incurred  by  her  on  account  of  injuries  received  by  said 
Constance  J.  Montefusco  at  the  high  school  in  said  city. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  vote  of  the  city  council  of  said  city,  subject  to 
the  provisions  of  its  charter,  but  not  otherwise. 

Approved  June  1,  1945. 


Chap.SSl  An  Act  establishing  the  seekonk  water  district  of 

SEEKONK. 

J3e  it  enacted,  etc.,  as  follows: 

Section  1.  The  inhabitants  of  the  town  of  Seekonk 
Uable  to  taxation  in  said  town  and  residing  within  the  ter- 
ritory comprised  within  the  following  boundaries,  to  wit: 
Beginning  at  a  point  where  the  town  boundaries  between 
Pawtucket,  Rhode  Island,  Seekonk  and  Attleboro,  Massa- 
chusetts. —  Seekonk  intersect  at  the  extreme  northwest 
portion  of  Seekonk,  thence  southerly  7.3  miles  along  the 
boundary  between  Pawtucket  and  East  Providence  in  Rhode 
Island  and  Seekonk  to  a  point  1,000  feet  south  of  Plighland 
avenue:  thence  running  southeasterly  4,400  feet  parallel  to 
Highland  avenue  to  the  center  line  of  Mink  street;  thence 
southeasterly  4,400  feet  to  the  center  line  of  Warren  avenue 
at  a  point  approximately  400  feet  south  of  Fall  River  avenue ; 
thence  southeasterly  2,200  feet  to  a  point  opposite  the  east- 
erly line  of  Wheaton  street,  and  200  feet  south  of  Fall  River 
avenue;  thence  450  feet  northeasterly  along  the  east  line  of 
Wheaton  avenue;  thence  northwesterly  3,200  feet  to  the 
center  line  of  Anthony  street  at  a  point  400  feet  north  of 
Fall  River  avenue;  thence  northwesterly  6,200  feet  to  the 
center  line  of  Cole  street,  at  a  point  250  feet  east  of  Fall 
River  avenue;  thence  northeasterly'  3,500  feet  to  the  center 
line  of  County  street  at  a  point  1,700  feet  west  of  Olney 
street;  thence  3,200  feet  to  the  center  line  of  Arcade  avenue 
at  a  point  1,300  feet  northeast  of  the  intersection  of  Fall 
River  avenue;  thence  northeasterlj^  5,500  feet  to  the  center 
line  of  Elm  street  at  a  point  550  feet  south  of  Taunton 
avenue;  thence  easterly  5,850  feet  to  the  town  boundary 
between  Rehoboth  and  Seekonk  at  a  point  250  feet  south  of 
'I'aunton  avenue;  thence  du(;  north  2,700  feet  along  the 
Rehoboth-Seekonk  boundary  to  a  point  300  feet  north  of 


Acts,  1945. —  Chap.  381.  335 

Jacobs  street;  thence  southwesterly  2,900  feet  to  a  point 
300  feet  east  of  Prospect  street  and  550  feet  north  of  the 
intersection  of  Lincoln  and  Jacobs  streets;  thence  northerly 
1,800  feet  parallel  to  Prospect  street;  thence  southwesterly 
600  feet,  crossing  Prospect  street  at  a  point  1,300  feet  south 
of  Walnut  street;  thence  southerly  2,200  feet  parallel  with 
Prospect  street;  thence  westerly  2,300  feet  to  the  center 
line  of  Greenwood  avenue  at  a  point  300  feet  north  of  Ledge 
road;  thence  due  north  1,400  feet;  thence  northwesterly 
3,900  feet  to  the  center  line  of  Woodward  avenue  at  a  point 
2,100  feet  east  of  Coolidge  street;  thence  northerly  2,850 
feet  to  the  center  line  of  Walker  street  at  a  point  1,800  feet 
west  of  Prospect  street;  thence  northerly  1,300  feet  to  the 
center  line  of  Read  street  at  a  point  1,800  feet  east  of  New- 
man avenue;  thence  northerly  3,300  feet  to  the  center  hne 
of  Brown  avenue  at  a  point  1,850  feet  northeast  of  Newman 
avenue;  thence  northerly  6,700  feet  to  the  center  line  of 
Pine  street  at  a  point  350  feet  north  of  Woodland  avenue; 
thence  northeasterly  6,400  feet  parallel  to  the  east  boundary 
line  of  New  York,  New  Haven  and  Hartford  Railroad  prop- 
erty to  the  boundary  between  Seekonk  and  Attleboro  at  a 
point  3,200  feet  west  of  northeast  corner  boundary  of  See- 
konk, Rehoboth  and  Attleboro;  thence  westerly  7,400  feet 
along  the  boundary  between  Seekonk  and  Attleboro  to  the 
point  of  beginning,  shall  constitute  a  water  district  and  are 
hereby  made  a  body  corporate  bj^  the  name  of  the  Seekonk 
Water  District,  hereinafter  called  the  district,  for  the  pur- 
pose of  supplying  themselves  with  water  for  the  extinguish- 
ment of  fires  and  for  domestic  and  other  purposes,  with 
power  to  establish  fountains  and  hydrants,  and  to  relocate 
and  discontinue  the  same,  to  regulate  the  use  of  such  water, 
and  to  fix  and  collect  rates  to  be  paid  therefor,  to  assess  and 
raise  taxes  as  provided  herein  for  the  payment  of  such  serv- 
ices, and  to  defra}^  the  necessary  expenses  of  carrying  on 
the  business  of  said  district,  but  subject  to  all  general  laws 
now  or  hereafter  in  force  relating  to  such  districts,  except  as 
otherwise  provided  herein.  Said  district  shall  have  power  to 
prosecute  and  defend  all  actions  relating  to  its  property  and 
affairs. 

Section  2.  For  the  purposes  aforesaid,  the  district, 
acting  by  and  through  its  board  of  water  commissioners 
hereinafter  provided  for,  may  contract  with  any  munici- 
pality, acting  through  its  water  department,  or  with  anj^ 
water  company,  or  with  any  other  water  district,  for  what- 
ever water  may  be  required,  authority  to  furnish  the  same 
being  hereby  granted,  and  may  enter  into  such  other  con- 
tracts as  may  be  necessary  for  the  purposes  set  forth  in 
section  one  of  this  act  and  may  take  by  eminent  domain, 
under  chapter  seventy-nine  or  chapter  eighty  A  of  the 
General  Laws,  or  acquire  by  lease,  purchase  or  otherwise, 
and  hold,  the  waters,  or  any  portion  thereof,  of  any  pond, 
spring  or  stream,  or  of  any  ground  sources  of  supply,  by 
means  of  driven,  artesian  or  other  wells,  within  said  town  of 


336  Acts,  1945.  —  Chap.  381. 

Seekonk  not  already  appropriated  for  the  purposes  of  a  public 
water  supply,  and  the  water  rights  connected  with  any  such 
water  sources;  and  for  said  purposes  may  take  as  aforesaid, 
or  acquire  by  purchase  or  otherwise,  and  hold,  all  lands, 
rights  of  way  and  other  easements  necessary  for  collecting, 
storing,  holding,  purifying  and  preserving  the  purity  of  the 
water  and  for  conveying  the  same  to  any  part  of  said  dis- 
trict; provided,  that 'no  source  of  water  supply  or  lands 
necessary  for  preserving  the  quality  of  the  water  shall  be  so 
taken  or  used  without  first  obtaining  the  advice  and  approval 
of  the  state  department  of  public  health,  and  that  the  loca- 
tion and  arrangement  of  all  dams,  reservoirs,  wells,  pump- 
ing, purification  and  filtration  plants  and  such  other  works 
as  may  be  necessary  in  carrying  out  the  provisions  of  this 
act  shall  be  subject  to  the  approval  of  said  department. 
The  district  may  construct  and  maintain  on  the  lands  ac- 
quired and  held  under  this  act  proper  dams,  wells,  springs, 
reservoirs,  standpipes,  tanks,  pumping  plants,  buildings, 
fixtures  and  other  structures,  including  also  the  establish- 
ment and  maintenance  of  filter  beds  and  purification  works 
or  systems,  and  may  make  excavations,  procure  and  operate 
machinery  and  provide  such  other  means  and  appliances, 
and  do  such  other  things  as  may  be  necessary  for  the  estab- 
lishment and  maintenance  of  complete  and  effective  water 
works;  and  for  that  purpose  may  construct  pipe  lines,  wells 
and  reservoirs  and  establish  pumping  works,  and  may  con- 
struct, lay,  acquire  and  maintain  aqueducts,  conduits,  pipes 
and  other  works  under  or  over  any  land,  water  courses,  rail- 
roads, railways  and  public  or  other  ways,  and  along  such 
ways,  in  said  town,  in  such  manner  as  not  unnecessarily 
to  obstruct  the  same;  and  for  the  purposes  of  constructing, 
laying,  maintaining,  operating  and  repairing  such  aque- 
ducts, conduits,  pipes  and  other  works,  and  for  all  proper 
purposes  of  this  act,  the  district  may  dig  up  or  raise  and 
embank  any  such  lands,  highways  or  other  ways  in  such 
manner  as  to  cause  the  least  hindrance  to  public  travel  on 
such  ways;  provided,  that  the  manner  in  which  all  things 
are  done  upon  any  such  way  shall  be  subject  to  the  direction 
of  the  selectmen  of  said  town.  The  district  shall  not  enter 
upon,  or  construct  or  lay  any  aqueduct,  conduit,  pipe  or 
other  works  within,  the  location  of  any  railroad  corporation 
except  at  such  time  and  in  such  manner  as  it  may  agree 
upon  with  such  corporation,  or,  in  case  of  failure  so  to  agree, 
as  may  be  approved  by  the  department  of  public  utilities. 
Said  district  may  enter  upon  any  lands  for  the  purpose  of 
making  surveys,  test  wells  or  pits  and  borings,  and  may 
take  or  otherwise  acquire  the  right  to  occupy  temporarily 
any  lands  necessar^^  for  the  construction  of  any  work  or  for 
any  other  purpose  authorized  by  this  act. 

Section  3.  Any  person  sustaining  damages  in  his  prop- 
erty by  any  taking  under  this  act  or  any  other  thing  done 
under  authority  tluireof  may  recover  such  damages  from  the 
district   under  said   chapter  seventy-nine   or  said   chapter 


Acts,  1945.  —  Chap.  381.  337 

eighty  A;  but  the  right  to  damages  for  the  taking  of  any 
water,  water  right  or  water  source,  or  for  any  injury  thereto, 
shall  not  vest  until  water  is  actual)}'  withdrawn  or  diverted 
under  authority  of  this  act. 

Section  4.  For  the  purpose  of  paying  the  necessary  ex- 
penses and  Uabilities  incurred  under  this  act,  other  than 
expenses  of  maintenance  and  operation,  the  district  may 
borrow  from  time  to  time  such  sums  as  may  be  necessary, 
not  exceeding,  in  the  aggregate,  three  hundred  and  seventy- 
five  thousand  dollars;  and  may  issue  bonds  or  notes  therefor 
which  shall  bear  on  their  face  the  words,  Seekonk  Water 
District  Loan,  Act  of  1945.  Each  authorized  issue  shall 
constitute  a  separate  loan,  and  such  loans  shall  be  payable  in 
not  more  than  thirty  years  from  their  dates.  Indebtedness 
incurred  under  this  act  shall  be  subject  to  the  provisions  of 
chapter  forty-four  of  the  General  Laws  pertaining  to  such 
districts. 

Section  5.  The  district  shall,  at  the  time  of  authorizing 
said  loan  or  loans,  provide  for  the  payment  thereof  in  ac- 
cordance with  section  four  of  this  act;  and  when  a  vote  to 
that  effect  has  been  passed,  a  sum  which,  with  the  income 
derived  from  water  rates,  will  be  sufficient  to  pay  the  annual 
expense  of  operating  its  water  works  and  the  interest  as  it 
accrues  on  the  bonds  or  notes  issued  as  aforesaid  by  the 
district,  and  to  make  such  pa3'ments  on  the  principal  as 
may  be  required  under  the  provisions  of  this  act,  shall  with- 
out further  vote  be  assessed  upon  the  district  by  the  assessors 
of  said  town  annually  thereafter  until  the  debt  incurred  by 
said  loan  or  loans  is  extinguished. 

Section  6.  Any  land  taken  or  acquired  under  this  act 
shall  be  managed,  improved  and  controlled  by  the  board  of 
water  commissioners  hereinafter  provided  for,  in  such  man- 
ner as  they  shall  deem  for  the  best  interest  of  the  district. 
All  authority  vested  in  said  board  by  this  section  shall  be 
subject  to  the  provisions  of  section  nine. 

Section  7.  Whenever  a  tax  is  duly  voted  by  the  district 
for  the  purposes  of  this  act,  the  clerk  shall  send  a  certified 
copy  of  the  vote  to  the  assessors  of  said  town,  who  shall 
assess  the  same  on  property  within  the  district  in  the  same 
manner  in  all  respects  in  which  town  taxes  are  required  by 
law  to  be  assessed;  provided,  that  no  estate  shall  be  subject 
to  any  tax  assessed  on  account  of  the  system  of  water  supply 
under  this  act  if,  in  the  judgment  of  the  board  of  water 
commissioners  hereinafter  provided  for,  after  a  hearing  due 
notice  whereof  shall  have  been  given,  such  estate  is  so  situ- 
ated that  it  can  receive  no  aid  in  the  extinguishment  of  fire 
from  the  said  system  of  water  supply,  or  receive  no  benefit 
in  fire  insurance  grading  therefrom,  or  both,  or  if  such  estate 
is  so  situated  that  the  buildings  thereon,  or  the  buildings 
that  might  be  constructed  thereon,  could  not  be  supplied  in 
any  ordinary  or  reasonable  manner  with  water  from  the 
said  system;  but  all  other  estates  in  the  district  shall  be 
deemed  to  be  benefited  and  shall  be  subject  to  such  tax.    A 


Acts,  1945.  —  Chap.  381. 

certified  list  of  the  estates  exempt  from  taxation  under  the 
provisions  of  this  section  shall  annually  be  gent  by  said 
board  of  water  commissioners  to  said  assessors,  at  the  same 
time  at  which  the  clerk  shall  send  a  certified  copy  of  the 
vote  as  aforesaid.  The  assessment  shall  be  committed  to 
the  town  collector,  who  shall  collect  said  tax  in  the  manner 
provided  by  law  for  the  collection  of  town  taxes,  and  shall 
deposit  the  proceeds  thereof  with  the  district  treasurer  for 
the  use  and  benefit  of  the  district.  The  district  may  collect 
interest  on  overdue  taxes  in  the  manner  in  which  interest  is 
authorized  to  be  collected  on  town  taxes. 

Section  8.  Any  meeting  of  the  voters  of  the  territory 
included  within  the  boundaries  set  forth  in  section  one  to  be 
held  prior  to  the  acceptance  of  this  act,  and  any  meeting  of 
the  voters  of  the  district  to  be  held  prior  to  the  qualification 
of  a  majority  of  the  water  commissioners,  shall  be  called,  on 
petition  of  ten  or  more  legal  voters  therein,  by  a  warrant 
from  the  selectmen  of  said  town,  or  from  a  justice  of  the 
peace,  directed  to  one  of  the  petitioners,  requiring  him  to 
give  notice  of  the  meeting  by  posting  copies  of  the  warrant 
in  two  or  more  public  places  in  the  district  seven  days  at 
least  before  the  time  of  the  meeting.  Such  justice  of  the 
peace,  or  one  of  the  selectmen,  shall  preside  at  such  meeting 
until  a  clerk  is  chosen  and  sworn,  and  the  clerk  shall  preside 
until  a  moderator  is  chosen.  At  any  meeting  held  here- 
under prior  to  the  acceptance  of  this  act,  after  the  choice  of 
a  moderator  for  the  meeting  the  question  of  the  acceptance 
of  this  act  shall  be  submitted  to  the  voters,  and  if  it  is  ac- 
cepted by  a  majority  of  the  voters  present  and  voting  thereon 
it  shall  thereupon  take  effect,  and  the  meeting  may  then 
proceed  to  act  on  the  other  articles  in  the  warrant.  After 
the  qualification  of  a  majority  of  the  water  commissioners, 
meetings  of  the  district  shall  be  called  by  warrant  under  their 
hands,  unless  some  other  method  be  provided  by  by-law  or 
vote  of  the  district. 

Section  9.  The  district  shall,  after  the  acceptance  of 
this  act  as  aforesaid,  elect  by  ballot,  either  at  the  same 
meeting  at  which  this  act  shall  have  been  accepted,  or  there- 
after, at  an  annual  meeting  or  at  a  special  meeting  called  for 
the  purpose,  three  persons,  inliabitants  of  and  voters  in  said 
district,  to  hold  office,  one  until  the  expiration  of  three  years, 
one  until  the  expiration  of  two  years,  and  one  until  the 
expiration  of  one  year,  from  the  day  of  tlie  next  succeeding 
annual  district  meeting,  to  constitute  a  board  of  water  com- 
missioners; and  at  every  annual  district  meeting  following 
such  next  succeeding  annual  district  meeting  one  such  com- 
missioner shall  be  elected  by  ballot  for  the  term  of  three 
years.  The  date  of  the  next  annual  meeting  shall  be  fixed 
by  by-law  or  by  vote  of  the  board  of  water  commissioners, 
but  in  no  event  shall  it  be  later  than  fifteen  months  subse- 
quent to  the  date  on  which  the  water  commissioners  were 
first  elected.  All  the  authority  granted  to  said  district  by 
this  act,  except  sections  four  and  five,  and  not  otherwise 


Acts,  1945.  —  Chap.  381.  339 

specifically  provided  for,  shall  \m\  vested  in  said  l»oard  of 
water  comniissioners,  wjio  shall  he  subject,  liowever,  to  such 
instructions,  rules  and  regulations  as  the  district-  may  Ijy 
vote  impose.  At  the  meeting  at  whi(;li  said  water  conmiis- 
sioners  are  first  elected  and  at  each  annual  district  meeting 
held  thereafter,  the  district  shall  elect  by  ballot,  each  for  a 
term  of  one  3'ear,  a  clerk  and  a  treasurer  of  the  district. 
The  treasurer  shall  not  be  a  water  commissioner,  and  shall 
give  bond  to  the  district  in  such  an  amount  as  may  be  ap- 
proved by  said  water  commissioners  and  with  a  surety  com- 
pany authorized  to  transact  business  in  the  commonwealth 
as  surety.  A  majority  of  said  water  commissioners  shall 
constitute  a  quorum  for  the  transaction  of  business.  Any 
vacanc}'  occurring  in  said  board  from  am-  cause  may  be 
filled  for  the  remainder  of  the  unexpired  term  by  said  dis- 
trict at  any  legal  meeting  called  for  the  purpose.  No  money 
shall  be  drawn  from  the  treasur}^  of  the  district  on  account 
of  its  water  works  except  upon  a  written  order  of  said  water 
commissioners  or  a  majority  of  them. 

Section  10.  Said  board  of  water  commissioners  shall 
fix  just  and  equitable  prices  and  rates  for  the  use  of  water, 
and  shall  prescribe  the  time  and  manner  of  payment.  The 
income  of  the  water  works  shall  be  appropriated  to  defray 
all  operating  expenses,  interest  charges  and  payments  on 
the  principal  as  they  sliall  accrue  upon  any  bonds  or  notes 
issued  under  authority  of  this  act.  If  there  should  be  a  net 
surplus  remaining  after  providing  for  the  aforesaid  charges, 
it  may  be  appropriated  for  such  new  construction  as  said 
water  commissioners  may  recommend,  and  in  case  a  surplus 
should  remain  after  payment  for  such  new  construction  the 
water  rates  shall  be  reduced  proportionately.  Said  water 
commissioners  shall  annually,  and  as  often  as  the  district 
may  require,  render  a  report  upon  the  condition  of  the 
works  under  their  charge,  and  an  account  of  their  doings, 
including  an  account  of  receipts  and  expenditures. 

Section  11.  The  district  may  adopt  by-laws  prescribing 
by  whom  and  how  meetings  of  the  district  may  be  called, 
notified  and  conducted;  and,  upon  the  application  of  ten 
or  more  legal  voters  in  the  district,  meetings  may  also  be 
called  by  warrant  as  provided  in  section  eight.  The  district 
may  also  establish  rules  and  regulations  for  the  management 
of  its  water  works,  not  inconsistent  with  this  act  or  with 
any  other  provision  of  law,  and  may  choose  such  other 
officers  not  provided  for  in  this  act  as  it  ma}-  deem  necessary 
or  proper. 

Section  12.  Whoever  wilfully  or  wantonly  corrupts, 
pollutes  or  diverts  any  water  obtained  or  supplied  under 
this  act,  or  wilfulh^  or  wantonl}'  injures  an}^  reservoir,  well, 
standpipe,  aqueduct,  pipe  or  otlicr  property  owned  or  used 
by  the  district  for  any  of  the  purposes  of  this  act,  shall 
forfeit  and  pay  to  the  district  tliree  times  the  amount  of 
damages  assessed  therefor,  to  be  recovered  in  an  action  of 
tort,  and  upon  conviction  of  any  of  the  above  wilful  or 


340  Acts,  1945.  —  Chaps.  382,  383. 

wanton  acts  shall  be  punished  by  a  fine  of  not  more  than 
three  hundred  dollars  or  by  imprisonment  in  jail  for  not 
more  than  one  year,  or  both. 

Section  13.  Upon  a  petition  in  writing  addressed  to 
said  board  of  water  commissioners  requesting  that  certain 
real  estate,  accurately  described  therein,  located  in  said 
town  and  abutting  on  said  district  and  not  otherwise  served 
by  a  public  water  supply  be  included  within  the  hmits 
thereof,  and  signed  by  the  owners  of  such  real  estate,  or  a 
major  portion  of  such  real  estate,  said  water  commissioners 
shall  cause  a  duly  warned  meeting  of  the  district  to  be 
called,  at  which  meeting  the  voters  may  vote  on  the  ques- 
tion of  including  said  real  estate  within  the  district.  If  a 
majority  of  the  voters  present  and  voting  thereon  vote  in 
the  affirmative  the  district  clerk  shall  within  ten  days  file 
with  the  town  clerk  of  said  town  and  with  the  state  secretary 
an  attested  copy  of  said  petition  and  vote;  and  thereupon 
said  real  estate  shall  become  and  be  part  of  the  district  and 
shall  be  holden  under  this  act  in  the  same  manner  and  to  the 
same  extent  as  the  real  estate  described  in  section  one. 

Section  14.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  a  majority  vote  of  the  voters  of  the  territory 
included  within  said  district  by  section  one  of  this  act 
present  and  voting  thereon  by  the  use  of  a  check  list  at  a 
district  meeting  called,  in  accordance  with  the  provisions 
of  section  eight,  within  four  years  after  its  passage,  but  not 
otherwise.  Approved  June  1,  1945. 

Chap. SS2  An  Act  temporarily  extending  to  certain  veterans  of 

W^ORLD    WAR    II    THE   ADVANTAGES    OF    UNIVERSITY    EXTEN- 
SION   COURSES    FREE    OF   CHARGE. 

Be  it  enacted,  etc.^  as  follows: 

Any  person  who  resided  in  the  commonwealth  for  not 
less  than  one  year  immediatel}'  prior  to  his  entry  into  the 
military  or  naval  service  of  the  United  States  during  World 
War  II  shall,  upon  his  discharge,  other  than  a  dishonorable 
one,  after  having  served  at  least  sixty  days  in  such  service, 
be  entitled  to  take  university  extension  courses,  free  of  charge, 
for  a  period  of  four  years  from  the  date  of  said  discharge. 

Approved  June  1,  1945. 


Chap.SSS  An  Act  directing  the  department  of  public  works 

TO  MAKE  provision  FOR  THE  CONTINUED  DEVELOPMENT 
OF  THE  GENERAL  EDWARD  LAWRENCE  LOGAN  AIRPORT  AT 
EAST   BOSTON. 

preamble'"^  Whereos,  The  deferred  operation  of  this  act  would  tend 

to  defeat  its  purpose,  which  is  to  take  without  delay  the 
necessary  steps  for  the  further  development  of  the  General 
Edward  Lawrence  Logan  Airport,  therefore  it  is  hereby 
declared  to  be  an  emergency  law,  necessary  for  the  immedi- 
ate preservation  of  the  public  safety  and  convenience. 


Acts,  1945.  —  Chap.  383.  341 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  state  department  of  public  works,  in 
this  act  called  the  department,  is  hereby  authorized  and 
directed  to  further  enlarge,  extend,  improve  and  develop 
the  General  Edward  Lawrence  Logan  Airport  and  for  that 
purpose  shall  have  and  may  exercise  all  pertinent  authority 
and  powers  conferred  upon  it  by  chapter  six  hundred  and 
ninetj'-five  of  the  acts  of  nineteen  hundred  and  forty-one 
and  by  chapter  five  hundred  and  twenty-eight  of  the  acts 
of  nineteen  hundred  and  forty-three. 

Section  2.  The  department  is  hereby  further  author- 
ized to  acquire  bj?-  purchase,  deed,  gift  or  otherwise,  or  to 
take  by  eminent  domain  under  chapter  seventy-nine  of  the 
General  Laws,  lands  other  than  public  lands,  or  rights 
therein,  as  may  be  needed  for  obtaining  filling  material  for 
said  airport  and  for  its  further  improvement. 

Section  3.  If  the  use  of  any  lands  owned  by  the  city 
of  Boston  and  held  for  any  purpose  specified  in  chapter 
forty-five  of  the  General  Laws  is  necessary  for  the  purposes 
of  said  airport,  the  department  and  said  city  are  hereby 
authorized  to  enter  into  an  agreement  exchanging  such  lands 
for  other  lands  to  be  acquired  by  the  department,  on  which 
the  department  shall  construct  a  recreation  area  or  areas  to 
be  approved  by  said  city,  and  the  department  is  further 
authorized  to  take  by  eminent  domain  under  chapter  sev- 
enty-nine of  the  General  Laws,  or  otherwise  acquire,  the 
necessary  lands  or  rights  therein  for  the  construction  of  the 
recreation  area  or  areas,  and  to  do  the  necessary  grading  and 
construct  suitable  buildings  and  playgrounds  and  appurte- 
nances therefor. 

Section  4.  To  meet  the  expenditures  necessary  in  carry- 
ing out  the  provisions  of  this  act  the  state  treasurer  shall, 
upon  request  of  the  governor  and  council  and  not  later  than 
June  thirtieth,  nineteen  hundred  and  fortj^-'Seven,  issue  and 
sell  at  public  or  private  sale  bonds  of  the  commonwealth, 
registered  or  with  interest  coupons  attached,  as  he  may  deem 
best,  to  an  amount  to  be  specified  by  the  governor  and 
council  from  time  to  time,  but  not  exceeding,  in  the  aggre- 
gate, the  sum  of  fifteen  million  dollars.  All  bonds  issued  b}^ 
the  commonwealth  as  aforesaid  shall  be  designated  on  their 
face,  Logan  Airport  Improvement  Loan,  and  shall  be  on  the 
serial  paj^ment  plan  for  such  maximum  term  of  years,  not 
exceeding  ten  years,  as  the  governor  msLV  recommend  to  the 
general  court  pursuant  to  section  3  of  Article  LXII  of  the 
Amendments  to  the  Constitution  of  the  commonwealth,  the 
maturities  thereof  to  be  so  arranged  that  the  amounts  pay- 
able in  the  several  years  other  than  the  final  year  shall  be 
as  nearly  equal  as  in  the  opinion  of  the  state  treasurer  it  is 
practicable  to  make  them.  Said  bonds  shall  bear  interest 
semi-annually  at  such  rate  as  the  state  treasurer,  with  the 
approval  of  the  governor,  shall  fix,  but  such  bonds  shall  be 
payable  not  earlier  than  July  first,  nineteen  hundred  and 


342  Acts,  1945.  —  Chap.  384. 

fifty,  nor  later  than  June  thirtieth,  nineteen  hundred  and 
fifty-five. 

Section  5.  Notwithstanding  the  foregoing  provisions  of 
this  act,  if  funds  for  the  development  and  improvement  of 
the  General  Edward  Lawrence  Logan  Airport  are  made 
available  by  the  federal  government,  an  amount  equivalent 
to  such  federal  funds,  or  such  lesser  amount  as  may  be  re- 
quired for  the  proper  complete  construction  of  a  permanent 
terminal  and  administration  building,  including  loading 
platforms,  shall  be  expended  for  such  construction  from  the 
sums  provided  by  section  four;  but  nothing  in  this  section 
shall  prevent  the  expenditure  from  the  funds  provided  bj^ 
section  four  of  such  sums  as  may  be  necessary  for  the  con- 
struction of  suitable  terminal  and  administration  facilities. 

Section  6.  The  department  may  award  contracts  for 
concessions,  rentals,  landing  fees  or  other  charges,  including 
the  sale  of  gasoline,  oils  and  other  articles  and  supplies  on 
the  airport  property.  All  such  contracts  shall  be  subject  to 
the  approval  of  the  governor  and  council.  Funds  received 
as  revenue  from  the  operation  of  the  General  Edward  Law- 
rence Logan  Airport  shall,  notwithstanding  the  provisions  of 
section  fifteen  of  chapter  six  hundred  and  ninety-five  of  the 
acts  of  nineteen  hundred  and  fortj^-one,  be  credited  by  the 
comptroller  to  the  Logan  Airport  account,  which  account 
the  comptroller  is  hereby  authorized  to  establish  on  the 
books  of  the  commonwealth. 

Section  7.  The  department  shall,  forthwith  upon  the 
effective  date  of  this  act,  submit  to  the  governor  a  detailed 
program  relative  to  the  enlargement,  extension,  improve- 
ment and  development  of  said  airport,  as  provided  in  sec- 
tion one,  setting  forth  specifically  the  dates  upon  which 
various  construction  operations  shall  be  commenced  and 
completed,  and  including  estimated  costs  of  such  construc- 
tion operations,  shall  maintain  current  progress  information, 
and  thereafter  once  in  every  three  months  shall  submit  to 
the  governor  a  detailed  report  of  such  construction  opera- 
tions. Said  reports  shall  state  the  prices  paid  for  all  land 
purchased  or  otherwise  acquired  for  the  purposes  of  this  act. 
The  department  shall  cause  said  reports  to  be  printed  and  a 
copy  thereof  to  be  furnislied  to  each  member  of  the  general 
court.  Approved  June  6,  1945. 


Cliap.'SSA  An  Act  authorizing  multiple  line  underwriting,   so 

CALLED,    BY    CERTAIN    DOMESTIC    AND    FOREIGN    STOCK    AND 
MUTUAL   INSURANCE    COMPANIES. 

Jie  it  enacted,  etc.,  as  follows: 

EdV  90*"^'  Section  L     Section  thirtv-four  A  of  chapter  ninet}^  of 

§34A.  etc,        the  General  Laws,  as  amended,  is  heivby  further  amended 
|jy  striking  out  the  paragraph  d«4ining  the  word  "Certifi- 
cate", as  appearing  in  the  Tercentenar\'  l^^dition,  and  in- 
serting in  place  thereof  the  following  paragraph:  — 
•evrtiiioiiii;"         "Certificate",   the   certificate   of   an   insurance   company 


Acts,  1945.  —  Chap.  384.  343 

authorized  to  issue  in  the  commonwealth  a  motor  vehicle 
liability  policy,  stating  that  it  has  issued  to  the  applicant 
for  registration  of  a  motor  vehicle  such  a  policy  which  covers 
such  motor  vehicle,  conforms  to  the  provisions  of  section 
one  hundred  and  thirteen  A  of  chapter  one  hundred  and 
seventy-five  and  runs  for  a  period  at  least  coterminous  with 
that  of  such  registration  or  that  it  has  executed  a  binder,  as 
defined  in  said  section  one  hundred  and  thirteen  A,  under 
and  in  conformity  with  said  section  covering  such  motor 
vehicle  pending  the  issue  of  a  motor  vehicle  liability  policy; 
or  the  certificate  of  a  suret}^  company  authorized  to  transact 
business  in  the  commonwealth  under  section  one  hundred 
and  five  of  said  chapter  one  hundred  and  seventy-five  as 
suret}^,  stating  that  a  motor  vehicle  liability  bond,  payable 
to  the  commonwealth,  which  covers  sucli  motor  vehicle, 
conforms  to  the  provisions  of  said  section  one  hundred  and 
thirteen  A,  and  runs  for  a  period  at  least  coterminous  with 
such  registration,  has  been  executed  by  such  applicant  as 
principal  and  by  such  surety  company  as  surety;  or  the 
certificate  of  the  department  stating  that  cash  or  securities 
have  been  deposited  with  the  department  as  provided  in 
section  thirty-four  D. 

Section  2.     Chapter  one   hundred   and   seventy-five   of  ^';,^-  [J.^^- 
the  General   Laws  is  hereby  amended   by  inserting  after  new  §§54 b- 
section  fifty-four  A,  inserted  by  chapter  one  hundred  and 
sixty-five  of  the  acts  of  nineteen  hundred  and  thirty-two, 
the  three  following  sections:  —  Section  o^B.    Any  company  Authority  to 
authorized  to  transact  the  kinds  of  business  specified  in  any  ^uj^fje  oTthr 
one  of  the  first,  second,  fourth,  sixth  or  twelfth  clauses  of  United  states. 

P      ,  /         •  i  1  i    i  T    •  c  Its  terntories 

section  lorty-seven  may,  except  with  respect  to  policies  01  and  possessions. 

life  and  endowment  insurance  and  contracts  for  the  paj^ment 

of  annuities  and  pure  endowments,  reinsure  risks  of  every 

kind  or  description  and  may,  with  respect  to  risks  outside  of 

the  United  States,  its  territories  and  possessions,  write  any 

and  all  kinds  of  insurance,  provided  it  maintains  a  surplus 

to  policyholders,  including  any  guaranty  capital,  of  not  less 

than  one  million  dollars. 

Section  54C.     Any  company  authorized  to  transact  the  Authority  to 
kinds  of  business  specified  in  the  first  or  second  clause,  or  in  {"g"  o*f  of"''^ 
subdivision  (h)  of  the  sixth  clause,  of  section  forty-seven  may  damage  to,  or 

./  1  „  ,  .  ir  J-    loss  of  use  of, 

insure  against  any  loss  of  or  damage  to,  or  loss  ot  use  01,  ,„otor  vehicles. 
motor  vehicles  other  than  motor  boats,  or  aircraft,  their 
fittings  or  contents,  or  against  legal  liability  for  loss  or 
damage  on  account  of  injury  to  or  death  of  any  person  or  on 
account  of  any  damage  to  property  of  another,  arising  out 
of  the  ownership,  maintenance  or  use  of  said  vehicles  or 
aircraft,  provided  it  maintains  a  surplus  to  policyholders, 
including  any  guaranty  capital,  of  not  less  than  four  hundred 
thousand  dollars. 

Section  5JfD.  Any  c-oinpany  uutliuiized  tu  transact  the  Authontyto 
kinds  of  business  specified  in  any  of  the  first,  second,  fourth,  Xi^ifk^^p" 
sbrth  or  twelftli  clauses  of  section  forty-se\'eri  may  insure,  "„j^;^|jj^^^p^ 
by  means  of  an  all-risk  type  of  poUcy  commonly  known  as  personal 

property. 


344  Acts,  1945.  —  Chap.  385. 

the  pei'sonal  property  floater,  against  any  and  all  kinds  of 
loss  of  or  damage  to,  or  loss  of  use  of,  any  individual's  per- 
sonal property  other  than  merchandise. 
Bffective  date.       SECTION  3.     This  act  shall  take  effect  on  January  first, 
nineteen  hundred  and  forty-six.       Approved  June  6,  194-5. 


Chap.SSd  An  Act  relative  to  the  filling  of  vacancies  in  the 

CITY    council   of   THE    CITY    OF   LYNN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  three  hundred  and  forty  of  the 
vSpecial  Acts  of  nineteen  hundred  and  seventeen  is  hereby 
amended  by  striking  out  section  forty-seven,  as  amended, 
and  inserting  in  place  thereof  the  following  section :  —  Sec- 
tion 41.  If  a  vacancy  occurs  in  the  office  of  mayor  prior  to 
the  last  six  months  of  his  term,  the  city  council  shall  order 
an  election  to  fill  the  same  for  the  unexpired  term;  and  if  a 
vacancy  occurs  in  the  office  of  mayor  during  the  last  six 
months  of  his  term,  the  president  of  the  city  council  shall 
succeed  thereto  for  the  remainder  of  the  term.  If  the  mayor 
is  absent  or  temporarily  unable  from  any  cause  to  perform 
his  duties  or  pending  the  election  of  a  mayor  to  fill  a  va- 
canc}',  they  shall  be  performed  by  the  president  of  the  city 
council,  who  shall  for  the  time  being  be  designated  "acting 
mayor",  and  shall  possess  the  powers  of  mayor  only  in  mat- 
ters not  admitting  of  delay,  and  shall  have  no  power  to 
make  permanent  appointments.  If  the  president  is  absent 
or  unable  to  serve,  the  city  council  shall  elect  an  acting 
mayor. 

If  a  vacancy  in  the  office  of  councilman  shall  occur  in 
the  first  twelve  months  of  the  term  for  which  councilmen 
are  elected,  it  shall  be  filled  by  an  election  by  the  voters  of 
the  whole  city  in  the  case  of  a  councilman  at  large,  or  by  an 
election  by  and  from  the  voters  of  the  ward  entitled  to  such 
representative  in  the  case  of  a  ward  councilman,  and  the 
city  council  shall  forthwith  call  a  meeting  for  a  new  election, 
but  if  such  vacancy  shall  occur  in  the  last  twelve  months  of 
the  term  for  which  councilmen  are  elected,  it  shall  be  filled 
by  the  city  council  by  a  majority  vote  of  all  its  members. 

Should  an  appointive  officer  of  the  city  be  temporarily 
unable  for  any  cause  to  perform  his  duties,  the  council  or 
the  mayor,  liaving  the  power  of  original  appointment,  may 
designate  a  temporary  appointee  to  act  until  such  officer 
shall  resume  his  duties. 

Section  2.  This  act  shall  be  submitted  for  acceptance 
to  the  registered  voters  of  the  city  of  Lynn  at  its  biennial 
municipal  election  in  the  current  year  in  the  form  of  the 
following  question,  which  shall  be  placed  upon  the  official 
ballot  to  be  used  at  said  election:  -  "Shall  an  act  of  the 
General  Court  passed  in  the  current  year,  entitled  'An  Act 
relative  to  the  Filling  of  Vacancies  in  the  City  Council  of  the 
City  of  Lynn',  be  accepted?"    If  a  majority  of  the  voters 


Acts,  1945.  —  Chaps.  386,  387,  388.  345 

voting  upon  said  question  vote  in  the  aflSrmative,  section 
one  shall  thereupon  take  full  effect,  but  not  otherwise. 

Approved  June  6,  1945. 


An  Act  authorizing   a  payment  to  the  Walter   reed  (^/^^^p  3§g 

CORPORATION   OP^  BOSTON    FOR   EMERGENCY   STORM   DAMAGE 
REPAIRS    AT    WINTHROP    SHORE    RESERVATION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  metropolitan  district  commission  is 
hereby  authorized  to  pay  to  the  Walter  Reed  Corporation  of 
Boston  the  sum  of  one  thousand,  one  hundred  and  forty-two 
dollars  and  fifteen  cents  for  emergency  storm  damage  repairs 
at  Winthrop  Shore  Reservation  in  November,  nineteen  hun- 
dred and  forty-four. 

Section  2.  For  the  aforesaid  purpose,  funds  appropri- 
ated in  the  current  year  from  the  Highway  Fund  for  the 
maintenance  of  boulevards  and  parkways  may  be  expended. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  8,  1945. 


An  Act  authorizing  the  city  of  boston  to  refund  a 

CERTAIN    license    FEE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1,  The  city  of  Boston  is  hereby  authorized  to 
refund  to  Manor  Cafe,  Inc.,  the  proportionate  amount  of  the 
fee  paid  b}^  it  for  a  license  issued  to  it  under  section  twelve 
of  chapter  one  hundred  and  thirty-eight  of  the  General  Laws 
for  the  year  nineteen  hundred  and  forty-four  based  on  the 
length  of  time  during  which  the  licensing  board  for  the  city 
is  satisfied  that  no  premises  were  open  for  business  under 
authority  of  said  license. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  8,  1945. 


Chap.387 


Chap.388 


An  Act  relative  to  the  salaries  of  court  officers  in 

attendance  UPON  THE  SUPERIOR  COURT  AND  THE  PRO- 
BATE COURT  IN  SUFFOLK  COUNTY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  two  hundred  and  twenty-one  of  the  g.  l.  (Tor. 
General  Laws  is  hereby  amended  by  striking  out  section  ftV'c^mlnLJi' 
seventy-three,  as  most  recently  amended  by  section  one  of 
chapter  four  hundred  and  forty-eight  of  the  acts  of  nineteen 
hundred  and  forty-one,  and  inserting  in  place  thereof  the 
following  section :  —  Section  73.    Each  officer  in  attendance  salary  of 
upon  the  superior  court  in  Suffolk  county  who  is  appointed  of^cere  *'°'^'^* 
under  section  seventy  shall  receive  from  said  county  in  full 
for  all  services  performed  by  him  such  salary  as  shall  be 
fixed  by  the  justices  of  said  court,  with  the  approval  of 


346  Acts,  1945.  —  Chaps.  389,  390. 

the  justices  of  the  supreme  judicial  court.  Each  officer  in 
a,ttendaDce  upon  the  supreme  judicial  court  in  said  county 
shall  receive  in  full  for  all  services  performed  by  him  such 
salary  as  shall  be  fixed  by  the  justices  of  the  supreme  judicial 
court  of  which  salary  five  hundred  and  twenty-eight  dollars 
shall  be  paid  by  the  commonwealth  and  the  remainder  by 
said  county.  Each  officer  in  attendance  upon  the  probate 
court  in  said  county  shall  receive  in  full  for  all  services  per- 
formed by  him  such  salary  as  shall  be  fixed  by  the  judges  of 
said  court,  with  the  approval  of  the  justices  of  the  supreme 
judicial  court, 
EdV'  ''?f '^'  Section  2.     Section  seventy-three  A  of  said  chapter  two 

§73Aretc.,       hundred  and  twenty-one,  as  amended  by  section  two  of 
repealer!.  g^j^  chapter  four  hundred  and  forty-eight,  is  hereby  repealed. 

Section  3.  Salaries  of  court  officers  in  attendance  upon 
the  superior  court  and  the  probate  court  in  Suffolk  county, 
referred  to  in  section  one  of  this  act,  in  force  on  the  effective 
date  thereof,  shall  continue  in  force  until  fixed  by  the  justices 
or  judges  of  such  court  as  provided  by  said  section  one. 

Approved  June  8,  19Jf5. 


C}iap.SS9  An  Act  relative  to  changing  districts  established  by 

THE  department  OF  PTTBLIC  WORKS  IN  CONNECTION   WITH 
ITS    LABOR    SERVICE. 

Be  it  enacted,  etc.,  as  follows: 
G- L.  (Ter  Scction  eighteen  A  of  chapter  thirty-one  of  the  General 

etc!,  amended.'  Laws,  inserted  by  section  four  of  chapter  six  hundred  and 
twenty-seven  of  the  acts  of  nineteen  hundred  and  forty-one, 
is  hereby  amended  by  adding  at  the  end  the  following  sen- 
tence :  —  Districts  so  established  shall  not  be  changed  unless 
written  notice  of  the  change,  stating  the  reasons  therefor, 
is  sent  to  the  director  at  least  six  months  prior  to  the  effec- 
tive date  of  such  change,  —  so  as  to  read  as  follows:  — 
Persons  in         Sectiou  18 A.     Pcrsous  certified  to  fill  positions  in  the  labor 
to  be  certified    scrvicc  of  the  statc  department  of  public  works  shall  be 
d?sTr^ot8.^  *"      certified  according  to  districts,  to  be  established  by  the  state 
department  of  public  works.     Districts  so  established  shall 
not  be  changed  unless  written  notice  of  the  change,  stat- 
ing the  reasons  therefor,  is  sent  to  the  director  at  least  six 
months  prior  to  the  effective  date  of  such  change. 

Approved  June  8,  1945. 


Chap. 390  An  Act  relative  to  the  holding  of  property  by  the 

MASSACHUSETTS  STATE  COLLEGE  BUILDING  ASSOCIATION 
AND  THE  LEASING  OF  CERTAIN  STATE  LAND  TO  SAID  COR- 
PORATION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Massachusetts  State  College  Building  Asso- 
ciation, incorporated  by  section  one  of  chapter  three  hun- 
dred and  eighty-eight  of  the  acts  of  nineteen  hundred  and 


Acts,  1945.  —  Chap.  391.  347 

thirty-nine,  is  hereby  authorized  to  hold,  for  the  purposes 
set  forth  in  said  chapter,  real  and  personal  estate  to  an 
amount  not  exceeding  five  hundred  and  fift}^  thousand  dol- 
lars, in  addition  to  the  amount  of  real  and  personal  estate 
which  may  be  held  by  said  corporation  under  authority  of 
said  chapter. 

Section  2.  The  trustees  of  the  Massachusetts  state  col- 
lege may,  in  the  name  of  and  for  the  commonwealth,  lease 
to  said  corporation  an  acre  of  land  in  Amherst  or  Hadley 
owned  by  the  commonwealth,  for  the  erection  and  main- 
tenance of  dormitories,  commons  and  other  buildings  for  the 
use  of  said  college  or  its  students.  The  land  hereby  author- 
ized to  be  leased  to  said  corporation  shall  be  in  addition  to 
that  authorized  to  be  leased  by  section  six  of  said  chapter 
three  hundred  and  eighty-eight,  but  nothing  in  this  section 
shall  be  construed  as  limiting  or  restricting  the  powers  con- 
ferred upon  said  trustees  by  said  section  six  with  respect  to 
the  leasing  of  lands  by  them  to  said  corporation. 

Approved  June  8,  1945. 


An  Act  relative  to  indemnification  of  certain  public  (JJiqj)  391 
employees   for   damages   stjstained   through   opera- 

TION    of    certain    publicly    owned   VESSELS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  one  hundred  A  of  chapter  forty-one  g.  l.  (Ter. 
of  the  General  Laws,  as  most  recently  amended  by  section  F'looA^etc 
three  of  chapter  two  hundred  and  ninety-one  of  the  acts  of  amended, 
nineteen  hundred  and  thirtj^-four,  is  hereby  further  amended 
by  inserting  after  the  word  "vehicle"  in  the  tenth  line  the 
words :  - —  or  vessel,  —  so  as  to  read  as  follows :  —  Section  indemnifica- 
lOOA.    A  city  which  accepts  this  section  by  vote  of  its  city  ^^°^°^^^^ 
council  subject  to  the  provisions  of  its  charter,  or  a  town  employees. 
which  accepts  the  same  b}^  vote  of  its  inhabitants  at  an 
annual  town  meeting,  may,  after  an  appropriation  has  been 
made  therefor,  indemnify  an  officer  or  employee  thereof  for 
expenses  or  damages  incurred  by  him  in  the  defence  or  settle- 
ment of  a  claim  against  him  for  bodily  injuries,  including 
death  at  any  time  resulting  therefrom,  or  for  damage  to 
property,  arising  out  of  the  operation  of  a  motor  or  other 
vehicle  or  vessel  owned  by  such  city  or  town,  to  an  amount 
not  exceeding  five  thousand  dollars  on  account  of  injury  to 
or  death  of  one  person,  and  not  exceeding  one  thousand 
dollars  on  account  of  damage  to  property;    provided,  that 
after  investigation  it  shall  appear  to  the  mayor  or  selectmen 
that  such  officer  or  employee  was  at  the  time  the  claim  arose 
acting  within  the  scope  of  liis  official  duties  or  employment, 
and  provided,   further,  that  the  defence  or  settlement  of 
such  claim  shall  have  been  made  by  the  city  solicitor  or  the 
town  counsel,  or,  if  the  town  has  no  town  counsel,  by  an 
attorney  employed  for  the  purpose  by  the  selectmen,  upon 
tlie  request  of  said  officer  or  emplo3'ee  and  at  the  direction 


348 


Acts,  1945.  —  Chap.  392. 


r;.  L.  (Tpr. 
Kd.),  40,  §  5, 
etc.,  amended. 


.\|)iiroi)rJatii)iis 
by  munici- 
palities to  pay 
I'ost  of  surety 
bonds  on  cer- 
tain officers. 


of  the  mayor  or  selectmen.  This  section  shall  not  apply  in 
respect  to  so  much  of  a  claim  against  an  officer  or  employee 
as  is  covered  by  a  policy  of  insurance  effected  by  the  city  or 
town  under  clause  (1)  of  section  five  of  chapter  forty. 

Section  2.  Clause  (1)  of  section  five  of  chapter  forty 
of  the  General  Laws,  as  most  recently  amended  by  chapter 
nineteen  of  the  acts  of  nineteen  hundred  and  thirty-nine,  is 
hereby  further  amended  b.y  inserting  after  the  word  "vehi- 
cles" in  the  fourteenth  line  the  words:  —  or  vessels,  —  so  as 
to  read  as  follows :  — 

(1)  To  pay  a  proper  charge  of  an  insurance  company  for 
acting  as  surety  on  the  official  bond  of  any  town  officer, 
to  pay  a  proper  charge  for  effecting  insurance  providing  in- 
demnity for  or  protection  to  a  town  treasurer  or  a  town 
collector  of  taxes  against  his  liability  for  the  loss,  without 
fault,  connivance  or  neglect  on  his  part,  of  money  for  which 
he  is  accountable  to  the  town,  or  to  pay  a  proper  charge  for 
effecting  insurance  providing  indemnity  for  or  protection  to 
any  officer  or  employee  of  the  town  against  loss  by  reason 
of  his  liability  to  pay  damages  to  others  for  bodily  inju- 
ries, including  death  at  any  time  resulting  therefrom,  or  for 
damage  to  property,  caused  by  the  operation,  within  the 
scope  of  his  official  duties  or  employment,  of  motor  or  other 
vehicles  or  vessels  owned  by  the  town,  to  an  amount  not 
exceeding  five  thousand  dollars  on  account  of  injury  to  or 
death  of  one  person,  and  not  exceeding  one  thousand  dollars 
on  account  of  damage  to  propertj'^,  or  to  pay  a  proper  charge 
for  effecting  insurance  providing  indemnity  for  or  protection 
to  any  of  the  officers  or  employees  of  the  town  named  in 
section  one  hundred  of  chapter  forty-one  against  loss  by 
reason  of  any  expenses  or  damages  within  the  provisions  of 
the  said  section. 

Section  3.  The  provisions  inserted  in  section  one  hun- 
dred A  of  chapter  forty-one  of  the  General  Laws  by  section 
one  of  this  act  shall  apply  only  to  causes  of  action  arising 
after  the  effective  date  of  this  act. 

Approved  June  8,  1945. 


Ch(ip.392  A^  -^CT  PROVIDING  FOR  THE  ESTABLISHMENT  AND  TEMPO- 
RARY MAINTENANCE  IN  THE  DEPARTMENT  OF  AGRICTTLTTTRE 
OF  A  FARM-AID  BTTREAIT,  FOR  THE  BENEFIT  OF  CERTAIN 
WAR    VETERANS. 

Be  it  enacted,  etc.,  as  foUoivs: 

There  is  hereby  established  in  the  department  of  agricul- 
ture a  farm-aid  bureau  which  shall  be  maintained  for  the 
purpose  of  furnishing,  in  co-operation  with  the  extension 
service  at  the  Massachusetts  state  college  and  war  veterans' 
organizations,  information,  advice  and  assistance  to  Massa- 
chusetts war  veterans  desirous  of  engaging  in  farming. 
Said  bureau  shall  be  in  charge  of  the  commissioner  of  agri- 
culture, who  shall  administer  its  affairs. 

Approved  June  8,  1945. 


Acts,  1945.  —  Chap.  393.  349 

An  Act  changing  the  title  of  the  office  of  commis-  ("7^077  398 
signer  of  veterans  aid  and  pensions  to  commisstoner 

OF    veterans'    SERVICES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  seventeen  of  chapter  six  of  the  Gen-  Q-  l  (Ter. 
eral  Laws,  as  most  recently  amended  by  section  one  of  ^u-':,' amended. 
chapter  three  hundred  and  ninet\^-three  of  the  acts  of  nine- 
teen hundred  and  thirty-nine,  is  hereby  furtlier  amended  by 
striking  out,  in  the  third  Hne,  the  words  "state  aid  and 
pensions"  and  inserting  in  place  thereof  the  words:  —  vet- 
erans'  services,  —  so   as  to  read   as  follows:  —  Section  17.  [^"serw.'undt? 
The  armory  commission,  the  art  commission,  the  commis-  governor  ami 
sion   on  administration  and   finance,   the  commissioner  of  '"""''  • 
veterans'  services,  the  commissioners  on  uniform  state  laws, 
the  public  bequest  commission,  the  state  ballot  law  com- 
mission,  the  board  of  trustees  of  the  Soldiers'   Home  in 
Massachusetts,    the    milk   regulation    board,    the    alcoholic 
beverages  control  commission,  the  state  planning  board,  the 
trustees  of  the  state  library,  the  state  racing  commission, 
the  Greylock  reservation  commission  and  the  Massachusetts 
aeronautics  commission  shall  serve  under  the  governor  and 
council,  and  shall  be  subject  to  such  supervision  as  the 
governor  and  council  deem  necessary  or  proper. 

Section  2.  Section  twenty-two  of  said  chapter  six,  as  g.  l.  (Ter. 
most  recently  amended  by  section  one  of  chapter  four  eu-.,''lmmdi'd. 
hundred  and  fifty-five  of  the  acts  of  nineteen  hundred  and 
forty-three,  is  hereby  further  amended  by  striking  out,  in 
the  heading  and  in  the  second  Hne,  the  words  "veterans  aid 
and  pensions"  and  inserting  in  place  thereof,  in  each  in- 
stance, the  words :  —  veterans'  services,  —  so  that  the  liead- 
ing  and  section  will  read  as  follows :  — 


commissioner  of  veterans    services. 
Section  22.    There  shall  be  an  officer  to  be  known  as  the  Commissioner 

of  Vetera 
services. 


commissioner  of  veterans'  services,  who  shall  be  appointed  of  veterans 


by  the  governor,  with  the  advice  and  consent  of  the  council, 
for  three  years,  at  such  salary,  not  exceeding  fifty-five  hun- 
dred dollars,  as  the  governor  and  council  shall  determine. 
He  shall  devote  his  whole  time  to  the  duties  of  his  office. 
He  shall  be  state  agent  for  the  settlement  of  pension,  bounty, 
back  pay,  compensation  and  other  claims  of  citizens  of  the 
commonwealth  against  the  government  of  the  United  States. 
or  of  any  state  thereof,  on  account  of  military  or  naval 
service,  and  he  shall  assist  and  advise  war  veterans,  and 
their  dependents,  heirs  or  legal  representatives,  with  respect 
to  the  filing,  prosecution  and  settlement  of  such  claims. 

Section  3.     Section  twenty-four  of  said  chapter  six,  as  EjV-^^r24 
most  recently  amended  by  section  two  of  said  chapter  four  etcVumenaeli. 
hundred  and  fifty-five,  is  hereby  further  amended  by  strik- 
ing out,  in  the  third  and  fourth  lines,  the  words  "veterans 
aid  and  pensions"  and  inserting  in  place  thereof  the  words: 


350 


Acts,  1945.  —  Chap.  393. 


Deputy  com- 
miesioner.  etc. 


G.  L.  (Ter. 
Ed.).  C,  §  28A, 
etc.,  amended. 


Public  be<iuest 
commission. 


G.  L.  (Ter. 
Ed.),  -.is,  §  09, 
clc,  amended. 


State  surgeon. 


G.  L.  (Ter. 
Ed.),  60,  §  18, 
amended. 


—  veterans'  services,  —  so  as  to  read  as  follows:  —  iSection 
24'  The  governor,  with  the  advice  and  consent  of  the 
council,  shall  appoint  a  deputy  and  a  second  deputy  com- 
missioner of  veterans'  services  for  three  years,  who  shall 
devote  their  whole  time  to  the  duties  of  their  offices.  They 
shall  be  subject  to  the  direction  and  control  of  said  commis- 
sioner. The  deput}^  commissioner,  or  in  case  of  a  vacancy 
in  his  ofhce  or  in  his  absence  or  disability  the  second  deputy 
commissioner,  shall  perform  the  duties  of  said  commissioner 
during  his  absence  on  account  of  disability  or  other  cause. 

Section  4.  Section  twenty-eight  A  of  said  chapter  six, 
as  most  recently  amended  by  section  one  of  chapter  two 
hundred  and  eight  of  the  acts  of  nineteen  hundred  and 
thirty-four,  is  hereby  further  amended  by  striking  out,  in 
the  fourth  line,  the  words  "state  aid  and  pensions"  and 
inserting  in  place  thereof  the  words :  —  veterans'  services,  — 
and  by  striking  out,  in  the  last  line,  the  words  "the  four 
following  sections"  and  inserting  in  place  thereof  the  words: 

—  sections  twenty-eight  B  to  twenty-eight  E,  inclusive,  — 
so  as  to  read  as  follows :  —  Section  28 A .  There  shall  be  a 
public  bequest  commission,  consisting  of  the  commissioner 
of  corporations  and  taxation,  the  state  treasurer  and  the 
commissioner  of  veterans'  services,  ex  officiis.  Said  officials 
shall  receive  no  additional  compensation  for  such  service, 
but,  with  the  approval  of  the  governor  and  council,  may 
employ  and  remove  such  assistants  and  fix  their  salaries, 
and  may  incur  such  other  expenses,  as  may  be  necessary  to 
render  effective  the  provisions  of  this  and  sections  twenty- 
eight  B  to  twenty-eight  E,  inclusive. 

Section  5.  Subdivision  (a)  of  section  sixty-nine  of  chap- 
ter thirty-three  of  the  General  Laws,  as  appearing  in  sec- 
tion one  of  chapter  four  hundred  and  twenty-five  of  the 
acts  of  nineteen  hundred  and  thirty-nine,  is  hereby  amended 
by  striking  out,  in  the  ninth  line,  the  words  "state  aid  and 
pensions"  and  inserting  in  place  thereof  the  words:  —  veter- 
ans' services,  —  so  as  to  read  as  follows: —  (a)  There  shall 
be  a  state  surgeon  who,  under  the  direction  of  the  adjutant 
general,  shall  have  general  supervision  and  control  of  all 
matters  pertaining  to  the  medical  department  of  the  organ- 
ized militia  and  shall  purchase  and  issue  all  medical  and 
hospital  supplies.  Except  when  ordered  on  dutj^  under  sec- 
tions eleven,  seventeen,  eighteen,  nineteen  or  one  hundred 
and  five,  the  state  surgeon  shall  receive  a  salary  of  fifteen 
hundred  dollars.  For  services  rendered  to  the  commissioner 
of  veterans'  services  in  cases  of  state  or  military  aid  and 
soldiers'  relief  he  may  receive  such  compensation,  not  ex- 
ceeding twelve  hundred  dollars  per  annum,  as  said  com- 
missioner shall  approve. 

Section  6.  Section  eighteen  of  chapter  sixty-six  of  the 
General  Laws,  as  appearing  in  the  Tercentenary  Edition,  is 
hereby  amended  by  striking  out,  in  the  third  line,  the  words 
"state  aid  and  pensions"  and  inserting  in  place  thereof  the 
words :  —  veterans'  services,  —  so  as  to  read  as  follows :  — 


Acts,  1945.  —  Chaps.  394,  395.  351 

Section  18.     This  chapter  shall  not  apply  to  the  records  of  Apijiication 
the  general  court,  nor  shall  declarations,  affidavits  and  other' HnntH.**"^ 
papers  filed  by  claimants  in  the  office  of  the  commissioner 
of  veterans'  services,  or  records  kept  by  him  for  reference  by 
the  officials  of  his  office,  be  public  records. 

Section  7.     Section   one   of   chapter  one   hundred   and  EdViis^s 
fifteen  of  the  General  Laws,  as  amended  by  section  three  etc;,'aiiiemipfi'. 
of  chapter  four  hundred  and  fifty-five  of  the  acts  of  nine- 
teen hundred  and  forty-three,  is  hereby  further  amended 
by  striking  out  the  paragraph  defining  "Commissioner"  and 
inserting  in  place  thereof  the  following  paragraph :  — 

"Commissioner",  commissioner  of  veterans'  services.         "Commis- 
Section  8.     When  used  in  any  statute,  ordinance,  by-  f,'°fl®'"j' 
law,  rule  or  regulation  the  phrases  "commissioner  of  state  *""*'■ 
aid  and  pensions"  or  "commissioner  of  veterans  aid  and 
pensions",  or  any  words  connoting  the  same,  shall  mean 
the  commissioner  of  veterans'  services. 

Approved  June  8,  1945. 


An  Act  to  facilitate  the  report  of  material  facts  in  (Jhnij  QQ4 

PROCEEDINGS    IN    EQUITY.  '  ' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  two  hundred  and  fourteen  of  the  o.  l.  (Ter 
General  Laws  is  hereby  amended  by  striking  out  section  ^^^\l-Jlf  ^  -■'• 
twentj^-three,  as  appearing  in  the  Tercentenary  Edition,  and     ' 
inserting  in  place  thereof  the  following  section :  —  Section  Report  of 
23.    The  justice  of  either  court  by  whom  a  decree  was  made,  '*"'*'' 
if  a  written  request  bj-  any  party  entitled  to  appeal  there- 
from is  filed  in  the  office  of  the  clerk  of  such  court  within 
four  days  after  such  party  has  been  notified  of  the  entry  of 
the  decree,  shall  report  the  material  facts  found  by  him 
within  thirty  days  after  the  filing  of  the  request  as  aforesaid 
or  within  such  further  time  as  the  chief  justice  of  such  court 
may  grant,   upon  written  request  by  such  justice  within 
said  thirty  day  period;    provided,  that  where  such  decree 
is  entered  upon  an  order  made  by  a  justice  other  than  the 
one  entering  the  decree,  such  other  justice  shall  make  the 
report  of  material  facts  requested  under  this  section.     If  no 
request  for  a  report  of  material  facts  is  so  filed,  such  report 
shall  be  in  the  discretion  of  the  justice. 

Section  2.     This  act  shall  take  effect  on  October  first  in  loefertive  date. 
the  current  year.  Approved  June  8,  1945. 


An  Act  relative  to  the  establishment  by  the  boston  (^fifcjj  395 

ELEVATED  RAILWAY  COMPANY  OF  INCLOSED  AREAS,  STA- 
TIONS OR  SHELTERS  FOR  THE  CONVENIENT  TRANSFER  OF 
PASSENGERS. 

Be  it  enacted,  etc.,  as  foUoivs: 

Section  1.  Part  III  of  chapter  three  hundred  and  seventy- 
three  of  the  Special  Acts  of  nineteen  hundred  and  seventeen 
is  hereby  amended  by  striking  out  sections  six  to  eight,  in- 


352  Acts,  1945.  —  Chap.  395. 

elusive,  and  inserting  in  place  thereof  the  three  following 
sections :  —  Section  6.  The  company  may,  to  the  extent 
and  in  the  manner  which  the  department  of  public  utilities, 
after  notice  and  a  public  hearing,  may  approve,  establish  in 
and  upon  public  and  private  ways  and  lands,  in  connection 
with  any  line  of  motor  buses,  trackless  trolley  vehicles  or 
street  railway  cars,  or  terminals  therefor,  or  in  connection 
with  any  elevated  railway,  subway  or  other  rapid  transit 
station  or  terminal,  now  or  hereafter  owned,  leased  or  oper- 
ated by  it,  suitable  inclosed  areas,  stations  or  shelters,  with 
approaches,  tracks,  poles,  wires  and  other  structures  and 
connections  with  existing  stations,  terminals,  tracks  and 
wires,  all  hereinafter  called  appurtenances,  for  the  convenient 
transfer  of  passengers  between  such  motor  buses,  trackless 
trolley  vehicles,  street  railway  cars,  terminals  and  stations 
or  between  any  of  them;  but  the  work  of  construction  thereof 
shall  not  be  begun  before  plans  shall  have  been  approved  b}^ 
said  department  showing  the  general  form  and  method  of 
construction,  the  extent  to  which  any  public  or  private  way 
or  land  is  to  be  occupied,  and  the  extent  to  which  public 
ways  or  places  are  to  be  laid  out,  widened,  altered  or  dis- 
continued. Any  plan  so  approved  may  be  altered  by  a  new 
plan  approved  in  like  manner. 

Section  7.  For  the  purposes  of  section  six,  the  company 
may,  but  only  with  the  approval  of  the  department  of  pub- 
lic utilities  as  aforesaid,  use  public  ways  without  paying 
compensation  therefor,  and  may  lease,  purchase  or  other- 
wise take  lands  in  fee  or  easements  or  other  rights  in  land 
outside  the  limits  of  public  ways  or  parks.  Any  such  tak- 
ing shall  be  made  during  the  period  of  public  management 
and  operation  of  the  company  by  an  order  of  the  board  of 
trustees  of  the  company,  or  thereafter  by  an  order  of  its 
board  of  directors,  and  the  recording  of  a  copy  of  such  order 
in  the  registry  of  deeds  in  accordance  with  the  provisions  of 
chapter  seventy-nine  of  the  General  Laws.  Said  department 
shall  have  jurisdiction  over  petitions,  awards  and  security 
for  damages  under  sections  seven  and  forty  of  said  chapter 
seventy-nine.  Any  taking  under  this  act,  in  fee  or  other- 
wise, may  be  made  whether  the  lands  taken  or  affected 
are  held  by  title  derived  under  eminent  domain  or  other- 
wise. 

In  connection  with  the  establishment  of  any  such  area, 
station  or  shelter  or  its  appurtenances,  or  to  increase  the 
convenience  of  public  ways  near  the  same,  said  department, 
in  the  name  of  the  commonwealth  and  in  accordance  with 
any  plan  approved  as  above  provided,  may  lay  out,  widen, 
alter  or  discontinue  public  ways  or  places  or  change  the 
grade  thereof,  by  causing  to  be  recorded  in  the  registry  of 
deeds  for  the  county  in  which  the  way  or  place  is  situated  a 
copy  of  the  order  of  the  department  containing  a  description 
of  the  act  of  the  department  in  relation  thereto,  as  certain 
as  is  required  in  a  common  conveyance  of  land,  signed  by 
a  majority  of  the  department.     The  work  of  any  such  lay- 


Acts,  1945.  —  Chap.  396.  353 

ing  out,  widening,  alteration,  discontinuance  or  change  of 
grade  shall  be  performed  by  the  company. 

The  company  shall  pay  all  damages  occasioned  by  Siny 
such  taking  or  by  the  construction,  except  upon  or  in  public 
ways,  of  any  such  area,  station  or  shelter  or  its  appurte- 
nances, or  by  the  laying  out,  alteration,  widening  or  discon- 
tinuance of  any  public  way  or  place  or  change  of  the  grade 
thereof  by  the  department  under  authority  of  this  act,  and 
the  same  may  be  recovered  upon  the  petition  of  any  party 
in  interest  against  the  company  in  the  manner  provided  for 
the  recovery  of  damages  for  the  taking  of  land  in  said  chap- 
ter seventy-nine,  except  as  aforesaid. 

Section  8.  With  the  approval  of  the  department  of  pub- 
lic utilities,  the  company  may  remove  any  tracks,  conduits, 
pipes,  wires,  poles  or  other  property  located  in  public  ways 
or  places  which  it  may  deem  to  interfere  with  the  construc- 
tion or  operation  of  any  such  area,  station  or  shelter  or  its 
appurtenances,  and  shall  relocate  and  reconstruct  the  same 
in  new  locations  to  be  granted  by  said  department  so  far  as 
the  department  may  deem  such  relocation  practicable.  No 
such  discontinuance,  removal  or  reconstruction  shall  entitle 
the  owner  of  the  property  thus  affected  to  recover  any  dam- 
ages or  compensation  therefor.  Any  gas  or  electric  lighting 
company  shall  shut  off  the  gas  or  current  from  any  pipes  or 
wires  afTected  by  any  action  done  hereunder,  when  and  so 
far  as  may  be  necessary  to  avoid  public  danger. 

Said  department  may  grant  such  locations  for  tracks, 
poles,  wires  and  incidental  railway  structures  in  or  upon 
public  ways  or  lands  as  may  be  required  for  the  purposes  of 
this  act,  and  may  alter  or  revoke  the  same. 

The  company  shall  indemnify  the  cities  or  towns  in  which 
such  areas,  stations  or  shelters  or  their  appurtenances  are 
established  against  all  liability  for  damages  arising  out  of 
the  work  authorized  by  this  act  upon  notice  of  any  claim 
therefor  and  opportunity  to  defend  against  the  same. 

Nothing  in  this  act  contained  shall  be  construed  to  au- 
thorize the  occupation  of  any  part  of  Boston  Common. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  June  8,  1945. 


An  Act  further  regulating  the  registration  of  quali-  (7/?a77.396 

FIED   PHYSICIANS. 

Whereas,  The  deferred  operation  of  this  act  would  tend  to  Emergency 
defeat  its  purpose,  which  in  part  is  to  provide  that  hearings  preamble, 
before  the  approving  authority,  so  called,  relative  to  colleges, 
universities  and  medical  schools,  shall  be  held  as  soon  as 
may  be  by  said  approving  authority,  as  reconstituted  by 
this  act,  rather  than  by  said  approving  authoritj^  as  now 
constituted,  therefore  this  act  is  hereby  declared  to  be  an 
emergency  law,  necessary  for  the  immediate  preservation  of 
the  public  convenience. 


354 


Acts,  1945. —  Chap.  396. 


G.  L.  (Tcr. 
Ed.),  112.  §  2. 
etc.,  amended. 


etc.,  of 
physicians. 


G.  I-.  (Tor. 
Ed.),  112,  §  2, 
etc.,  further 
amended. 


Registration, 
etc.,  of 
physicians. 


J^e  it  enacted,  etc.,  as  follotvs: 

Section  1.  Section  two  of  chapter  one  hundred  and 
twelve  of  the  General  Laws  is  herebj'  amended  by  striking 
out  the  second  sentence,  as  appearing  in  section  thirty-seven 
of  chapter  foui'  hundred  and  fifty-one  of  the  acts  of  nineteen 
hundred  and  thirty-nine,  and  inserting  in  place  thereof  the 
three  following  sentences :  —  Each  applicant  who  shall  fur- 
nish the  board  with  satisfactory  proof  that  he  is  twenty- 
one  or  over  and  of  good  moral  cliaracter,  that  he  possesses 
the  educational  qualifications  required  for  graduation  from 
a  public  high  school,  that  he  has  completed  two  years  of 
pre-medical  collegiate  work,  including  physics,  chemistiy 
and  biology,  in  a  college  or  university  approved  by  a  body 
constituted  as  provided  in  this  section  and  herein  referred 
to  as  the  approving  authority,  that  he  has.  attended  courses 
of  instruction  for  four  years  of  not  less  than  thirty-two  school 
weeks  in  each  year,  or  courses  which  in  the  opinion  of  the 
board  are  equivalent  thereto,  in  one  or  more  legally  chartered 
medical  schools,  and  that  he  has  received  the  degree  of 
doctor  of  medicine,  or  its  equivalent,  from  a  legally  chartered 
medical  sciiool  having  the  power  to  confer  degrees  in  medi- 
cine and  approved  by  the  approving  authorit}',  shall,  upon 
payment  of  twentj^-five  dollars,  be  examined,  and  if  found 
qualified  by  the  board,  be  registered  as  a  qualified  phj^sician 
and  entitled  to  a  certificate  in  testimony  thereof,  signed  by 
the  chairman  and  secretary.  Said  body  shall  consist  of  the 
secretary  of  tlie  board,  the  commissioner  of  education,  the 
commissioner  of  public  health,  an  osteopathic  member  of 
the  board  or,  if  there  be  none  on  the  board,  then  a  qualified 
osteopathic  physician  who  shall  be  a  graduate  of  a  school 
approved  by  the  American  Osteopathic  Association  and  by 
the  approving  authority,  and  a  layman.  If  at  any  time  there 
is  no  osteopathic  member  of  the  board  the  governor,  with 
the  advice  and  consent  of  the  council,  shall  appoint  to  said 
approving  authority  an  osteopathic  physician  qualified  as 
aforesaid,  who  shall  serve  until  such  time  as  there  is  an  osteo- 
pathic member  of  the  board,  but  not  in  any  event  for  more 
than  three  years.  The  layman  member  of  the  board  shall 
be  appointed  by  the  governor,  with  the  advice  and  consent 
of  the  council,  for  tlie  term  of  three  years. 

Section  2.  Said  section  two  of  said  chapter  one  hundred 
and  twelve  is  hereby  further  amended  by  striking  out  the 
paragraph  contained  in  the  seventj^-second  to  the  ninety- 
third  lines,  inclusive,  as  appearing  in  said  section  thirty- 
seven,  and  inserting  in  place  thereof  the  following  para- 
graph :  — 

Any  college,  university  or  medical  school  desiring  to  be 
approved  for  the  purposes  of  this  section  may  file  with  the 
approving  authority  a  written  request  for  the  approval  of 
such  college,  university  or  medical  school,  and  thereupon  a 
public  hearing  shall  be  seasonably'  granted  by  the  approving 
authority  and  a  written  decision  made  by  it  within  twenty 
days  after  the  termination  of  such  hearing.     The  applicant 


Acts,  1945.  —  Chap.  397.  '  355 

for  such  approval  shall  be  notified  forthwith  in  writing  of 
such  decision  and,  if  such  college,  university  or  medical 
school  is  not  approved  by  the  approving  authority  for  the 
purposes  of  this  section,  it  shall  forthwith  be  notified  in 
writing  what  steps  it  must  take  in  order  to  gain  the  approval 
of  the  approving  authority.  A  written  decision  of  the  ap- 
proving authorit}'  refusing  to  approve  any  college,  univer- 
sity or  medical  school  shall  not  become  effective  until  thirty 
days  after  written  notice  of  such  decision  is  given  to  the  col- 
lege, universit}^  or  medical  school  seeking  such  approval. 
Every  such  college,  university  or  medical  school  aggrieved 
by  such  refusal  shall  have  the  right  to  file  a  petition  in  the 
superior  court  for  Suffolk  county  to  revise  or  reverse  the  de- 
cision of  the  approving  authority.  Notice  of  tlie  entry  of 
such  petition  shall  be  given  to  the  secretary  of  tlie  board  of 
registration  in  medicine  and  all  proceedings  connected  there- 
with shall  be  according  to  rules  regulating  the  trial  of  civil 
causes  without  juries.  The  court  shall  hear  the  case  and 
finally  determine  whether  or  not  such  approval  shall  be 
granted  or  revised. 

Section  3.     Section  two  A  of  said  chapter  one  hundred  «.  l.  crcr. 
and  twelve  of  the  General  Laws,  as  appearing  in  the  Ter-  f,f,en(ipd.'  ^  '^'^' 
centenar}'  Edition,  is  hereby  amended   b\'  inserting  after 
the  word  "Columbia"  in  the  fourth  line  the  words:  —  ,  or 
the  certificate  of  the  National  Board  of  Examiners  for  Osteo- 
pathic Phj^sicians  and  Surgeons  of  the  American  Osteopathic 
Association,  —  so  as  to  read  as  follows:  —  Section  2 A.     In  Board  mkiv 
determining  the  qualifications  necessary''  for  registration  as  ci^e^inHcuuf 
a  qualified  physician,  the  board  may  at  its  discretion  accept  examination, 
the  certificate  of  the  National  Board  of  Medical  Examiners  ^'■'^■ 
of  the  United  States,  chartered  under  the  laws  of  the  District 
of  Columbia,  oi*  the  certificate  of  the  National  Board  of 
Examiners  for  Osteopathic  Physicians  and  Surgeons  of  the 
American  Osteopathic  Association,  in  place  of  and  as  equiva- 
lent to  its  own  professional  examination;  but  before  registra- 
tion in  pursuance  of  this  section  the  applicant  therefor  shall 
pay  a  fee  of  twenty-five  dollars.        Approved  June  8,  194d. 

An  Act  relative  to  attorneys'  liens.  (Uian  397 

He  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  two  hundred  and  twenty-one  of  the  g.  l.  (Tw-. 
General  Laws  is  hereby  amended  by  striking  out  section  ^ri'ekcn  oul '^"' 
fifty,  as  appearing  in  the  Tercentenary  Edition,  and  insert-  :uKi§§.5o, 
ing  in  place  thereof  the  three  following  sections :  —  Section  inserted.      ' 
50.      From    the    authorized    commencement   of   an    action.  Attorney's  lier, 
counterclaim  or  other  proceeding  in  any  court,  or  appear- 
ance in  any  proceeding  before  any  state;  or  federal  depart- 
ment, board  or  commission,  the  attorney  who  appears  for  a 
client  in  such  proceedhig  shall  have  a  lien  for  his   reasonable 
fees  and  expenses  upon  his  client's  cause  of  action,  counter- 
claim or  claim,  upon  the  judgment,  decree  or  other  order  in 
his  client's  favor  entered  or  mad(;  in  such  proceeding,  and 


fijdc  fees.  etc.. 


356 


Acts,  1945.  —  Chap.  398. 


Discharge 
from  liability 
on  account  of 
any  attorney's 
liens,  etc. 


Court  to 

determine 

claims. 


G.  L.  (Ter. 
Ed.),  60,  §  93, 
etc.,  amended. 


Collector's 
rights  not 
affected. 


Effective  date. 


upon  the  proceeds  derived  therefrom.  Upon  request  of  the 
cHent  or  of  the  attorney,  the  court  in  which  the  proceeding 
is  pending  or,  if  the  proceeding  is  not  pending  in  a  court, 
the  superior  court,  may  determine  and  enforce  the  lien; 
provided,  that  the  provisions  of  this  sentence  shall  not  apply 
to  any  case  where  the  method  of  the  determination  of  at- 
torneys' fees  is  otherwise  expressly  provided  by  statute. 

Section  50 A.  Payment  by  the  commonwealth  or  by  any 
political  subdivision  thereof  to  a  client  in  full  or  in  settle- 
ment of  any  claim,  counterclaim,  cause  of  action,  judgment, 
execution,  order  or  decree  shall  discharge  the  commonwealth 
or  such  political  subdivision  from  all  liability  on  account 
of  any  attorney's  liens  thereon  or  on  the  proceeds  derived 
therefrom  unless  the  state  treasurer  or  the  treasurer  of  such 
political  subdivision,  as  the  case  may  be,  has  received  written 
notice  from  an  attorney  having  a  lien  under  section  JBfty 
that  he  claims  such  lien. 

Section  SOB.  The  court  shall  determine  all  claims  in  a 
.summary  manner,  but  without  abridging  the  right  of  trial 
by  jury  as  guaranteed  by  the  constitution. 

Section  2.  Section  ninety-three  of  chapter  sixty  of  the 
General  Laws,  as  amended  by  chapter  one  hundred  and 
ninety-nine  of  the  acts  of  nineteen  hundred  and  forty-three, 
is  hereby  further  amended  by  striking  out  the  last  sentence 
and  inserting  in  place  thereof  the  following  sentence :  —  The 
collector's  rights  under  this  section  shall  not  be  affected  by 
any  assignment  or  trustee  process  or  attorney's  lien. 

Section  3.  This  act  shall  take  efTect  on  September  first 
of  the  current  year.  Approved  June  8,  1945. 


C/? (77?, 398  An  Act  providino  that  the  trustees  of  the  county 

tuberculosis  hospital  within   the   county   op   BRISTOL 
SHALL    BE    APPOINTED    BY    THE    GOVERNOR. 

He  it  enacted,  etc.,  as  folio los: 

Section  1.  Section  eighty-seven  of  chapter  one  hundred 
and  eleven  of  the  General  Laws,  as  appearing  in  the  Ter- 
centenary Edition,  is  hereby  amended  by  striking  out,  in  the 
first  line,  the  word  "County"  and  inserting  in  place  thereof 
the  following :  —  Except  as  otherwise  provided  for  the  tuber- 
culosis hospital  for  Bristol  county,  count}'-,  —  so  as  to  read 
as  follows :  —  Section  87.  Except  as  otherwise  provided  for 
be  tTUBt'e'?s!^eto.  the  tuberculosls  hospital  for  Bristol  county,  county  commis- 
sioners shall  be  trustees  of  the  hospitals  erected  under  sec- 
tions seventy-eight  to  ninety,  inclusive,  shall  make  suitable 
regulations  for  their  government,  and  shall  appoint  superin- 
tendents and  other  officers  and  employees  necessary  for  the 
proper  conduct  thereof.  The  superintendents  and  other  phy- 
sicians employed  shall  be  appointed  subject  to  the  approval 
of  the  department. 

Section  2.  Said  chai)ter  one  hundred  and  eleven  is 
hereby  further  amended  by  inserting  after  section  eighty- 
seven,  as  amended  by  section  one  of  this  act,  the  following 


G.  L.  (Ter. 
Ed.),  Ill,  §87 
amended. 


County  com- 
missioners to 


G.  L.  (Ter. 
Ed.).  Ill, 
S  87A, added 


Acts,  1945.  —  Chap.  398.  357 

section:  —  Section  87 A  .  The  trustees  of  the  hospital  erected,  Bri"fo*i''countv 
under  sections  seventy-eight  to  ninety,  inclusive,  within  the  tubercuiosi. 
county  of  Bristol,  shall  bo  appointed  by  the  governor,  with  ^''"p'**'- 
the  advice  and  consent  of  the  council,  for  terms  of  three 
years  each,  from  residents  of  the  tuberculosis  hospital  dis- 
trict served  by  said  hospital;  provided,  that  at  no  time  shall 
more  than  one  trustee  of  such  hospital  be  a  resident  of  any 
one  city  or  town  in  said  district.  Said  trustees  shall  make 
suitable  regulations  for  the  government  of  such  hospital  and 
shall  appoint  a  superintendent  and  such  other  officers  and 
emploj^ees  as  are  necessary  for  the  proper  conduct  thereof. 
The  superintendent  and  other  physicians  employed  shall  be 
appointed  subject  to  the  approval  of  the  department.  All 
pertinent  provisions  of  law  relative  to  county  commissioners 
as  trustees  of  such  hospitals  shall,  in  the  case  of  the  hospital 
within  the  county  of  Bristol,  apply  to  the  trustees  thereof. 

Section  3.     Chapter  thirty-five  of  the  General  Laws  is  g.  l.  (Xer. 
hereby  amended  by  striking  out  section  twenty-eight  A,  ftcii'amelle^cL' 
as  amended  by  section  seven  of  chapter  one  hundred  and 
fifty-eight  of  the  acts  of  nineteen  hundred  and  forty-five, 
and  inserting  in  place  thereof  the  following  section :  —  Sec-  county  com- 
tion  28 A .    The  county  commissioners  of  each  county  having  "half  ""e^ar*^**^" 
a  tuberculosis  hospital  established  under  sections  seventy-  estimate  of 
eight  to  ninety,  inclusive,  of  chapter  one  hundred  and  eleven,  exp^enditures 
other  than  the  hospital  within  the  county  of  Bristol  and,  for  a""uaiiy. 
said  hospital,  the  trustees  thereof,  shall,  in  each  year,  pre- 
pare estimates  of  receipts  of  said  hospital  and  of  the  cost  of 
its  care,  maintenance  and  repair  for  the  ensuing  year  in  the 
form  prescribed  by  the  director  of  accounts  and  upon  blanks 
furnished  by  him;   and  the  trustees  for  said  hospital  within 
the  county  of  Bristol  shall  forthwith  forward  such  estimates 
to  the  county  commissioners  of  their  county.    The  clerk  of 
the  commissioners  shall  record  the  foregoing  in  a  book  kept 
therefor  and,  on  or  before  February  fifteenth  in  the  following 
year,  shall  send  a  copy  thereof,  attested  by  him  and  signed 
by  the  chairman,  to  said  director,  who  shall  analyze  and 
classify  said  estimates  and  report  the  same  to  the  general 
court  not  later  than  March  first  next  following.     The  di- 
rector, upon  request  of  the  mayor  or  selectmen  of  any  city 
or  town  in  the  tuberculosis  hospital  district  of  any  such 
county,  shall  send  to  him  or  them  so  much  of  said  report  as 
relates  to  such  district. 

Section  4.  The  county  commissioners  of  the  count}"  of  Trustees, 
Bristol  shall,  upon  the  qualification  of  the  trustees  first  offi"©^.  "^ 
appointed  following  the  effective  date  of  this  act,  cease  to 
be  the  trustees  of  the  tuberculosis  hospital  for  the  district 
established  within  said  county.  Of  the  trustees  of  said  hos- 
pital first  appointed  under  authority  of  section  one  of  this 
act,  one  shall  be  appointed  for  the  term  of  one  year,  one 
for  the  term  of  two  years  and  one  for  the  term  of  three 
years  and  until  the  qualification  of  their  respective  successors; 
and  thereafter  one  such  trustee  shall  be  appointed  each  year 
for  a  term  of  three  years. 


.358  Acts,  1945.  —  Chaps.  399,  400. 

Submit^Kion  SECTION  5.     The  statc  secretary  sliall  cause  lo  be  placed 

r.  vr>  prs  ^^^^  ^^^  officlal  ballot  to  be  used  in  each  of  the  several  cities 

and  towns  of  Acushnet,  Attleboro,  Berkley,  Dartmouth, 
Dighton,  l*]aston,  Fairhaven,  Freetown,  Mansfield,  North 
Attleborough,  Norton,  Raynham,  Rehoboth,  Seekonk,  Som- 
erset, Swansea,  Taunton  and  Westport  at  the  biennial  state 
election  in  the  year  nineteen  hundred  and  forty-six  the 
following  question:  —  "Shall  an  act  passed  by  the  general 
court  in  the  year  nineteen  hundred  and  forty-five  entitled 
'An  Act  providing  that  the  trustees  of  the  county  tubercu- 
losis hospital  within  the  county  of  Bristol  shall  be  appointed 
by  the  governor'  be  accepted?"  If  a  majority  of  the  voters 
voting  thereon  in  the  district  comprising  the  cities  and  towns 
above  referred  to  vote  in  the  affirmative  in  answer  to  the 
above  question,  this  act  shall  thereupon  take  full  effect; 
but  not  otlierwise.  Approved  June  11,  1945. 


ChapM9 


An  Act  authorizing  making  certain  fire  insurance 
policies  payable  to  mortgagees  under  present  or 
future  mortgages. 

Be  it  enacted,  etc.,  asfolloivs: 

G.  L.  (Ter.  SECTION  1.     Section  ninety-seven  of  chapter  one  hundred 

!?u-.!'ftmolui?L'  «nd  seventy-five  of  the  General  Laws,  as  amended  by  chap- 
ter thirt3-one  of  the  acts  of  nineteen  liundred  and  thirty- 
three,   is  hereby  further  amended   by  adding  at  the  end 
Payment  of       ^'^^^  f oUowing  senteiiccs :  —  A  fire  insurance  policy  when  it  is 
proceeds  of        issued,  or  by  means  of  an  endorsement  thereon  or  a  rider 
polideTto"'^'     attached  thereto,  maj^  be  made  payable  to  a  mortgagee  or 
inortKrtKcps.       mortgagecs  as  their  interests  may  appear  under  any  present 
or  future  mortgage  or  mortgages.    Nothing  herein  contained 
shall  prevent  policies  being  made  payable  to  a  mortgagee  or 
mortgagees  in  any  other  lawful  manner. 

Section  2.  The  provisions  of  this  act  shall  not  affect 
the  rights  of  any  mortgagee  under  any  policy  of  fire  insur- 
ance in  force  upon  the  effective  date  of  this  act. 

Approved  June  11,  1945. 


(lid  I)  400  ^'^   ^^'^  MAKING    CERTAIN   CORRECTIONS   IN   THE  LAWS  RELA- 
TIVE   TO    CARRIERS    OF    PROPERTY    UY    MOTOR    VEHICLE. 

He  it  enacted,  etc.,  asfolloivs: 

G.  L.  (Ter.  SECTION  1.     Section  three  of  chapter  one  hundred  and 

Ed.).  159B  §3,  fifty-nine  B  of  the  General  Laws  is  hereby  amended  by  add- 

etc,  amcnilerl.  •'  ifi-  i  i  • 

ing  at  the  end  of  the  introductory  paragraph,  as  appearing 
in  section  one  of  chapter  four  hundred  and  eighty-three  of 
the  acts  of  nineteen  hundred  and  thirty-eight,  the  words:  — 
authorizing  the  operations  to  be  performed  by  such  person, 
—  so  that  said  introductory  paragraph  will  read  as  follows : 
Certiticate  —  No  persou  shall  engage  in  the  business  of  a  common  car- 
operaVin^ai""   I'if-i"  by  motor  vehicle  upon  any  way  unless  there  is  in  effect 


Acts,  1945. -- Chap.  400.  359 


with  respect  to  such  carrier  a  certificate  issued  by  the  depart-  a  "omujon 
ment  authorizing:  ihp  oppvations  to  he  performed  by  such  *"*'""" 
person. 

Section  2.    Said  section  three  is  hereby  further  amended  ^jV  /^g'g-  ^.^ 
by  striking  out  paragraph  (c),  as  so  appearing,  and  Inserting  etc.'.'furtiioV 
in  place  thereof  the  following  paragraph :  —  ''"^''"'  ^'^ 

(c)  Any  regular  or  irregular  route  common  carriei-  wlio,  '.p" tificate  dL 
during  any  period  of  not  less  than  sixt}^  consecutive  days,  to  refusal  to 
refuses  to  render  any  part  of  the  service  authorized  by  his  '.'luhorT^fMi"^'^ 
certificate  except  for  the  reason  that  the  ways  over  which  he 
must  operate  are  impassable  because  of  floods,  condition  of 
the  highways  or  other  causes  of  like  nature  not  within  his 
control,  shall  be  deemed  to  have  abandoned  that  part  of  the 
service  authorized  by  his  certificate,  and  if,  after  a  hearing, 
the  department  finds  that  such  carrier  has  so  refused  to  ren- 
der service  in  accordance  with  his  certificate,  and  not  for 
any  reason  set  forth  in  the  foregoing  exceptions,  his  rights 
thereto  to  the  extent  of  his  refusal  to  render  service  shall  be 
forfeited  and  the  department  shall  reissue  his  certificate  sub- 
ject to  the  resulting  limitations. 

Section  3.    Section  four  of  said  chapter  one  hundred  and  ^;,')'{59b  <4 
fifty-nine  B  is  hereby  amended  by  striking  out  the  second  ('t.-.Viinpnded.' 
paragraph,  as  appearing  in  said  section  one  of  said  chapter 
four  hundred  and  eighty-three,  and  inserting  in  place  thereof 
the  following  paragraph :  — 

No  person  shall  engage  in  the  business  of  a  contract  car-  Hisuiafion  ..r 
rier  by  motor  vehicle  upon  any  way  unless  there  is  in  effect  ^"[^ontrani 
with  respect  to  said  carrier  a  permit  issued  by  the  depart-  '•"•nor. 
ment,  authorizing  him  to  transport  property  for  the  con- 
cerns specified,  and  within  the  limits  set  forth,  in  such  permit. 

Section  4.    The  first  paragraph  of  section  twelve  of  said  ^;i^)'{J9b 
chapter  one  hundred  and  fifty-nine  B,  as  amended  by  sec-  §12.' etc.,  " 
tion  four  of  chapter  six  hundred  and  fifty-three  of  the  acts  •'"'*'""' 
of  nineteen  hundred  and  forty-one,  is  herebj^  amended  by 
inserting  after  the  word  "be"  in  the  sixth  line  the  words:  — 
suspended  or,  —  so  that  the  second  sentence  of  said  para- 
graph  will   read   as   follows :  —  Any   permit,   certificate   or  suspension  or 
license,  upon  written  application  of  the  holder  thereof  to  pp^rmH.'rtc" 
the  department,  may,  without  such  notice  and  hearing,  be 
suspended  or  revoked  in  whole  or  in  part. 

Section  5.    Section  thirteen  of  said  chapter  one  hundred  ^dV  iJob 
and  fifty-nine  B,  as  amended  by  chapter  six  hundred  and  U3,'eti„  ' 
ninety-two  of  the  acts  of  nineteen  hundred  and  forty-one,  is  •'""''"''"'■ 
hereby  further  amended  by  striking  out  the  word  "for"  in 
the  tenth  line  and  inserting  in  place  thereof  the  words :  — 
directly  under,  —  so  as  to  read  as  follows:  —  Section   IS.  ^^^1*1  f!"^,  „^ 

11  111  11  e    -J-      municipal  ve- 

Motor  vehicles  owned  by  the  commonwealth  or  any  01  its  hides  subject 
political  subdivisions,  and  any  motor  vehicle  while  engaged  pfjueen" 
in  the  transportation  of  property  for  the  commonwealth  or 
any  of  its  political  subdivisions  if  the  owner  of  such  vehicle 
has  no  interest,  directly  or  indirectly,  in  any  other  motor 
vehicle,  shall  be  subject  to  section  eighteen,  but  shall  be 
exempt  from  all  other  provisions  of  this  chapter.     Motor 


360 


Acts,  1945. —  Chap.  400. 


G.  L.  (Ter. 
Ed.),  159B, 
I  14,  etc., 
iimendecl. 


Display  of 
papers  relating 
to  cargo. 


Penalty. 


G.  L.  (Ter. 
Ed.).  268,  §  3:5, 
etc.,  amended. 


Falsely  assum- 
ing to  be  a 
notary  public 
or  certain 
other  officers. 


Penalty. 


vehicles  while  engaged  exclusively  in  the  delivery  of  the 
United  States  mail  or  any  other  work  directly  under  the 
United  States  shall  be  exempt  from  all  provisions  of  this 
chapter  except  section  eighteen,  but  shall  be  subject  to  said 
section  so  far  as  may  be  permissible  under  the  constitution 
and  laws  of  the  United  States. 

Section  0.  Section  fourteen  of  said  chapter  one  hundred 
and  fifty-nine  B,  as  amended  by  section  five  of  said  chapter 
six  hundred  and  fifty-three,  is  hereby  further  amended  by 
striking  out,  wherever  they  appear  in  said  section,  the  words 
"investigator  and  examiner",  and  inserting  in  place  thereof, 
in  each  instance,  the  words:  —  investigator  or  examiner,  — 
and  by  inserting  a  comma  after  the  word  "way",  in  the  sec- 
ond line,  —  so  as  to  read  as  follows:  —  Section  1 4-  Every 
motor  carrier  while  operating  on  any  way,  when  requested 
by  an  investigator  or  examiner  of  the  commercial  motor 
vehicle  division  of  the  department,  who  is  in  uniform  or  who 
displays  the  proper  insignia  of  his  office,  shall  stop  and  sub- 
mit to  said  investigator  or  examiner  all  transportation  docu- 
ments, including  bills  of  lading,  way  bills  and  other  papers 
relating  to  his  cargo  which  are  in  his  possession  and  shall 
submit  the  cargo  and  other  contents,  if  any,  of  his  motor 
vehicle  to  such  reasonable  examination  as  may  be  necessary 
to  inform  the  investigator  or  examiner  of  the  nature  and 
weight  thereof.  No  such  investigator  or  examiner  shall  make 
a  detailed  examination  of  the  cargo  or  other  contents  of  the 
motor  vehicle  at  a  place  where  the  motor  vehicle  does  not 
stop  for  purposes  of  loading  or  delivery,  and  no  motor  ve- 
hicle shall  be  unduly  delaj^ed  for  the  purpose  of  weighing 
or  be  required  to  turn  back  upon  or  substantially  to  detour 
from  the  route  upon  which  it  was  travelling  when  stopped 
by  the  investigator  or  examiner.  Any  such  carrier  who,  per- 
sonally or  by  his  agent,  violates  any  provision  of  this  section 
shall  be  punished  by  a  fine  of  not  more  than  twenty-five 
dollars. 

Section  7.  Section  thirty-three  of  chapter  two  hundred 
and  sixty-eight  of  the  General  Laws,  as  most  recently- 
amended  by  chapter  seventy-one  of  the  acts  of  nineteen 
hundred  and  forty-one,  is  hereby  further  amended  by  strik- 
ing out,  in  the  sixth  line,  the  words  "or  investigator"  and 
inserting  in  place  thereof  the  words :  —  ,  investigator  or 
examiner,  —  so  as  to  read  as  follows: —  Section  33.  Who- 
ever falsely  assumes  or  pretends  to  be  a  justice  of  the  peace, 
notary  public,  sheriff,  deputy  sheriff,  medical  examiner,  as- 
sociate medical  examiner,  constable,  police  officer,  probation 
officer,  or  examiner  or  investigator  appointed  by  the  regis- 
trar of  motor  vehicles,  or  inspector,  investigator  or  examiner 
of  the  department  of  public  utilities,  or  investigator  or  other 
officer  of  the  alcoholic  beverages  control  commission,  and 
acts  as  such  or  requires  a  peison  to  aid  or  assist  him  in  a 
matter  pertaining  to  the  duty  of  such  officer,  shall  be  pun- 
ished by  a  fine  of  not  more  than  four  hundred  dollars  or  by 
imprisonment  for  not  more  than  one  year. 


Acts,  1945.  —  Chaps.  401,  402,  403.  361 

Section  8.    Paragraph  (c)  of  section  three  of  chapter  one  Ceriaiu  v)n>- 
hundred  and  fifty-nine  B  of  the  General  Laws,  as  amended  apT)ii?abi'e  to 
by  section  two  of  this  act,  shall  not  apply  to  irregular  route  J.o^^^!fn  ^'^^^'^ 
common  carriers  until  after  the  termination  of  the  existing  t-arrien  until, 
states  of  war  between  the  United  States  and  any  foreign 
country.  Approved  June  11,  194-5. 


An   Act   relative    to    the   suppression    of   cvpsy    and  (Jimp  4()j[ 

BROWN    tail    iMOTHS    AND    TENT    CATERPILLARS    ON     LAND 
OF    THE    COMMONWEALTH. 

lie  it  enacted,  etc.,  as  follows: 

Chapter  one  hinidred  and  thirty-two  of  the  Gen(?ral  Laws  c!.  l.  (Ter. 
is   hereby  amended   by  inserting  after  section  twelve  the  f  i2A^idded' 
following  section:  —  Section  12 A.     All  persons  in  charge  of  suppression  of 
land  under  the  control  of  the  commonwealth,  including  in  ftiP%"iamf' 
such  term  the  metropolitan  district  commission,  may  at  the  of  the  com- 
expense  of  the  commonwealth  or  district  destroy  the  eggs, 
caterpillars,  pupae  and  nests  of  the  gypsy  and  bi'own  tail  > 

moths  and  tent  caterpillars  on  the  land  within  their  charge; 
and  use  such  other  lawful  means  of  suppressing  said  moths 
and  tent  caterpillars  as  the  forester  may  require.  All  such 
work  shall  be  performed  with  the  advice  of  the  forester. 

Approved  Juve  11,  194-^. 


Chap.^{)2 


An  Act  requirinc^.   the   teaching   of  the   polish   lan- 
guage  IN   PUBLIC   SCHOOLS   IN   CERTAIN   CASES. 

J>e  it  enacted,  etc.,  as  follows: 

Chapter    seventy-one    of    the    General    Laws    is    hereby  o.  l.  (Ter. 
amended  by  inserting  after  section  thirteen  B,  inserted  by  f^KicJadded. 
chapter  three  hundred  and  eleven  of  the  acts  of  nineteen 
hundred  and  thirty-nine,   the  following  section:  —  iSedz'on  Teaching  of 
13C.     In  every  public  high  school  having  not  less  than  one  guigein" 
hundred  and  fifty  pupils,  the  Polish  language  shall  be  taught  p"^'''''  schools. 
upon  the  written  request  of  the  parents  or  guardians  of  not 
less  than  twenty-five  pupils  and  the  enrolment  of  not  less 
than  twenty-five  properly  qualified  pupils;    provided,  that 
said  request  is  made,  and  said  enrolment  is  completed,  before 
the  preceding  August  first.  Approved  June  11,  1945. 


An  Act  ret^tive  to  voting  rights  under  general  or  (Jf^y  403 

BLANKET  POLICIES  OF  ACCIDENT  OR  HEALTH  INSURANCE. 

He  it  enacted,  etc.,  as  folloios: 

Section  1.     Subdivision  (1)  of  the  st^cond  paragraph  of  S^j^jTg*''"- 
section  one  hundred  and  ten  of  chapter  one  hundred  and  §  lio,  etc'.. 
seventy-five  of  the  General  Laws,  as  most  recently  amended  ^'"«'"^*"'- 
by  section  one  of  chapter  five  hundred  and  thirty-two  of 
the   acts   of   nineteen   hundred   and   forty-three,    is   hereby 
further  amended  by  inserting  after  the  word  "life"  in  the 


362  Acts,  1945. —  C 'hap.  404. 

fifth  lin(^  the  words:  —  or  other  domestic  mutual,  —  so  as  to 
read  as  follows :  — 
Certain  sec-  Q)  'pj^p  emplover,  whether  an  individual,  corporation,  co- 

applicable  to      partnership  or  association,  or  a  municipal  corporation  or 
of^iTs'uranc.v"'^^  department  thereof  including  a  police  or  fire  departm(>nt,  in 
case  of  such  a  general  or  blanket  policy  issued  by  a  domestic 
mutual  life  or  other  domestic  mutual  company  to  such  em- 
ployer, or 
Ffi  )'■  i?--) '  ^ -H)       Section  2.     Section  ninety  of  said  chapter  one  hundred 
eto!,'ani<'iKi(Mi.'  jiud  seveutv-five,  as  most  recently  amended  by  section  two 
of  chapter  seven  hundred  and  sixteen  of  the  acts  of  nineteen 
hundred  and  forty-one,  is  hereby  further  amended  by  insert- 
ing after  the  words  "ninety-three  D  "  in  the  eighth  line,  as  ap- 
pearing in  the  Tercentenary  Edition,  the  words:  —  ,  one  hun- 
dred and  ten,  —  so  that  the  first  paragraph,  as  amended,  will 
(•ertain  luutuai  read  as  follows:  —  Mutual  companies,  other  than  fife,  formed 
j^cT  toTaws''" '  to  transact  or  transacting  business  under  any  one  or  more  of 
mlft^aFfire        clauses  three,  four,  five,  six,  seven,  eight,  nine,  ten,  twelve 
companies.        and  thirteen  of  section  fortj^-seven,  or  under  clause  (a),  (b), 
(d)  or  (e)  of  section  fifty-four,  and  the  officers,  directors, 
agents  and  members  of  such  companies  shall,  except  as  pro- 
vided in  clause  (e)  of  said  section  fifty-four  and  in  sections 
ninety  A,  ninety  B,  ninety-two,  ninety-three,  ninety-three  A, 
ninety-three  B,  ninety-three  C,  ninety-three  D,  one  hundred 
and  ten  and  one  hundred  and  thirteen  B,  be  subject  to  all 
the  provisions  of  this  chapter  relating  to  mutual  fire  com- 
panies and  their  officers,  directors,  agents  and  members,  so 
far  as  applicable;    provided,  that,  except  to  the  extent  set 
forth  in  section  ninety-three  F,  the  provisions  of  section 
eighty-five  A  shall  not  apply  thereto. 

Approved  June  11,  1945. 


ChapAOA  An  Act  making  appropriations  for  the  maintenance 
OF   departments,    boards,    commissions,    institutions 

AND  certain  activities  OF  THE*  COMMONWEALTH,  FOR 
INTEREST,  SINKING  FUND  AND  SERIAL  BOND  REQUIRE- 
MENTS, AND   FOR  CERTAIN   PERMANENT  IMPROVEMENTS. 

lie  it  enacted,  etc.,  as  follows: 

Section  1.  To  provide  for  the  maintenance  of  the  sev- 
eral departments,  boards,  commissions  and  institutions,  of 
sundry  other  services,  and  for  certain  permanent  improve- 
ments, and  to  meet  certain  requirements  of  law,  the  sums 
set  forth  in  section  two,  for  the  several  purposes  and  subject 
to  the  conditions  specificMJ  in  said  section  two,  ai-e  hereby 
appropriated  from  the  general  fund  or  revenue  of  the  com- 
monwealth, unless  some  other  source;  of  revenue  is> expressed, 
subject  to  the  provisions  of  law  regulating  the  disbursement 
of  public  funds  and  the  approval  thereof,  for  the  fiscal  year 
ending  June  thirtieth,  nineteen  hundred  and  forty-six,  in 
said  section  two  refern^d  to  as  the  year  nineteen  hundred 
and  forty-six,  or  for  such  other  period  as  may  be  specified. 


Acts,  1945.  —  Chap.  404. 


363 


Section  2. 


Sermre  nf  fhe  l.eqif^lativc  Depnrttvcnt. 


|fi?m 

0101-01     For  the  compensation  of  senators  .  .      $102, 500  01) 

0101-02     For  expenses  of  senators,  including  travel,  for 

the  year  nineteen  hundred  and  forty-six     .  25,000  00 

0101-03     I'or  the  compensation  of  representatives  .        002,500  ()() 

0101-04  For  expenses  of  representatives,  including 
travel,  for  the  year  nineteen  hundred  and 
forty-six 148,000  DO 

0101-05     For  the  salaries  of  the  clerk  of  the  senate  and 

the  clerk  of  the  house  of  representatives  17,()()0  00 

0101-06  For  the  salaries  of  the  assistant  clerk  of  the 
senate  and  the  assistant  clerk  of  the  house 
of  representatives      .....  11,000  00 

0101-07  For  such  additional  clerical  assistance  to,  and 
with  the  approval  of,  the  clerk  of  the  senate, 
as  may  be  necessary  for  the  proper  despatch 
of  public  business,  including  not  more  than 
one  permanent  position     ....  o,5()()  00 

0101-08  For  such  additional  clerical  assistance  to,  and 
with  the  approval  of,  the  clerk  of  the  house 
of  representatives,  as  may  be  necessary  for 
the  proper  despatch  of  i)ublic  business,  in- 
eluding  not  more  than  three  permanent 
positions 8,000  00 

0101-09     For  the  salarj-^  of  the  sergeant-at-arms    .  4,000  00 

0101-10  For  clerical  and  other  assistance  employed  by 
the  sergeant-at-arms,  including  not  more 
than  four  permanent  jiositions  .  .  .  6,090  00 

0101-11  For  the  compensation  for  travel  of  door- 
keepers, assistant  doorkeepers,  general  court 
officers,  pages  and  other  emploj'ees  of  the 
sergeant-at-arms,  authorized  by  law  to  re- 
ceive the  same  ....  7,000  00 

0101-12  For  the  salaries  of  the  doorkeepers  of  the 
senate  and  house  of  representatives,  with 
the  approval  of  the  sergeant-at-arms,  in- 
cluding not  more  than  two  jiermanent  posi- 
tions         5,5(J()  00 

0101-13  For  the  salaries  of  assistant  doorkeepers  of  the 
senate  and  house  of  representatives  and  of 
general  court  officers,  with  the  approval  of 
the  sergeant-at-arms,  including  not  more 
than  twenty-five  permanent  positions         .  50,600  00 

0101-14  For  compensation  of  the  pages  of  the  senate 
and  house  of  representatives,  with  the  ap- 
proval of  the  sergeant-at-arms,  including 
not  more  than  fifteen  permanent  positions  .  10,500  00 

0!01-15     For  the  salaries  of  clerks  employed  in  the 

legislative   document  room,   including  not       v 

more  than  two  permanent  positions   .  5,850  00 

0101-17  For  the  salaries  of  the  chaplains  of  the  senate 
and  house  of  representatives,  including  not 
more  than  two  permanent  positions  .  .  1,500  00 

0101-18  For  personal  services  of  the  counsel  to  the 
senate  and  assistants,  including  not  more 
than  four  permanent  positions  .  .  .  25,800  00 

0101-19  For  personal  services  of  the  covmsel  to  the 
house  of  representatives  and  assistants,  in- 
cluding not  more  than  eight  permanent 
positions 38,200  00 

0101-20  For  clerical  and  other  assistance  of  the  senate 
committee  on  rules,  including  not  more  than 
one  permanent  position      ....  5,000  00 


364 


Acts,  1945.  —  ('hap.  404. 


Item 

0101-21  For  clerical  and  other  assistance  of  the  house 
committee  on  rules,  including  not  more  than 
three  permanent  ))ositions 

0102-01  For  traveling  and  such  other  expenses  of  the 
committees  of  the  present  general  court  as 
may  be  authorized  by  order  of  either  branch 
of  the  general  court  .... 

0102-02  For  printing,  binding  and  paper  ordered  by 
the  senate  and  house  of  representatives,  or 
by  concurrent  order  of  the  two  branches, 
with  the  ajjproval  of  the  clerks  of  the  re- 
spective branches      ..... 

()l()2-0o     For  printing  the  manual  of  the  general  court, 

with  the  approval  of  the  clerks  of  the  two 

~  branches  ...... 

0102-04  For  expenses  in  connection  with  the  ])ublica- 
tion  of  the  bulletin  of  committee  hearings 
and  of  the  daily  hst,  with  the  approval  of 
the  joint  committee  on  rules,  including  not 
more  than  one  permanent  position 

0102-05  For  stationery  for  the  senate,  i^urchased  by 
and  with  approval  of  the  clerk  . 

0102-06  For  office  and  other  expenses  of  the  commit- 
tee on  rules  on  the  part  of  the  senate 

0102-07  For  office  expenses  of  the  counsel  to  the 
senate      ....... 

0102-08  For  stationery  for  the  house  of  representa- 
tives, purchased  by  and  with  the  approval 
of  the  clerk      ...... 

0102-09  For  office  and  other  expenses  of  the  committee 
on  rules  on  the  i)art  of  the  house 

0102-10  For  office  expenses,  including  travel,  of  the 
counsel  to  the  house  of  representatives 

0102-11  For  contingent  expenses  of  the  senate  and 
house  of  representatives,  and  necessary  ex- 
penses in  and  about  the  state  house,  with 
the  approval  of  the  sergeant-at-arms 

0102-12     For  telephone  service   ..... 

0102-1.3     (This  item  omitted.) 

0102-14  For  the  payment  of  witness  fees  to  persons 
summoned  to  appear  before  committees  of 
the  general  court,  and  for  expenses  inci- 
dental to  summoning  them,  with  the  ap- 
]iroval  of  the  sergeant-at-arms   . 

Total  ... 

Service  of  the  Judicial  Department. 
Supreme  Judicial  Court,  as  follows: 

0301-01     For  the  salaries  of  the  chief  justice  and  of  the 
•   six  associate  justices  .... 

0301-02     For  traveling  allowances  and  expenses    . 

0301-03  For  the  salary  of  the  clerk  for  the  common- 
wealth    ....... 

0301-04     For  clerical  assistance  to  the  clerk 

0301-05  For  law  clerks,  stenographers  and  other  cleri- 
cal assistance  for  the  justices 

0301-06     For  office  supplies,  services  and  equipment 

0.301-07     For  the  salaries  of  the  officers  and  messengers  . 

0301-08  For  the  commonwealth's  part  of  the  salary  of 
the  clerk  for  the  county  of  Suffolk 

Total  .         .  .... 

Reporter  of  Decisions: 
0301-1 1     For  the  salary  of  the  reporter  of  decisions 


8S,200  00 
8,000  0(J 

100,000  00 
.'),.")00  00 


21,800 

00 

400 

00 

200 

00 

300 

00 

800 

00 

:!00 

00 

:?oo 

00 

9,.'')00 
10,000 

00 
00 

200  00 
$1,244,240  00 


$99,000  00 
1,.'')00  00 

6,.500  00 
1,800  00 

28,000  00 
5,000  00 
3,290  00 

1,500  00 

$146,590  00 

$6,000  00 


Acts,  1945.  —  Chap.  404. 


365 


Item 
0301-12 


()302-()I 

0302-02 
0302-03 

0302-04 


0302-11 
0302-12 
0.302-13 


0303-01 


0303-02 


For  clerk  hire  and  office  suiiplies,  services  and 
equipment,  including  not  more  than  four 
permanent  positions  ....       $13,000  00 

Total $19,000  00 

Superior  Court,  as  follows : 
For  the  salaries  of  the  chief  justice  and  of  tlie 

thirty-one  associate  justices        .  .  .      $385,000  00 

For  travehng  allowances  and  expenses    .  .  1.5,000  00 

For  the  salary  of  the  assistant  clerk,  Suffolk 

^  County 1,000  00 

For  clerical  work,  inspection  of  records  and 
doings  of  persons  authorized  to  admit  to 
bail,  for  an  executive  clerk  to  the  chief  jus- 
tice, and  for  certain  other  expenses  incident 
to  the  work  of  the  court    ....  14,000  00 

Total $415,000  00 

.Justices  of  District  Courts: 

For  compensation  of  justices  of  district  courts 

while  sitting  in  the  sui:)erior  court        .  .  $3,000  00 

For   expenses   of   justices   of   district    courts 

while  sitting  in  the  superior  court        .  .  375  00 

For  reimbursing  certain  counties  for  compen- 
sation of  certain  special  justices  for  services 
in  holding  sessions  of  district  courts  in  place 
of  the  justice,  while  sitting  in  the  superior 
court        .  .  .  .  .  .  1,000  00 

Total $4,375  00 

■Judicial  CouncU: 

For  expenses  of  the  judicial  council,  as  au- 
thorized by  section  thirty-four  C  of  chapter 
two  hundred  and  twenty-one  of  the  General 
Laws,  to  be  in  addition  to  any  amount  here- 
tofore appropriated  for  the  purpose  $1,800  00 

For  compensation  of  the  secretary  of  the  judi- 
cial council,  as  authorized  by  said  section 
thirty-four  C  of  said  chapter  two  hundrefl 
and  twenty-one  .....  3, .500  00 

Total $5,300  00 


.Administrative  ('omniittee  of  District  Courts: 
0:^01-01     For  compensation  and  expenses  of  the  ad- 
ministrative committee  of  district  courts   .  $4,500  00 

Probate  and  Insolvency  Courts,  as  follows: 

0.305-01  For  the  salaries  of  judges  of  probate  of  the 
several  counties,  including  not  more  than 
twenty  permanent  positions  $158, .500  00 

030-1-02     For  the  compensation  of  judges  of  probate 

when  acting  for  other  judges  of  probate  6,,500  00 

0305-03     For  expenses  of  judges  of  probate  when  acting 

for  other  judges  of  probate  1,000  00 

030.5-04  For  the  salaries  of  registers  of  the  several 
counties,  including  not  more  than  fourteen 
permanent  positions  (>3,90()  0() 

0305-05  For  the  salaries  of  assistant  registers,  includ- 
ing not  more  than  twenty-four  permanent 
positions  ......  83,360  00 


366 


Acts,  1945.  —  Chap.  404. 


Item 

030.5-06 


o;{oo-oi 

0306-02 
0306-03 
0306-04 
0306-05 
0306-06 
0306-07 
0306-08 
0306-09 
0306-10 
0306-11 
0306-12 
0306-13 
0306-14 

0307-01 


For  reimbursing  officials  for  premiums  paid 
for  procuring  sureties  on  their  bonds,  as 
proi-ided  by  existing  lav\s  .  .  $500  00 

Total $313,760  00 

For  clerical  assistance  to  Registers  of  the 
several  counties,  as  follows: 

Barnstable,  including  not  more  than  two  i)er- 

manent  positions       ....  $2,910  00 

Berkshire,  including  not  more  than  four  per- 
manent positions       .....  5,880  00 

Bristol,  including  not  more  than  ten  perma- 
nent positions  .....  15,000  00 

Dukes  County,  including  not  more  than  one 

permanent  position  .....  1,260  00 

Essex,  including  not  more  than  fifteen  perma- 
nent positions  .....  22,260  00 

Franklin,  including  not  more  than  two  per- 
manent positions       .....  2,250  00 

Hampden,   including  not   more   than   eleven 

permanent  positions  ....  17,330  00 

Hampshire,  including  not  more  than  two  per- 
manent positions       .....  2,940  00 

Middlesex,  including  not  more  than  tliirty-six 

permanent  positions  ....  54,840  00 

Norfolk,   including  not   more   than   fourteen 

l)ermanent  positions  ....  19,770  00 

Plymouth,  including  not  more  than  five  per- 
manent positions       .....  6,570  00 

Suffolk,    including   not    more    than    forty-six 

permanent  positions  ....  66,360  00 

Worcester,  including  not  more  than   tliirteen 

l)ermanent  positions  ....  19,590  00 

Nantucket 150  00 

Total $237,110  00 

Administrative  Committee  of  Probate  Courts: 
For  expenses  of  the  administrative  committee 

of  probate  courts  .  $200  00 


Service  of  tlte  Land  Court. 

0308-01  For  the  salaries  of  the  judge,  associate  judges, 
the  recorder  and  court  officer,  inclucUng  not 
more  than  five  permanent  positions   .  .        .If 38, 984  00 

0308-02  For  engineering,  clerical  ancl  other  personal 
services,  including  not  more  than  twenty- 
four  permanent  positions  ....  62,000  00 

0308-03  For  personal  services  in  the  examination  of 
titles,  for  publishing  and  serving  citations 
and  other  services,  traveling  expenses,  sup- 
l)lies  and  office  equipment,  and  for  the 
l)reparation  of  sectional  plans  showing  regis- 
tered land  .  .  .  23,000  00 

'I  otal .      $123,984  00 


Pensions  for  Certain  HetireJ  J udiceti. 

Ul-iij*:!-!  1 1  For  ]iensions  of  retired  justices  of  the  supreme 
judicial  court  and  of  the  superior  court,  and 
judges  of  the  probate  courts  and  the  laud 
(;ourt        ....... 


$60,000  00 


Item 


Acts,  1945.  —  Chap.  404.  367 


Service  of  the  District  Attorneys. 


District  Attorneys,  as  follows: 

();U0-()1  For  the  salaries  of  the  district  attorney  and 
assistants  for  the  Suffolk  district,  including 
not  more  than  fourteen  permanent  posi- 
tions         $66,()U0  00 

0310-02  For  the  salaries  of  the  district  attorney  and 
assistants  for  the  northern  district,  includ- 
ing not  more  than  seven  permanent  i)osi- 
tions 28,000  00 

0310-03  For  the  salaries  of  the  district  attorney  and 
assistants  for  the  eastern  district,  includ- 
ing not  more  than  five  permanent  positions  17,400  00 

0310-04  For  the  salaries  of  the  district  attorney,  de]i- 
utj-  district  attorney  and  assistants  for  the 
southeastern  district,  including  not  more 
than  five  permanent  positions    .  .  19,200  00 

(KM 0-0")  For  the  salaries  of  the  district  attorney  and 
assistants  for  the  southern  district,  includ- 
ing not  more  than  four  permanent  posi- 
tions         If), 100  00 

0310-00  For  the  salaries  of  the  district  attorney  and 
assistants  for  the  middle  district,  including 
not  more  than  four  permanent  positions  l."),000  00 

();i  10-07  For  the  salaries  of  the  district  attorney  and 
assistants  for  the  western  district,  including 
not  more  than  three  permanent  positions   .  10,400  00 

0310-08     For  the  salary  of  the  district  attorney  for  the 

northwestern  district  ....  4,000  00 

0310-09  For  traveling  exf)enses  necessarily  incurred  by 
the  district  attorneys,  except  in  the  Suffolk 
district,  including  expenses  incurred  in 
previous  years  .....  r),00(3  00 


Total $180,100  00 

Service  of  the  Board  of  Prohaiion. 

03!  1-01  For  i)ersonal  services  of  the  commissioner, 
clerks  and  stenographers,  including  not 
more  than  forty-three  permanent  positions  .        $73,520  00 

0311-02  For  services  other  than  personal,  including 
printing  the  annual  report,  traveling  ex- 
penses, rent,  office  supplies  and  equipment  .  7,000  00 


Total  . $80,520  00 

Service  of  the  Board  of  Bar  Examiners. 

0312-01  For  personal  services  of  the  members  of  the 
board,  including  not  more  than  five  perma- 
nent positions $12,500  00 

0312-02  For  other  services,  including  not  more  than 
one  permanent  position,  and  including 
printing  the  annual  report,  traveling  ex- 
penses, office  supplies  and  equipment  .  5,000  00 


Tola] $17,500  00 

Suffolk  County  Court  House. 

0318-(H  Fur  reimbur.sing  the  city  of  Boston  fur  thirty 
per  cent  of  the  cost  of  maintfiiance  of  the 
Suffolk  ( 'ouuty  Court  House,  a-s  provided 
by  and  subject  to  the  conditions  of  section 
six  of  chapter  four  hundreil  and  seventy- 


368 


Acts,  1945.  —  Chap.  404. 


Item 


0401-01 
0401-02 
0401-03 
0401-04 


0401 -or, 

0401-21 
0401-22 

0401-23 

0401-24 

0401-26 
0401-32 


0401-r,6 


0401-60 


four  of  the  acts  of  the  year  nineteen  hun- 
dred and  thirty-five,  to  be  in  addition  to 
any  amount  heretofore  appropriated  for  the 
l^urpose;  provided,  that  this  appropriation 
shall  not  be  construed  as  fixing  the  specifif^ 
amount  for  which  the  commonwealth  shall 
be  liable  on  account  of  said  maintenance    . 

Service  of  the  Executive  Department. 

For  the  salary  of  the  governor 

For  the  salary  of  the  lieutenant  governor 

For  the  salaries  of  the  eight  councillors 

For  the  salaries  of  officers  and  employees  of 
the  department,  including  not  more  than 
sixteen  permanent  positions 

For  certain  personal  services  for  the  lieutenant 
governor  and  council,  including  not  more 
than  thi(;e  permanent  positions 

For  travel  and  expenses  of  the  lieutenant  gov- 
ernor and  council  from  and  to  their  homes  . 

For  postage,  printing,  office  and  other  con- 
tingent expenses,  including  travel,  of  the 
governor  ...... 

For  postage,  printing,  stationery,  traveling 
and  contingent  expenses  of  the  governor 
and  council       ..... 

For  the  cost  of  entertainment  of  distinguished 
visitors  to  the  commonwealth  and  for  the 
payment  of  other  extraordinary  expenses 
not  otherwise  provided  for 

For  the  purchase  and  maintenance  of  the 
governor's  automobile        .... 

For  restoring  and  protecting  certain  portraits 
of  former  governors,  with  the  approval  of 
the  art  commission   ..... 

Total 

Specials: 

For  personal  services  and  other  expenses  of 
the  committee  on  post-war  readjustment,  to 
be  in  addition  to  any  amount  heretofore 
authorized  for  the  purpose 

To  provide  for  divers  war  emergency  expendi- 
tures, the  sum  of  one  hundred  thousand 
dollars  is  hereby  appropriated,  to  be  ex- 
pended under  the  direction  of  the  governor 
with  the  approval  of  the  council.  Requests 
for  any  such  expenditures  shall  be  referred 
by  the  governor  to  the  commission  on 
administration  and  finance,  which,  after  in- 
vestigation of  the  need  of  such  expenditure, 
shall  forthwith  submit  to  the  governor  its 
wTitten  recommendation  of  the  amount  of 
fimds  required,  together  with  pertinent  facts 
relative  thereto.  Expenditures  herein  au- 
thorized shall  cease  not  later  than  sixty  days 
after  the  governor,  with  the  advice  and  con- 
sent of  the  council,  shall  have  proclaimed 
that  the  existing  emergency  has  ended,  and 
no  new  obligations  may  be  authorized  here- 
under after  January  second,  nineteen  hun- 
dred and  forty-six.  Persons  whose  employ- 
ment is  created  by  reason  of  money  herein 
appropriated  shall  not  be  subject  to  civil 


$170,000  00 


§10,000  00 

4,000  00 

16,000  00 


49,500  00 


r),700 

00 

3,000 

00 

12,000 

00 

2,000 

00 

ir,,ooo  00 

4,000 

00 

.500 

00 

$121,700  00 

S2ri,ooo  00 


Acts,  1945. -(^hap.  404. 


369 


service  laws  or  the  niles  and  regulations 
made  thereunder,  but  their  employment 
and  salary  rates  shall  be  subject  to  the  rules 
and  regulations  of  the  division  of  personnel 
and  standardization  ....      $100,000  00 

(Cost  of  plans  for  new  soldiers'  home,  includ- 
ing purchase  of  land.     This  item  omitted.) 

(Study  of  proposed   Division   of  Commerce. 
This  item  omitted.) 

Service  uf  the  Adjidant  General. 

0402-01     For  the  salary  of  the  adjutant  general    .  .  $(5,000  00 

0402-02  For  personal  services  of  office  assistants,  in- 
cluding services  for  the  preparation  of  rec- 
ords of  Massachusetts  soldiers  and  sailors, 
and  including  not  more  than  eighteen  per- 
manent positions       .....  41,000  00 

0402-03  For  services  other  than  personal,  and  for  neces- 
sary office  supplies  and  expenses       .  .  8,500  00 

0402-04  For  expenses  not  otherwise  provided  for  in 
connection  with  mihtary  matters  and  ac- 
counts      r),300  00 

Total $60,800  00 

Sei-vice  of  the  Organized  Militia. 

0403-01  For  allowances  to  companies  and  other  admin- 
istrative units,  to  be  expended  under  the 
direction  of  the  adjutant  general         .  .      $120,000  00 

0403-03  For  certain  allowances  for  officers  of  the  organ- 
ized militia,  as  authorized  by  paragraph  (c) 
of  section  one  hundred  and  twenty  of  chap- 
ter thirty-three  of  the  General  Laws  .  .  38,000  00 

0403-05  For  expenses  of  military  training  and  instruc- 
tion, and  for  pay  and  expenses  of  certain 
camps  of  instruction  ....        200,000  00 

0403-07  For  transportation  of  officers  and  non-com- 
missioned officers  to  and  from  military  meet- 
ings and  regimental  and  battahon  drills       .  3,000  00 

040^-13  For  compensation  for  special  and  miscellaneous 
duty  and  for  expenses  of  operation  of  the 
.second  division  of  the  state  guard;  provided, 
that  from  the  amount  herein  appropriated 
not  more  than  fourteen  thousand  seven  hun- 
dred and  fifty  dollars  and  thirty  cents  shall 
be  expended  for  the  salaries  of  full-time 
positions 120,000  00 

0403-14  For  compensation  for  accidents  and  injuries 
sustained  in  the  performance  of  military 
duty 4,000  00 

0403-1'!  To  cover  certain  small  claims  for  damages  to 
private  property  arising  from  mihtary  ma- 
neuvers .......  300  00 

0403-17  For  services  and  expenses  of  the  military  reser- 
vation located  in  Barnstable  county,  includ- 
ing compensation  of  one  commissioner         .  2,700  00 

0403-18     For  premiums  on  bonds  for  officers         .  .  2,5(X)  00 

0403-21     (This  item  combined  with  Item  0403-13.) 

0403-23  For  personal  services  necessary  for  the  opera- 
tion of  the  commonwealth  depot  and  motor 
repair  park,  including  not  more  than  fifteen 
{permanent  positions  .....  30,716  00 

Total  .  .  $521,216  00 


370  Acts,  1945.  —  Chap.  404. 

Item 

Special : 
0404-31  The  unex-ppnderJ  I'alance  of  the  appropriation 
made  hy  Item  0404-31  in  Rection  two  of 
chapter  four  hundred  and  nineteen  of  the 
acts  of  nineteen  hundred  and  forty-one  and 
of  transfers  made  to  this  account  during  the 
fiscal  year  nineteen  hundred  and  forty-two 
from  chapter  eighteen  of  the  acts  of  the 
Special  Session  of  nineteen  hundred  and 
forty-two,  as  reappropriated  by  chapter 
three  hundred  and  seventy  of  the  acts  of 
nineteen  hundred  and  forty-three,  is  hereby 
again  reappropriated. 

Service  of  the  Stale  Quarlermasler. 

040r)-()l  Fur  personal  services  of  the  state  (quartermas- 
ter, superintendent  of  arsenal  and  certain 
other  employees  of  the  state  quartermaster, 
including  not  more  than  eight  permanent 
positions Sltj,900  OU 

040.")-()2  For  the  salaries  of  armorers  and  assistant  ar- 
morers of  armories  of  the  first  class,  superin- 
tendent of  armories,  and  other  employees, 
including  not  more  than  eighty-one  perma- 
nent positions 149,000  00 

0406-02     For  office  and  general  supplies  and  equi])ment  .  15,000  00 

0400-03     For  the  care  and  maintenance  of  the  state  camj) 

ground  and  buildings  at  Framingham  .  1,700  00 

0400-04  For  the  oi)erating  expenses  of  armories  of  the 
first  class,  including  heat  and  light,  but  not 
including  repairs       .....  85,000  00 

040(>-0.")  F(jr  reimbursement  for  rent  and  maintenance 
of  armories  not  of  the  first  class,  up  to  and 
including  June  thirtieth,  nineteen  hundred 
and  forty-six    ......  27,708  38 

0400-00  For  expense  of  maintaining  and  operating  the 
Camp  Curtis  Guild  rifle  range,  including 
not  more  than  five  permanent  positions      .  12,.")00  00 

0406-07  For  maintenance,  other  than  personal  services, 
of  the  commonwealth  depot  and  motor  re- 
pair park  ......  300  00 

()406-0S  For  miscellaneous  rei)air  and  renewal  projects 
at  armories  of  the  first  class,  including  cer- 
tain lireproofing  I'equired  in  order  that  said 
armories  may  be  used  as  places  of  assembly  .        115,000  00 

•  Total $423,108  38 

Specials : 
0406-21      For  certain  roofing  repairs  at  the  common- 
wealth depot  and  motor  repair  park   .  .        $10,000  00 

(Fire  protection,  armories,   fii'st  class.     This 
item  included  under  Item  0406-08.) 

(Camp  Curtis  Guild,  rejjairs  to  buildings.    This 
item  included  under  Item  0406-06.) 

Service  of  the  State  Surgeon. 

0407-01  For  i)ersonal  services  of  the  state  surgeon,  and 
regular  assistants,  including  not  more  than 
three  permanent  j)ositions  .  .  $5,340  00 

0407-02  For  services  other  than  jjersonal,  and  for  neces- 
.sary  medical  and  office  supplies  and  equip- 
ment         1,500  00 

0407-03     For  the  examination  of  recruits      .  .  5,000  00 

Total $11,840  00 


Acts, 


Chap.  404.  371 


Service  of  the  Stale  Jv/lge  Advocate. 

Item 

n40S~m      For  (compensation  of  the  state  judge  advocate  .         $1,5()()  00 

Service  of  the  Armory  Commission. 

0409-01     For  corajiensation  of  one  member  .  .  $200  00 

0409-02     For  office,  incidental  and  traveling  expenses    .  100  00 


Total $300  00 

Service  of  the  Commission  on  Administration  and  Finance. 

0410-01  For  personal  services  of  the  commissioners,  in- 
cluding not  more  than  four  permanent  posi- 
tions         $26,500  00 

0415-02  For  personal  services  of  the  bureau  of  the 
comptroller,  including  not  more  than  eighty- 
nine  permanent  positions,  to  be  in  addition 
to  the  amount  authorized  for  the  purpose  in 
Item  2970-09 123,000  00 

041o-03  For  personal  services  of  the  bureau  of  the  pur- 
chasing agent,  including  not  more  than 
forty-one  permanent  i)ositions,  to  be  in 
addition  to  the  amount  authorized  for  the 
purpose  in  Item  2970-09  ....  62,000  DO 

04ir)-04  For  other  personal  services  of  the  commission, 
including  not  more  than  forty-one  perma- 
nent positions,  to  be  in  addition  to  the 
amount  authorized  for  the  purpose  in  Item 
2970-09 83,800  00 

041. VOo     For  other  expenses  incidental  to  the  duties  of 

the  commission  .....  55,000  00 


Total $350,300  00 

Telephone  service: 
0415-10     For  telephone  service  in  the  state  house  and 

expenses  in  connection  therewth         .  .        $44,000  00 

Purchase  of  paper: 
0415-11     For  the  purchase  of  paper  used  in  the  e.xecu- 
tion  of  the  contracts  for  state  printing,  other 
than  legislative,  with  the  approval  of  the 
commission  on  administration  and  finance  .        $37,500  00 

Central  mailing  room: 
0415-12     For  personal  services  of  the  central  mailing 
room,  including  not  more  than  eight  perma- 
nent positions  .....       $14,700  00 

Specials . 

(Board  of  patients  and  inmates  in  local  insti- 
tutions.   See  Item  2820-30.) 

(Survey  of  employees'  classifications  and  sala- 
ries.    This  item  omitted.) 

041.5-26  For  the  purchase  of  motor  vehicles,  the  sum 
of  seventy-five  thousand  dollars  is  hereby 
appropriated.  Motor  vehicles  purchased 
under  this  item  are  to  be  allocated,  with  the 
approval  of  the  commission  on  administra- 
tion and  finance,  for  the  replacement  of 
motor  vehicles  now  owned  by  the  common- 
wealth      $75,000  GO 


372 


Acts,  1945.  —  Chap.  404. 


Item 
0416-01 


0416-02 

0416-03 
0416-04 
0416-05 


0416-11 
0416-13 
0416-14 


Service  nf  the  Stale  Superintendent  of  Buildinqs. 

For  personal  services  of  the  superintendent  and 
office  assistants,  incliidinp;  not  more  than 
five  permanent  positions   ...  $12,900  00 

I'or  personal  services  of  engineers,  assistant 
engineers,  firemen  and  helpers  in  the  engi- 
neer's department,  including  not  more  than 
forty  permanent  positions  72,362  00 

For  personal  services  of  capitol  police,  includ- 
ing not  more  than  twenty-seven  permanent 
positions 49,500  00 

For  personal  services  of  janitors,  including  not 
more  than  twenty-three  permanent  posi- 
tions         31,500  00 

For  other  personal  services  incidental  to  the 
care  and  maintenance  of  the  state  house  and 
of  the  Ford  building,  so  called,  including 
not  more  than  seventy-eight  permanent 
positions 92,000  00 


0416-28 


Total $258,262  00 

Other  annual  expenses: 

For  contingent,  office  and  other  expenses  of 

the  superintendent   .  .         .         .         .  $310  00 

For  services,  supplies  and  equipment  neces- 
sary to  furnish  heat,  light  and  power  92,000  00 

P'or  other  services,  supplies  and  equipment 
necessary  for  the  maintenance  and  care  of 
the  state  house  and  grounds  and  of  the  Ford 
building,  so  called,  including  repairs  of  furni- 
ture and  equipment  ....  44,000  00 

Total $136,310  00 

Special: 
For  certain  exterior  repairs  at  the  state  house 

and  Ford  building,  so  called       .  .  .  $5,000  00 


Service  of  the  Alcoholic  Beverages  Control  Commission. 

The  following  items  shall  be  payable  from  fees 
collected  under  section  twenty-seven  of 
chapter  one  hundred  and  thirty-eight  of  the 
General  Laws: 

0417-01     For  personal  services,  including  not  more  than 

forty- five  permanent  positions   .  $113,140  00 

0417-02  For  services  other  than  personal,  including 
rent  of  offices,  travel,  and  office  and  inci- 
dental expenses         ..... 


Total 

Service  of  the  State  Racing  Commission. 

The  following  items  shall  be  payable  from  fees 
collected  under  chapter  one  hundred  and 
twenty-eight  A  of  the  General  Laws: 

0418-01  For  personal  services,  including  not  more  than 
eight  permanent  positions 

0418-02  For  other  administrative  expenses,  including 
rent  of  offices,  travel,  and  office  and  inci- 
dental expenses         ..... 

Total 


26,000  00 
$139,140  00 


$25,540  00 


3,300  00 
$28,840  00 


Acts,  1945.  —  Chap.  404. 


373 


Item 

0419-01 


0419-02 


Service  of  the  State  Planning  Board. 

For  personal  services  of  secretary,  chief  engi- 
neer, and  other  assistants,  including  not 
more  than  thirteen  permanent  positions      .        $41,520  00 

For  services  other  than  personal,  including 
rent  of  offices,  travel,  and  office  supplies  and 
equipment        ......  9,500  00 

Total S51,020  00 

Service  of  the  Commissioners  on  Uniform  State  Laws. 
0420-01     For  expenses  of  the  commissioners  .  .  $750  00 


0423-01 
0423-02 


0423-03 


0423-04 


Service  of  the  State  Library. 

For  personal  services  of  the  librarian      .  .  $5,700  00 

For  personal  services  of  the  regular  library 
assistants,  temporary  clerical  assistance, 
and  for  services  for  cataloguing,  including 
not  more  than  twenty-seven  permanent 
positions 47,140  00 

For  services  other  than  personal,  including 
printing  the  annual  report,  office  suppUes 
and  equipment,  and  incidental  traveling 
e.xpenses  ......  5,500  00 

For  books  and  other  publications  and  things 
needed  for  the  library,  and  the  necessary 
binding  and  rebinding  incidental  thereto     .  8,500  00 

Total $66,840  00 

Service  of  the  Art  Commission. 
0424-01     For  expenses  of  the  commission     .  .  .  $75  00 

Service  of  the  Ballot  Law  Commission. 

042.5-01  For  compensation  of  the  commissioners,  in- 
cluding not  more  than  three  permanent 
positions $2,250  00 

0425-02     For  expenses,  including  travel,  supplies  and 

equipment        ......  250  00 

Total $2,500  00 


0430-00 


0430-22 


0430-23 


Service  of  the  Soldiers'  Home  in  Massachu.setts. 

For  the  maintenance  of  the  Soldiers'  Home  in 
Massachusetts,  with  the  approval  of  the 
trustees  thereof,  including  not  more  than 
two  hundred  and  scA^enteen  permanent  posi- 
tions, to  be  in  addition  to  certain  receipts 
from  the  United  States  government    . 

For  the  construction  of  a  new  power  plant,  in- 
cluding the  purchase  and  installation  of 
equipment  and  alterations  to  existing  facili- 
ties; provided,  that  if  funds  shall  be  made 
available  for  this  purpose  by  the  United 
States  government  the  amount  herein  ap- 
propriated shall  be  reduced  by  the  amount 
of  such  available  federal  funds   . 

For  the  construction  of  an  extension  to  the 
laundry  building,  so  called,  and  the  pur- 
chase and  installation  of  certain  laundry 
machinery  and  equipment;  provided,  that  if 
funds  shall  be  made  available  for  this  pur- 


$302,170  00 


246,000  00 


374 


Acts,  1945.  —  Chap.  404. 


Item 


0430-24 


pose  by  the  United  States  government  the 
amount  herein  appropriated  shall  be  re- 
duced  by   the   amount   of  such   available 

federal  funds *60,000  GO 

For  alterations  and  repair  of  the  hospital  roof  .         24,000  00 

Total $722,170  00 

Service  of  the  Commis-noner  of  Veterans  Aid  and  Pensions. 

0440-01  For  personal  services  of  the  commissioner  and 
deputies,  including  not  more  than  three  per- 
manent positions       .....        $13,0.30  00 

0440-02  For  personal  services  of  agents,  clerks,  stenog- 
raphers, and  other  assistants,  including  not 
more  than  twenty -eight  permanent  positions         44,530  00 

0440-03  For  services  other  than  personal,  including 
printing  the  annual  report,  traveling  ex- 
penses of  the  commissioner  and  his  em- 
ployees, and  necessary  office  supplies  and 
equipment        ...... 


0441-01 


0441-02 


0441-11 


Total 

For  Expenses  on  Account  of  Wars. 

For  reimbursing  cities  and  towns  for  money 
paid  on  account  of  state  and  mihtary  aid 
to  Massachusetts  soldiers  and  their  families, 
to  be  paid  on  or  before  the  fifteenth  day  of 
November,  nineteen  hundred  and  forty-five, 
in  accordance  with  the  provisions  of  e.xisting 
laws  relative  to  state  and  military  aid  other 
than  chapter  eleven  of  the  acts  of  the  Special 
Session  of  nineteen  hundred  and  forty-tw^o  . 

For  certain  care  of  veterans  of  the  civil  war, 
their  wives  and  widows,  as  authorized  by 
section  twenty-five  of  chapter  one  hundred 
and  fifteen  of  the  General  Law"s 

For  reimbursing  cities  and  towns  for  money 
paid  on  account  of  war  allowance,  state  and 
military  aid  and  soldiers'  relief  to  certain 
residents  of  the  commonwealth  and  their 
dependents,  as  authorized  by  chapter  eleven 
of  the  acts  of  the  Special  Session  of  nineteen 
hundred  and  forty-two       .... 

Total 


10,000  00 
$67,560  00 


$308,521   96 


15,000  00 


376,980  65 
$700,502  61 


0442-01 


0442-02 


Service  of  the  ^fassacJn^setls  Aeronautics  Commission. 

For  personal  services  of  employees,  including 
not  more  than  four  permanent  positions, 
and  for  administrative  expenses,  including 
consultants'  services,  office  rent  and  other 
incidental  expenses   .....        $45,000  00 

(This  item  combined  with  Item  0442-01.) 


For  the  Maintenance  of  the  Mount  Creylock  War  Memorial 
0443-01      For  expen.ses  of  maintenance  of  the   Mount 
(Ireylock  \\  ar  Memorial,  as  authorized  by 
section    fortvBe\eii    of    clmpler   six   uf    the 
(ienenil  Laws $1,200  UO 

For  the  Maintenance  of  Old  Slate  House. 
0444-01     For  the  contribution   of  the   commonwealth 
toward  the  maintenance  of  the  old  provincial 
state  house       ......         $1,500  00 


Acts,  1945.  —  Chap.  404. 


375 


Item 


Boston  Port  Authority 
(This  item  omitted.) 


Service  of  the  Secretary  of  the  CommonweaWi. 

0501-01     For  the  salary  of  the  secretary       .  .  $7,000  00 

0501-02  For  the  salaries  of  officers  and  employees  hold- 
ing positions  established  by  law,  and  other 
personal  services,  including  not  more  than 
sixty-four  permanent  positions  .  .  .        126,000  00 

0501-03  For  services  other  than  personal,  traveling  ex- 
penses, office  supplies  and  equipment,  for 
the  arrangement  and  preservation  of  state 
records  and  papers,  including  traveling  ex- 
penses of  the  supervisor  of  public  records    .  22,000  00 

0501-04  For  postage  and  expressage  on  public  docu- 
ments, and  for  maihng  copies  of  bills  and 
resolves  to  certain  state,  city  and  town 
officials 2,000  00 

0501-05  For  printing  registration  books,  blanks  and  in- 
dexes        2,000  00 

0501-06     For  the  preparation  of  certain  indexes  of  births, 

marriages  and  deaths         ....  6,000  00 

0501-08     For  the  purchase  of  ink  for  public  records  of 

the  commonwealth   .....  1,000  00 

0501-10  For  expenses  required  in  taldng  the  decennial 
census,  to  be  in  addition  to  any  amount  here- 
tofore appropriated  for  the  purpose  6,000  00 

Total $172,000  00 


Specials : 

0502-01  For  the  purchase  of  certain  supplies  and  equip- 
ment, and  for  other  things  necessary  in 
connection  with  the  reproduction  of  the 
manuscript  collection  designated  "Massa- 
chusetts Archives"     $1,.S(I()  00 

0502-02  For  the  purchase  and  distribution  of  copies  of 
certain  journals  of  the  house  of  representa- 
tives of  Massachusetts  Bay  from  seventeen 
hundred  and  fifteen  to  seventeen  hundred 
and  eighty,  inclusive,  as  authorized  by  chap- 
ter four  hundred  and  thirteen  of  the  acts  of 
nineteen  hundred  and  twenty     .  .  .  750  00 

Total $2,550  00 


0503-01 


0503  0'. 


0503-03 


For  printing  laws,  etc. : 

For  printing  and  distributing  the  pamphlet 
edition  and  for  printing  and  binding  the 
blue  book  edition  of  the  acts  and  resolves  of 
the  year  nineteen  hundred  and  forty-six, 
and  any  unexpended  balance  of  the  appro- 
priation made  for  this  purpose  in  any  fiscal 
year  shall  be  available  for  expeuiliture  in  the 
succeeding  hscal  year  .... 

I'or  the  printing  of  reports  of  decisions  of  the 
supreme  judicial  court,  tu  be  in  addition  to 
any  amtjuiit  heretofore  approj^riated  for  the 
purf)ose  ....... 

For  printing  and  binding  jmblic  (iocunients    . 


$•„'(),( JOO  00 


24,250  00 
3,500  00 


Tot9.1    . 


$47,750  00 


376 


Acts,  1945.  —  Chap.  404. 


Item 


0504-01 


0504-02 


0504-03 


0505-01 


0506-01 


For  matters  relating  to  elections: 
For  personal  and  other  services  in  preparing 
for  primary  elections,  including  not  more 
than  one  ])ermanent  j)osition,  and  for  the 
expenses  of  preparing,  printing  and  dis- 
tributing ballots  for  primary  and  other  elec- 
tions                $11,500  00 

For  the  printing  of  blanks  for  town  officers, 
election  laws  and  blanks  and  instructions  on 
all  matters  relating  to  elections            .          .  3,000  00 

For  furnishing  cities  and  towns  with  ballot 
boxes,  and  for  repairs  to  the  same;  for  the 
purchase  of  apparatus  to  be  used  at  polUng 
places  in  the  canvass  and  counting  of  votes; 
and  for  pro\'iding  certain  registration  facih- 
ties 2,000  00 


Total 

Medical  Examiners'  Fees: 
For  medical  examiners'  fees,  as  provided  by  law 


$16,500  00 
$1,500  00 


Commission  on  Interstate  Co-operation : 
For  personal  and  other  services  of  the  com- 
mission, including  travel  and  other  expenses, 
as  authorized  by  sections  twenty-one  to 
twenty-five,  inclusive,  of  chapter  nine  of 
the  General  Laws,  including  not  more  than 
two  permanent  positions   ....        $12,000  00 


Service  of  the  Treasurer  and  Receiver-General. 

0601-01  For  the  salary  of  the  treasurer  and  receiver- 
general    ....... 

0601-02  For  salaries  of  officers  and  employees  holding 
positions  established  by  law,  and  additional 
clerical  and  other  assistance,  including  not 
more  than  thirty-eight  permanent  positions, 
to  be  in  addition  to  the  amount  authorized 
for  the  purpose  in  Item  2970-09 

0601-03  For  services  other  than  personal,  traveling  ex- 
penses, office  supplies  and  equipment 

Total 


$6,000  00 


66,820  00 

19,500  00 

$92  320  00 


Commissioners  on  Firemen's  Relief: 
0602-01     For  relief  disbursed,  with  the  approval  of  the 
commissioners  on  firemen's  relief,   subject 
to  the  provisions  of  law     ....        $15,000  00 
0602-02     For  expenses  of  administration  by  the  com- 
missioners on  firemen's  relief      .  .  .  300  00 

Total $15,300  00 

Payments  to  Soldiers: 
0603-01      For  making  i)ayments  to  soldiers  in  recogni- 
tion of  service  during  the  world  war  and  the 
Spanish  war,  as  provided  by  law         .  $1,000  00 

State  Board  of  Retirement: 
0604-01      P^or   personal   services  in   the   administrative 
office    of    the    state   board    of    retirement, 
including  not  more  than  nine   permanent 
positions  ......       $16,260  00 


Acts,  1945.  -   •  Chap.  404. 


877 


Item 
(1604-02 


OrtO'l  03 


0604-0-4 


0004-05 


For  services  other  than  personal,  printing  the 
annual  report,  and  for  office  supplies  and 
oqiiipment .'S;l,.325  00 

For  requirements  of  annuity  funds  and  pen- 
sions for  employees  retired  from  the  state 
service  under  authority  of  law,  to  be  in  ad- 
dition to  the  amount  appropriated  in  Item 
2970-01  . 529,000  00 

To  meet  deficits  in  the  annuity  reserv^e  fund 
of  the  state  employees'  retirement  system, 
up  to  and  including  December  thirty-first, 
nineteen  huncked  and  forty-four  .  .  9(5,372  54 

To  assist  in  meeting  the  liability  of  the  com- 
monwealth to  pay  contributions  to  the  state 
employees'  retirement  system  on  account  of 
members  thereof  in  the  military  or  naval 
service,  as  authorized  by  chapter  seven 
hundred  and  eight  of  nineteen  hundred  and 
forty-one,  as  amended       ....        100,000  00 

Total $742,957  54 


Service  of  (he  Emergency  Finance  Board. 

0605-01  For  administrative  expenses  of  the  emergency 
finance  board,  including  not  more  than 
eight  permanent  positions 
(Reimbursement  to  cities  and  towns  for  plans 
for  sewage  treatment  works.  This  item 
omitted.) 


.« 14,200  00 


Sendee  of  the  State  Emergency  Public  Works  Comynis&ion. 
0606-01     For  personal  services  and  other  expenses  of  the 


state  emergency  public  works  commission, 
including  not  more  than  six  permanent  posi- 
tions       .      '    . 


$17,500  00 


Service  of  the  Auditor  of  the  Commonwealth. 

0701-01     For  the  salary  of  the  auditor  .  .  $6,000  00 

0701-02  For  personal  services  of  deputies  and  other 
assistants,  including  not  more  than  thirty- 
three  permanent  positions,  to  be  in  addition 
to  the  amount  authorized  for  this  purpose 

in  Item  2970-09 03,725  00 

0701-03  For  services  other  than  personal,  traveling  ex- 
penses, office  supplies  and  equipment  8,500  00 

Total $78,225  00 


Service  of  the  Attorney  General's  Department. 

0801-01     For  the  salary  of  the  attorney  general    .  $8,000  00 

0801-02  For  the  compensation  of  assistants  in  his  office, 
and  for  such  other  legal  and  personal  ser%'ices 
as  may  be  required,  including  not  more  than 
thirty-seven  permanent  positions         .  .        135,540  00 

0801-03  For  services  other  than  personal,  traveling  ex- 
penses, office  supplies  and  equipment  .  .  12,000  00 

0802-01  For  the  settlement  of  certain  claims,  as  pro- 
vided by  law,  on  account  of  damages  by  cars 
owned  by  the  commonwealth  and  operated 
by  state  employees  .....  8,000  00 


378 


Acts,  1945.  —  Chap.  404. 


Item 
0802-02 


For  the  settlement  of  certain  small  claims,  as 
authorized  by  section  three  A  of  chapter 
twelve  of  the  (irneral  Laws  $4,000  (¥) 

Total $167,540  00 


0803-06 


0901-01 
0901-02 


0901-03 
0901-04 


0901-11 
0901-21 


0905-01 
0905-02 
0905-03 


Special : 
For  the  cost  of  providing  certain  legal  assist- 
ance for  the  benefit  of  veterans,  their  wives 
and  dependents         ..... 


Service  of  the  Department  of  Agriculture. 

For  the  salary  of  the  commissioner 

For  personal  services  of  clerks  and  stenogra- 
phers, including  not  more  than  seventeen 
permanent  positions  .... 

For  traveling  expenses  of  the  commissioner     . 

For  services  other  than  personal,  printing  the 
annual  report,  office  supplies  and  equipment, 
and  printing  and  furnisliing  trespass  posters 

For  compensation  and  expenses  of  members 
of  the  advisory  board         .... 

For  services  and  expenses  of  apiary  inspection, 
including  not  more  than  one  permanent  po- 
sition      ....... 

Total 


Division  of  Dairying  and  Animal  Husbandry : 

For  personal  services,  including  not  more  than 

five  permanent  positions    .... 

For  other  expenses,  including  the  enforcement 

of  the  dairy  laws  of  the  commonwealth 
For  administering  the  law  relative  to  the  in- 
spection of  barns  and  dairies  by  t^e  depart- 
ment of  agriculture,  including  not  more  than 
ten  permanent  positions    ....  35,000  00 

Total $54,140  00 


$20,000  00 

$6,000  00 

27,530  00 
700  00 

10,000  00 

500  00 

2,500  00 

$47,230  00 

$14,340  00 

4,800  00 

Milk  Control  Board: 

0906-01  For  personal  services  of  members  of  the  board 
and  their  employees,  including  not  more  than 
fifty-five  permanent  positions     .  $124,000  00 

0906-02  For  other  administrative  expenses  of  the  board, 
including  office  expenses,  rent,  travel  and 
special  services  .....  49, .500  00 

0906-03     (This  item  omitted.) 

(Study  of  cost  of  distributing  milk  in  Massa- 
chusetts.    This  item  omitted.) 

Total $173,500  00 


0907-01 
0907-02 


0907-03 


Division  of  Livestock  Disease  Control: 
For  the  salary  of  the  director         .  .  .  $4,000  00 

For  personal  services  of  clerks  and  stenogra- 
phers, including  not  more  than  eighteen  per- 
manent positions  .....  25,000  00 
For  services  other  than  personal,  including 
printing  the  annual  report,  traveling  ex- 
penses of  the  director,  office  supplies  and 
equipment,  and  rent          ....  8,400  00 


Acts,  1945.  —  Chap.  404. 


379 


Item 
0907-04 


0907-05 
0907-06 


0907-07 


For  personal  services  of  veterinarians  and 
agents  engaged  in  the  work  of  extermina- 
tion of  contagious  diseases  among  domestic 
animals,  including  not  more  than  twelve  full- 
time  permanent  positions  and  not  more  than 
one  hundred  and  fifteen  i^ermanent  inter- 
mittent positions       .....        $52,500  00 

For  traveling  expenses  of  veterinarians  and 
agents 8,000  00 

For  reimbursement  of  owners  of  horses  killed 
during  the  year  nineteen  hundred  and  forty- 
six  and  previous  years,  travel,  when  allowed, 
of  inspectors  of  animals,  incidental  expenses 
of  killing  and  burial,  quarantine  and  emer- 
gency services,  and  for  laboratory  and  vet- 
erinary supplies  and  equipment  .  3,740  00 

For  reimbursement  of  owners  of  tubercular 
cattle  killed,  as  authorized  by  section 
twelve  A  of  chapter  one  hundred  and 
twenty-nine  of  the  General  Laws,  and  in 
accordance  with  certain  provisions  of  law 
and  agreements  made  under  authority  of 
section  thirty-three  of  said  chapter  one 
hundred  and  twenty-nine  during  the  year 
nineteen  hundred  and  forty-six  and  the 
previous  year,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the 
purpose 30,000  00 

Total $131,640  00 


Reimbursement  of  towns  for  inspectors  of 
animals: 
0907-08     For  the  reimbursement  of  certain  towns  for 
compensation  paid  to  inspectors  of  animals  . 


$4,500  00 


Division  of  Markets: 

0908-01  For  personal  services,  including  not  more  than 
thirteen  permanent  positions 

0908-02     For  other  expenses        ..... 

0908-03  For  the  cost  of  work  of  inspecting  certain 
orchards  within  the  commonwealth  to  pro- 
vide for  effective  apple  pest  control     . 

Total 


$30,300  00 
7,250  00 


1,700  00 
$39,250  00 


0909-01 

0909-02 
0909-11 


0909-12 


0909-13 


Di\asion  of  Plant  Pest  Control  and  Fairs: 
For  personal  services,  including  not  more  than 

four  permanent  positions  ....        $10,280  00 

For  travel  and  other  expenses  5,000  00 

For  work  in  protecting  the  pine  trees  of  the 
commonwealth  from  white  pine  blister  rust, 
and  for  payments  of  claims  on  account  of 
currant  and  gooseberry  bushes  destroyed  in 
the  work  of  suppressing  white  pine  blister 
rust         .         .         .         .         .         .  5,000  00 

For  quarantine  and  other  expenses  in  connec- 
tion with  the  work  of  suppression  of  the 
European  corn  borer,  so  called,  to   be  in 
addition  to  any  amount  heretofore  appro- 
priated for  the  purpose     ....  2,000  00 

For  quarantine  and  other  expenses  in  connec- 
tion with  the  work  of  suppression  of  the 
Japanese  beetle,  so  called  .         .         .  1,750  00 


380 


Acts,  1945.  —  Chap.  404. 


Item 
0909-14 

0909-21 


0010-01 


For  personal  services  and  expenses  in  connec- 
tion with  the  work  of  suppression  of  the 
Dutch  elm  disease,  so  called       .  .  .  $4,000  00 

For  state  prizes  and  agricultural  exhibits  in- 
cluding allotment  of  funds  for  the  4-H  club 
activities,  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  this  purpose, 
and  any  unexpended  balance  remaining  at 
the  end  of  the  year  nineteen  hundred  and 
forty-six  may  be  used  in  the  succeeding 
year 20,000  00 

Total  .......       $48,030  00 

State  Reclamation  Board: 
For  expenses  of  the  board,  including  not  more 

than  four  permanent  positions   .  .  $8,600  00 


Service  of  the  Department  of  Conservation. 

Administration : 
1001-01     For  the  salary  of  the  commissioner         .  $6,000  00 

1001-02     For  traveling  expenses  of  the  commissioner   .  400  00 

1001-03     For  services  other  than  personal,   including 

printing,  supplies  and  equipment,  and  rent  5,000  00 

1001-04  For  clerical  and  other  assistance  to  the  com- 
missioner, including  not  more  than  twelve 
permanent  positions  ....  33,840  00 

Total $45,240  00 


Division  of  Forestry: 

1002-01  For  personal  services  of  office  assistants,  in- 
cluding not  more  than  four  permanent  posi- 
tions         $6,360  00 

1002-02  For  services  other  than  personal,  including 
printing  the  annual  report,  and  for  travel- 
ing expenses,  necessary  office  supplies  and 
equipment,  and  rent  ....  2,500  00 

1002-1 1  For  aiding  towns  in  the  purchase  of  equipment 
for  extinguishing  forest  fires  and  for  making 
protective  belts  or  zones  as  a  defence  against 
forest  fires,  for  the  year  nineteen  hundred 
and  forty-six  and  for  previous  years   .  .  2,000  00 

1002-12  For  personal  services  of  the  state  fire  warden 
and  his  assistants,  and  for  other  services, 
including  traveling  expenses  of  the  state 
fire  warden  and  his  assistants,  necessary 
supplies  and  equipment  and  materials  used 
in  new  construction  in  the  forest  fire  pre- 
vention ser\ace,  including  not  more  than 
fifteen  permanent  positions         .  .  .  97,000  00 

1002-14  For  the  expenses  of  forest  fire  patrol,  as  au- 
thorized by  section  twenty-eight  A  of  chap- 
ter forty-eight  of  the  General  Laws     .  .  9, .500  00 

1002-15  For  reimbursement  to  certain  towns,  as  au- 
thorized by  section  twenty-four  of  said  chap- 
ter forty-eight  ."....  1 ,000  00 

1002-18  For  personal  services  and  expenses,  including 
not  more  than  two  permanent  positions,  in 
connection  with  establishing  forest  cutting 
practices,  as  authorized  by  chapter  five  hun- 
dred and  thirty-nine  of  the  acts  of  nineteen 
hundred  and  forty-three    ....  5,600  00 


I 


Acts,  1945.  —  Chap.  404.  ;18] 

Item 

1002-21  For  the  development  of  state  forests,  iucluding 
not  more  than  twenty  permanent  positions, 
and  including  salarias  and  expenses  of  for- 
esters and  the  cost  of  maintenance  of  suob 
nurseries  as  may  be  necessarj'  for  the  grow- 
ing; of  seedlings  for  the  planting  of  state  for- 
ests, as  authorized  by  sections  one,  six,  nine 
and  thirty  to  thirty-six,  inclusive,  of  chap- 
ter one  hundred  and  thirty-two  of  the  Gen- 
eral Laws,  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  this  purpose      .      $124,000  00 

1002-31  For  the  suppression  of  the  gypsy  and  brown 
tail  moths,  including  not  more  than  seven 
permanent  positions,  and  for  expenses  in- 
cidental thereto,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the 
purpose 35,000  00 


Total $282,960  00 

Special: 
1002  55     For  the  purchase  and  installation  of  certain 
two-way  radio  equipment  m  the  forest  fire 
radio  communication  system      .  .  .        $25,000  00 

Division  of  Fisheries  and  Game: 
The  comptroller  is  authorized  to  establish  on 
the  books  of  the  commonwealth  an  account 
to  record  the  excess,  if  any,  of  the  aggregate 
amount  of  money  received  by  the  division 
of  fisheries  and  game  and  the  division  of 
wild  life  research  and  management  in  the 
department  of  conservation  during  the  pe- 
riod beginning  July  first,  nineteen  hundred 
and  forty-five  and  ending  June  thirtieth, 
nineteen  hundred  and  forty-six,  from  license 
fees,  fines  and  other  sources,  over  the  aggre- 
gate amount  expended  by  or  on  account  of 
said  divisions  during  the  same  period.  The 
amount  so  recorded,  together  with  the  ex- 
cess accumulated  during  the  period  begin- 
ning December  first,  nineteen  hundred  and 
forty-two  and  ending  June  thirtieth,  nine- 
teen hundred  and  forty-five,  as  recorded 
under  the  provisions  of  chapter  three  hun- 
dred and  seventy  of  the  acts  of  nineteen 
himdred  and  forty-three,  shall  be  available 
for  appropriation  for  expenditure  by  or  on 
account  of  said  divisions  during  the  next 
succeeding  fiscal  year  and  for  such  post-war 
program  as  may  subsequentlj'  be  submitted 
for  consideration  bv  the  legislature. 
1004-01  For  the  salary  of  the  "director  .  $5,000  00 
1004-02  For  personal  services  of  office  assistants,  in- 
cluding not  more  than  nine  permanent  posi- 
tions         15,040  00 

1004-03  For  services  other  than  personal,  including 
printing  the  annual  report,  traveling  ex- 
penses and  necessary  office  supplies  and 
equipment,  and  rent  ....  5,500  00 

Enforcement  of  laws: 
1004-11     For  personal  services  of  conservation  officers, 
including  not  more  than  thirty-seven  per- 
manent positions       .....  70,000  00 


382 


Acts,  1945. —Chap.  404. 


Item 
1004-12 


1004-21 
1004-22 

1004-31 
1004^32 

1004-35 


1004-41 
1004-42 


1004-45 


1004-4G 
1004-47 


1004-51 

1004-52 
1004-53 


1004-70 


For  traveline;  expenses  of  conservation  officers, 
and  for  other  expenses  necessary  for  the  en- 
forcement of  the  laws  .  $25,000  00 

Biological  work : 

Vor  personal  services  t.o  (%'irry  i>n  biological 
work,  including  not  more  than  one  perma- 
nent position  .  2,160  00 

For  traveling  and  other  expenses  of  the  biolo- 
gist and  his  assistants        ....  1 ,000  00 

Propagation  of  game  birds,  etc. : 
For  personal  services  of  employees  at  game 
farms   and    fish    hatcheries,    including   not 
more  than  twenty-five  permanent  positions  .  75,000  00 

For  other  maintenance  expenses  of  game  farms 
and  fish  hatcheries,  and  for  the  propagation 
of  game  birds  and  animals  and  food  fish  80,000  00 

Damages  by  wild  deer  and  wild  moose: 
For  the  payment  of  damages  caused  by  wild 
deer  and  wild  moose,  for  the  year  nineteen 
hundred    and    forty-six    and    for    previous 
years,  as  provided  by  law  5,000  00 

Supervision  of  public  fishing  and  hunting 
grounds : 
For  personal  services    .....  2,280  00 

For  other  expenses       .....  1,000  00 

Specials : 

For  expenses  of  providing  for  the  establish- 
ment and  maintenance  of  public  fishing 
grounds 5,000  00 

(See  Item  No.  1004-87.) 

For  consultants  and  other  personal  services, 
and  for  expenses,  in  connection  with  a  bio- 
logical survey  of  the  streams  and  waters  of 
the  commonwealth  to  be  made  under  the 
direction  of  the  commissioner  of  conserva- 
tion          8,000  00 

Total $299,980  00 

Division  of  Wild  Life  Research  and  Man- 
agement (it  is  hereby  provided  that 
federal  funds  received  as  reimbursements 
under  the  following  items  are  to  be  cred- 
ited to  the  General  Fund  as  income  of  the 
division  of  fisheries  and  game) : 
For  personal  services,  including  not  more  than 

four  permanent  positions  ....        $14,()50  00 
For  other  expenses  ....  3,700  00 

For  expenses  of  establishing  and  conducting 
co-operative  wild  life  restoration  projects,  as 
authorized  by  chapter  three  hundred  and 
ninety-two  of  the  acts  of  nineteen  hundred 
and  thirty-eight,  including  not  more  than 
two  permanent  positions   ....  20,000  00 

Total  .......       $38,350  00 

Division  of  Marine  Fisheries: 
For  the  salary  of  the  director  $5,000  00 


Acts,  1945.  —  Chap.  404. 


383 


teni 
1004-71 


1004-72 


1004-81 


1004-82 


1004-83 


1004-84 


1004-85 


1004-87 
1004^90 


1004-91 


T''or  personal  services,  inchuiing  not  more  ihiin 
seven  permanent  positions,  and  including 
personal  servicers  required  in  eonneetion  with 
the  activities  provided  for  under  items  1004- 
84  and  1004-85 $17,700  00 

l'"or  services  other  than  personal,  traveling  ex- 
penses, necessary  office  supplies  and  equip- 
ment, and  rent,  and  including  other  expenses 
required  in  connection  with  the  activities 
provided  for  under  items  1004-84  and 
1004-85 5,000  00 

Enforcement  of  shellfish  and  other  marine 
fishery  laws: 

For  personal  services  for  the  administration 
and  enforcement  of  laws  relative  to  shellfish 
and  other  marine  fisheries,  and  for  regulating 
the  sale  and  cold  storage  of  fresh  food  fish, 
including  not  more  than  sixteen  permanent 
positions 43,735  00 

]''or  other  expenses  of  the  administration  and 
enforcement  of  laws  relative  to  shellfish  and 
other  marine  fisheries  and  for  regulating  the 
sale  and  cold  storage  of  fresh  food  fish  10,300  GO 

For  expenses  of  purchasing  lobsters,  subject 
to  the  conditions  imposed  by  section  forty- 
three  of  chapter  one  hundred  and  thirty  of 
the  General  Laws;  provided,  that  the  price 
paid  for  such  lobsters  shall  not  exceed  the 
prevailing  wholesale  price  for  such  lobsters 
in  the  district  where  purchased  1,000  00 

For  the  cost  of  assisting  coastal  cities  and 
towns  in  the  propagation  of  shellfish  through 
the  purchase  of  shellfish  seed,  as  authorized 
by  section  twenty  of  chapter  one  hundred 
and  thirty  of  the  General  Laws  10,000  00 

For  reimbursement  to  coastal  cities  and  towns 
of  a  part  of  the  cost  of  work  done  by  them 
in  the  suppression  of  enemies  of  shellfish,  as 
authorized  by  section  twenty  of  chapter  one 
hundred  and  thirty  of  the  General  Laws     .  5,000  00 

Total S97,735  00 

Specials: 

For  the  cost  of  construction  and  improvement 

of  certain  fishways    ....  $5,000  00 

For  services  and  expenses  of  the  Atlantic  States 
Marine  Fisheries  Commission,  as  author- 
ized by  chapter  four  hundred  and  eighty- 
nine  of  the  acts  of  nineteen  hundred  and 
forty-one 4,400  00 

Bounty  on  seals: 
For  bovmties  on  seals  .....  $400.  00 


Service  of  the  Department  of  Hanking  and  Insurance, 

Division  of  Banks : 
1101-01     For  the  salary  of  the  commissioner  .  $7,500  00 

1101-02  For  services  of  deputy,  directors,  examiners 
and  assistants,  clerks,  stenographers  and 
experts,  including  not  more  than  one  hun- 
dred and  forty-one  permanent  po8iti<jns  364,000  00 


384 


Acts,  1945.  —  Chap.  404. 


It-em 
1101-03 


1102-01 


1102-02 


1103-01 
1103-02 


1103-03 


1104-01 


1105-01 


1105-02 


For  services  other  than  personal,  printing  the 
annual  report,  traveling  expenses,  office 
supplies  and  equipment  $60,000  00 

Total f  431, .500  00 

Supervisor  of  Loan  Agencies: 
For  personal  services  of  supervisor  and  assist- 
ants, including  not  more  than  seven  perma- 
nent positions $14,220  00 

For  services  other  than  personal,  printing  the 
annual  report,  office  supplies  and  equip- 
ment         1,000  00 

Total  .......       $15,220  00 

Division  of  Insurance: 
For  the  salary  of  the  commissioner  $7,500  00 

For  other  personal  services  of  the  division,  in- 
cluding expenses  of  the  board  of  appeal  and 
certain  other  costs  of  supervising  motor 
vehicle  liability  insurance,  and  including 
not  more  than  one  hundred  and  sixty-six 
permanent  positions,  partly  chargeable  to 

item  2970-02 290,000  00 

For  other  services,  including  printing  the  an- 
nual report,  traveling  expenses,  necessary 
office  supplies  and  equipment  and  rent  of 
offices 83,000  00 

Total $380,500  00 

Board  of  Appeal  on  Fire  Insurance  Rates: 
For  expenses  of  the  board     ....  $100  00 

Division  of  Savings  Bank  Life  Insurance: 
For  personal  services  of  officers  and  employees, 
including  not  more  than  thirty-one  perma- 
nent positions $55,000  00 

For  services  other  than  personal,  printing  the 
annual  report,  traveling  expenses,  rent  and 
equipment        ......  16,500  00 

Total $71,500  00 


Service  of  the  Department  of  Corporations  and  Taxation. 

Corporations  and  Tax  Divisions: 
1201-01     For  the  salary  of  the  commissioner  $8,500  00 

1201-02  For  the  salaries  of  certain  positions  filled  by 
the  commissioner,  with  the  approval  of  the 
governor  and  council,  and  for  additional 
clerical  and  other  assistance,  including  not 
more  than  one  hundred  and  twenty-nine 
permanent  positions,  partly  chargeable  to 
Item  2970-03;  and  it  is  hereby  further  pro- 
vided that  the  sum  of  fifty  thousand  dollars, 
which  represents  the  estimated  annual  cost 
of  collection  of  alcoholic  beverages  taxes,  so 
called,  and  which  is  hereby  included  in  this 
appropriation,  shall  be  transferred  to  the 
Cieneral  Fund  from  fees  collected  under  sec- 
tion twenty-seven  of  chapter  one  hundred 
and  thirty-eight  of  the  General  Laws  220,000  00 


Acts,  1945.  —  Chap.  404. 


385 


Item 
1201-03     For  other  services,  necessary  office  supplies  and 
equipment,  travel,  and  for  printing  the  an- 
nual report,  other  publications  and  valua- 
tion books        ...... 

Total 

Reimbursement  for  loss  of  taxes: 
1201-05  For  reimbursing  cities  and  towns  for  loss  of 
taxes  on  land  used  for  state  institutions  and 
certain  other  state  activities,  as  certified  by 
the  commissioner  of  corporations  and  taxa- 
tion for  the  calendar  year  nineteen  hundred 
and  forty-five  ...... 

Division  of  field  investigation  and  tempo- 
rary taxes: 
1201-11     For  personal  services,  including  not  more  than 

thirty-six  permanent  positions   . 
1201-12     For  expenses  other  than  personal  services 

Total  .  : 


Excise  upon  charges  for  meals  (the  follow- 
ing   two    items    shall    be    payable    from 
amounts   collected    under  chapter  sixty- 
four  B  of  the  General  Laws) : 
For  personal  services  of  the  director,  assistant 
director,  and  other  necessary  employees  for 
the  administration  of  an  excise  on  meals, 
including  not  more  than  thirty-two  perma- 
nent positions  .... 
For  expenses  other  than  personal  services  for 
,  the  administration  of  an  excise  on  meals,  as 
provided   by  chapter  sixty-four  B  of  the 
General  Laws  ..... 

Total 

Income  Tax  Division  (the  two  following  ap- 
propriations are  to  be  made  from  the 
receipts  from  the  income  tax): 

For  personal  services  of  the  director,  assistant 
director,  assessors,  deputy  assessors,  clerks, 
stenographers  and  other  necessary  assist- 
ants, including  not  more  than  two  hundred 
and  eighty-seven  permanent  positions 

For  services  other  than  personal,  and  for  trav- 
eling expenses,  office  supplies  and  equip- 
ment, and  rent  ..... 

Total 

Division  of  Accounts: 

For  personal  services,  including  not  more  than 
one  hundred  and  eleven  permanent  positions 
partly  chargeable  to  Item  1203-11 

For  other  expenses       ..... 

For  services  and  e.xpense.s  of  auditing  and  in- 
stalling systems  of  municipal  accounts,  the 
cost  of  which  is  to  be  assessed  upon  the  mu- 
nicipalities for  which  the  work  is  done 

lor  the  expenses  of  certain  books,  forms  and 
other  material,  which  may  be"  sold  to  cities 
and  towns  requiring  the  same  for  maintain- 
ing their  system  of  accounts 


1201-21 


1201-22 


1202-01 


1202  02 


1203-01 


1203-02 
1203-11 


1203-12 


$48,000  00 
$276,500  00 


$167,064  26 


$67,000  00 
15,000  00 

$82,000  00 


$48,000  00 


13,600  00 
$61,600  00 


$565,000  00 

185,000  00 
$750,000  00 


$113,000  00 
10,000  00 


237,840  00 
24,000  00 


386 


Acts,  1945. —  Chap.  404. 


Item 
1203-21     For  the  administrative  expenses  of  the  county 
personnel  board,  including  not  more  than 
five  permanent  positions   ....  $7,740  00 

Total $392,580  00 

Appellate  Tax  Board: 

1204-01  For  personal  services  of  the  members  of  the 
board  and  employees,  including  not  more 
than  twenty-seven  permanent  positions      .        $89,310  00 

1204-02  For  services  other  than  personal,  traveling  ex- 
penses, office  supplies  and  equipment,  and 
rent 26,000  00 

Total $115,310  00 


Service  of  the  Deparlnienl  of  Educalion. 

1301-01     For  the  salary  of  the  commissioner  .  $9,000  00 

1301-02  P'or  personal  services  of  officers,  agents,  clerks, 
stenographers  and  other  assistants,  includ- 
ing not  more  than  fifty-two  peimanent  posi- 
tions ."        .  .        150,980  00 

1301-03  For  traveling  expenses  of  members  of  the  ad- 
visory board  and  of  agents  and  employees 
when  required  to  travel  in  discharge  of  their 
duties 5,400  00 

1301-04  For  services  other  than  personal,  necessary 
office  supplies,  and  for  printing  the  annual 
report  and  bulletins  as  provided  by  law  11,400  00 

1301-05  For  expenses  incidental  to  furnishing  school 
committees  with  rules  for  testing  the  sight 
and  hearing  of  pupils         ....  200  00 

1301-06     For  printing  school  registers  and  other  school 

blanks  for  cities  and  towns         .  .  2,000  00 

1301-07     For  expenses  of  holding  teachers'  institutes  1,000  00 

1301-08  For  aid  to  certain  pupils  in  state  teachers'  col- 
leges, under  the  direction  of  the  department 
of  education 5,000  00 

1301-09  For  assistance  to  children  of  certain  war  veter- 
ans, for  the  year  nineteen  hundred  and  forty- 
six  and  for  previous  years,  as  authorized  by 
chapter  two  hundred  and  sixty-three  of  the 
acts  of  nineteen  hundred  and  thirty,  as 
amended 5,000  00 

1301-10  For  the  maintenance  and  operation  of  the 
state  building  on  Newbury  street,  Boston, 
including  not  more  than  four  permanent 
positions  .  ,  .  .  .  17,600  00 

Total $207,480  00 


Special  (Newbury  Street  Building) : 
1301-14     Por  certain  painting  at  the  state  building  on 

Newbury  street,  Boston     ....  $1,500  00 

Specials: 
1301-26  For  the  cost  of  preparation,  j^rinting  and  dis- 
tribution of  courses  of  study  for  elementary 
grades  in  certain  subjects,  including  science, 
to  be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose      .  $5,000  00 

(Distribution    of    General    Laws    relating    to 
public  education.    This  item  omitted.) 


Acts,   1945.  —  Chap.  404.  387 

Item 

1301-27  For  personal  services  and  expenses  of  a  sum- 
mer school  at  Hyannis,  with  the  approval 
of  the  commissioner  of  education,  to  be  in 
addition  to  sums  heretofore  made  available 
for  the  purpose $5,000  00 

1301-28  For  the  cost  of  board,  room  and  transporta- 
tion of  certain  pupils  formerly  enrolled  at 
the  state  teachers'  college  at  Hyannis  who 
have  transferred  to  other  state  teachers' 
colleges 5,260  00 

Total $15,260  00 

Division  of  Vocational  Education: 

1301-30  For  aid  to  certain  persons  receiving  instruc- 
tion in  the  courses  for  vocational  rehabilita- 
tion, as  authorized  by  section  twenty-two  B 
of  chapter  seventy-four  of  the  General 
Laws $7,500  00 

1301-31  For  the  training  of  teachers  for  vocational 
schools,  to  comply  with  the  requirement  of 
federal  authorities  under  the  provisions  of 
the  Smith-Hughes  act,  so  called,  including 
not  more  than  twenty  permanent  positions  .  31,300  00 

1301-32  For  the  expenses  of  promotion  of  vocational 
rehabilitation  in  co-operation  with  the  fed- 
eral government        .....  71,500  00 

Total $110,300  00 

Education  of  deaf  and  blind  pupils: 
1301-41     For  the  education  of  deaf  and  blind  pupils  of 
the  commonwealth,  as  provided  by  section 
twenty-six  of  chapter  sixtv-nine  of  the  Gen- 
eral Laws         .  .         ^  .  .  .      $440,000  00 

Reimbursement  and  aid: 

1301-61  For  assisting  small  towns  in  providing  them- 
selves with  school  superintendents,  as  pro- 
vided by  law $96,500  00 

1301-52  For  the  reimbursement  of  certain  towns  for 
the  payment  of  tuition  of  pupils  attending 
high  schools  outside  the  towns  in  which  they 
reside,  as  provided  by  law  .  .  190,000  00 

1301-53  For  the  reimbursement  of  certain  towns  for 
the  transportation  of  pupils  attending  high 
schools  outside  the  towns  in  which  they  re- 
side, as  provided  by  law    ....        190,000  00 

1301-54  For  the  reimbursement  of  certain  cities  and 
towns  for  a  part  of  the  expenses  of  main- 
taining agricultural  and  industrial  voca- 
tional schools,  as  provided  by  law  1,922,584  23 

1301-55     For  reimbursement  of  certain  cities  and  towns 

for  adult  I'.nglish-speaking  classes       .  80,000  00 


Total $2,479,084  23 

.  University  Extension  Courses: 
1301-61     For  personal  services,  including  not  more  than 

forty-five  permanent  positions    .  $156,0(XJ  00 

1301-62     For  other  expenses 50,000  00 


Total $205,000  00 


388 


Acts,  1945.  —  CHAr.  404. 


Item 
1301-64 
1301-65 


1302-01 
1302-02 


English-speaking  Classes  for  Adults: 
For  personal  services  of  administration,  includ- 
ing not  more  than  two  permanent  positions  .  $6,100  00 
For  other  expenses  of  administration                .  1,700  00 

Total $7,800  00 

Division  of  Immigration  and  Americaniza- 
tion: 
For  personal  services,  including  not  more  than 

nineteen  permanent  positions     .  .  .        $37,140  00 

For  other  expenses       .....  7,500  00 

Total S44,640  00 


Division  of  Public  Libraries: 
1303-01     For  personal  services  of  regular  agents  and 
other  assistants,  including  not  more  than 
thirteen  permanent  positions      .  $26,720  00 

1303-02  For  other  services,  including  printing  the  an- 
nual report,  traveling  expenses,  necessary 
office  supplies  and  expenses  incidental  to 
the  aiding  of  public  libraries  12,500  00 

Total $39,220  00 


Division  of  the  Blind: 

1304-01  For  general  administration,  furnishing  infor- 
mation, industrial  and  educational  aid,  and 
for  carrying  out  certain  provisions  of  the 
laws  establishing  said  division,  including 
not  more  than  twenty-two  permanent  posi- 
tions         $52,900  00 

1304-06  For  instruction  of  the  adult  blind  in  their 
homes,  including  not  more  than  fourteen 
permanent  positions  ....  19,500  00 

1304-08  For  aiding  the  adult  blind,  subject  to  the  con- 
ditions provided  by  law     ....        275,000  00 

1304-10  For  expenses  of  administering  and  operating 
the  services  of  piano  tuning  and  mattress 
renovating  under  section  twenty-five  of 
chapter  sixty-nine  of  the  General  Laws  27,500  00 

1304-11  For  personal  services  and  other  expenses  in 
connection  with  the  operation  of  local  shops, 
including  not  more  than  nine  permanent 
positions,  but  excluding  the  purchase  of 
merchandise  and  payments  to  blind  em- 
ployees     22,700  00 

1304-12  For  the  purchase  of  merchandise  and  pay- 
ments to  blind  employees  in  connection 
with  the  operation  of  local  shops  .  51,900  00 

1304-13  For  personal  services  and  other  expenses  in 
connection  with  the  operation  of  the  Wool- 
son  House  industries,  including  not  more 
than  two  permanent  positions,  but  exclud- 
ing the  purchase  of  merchandise  and  pay- 
ments to  blind  persons       ....  7,657  00 

1 304-1 4  For  the  purchase  of  merchandise  and  pa y ments 
to  blind  employees  in  connection  with  the 
Woolson  House  industries  43,000  00 

1304-15  F'or  the  operation  of  the  salesroom  and  other 
expenses  in  connection  with  the  sale  of  ma- 
terials made  by  blind  persons,  including  not 
more  than  two  permanent  positions   .         .  20,000  00 


Acts,  1945.  —  Chap.  404. 


389 


Item 

1304-16  For  personal  services  and  other  expenses  in 
connection  with  the  operation  of  certain  in- 
dustries for  men,  including  not  more  than 
six  permanent  positions,  hut  excluding  the 
purchase  of  merchandise  and  payments  to 
blind  persons   ...... 

1 304-1 7  For  the  purchase  of  merchandise  and  payments 
to  blind  employees  in  connection  with  cer- 
tain industries  for  men      .... 

Reimbursement : 
1304-27     For  expenses  of  providing  sight-saving  classes, 
with  the  approval  of  said  division 

Total 

Teachers'  Retirement  Board: 

1305-01  For  personal  services  of  employees,  including 
not  more  than  eleven  permanent  positions  . 

1305-02  For  services  other  than  personal,  including 
printing  the  annual  report,  traveling  ex- 
penses, office  supplies  and  equipment,  and 
rent         ....... 

1305-03     I'^or  payment  of  pensions  to  retired  teachers 

1305-07  To  meet  deficits  in  the  annuity  reserve  fund 
of  the  teachers'  retirement  fund  up  to  and 
including  December  thirty-first,  nineteen 
hundred  and  forty-four,  and  to  restore  to 
the  surplus  interest  account  the  amounts 
which  the  teachers'  retirement  board  has 
heretofore  been  authorized  and  directed  by 
the  general  court  to  transfer  from  said  sur- 
plus interest  account  to  meet  deficits  in  said 
annuity  fund    ...... 

Reimbursement : 
1305-04     For  reimbursement  of  certain  cities  and  towns 
for  pensions  to  retired  teachers 

Total 

Massachusetts  Maritime  Academy: 

1306-01  For  personal  services  of  the  secretary  and  office 
assistants,  including  not  more  than  three 
permanent  positions 

1306-02  For  services  other  than  regular  clerical  serv- 
ices, including  printing  the  annual  report, 
rent,  office  supplies  and  equipment     . 

1306-10  For  the  maintenance  of  the  academy  and  ship, 
including  not  more  than  forty  permanent 
positions  ...... 

1306-21  For  the  construction  of  an  engineering  and 
laboratory  building  to  include  space  for  the 
housing  of  certain  equipment,  and  for  the 
cost  of  installation  of  certain  steam  lines 
and  other  utility  services  . 

1306-22  For  the  purchase  of  certain  sailing  boats  to  be 
used  for  training  and  instruction 

1306-23  For  the  construction  of  an  armory  and  drill 
hall,  including  furnishings  and  equipment 
and   the  installation   therein  of  a  heating 

Elant,  and  for  certain  changes  to  existing 
eating  facilities  at  the  academy 


$22,000  00 


160,000  00 


20,125  00 

$722,282  00 


.'$19,260  00 


5,800  00 
2,050,000  00 


246,608  40 


437,381  93 


$2,759,050  33 


5,495  00 


2,400  00 


141,145  00 


65,000  00 
4,500  00 


300,000  00 


Total  . 


.     $519,640  00 


390 


Acts,  1945.  —  Chap.  404. 


Item 


1307-CO 

1307-^21 

1307-31 

1308-00 

1308-21 

1308-34 
1309-00 

1309-21 

1309-32 
1311-00 
1312-00 

1312-21 

1313-00 
1313-34 
1313-35 
1313-36 
1313-37 
1314-00 

1314-21 


For  the  raaintenatice  of  and  for  certain  im- 
provements at  the  following  state  teach- 
ers' colleges,  and  the  boarding  halls  at- 
tached thereto,  with  the  approval  of  the 
commissioner  of  education;  provided, 
that,  if  in  the  opinion  of  said  commis- 
sioner, the  continued  operation  of  any 
state  teachers'  college  is  impractical  be- 
cause of  a  decline  in  enrollment  or  other 
condition  arising  from  the  present  war 
emergency,  said  commissioner,  with  the 
approval  of  the  governor,  may  tempo- 
rarily suspend  operation  of  said  college 
and  make  satisfactory  provision  elsewhere 
for  the  pupils  of  said  college: 
State  teachers'  college  at  Bridgewater,  includ- 
ing not  more  than  sixty-one  permanent 
positions  .  .  $169,300  00 

State  teachers'  college  at  Bridgewater,  board- 
ing hall,  including  not  more  than  twenty- 
nine  permanent  positions  .  .  .  62,200  00 
For  repairing  and   resurfacing  certain  roads 
and  walks  at  the  state  teachers'  college  at 

Bridgewater 2,000  00 

State  teachers'  college  at  Fitchburg,  including 
not  more  than  fifty-seven  permanent  posi- 
tions        177,600  00 

State  teachers'  college  at  Fitchburg,  boarding 
hall,  including  not  more  than  nine  perma- 
nent positions  .....  37,500  00 
For  certain  boiler  repairs  at  the  state  teachers' 

college  at  Fitchburg  ....  1,775  00 

State  teachers'  college  at  Framingham,  includ- 
ing  not    more    than    sixty-one    permanent 

positions 164,599  00 

State  teachers'  college  at  Framingham,  board- 
ing hall,  including  not  more  than  twenty- 
five  permanent  positions   ....  51,300  00 
For  repairing  and  resurfacing  certain  roads  at 

the  state|teachers'  college  at  Framingham   .  3,000  00 

State  teachers'  college  at  Lowell,  including  not 

more  than  thirty-seven  permanent  positions  79,533  00 

State  teachers'  college  at  North  Adams,  in- 
cluding not  more  than  twenty-six  perma- 
nent positions  .....  64,270  00 
State  teachers'  college  at  North  Adams,  board- 
ing hall,  including  not  more  than  one  per- 
manent position  .....  2,200  00 
State  teachers'  college  at  Salem,  including  not 

more  than  fifty-one  permanent  positions  125,300  00 

For  certain  repairs  to  the  college  building,  so 

called,  at  the  state  teachers'  college  at  Salem  7,500  00 

For  certain  repairs  to  the  training  school,  so 

called,  at  the  state  teachers'  college  at  Salem  10,000  00 

For  certain  painting  at  the  college  building,  so 

called,  at  the  state  teachers'  college  at  Salem  9,500  00 

For  the  repair  of  certain  ceilings  and  walls  at 

the  state  teachers'  college  at  Salem  2,500  00 
State  teachers'  college  at  Westfield,  including 
not  more  than  thirty-three  permanent  posi- 
tions       .          .         " 67,860  00 

State  teachers'  college  at  Westfield,  boarding 
hall,  including  not  more  than  one  perma- 
nent position   ......  1,750  00 


Acts,  1945.  —  Chap.  404. 


391 


Item 
1315  00 


1315^33 
1315-34 
1321-00 
1321-31 


State  teachers'  college  at  Worcester,  including 
not  more  than  forty-two  j)ermanent  {X)si- 
tions $93,8.50  00 

For  certain  exterior  repairs  at  the  state  teach- 
ers' college  at  Worcester    ....         35,000  00 

For  certain  repointing  of  brickwork  at  the 
state  teachers'  college  at  Worcester    .  .  2,500  00 

Massachusetts  School  of  Art,  including  not 

more  than  twentj'-nine  permanent  positions         88,000  00 

For   certain   painting   at   the   Massachusetts 

School  of  Art 2,000  00 

Total  ....  $1,261,037  00 


1331-00 


1331-32 


1332-00 


1332-32 


1333-00 


1333-35 


1333-36 


Textile  Schools: 

For  the  maintenance  of  the  Bradford  Durfee 
te.xtile  school  of  Fall  River,  with  the  ap- 
proval of  the  commissioner  of  education  and 
the  trustees,  including  not  more  than  twenty- 
one  permanent  positions,  and  including  the 
sum  of  ten  thousand  dollars  which  is  to  be 
assessed  upon  the  city  of  Fall  River  as  a  part 
of  the  charges  to  be  paid  by  said  city  to  the 
commonwealth  in  the  calendar  j^ear  nineteen 
hundred  and  forty-five       ...        $57,15000 

For  certain  repairs,  including  roofing,  elevator 
repairs  and  painting,  at  the  Bradford  Durfee 
textile  school  of  Fall  River,  with  the  approval 
of  the  commissioner  of  education  and  the 
trustees 6,700  00 

For  the  maintenance  of  the  Lowell  te.xtile  in- 
stitute, with  the  approval  of  the  commis- 
sioner of  education  and  the  trustees,  includ- 
ing not  more  than  sixty-one  permanent 
positions,  and  including  the  sum  of  ten  thou- 
sand dollars  which  is  to  be  assessed  upon 
the  city  of  Lowell  as  a  part  of  the  charges 
to  be  paid  by  said  city  to  the  commonwealth 
in  the  calendar  year  nineteen  hundred  and 
forty-five  ...... 

r"or  certain  repairing  and  painting  at  the 
Lowell  textile  institute,  with  the  approval 
of  the  commissioner  of  education  and  the 
trustees  .         .  .... 

For  the  maintenance  of  the  New  Bedford  tex- 
tile school,  with  the  approval  of  the  commis- 
sioner of  education  and  the  trustees,  includ- 
ing not  more  than  twenty-four  permanent 
positions,  and  including  the  sum  of  ten  thou- 
sand dollars  which  is  to  be  assessed  upon 
the  city  of  New  Bedford  as  a  part  of  the 
charges  to  be  paid  by  said  city  to  the  com- 
monwealth in  the  calendar  year  nineteen 
hundred  and  forty-five       ....  57,290  00 

For  certain  roofing  repairs  at  the  main  build- 
ing, so  called,  of  the  New  Bedford  textile 
school,  with  the  approval  of  the  commis- 
sioner of  education  and  the  trustees    .  3,291  00 

For  certain  repairing  and  painting  at  the  New 
Bedford  textile  school,  with  the  approval 
of  the  commissioner  of  education  and  the 
trustees.  (For  painting  exterior  woodwork 
and  trimming.  1'his  item  combined  with 
Item  1333-36.) 3,500  00 


167,28.")  (){) 


5,000  00 


392  Acts,  1945.  —  Chap.  404. 

Item 
1333-37     For  boiler  retubing  at  the  New  Bedford  tex- 
tile school,  with  the  approval  of  the  commis- 
sioner  of  education  and  the  trustees    .  S790  00 


Total $301,006  00 

Massachusetts  State  C College: 

1341-00  For  maintenance  and  current  expenses  of  the 
Massachusetts  state  college,  with  the  ap- 
proval of  the  trustees,  including  not  more 
than  four  hundred  and  ninety-seven  perma- 
nent positions  ....  $1,265,074  00 

1341-01  For  personal  services  and  expenses  of  the  sum- 
mer session       ......  10,000  00 

1341-77  For  personal  services  for  the  maintenance  of 
the  boarding  hall,  including  not  more  than 
thirty-three  permanent  positions  .  48,500  00 

1341-78     For  other  expenses  of  the  maintenance  of  the 

boarding  hall 85,000  00 

1341-82     For  aid  to  certain  students,  with  the  approval 

of  the  trustees 5,000  00 

1341-83  For  the  cost  of  field  and  laboratory  work  in 
connection  with  the  Dutch  elm  disease  and 
other  shade  tree  diseases  and  insects  .  8,000  00 

1341-92  For  the  annual  cost  of  lease  of  dormitories,  as 
authorized  by  chapter  three  hundred  and 
eightv-eight  of  the  acts  of  nineteen  hundred 
and  thirty-nine 30,000  00 

1341-93     For  payment  of  annual  charges  for  sewage 

service  by  the  town  of  Amherst  .  2,000  00 

1341-84    For  the  purchase  of  certain  land  at  Waltham  .  3,500  00 

Total $1,457,674  00 

Service  of  the  Deparlmenl  of  Civil  Service  and  Registration. 

Division  of  Civil  Service: 

1402-01  For  the  salary  of  the  director  and  for  the  com- 
pensation of  members  of  the  commission  $12,500  00 

1402-02  For  other  personal  services  of  the  division,  in- 
cluding not  more  than  one  hundred  and 
twenty-three  permanent  positions       .  192,480  00 

1402-03  For  other  services  and  for  printing  the  annual 
report,  and  for  office  supphes  and  equipment 
necessary  for  the  administration  of  the  civil 
service  law 38,000  00 


Total $242,980  00 

Division  of  Registration: 
1403-01     For  the  salary  of  the  director  $2,400  00 

1403-02  For  clerical  and  certain  other  personal  services 
of  the  division,  including  not  more  than 
thirty-nine  permanent  positions  .  73,380  00 

1403-03  For  services  of  the  division  other  than  personal, 
printing  the  annual  reports,  office  supplies 
and  equipment,  except  as  otherwise  provided  1 7,000  00 

Total $92,780  00 

Board  of  Registration  in  Medicine: 
1404-01     For  personal  services  of  the  members  of  the 
board,  including  not  more  than  seven  per- 
manent positions      .....  $6,300  00 
1404-03     I'or  traveling  expenses           ....  750  00 

Total $7,060  GO 


Acts,  1945.  —  Chap.  404. 


393 


Item 


1405-01 


1405-02 
1405-03 


Board  of  Dental  Examiners: 

For  personal  services  of  the  members  of  the 
board,  including  not  more  than  five  perma- 
nent positions  ..... 

For  traveling  expenses  ... 

For  travel  and  other  expenses  necessary  in 
providing  for  the  enforcement  of  law  rela- 
tive to  the  registration  of  dentists 

Total 


S3,800  00 
700  00 


100  00 
$4,600  00 


Board  of  Registration  in  Chiropody: 
1406-01     For  personal  services  of  members  of  the  board, 
including  not   more   than    five   permanent 
positions  ...... 

1406-02     For  traveling  expenses  .... 

Total  


$900  00 
300  00 


$1,200  00 


Board  of  Registration  in  Pharmacy: 
1407-01     For  personal  services  of  the  members  of  the 
board,  including  not  more  than  five  perma- 
nent positions  ..... 
1407-02     For  personal  services  of  agents  and  investi- 
gators, including  not  more  than  four  perma- 
nent positions            ..... 
1407-03     For  traveling  expenses  .... 

Total 


$4,300  00 


9,480  00 
3,000  00 

$16,780  00 


Board  of  Registration  of  Nurses: 
1408-01     For  personal  services  of  the  members  of  the 
board,  and  of  the  appointive  members  of 
the  approving  authority,  including  not  more 
than  ten  permanent  positions     .  $3,570  00 

1408-02     For  traveling  expenses  ....  1,000  00 

Total $4,570  00 


Board  of  Registration  in  Embalming  and 
Funeral  Directing: 

1409-01  For  personal  services  of  members  of  the  board, 
including  not  more  than  three  permanent 
positions  ...... 

1409-02     For  traveling  expenses  .... 

1409-03  For' the  dissemination  of  useful  knowledge 
among  and  for  the  benefit  of  licensed  em- 
balmers  ....... 

Total 


$1,500  00 
2,000  00 


200  00 
$3,700  00 


Board  of  Registration  in  Optometry: 
1410-01     For  personal  services  of  members  of  the  board, 
including  not   more   than    five   permanent 
positions  .  ...  $1,900  00 

1410-02     For  traveling  expenses  ....  500  00 

Total  .  $2,400  00 


Board  of  Registration  in  Veterinary  Medi- 
cine: 
1411-01     For  personal  services  of  members  of  the  board, 
including   not   more  than   five  permanent 
positions  ...... 


$600  00 


394 


Acts,  1945.  —  Chap.  404. 


Item 
1411-02 


1412-01 
1413-01 
1413-02 

1414-01 
1414-02 

1416-01 
1416-02 

1417-01 
1417-02 

1420-01 
1420-02 

1421-01 
1421-02 


For  other  services,  printing  the  annual  rep)ort, 
traveling  expenses,  office  supplies  and  equip- 
ment         $750  00 

Total $1,350  00 

Board  of  Registration  of  Professi(jnal  Engi- 
neers and  of  Land  Surveyors: 
For  travel  and  other  necessary  expenses  $1,500  00 

Board  of  Registration  of  Architects: 

For  personal  services  of  members  of  the  board, 
including  not  more  than  five  permanent 
positions $2,500  00 

For  travel  and  other  necessary  expenses  .  1,000  00 

Total $3,500  GO 

Board  of  Registration  of  Public  Account- 
ants: 

For  personal  services  of  members  of  the  board, 
including  not  more  than  five  permanent 
positions  ...  $675  00 

For  expenses  of  examinations,  including  the 
preparation  and  marking  of  papers,  and  for 
other  expenses  .....  2,325  00 

Total $3,000  00 

State  Examiners  of  Electricians: 
For  personal  services  of  members  of  the  board, 
including  not  more  than   two   permanent 
positions  ...         $1,000  GO 

For  traveling  expenses  4,100  00 

Total $5,100  00 

State  Examiners  of  Plumbers: 
FoY  personal  services  of  members  of  the  board, 
including  not  more  than  three  permanent 

positions $1,100  00 

For  traveling  expenses  ....  1,500  00 

Total $2,600  00 

Board  of  Registration  of  Barbers: 
For  personal  services  of  members  of  the  board 
and    assistants,    including   not   more^than 
eight  permanent  positions  $16,700  00 

For  travel  and  other  necessary  expenses  .  6,000  00 

Total  . $22,700  00 

Board  of  Registration  of  Hairdressers: 
For  personal  services  of  members  of  the  board 
and    assistants,    including   not   more   than 
eighteen  permanent  positions  $30,000  00 
For  travel  and  other  necessary  expenses,  in- 
cluding rent 10,000  00 

Total $40,000  00 


Sendee  of  the  Deparlmenl  of  Indunlrial  Accidents. 

1 501  -01  For  personal  services  of  members  of  the  board, 
including  not  more  than  seven  permanent 
positions  ..... 


$42,500  00 


Acts,  1945.  —  Chap.  404. 


395 


Item 
1.501-02 


1601-03 
1501-04 

1501-05 


1501-21 

1601-01 

lGOl-02 

1601-03 

1601-11 
1601-12 
1601-13 

1601-31 
1601-32 

1601-41 

1601-51 
1601-52 
1601-.53 


For  personal  services  of  secretaries,  inspectors, 
clerks  and  ofRce  assistants,  including  not 
more  than  one  hundred  and  six  permanent 
positions  ...... 

For  traveling  expenses  .... 

For  other  services,  printing  tlie  annual  report, 
necessary  office  supplies  and  equipment 

For  expenses  of  impartial  examinations,  and 
for  expenses  of  industrial  disease  referees, 
as  authorized  by  section  nine  B  of  chapter 
one  hundred  and  fifty-two  of  the  General 
Laws       ....... 


$21.'i,000  00 
7,500  00 

16,500  00 


30,000  00 


Total .1311,500  00 

Division  of  Self  Insurance: 
For  personal  services  and  other  expenses  of  the 
division,  as  authorized  by  chapter  sixty  of 
the  acts  of  the  current  year,  including  not 
more  than  five  permanent  positions    .  .        $12,750  00 

Service  of  the  Department  of  Labor  and  Industries. 

For  the  salaries  of  the  commissioner,  assistant 
and  associate  commissioners,  including  not 
more  than  five  permanent  positions    .  $27,500  00 

I'or  clerical  and  other  assistance  to  the  com- 
missioner, including  not  more  than  five  per- 
manent positions       ...  6,960  00 

For  personal  services  for  the  inspectional  serv- 
ice, including  not  more  than  seventy-one 
permanent  positions  ....        162,000  00 

(This  item  included  in  items  1601-03  and 
1601-13.) 

For  traveling  expenses  of  the  commissioner, 

assistant  and  associate  commissioners         .  500  00 

For  services  other  than  personal,  excluding 
travel,  for  the  administrative  service,  and 
for  services  other  than  personal,  including 
travel,  for  the  inspectional  service       .  22,600  00 

For  personal  services  for  the  division  of  occu- 
pational hygiene,  including  not  more  than 
seven  permanent  positions  .  .  16,680  00 

For  services  other  than  personal,  traveling 
expenses,  office  and  laboratory  supplies  and 
equipment,  and  rent,  for  the  division  of  oc- 
cupational hygiene   ...  5,000  00 

For  personal  services  for  the  statistical  service, 
including  not  more  than  thirty-five  perma- 
nent positions,  and  for  services  other  than 
personal,  printing  report  and  publications, 
traveling  expenses  and  office  supplies  and 
equipment  for  the  statistical  service   .  71,800  00 

For  personal  services  for  the  division  on  neces- 
saries of  life,  including  not  more  than  five 
permanent  positions  ...  9,960  00 

For  services  other  than  personal,  traveling 
expenses,  office  supplies  and  equipment  for 
the  division  on  necessaries  of  life  1,400  00 

For  personal  services  in  administering  sections 
two  hundred  and  ninety-five  A  to  two  hun- 
dred and  ninety-five  O,  inclusive,  of  chapter 
ninety-four  of  the  General  Laws,  relating 
to  the  advertising  and  sale  of  motor  fuel  at 
retail,  including  not  more  than  twelve  per- 
manent positions      .....  23,880  00 


390 


Acts,  1945.  —  Chap.  404. 


Item 

1601-54  lA)r  other  expenses  in  administering  said  sec- 
tions two  hundred  and  ninety-five  A  to  two 
hundred  and  ninety-five  O,  inclusive  $7,500  00 

IHOl  01  For  clerical  and  other  assistance  for  the  board 
of  conciliation  and  arbitration,  including 
not  more  than  seven  permanent  positions   .  27,180  00 

1601-62  l''or  other  services,  printing,  traveling  expenses 
and  office  supplies  and  equipment  for  the 
board  of  conciliation  and  arbitration  .  4,500  00 

1601-71  For  personal  services  of  investigators,  clerks 
and  stenographers  for  the  minimum  wage 
service,  including  not  more  than  nineteen 
permanent  positions  .  .  37,050  00 

1601-72  For  services  other  than  personal,  printing, 
traveling  expenses  and  office  supplies  and 
equipment  for  minimum  wage  service  3,250  00 

1601-73     For  compensation  and  expenses  of  wage  boards  2,000  00 

1601-81  For  personal  services  for  the  division  of  stand- 
ards, including  not  more  than  seventeen 
permanent  positions  34,700  0  > 

1001-82  I'^or  other  services,  printing,  traveling  expenses 
and  office  supplies  and  equipment  for  the 
division  of  standards  ....  9,000  00 

Total $473,460  00 

Massachusetts  Development  and  Indus- 
trial Commission: 

1003-01     For  personal  services  of  employees,  including 

not  more  than  five  permanent  positions       .        $13,630  00 

1603-02  For  administrative  expenses,  including  office 
rent  and  other  incidental  expenses,  and  for 
the  promotion  and  development  of  the  in- 
dustrial, agricultural  and  recreational  re- 
sources of  the  commonwealth     .  50,000  00 

Total $63,630  00 

Labor  Relations  Commission: 
1604-01     For  personal   services   of   the   commissioners 

and  employees,   including  not  more  than 

twenty  permanent  positions  $55,000  00 

1604-02     For  administrative  e.xpenses,  including  office 

rent 7,500  00 

Total $62,500  00 

Division  of  Apprentice  Training: 
1605-01  For  personal  services  of  the  members  of  the 
apprenticeship  council  and  clerical  and  other 
assistants,  as  authorized  by  sections  eleven  E 
to  eleven  L,  inclusive,  of  chapter  twenty- 
three  of  the  General  Laws,  including  not 
more  than  eight  permanent  positions  .  $6,540  00 

1605-02  For  other  expenses,  including  travel,  as  au- 
thorized by  sections  eleven  E  to  eleven  L, 
inclusive,  of  chapter  twenty-three  of  the 
General  Laws 2,000  00 

Total $8,540  00 

Service  of  the  Department  of  Mental  Health. 

1701-01     For  the  salary  of  the  commissioner  $10,000  00 

1701-02  For  personal  services  of  officers  and  employees, 
including  not  more  than  eighty-seven  per- 
manent positions      .....        170,000  00 


Acts,  1945. —  Chap.  404. 


397 


Item 

1701-03 


1701-04 

1701-11 
1701-12 

1701-13 


1 702-00 


1702-21 


1710-00 

1710-22 
1711-00 

1712-00 

1712-27 

1712-28 
1712-29 

1713-00 


For  transportation  and  medical  examination 
of  state  charges  under  its  charge  for  the 
year  nineteen  hundred  and  forty-six  and 
for  previous  years     ....  *4,000  00 

For  other  services,  including  printing  the  an- 
nual report,  traveling  expenses,  office  sup- 
plies and  equipment,  and  rent    .  38,000  00 

For  the  support  of  state  charges  in  the  Hospi- 
tal Cottages  for  Children  ....  39,000  00 

For  the  cost  of  boarding  out  of  patients  under 
the  provisions  of  section  sixteen  of  chapter 
one  hundred  and  twenty-three  of  the  Gen- 
eral Laws,  as  amended       ....        125,000  00 

r'or  the  establishment  and  maintenance  of  one 
or  more  units  for  the  .segregation  of  children 
at  institutions  under  the  control  of  the  de- 
partment, including  the  cost  of  necessary 
construction  or  alteration  of  buildings,  sup- 
plies and  equipment,  and  for  personal  serv- 
ices and  expenses  in  connection  therewith   .  50,000  00 

Total S436,000  00 

Division  of  Mental  Hygiene: 
For  expenses,  including  not  more  than  sixty- 
six  permanent  positions,  of  investigating  the 
nature,  causes  and  results  of  mental  diseases 
and  defects  and  the  publication  of  the  re- 
sults thereof,  and  of  what  further  preventive 
or  other  measures  might  be  taken  and  what 
further  expenditures  for  investigation  might 
be  made  which  would  give  promise  of  de- 
creasing the  number  of  persons  afflicted  with 
mental  diseases  or  defects  .  $138,114  00 

Special: 
F'or  the  cost  of  boarding  certain  feeble-minded 

persons  in  private  homes  .  .  $6,000  00 

For  the  maintenance  of  and  for  certain  im- 
provements at  the  following  institutions 
under  the  control  of  the  Department  of 
Mental  Health: 

Boston  psychopathic  hospital,  including  not 
more  than  one  hundred  and  fifty-nine  per- 
manent positions $297,250  00 

For  certain  repairing  and  painting  at  the  Bos- 
ton psychopathic  hospital  .  .  .  r),000  00 

Boston  state  hospital,  including  not  more  than 
six  hundred  and  seventy-nine  permanent 
positions 1,050,055  00 

Danvers  state  hospital,  including  not  more 
than  five  hundred  and  forty-seven  perma- 
nent positions  .....     1,035,770  00 

For  the  construction  of  fireproof  stairs  at 
Grove  Hall,  so  called,  at  the  Danvers  state 
hospital  .  ...  5,000  00 

For  the   purchase  and   installation   of  insect 

screens  at  the  Danvers  state  hospital  .  3,000  00 

For  certain  fireproofing  at  the  front  center 
building,  Middleton  Colony,  and  the  Gray 
Gables  employees'  house,  so  called,  of  the 
Danvers  state  hospital       ...  39,000  00 

I'Vixborough  state  hospital,  including  not  more 
than  three  hundred  and  twenty-eight  per- 
manent positions      .....        611,220  00 


398 


Acts,  1945.  —  Chap.  404. 


Item 
1713-26 


1714-00 
1715-00 
1715-27 


1715-30 
1715-31 

1715-32 
1716-00 

1717-00 

1717-29 
1717-30 

1718-00 

1718-26 
1719-00 

1719-29 
1720-00 

1720-24 
1721-00 

1721-28 

1721-30 
1 722-00 


For  the  purchase  of  certain  land,  including 
expenses  incidental  thereto,  for  the  Fox- 
borough  state  hospital       ....  $4,500  00 

(Jardner  state  hospital,  including  not  more 
than  three  hundred  and  thirty-two  perma- 
nent positions 682,428  00 

Grafton  state  hospital,  including  not  more 
than  four  hundred  and  fifty-eight  perma- 
nent positions 821,420  00 

The  unexpended  balance  of  the  appropriation 
made  by  Item  1715-27  in  section  two  of 
chapter  four  hundred  and  nineteen  of  the 
acts  of  nineteen  hundred  and  forty-one,  for 
certain  improvements  to  drainage  of  the 
sewage  beds  at  the  Grafton  state  hospital, 
as  reappropriated  by  chapter  three  hundred 
and  seventy  of  the  acts  of  nineteen  hundred 
and  forty-three,  is  hereby  again  reappro- 
priated. 

For  certain  alterations  to  the  coal-handling 

equipment  at  the  Grafton  state  hospital  4,000  00 

For  the  purchase  of  certain  land,  including 
expenses  incidental  thereto,  for  the  Grafton 
state  hospital  ...... 

For  the  purchase  and  erection  of  a  certain  steel 
fence  at  the  Grafton  state  hospital 

Medfield  state  hospital,  including  not  more 
than  four  hundred  and  fifty-five  permanent 
positions  ...... 

Metropolitan  state  hospital,  including  not 
more  than  four  hundred  and  six  peimanent 
positions  ...... 

For  the  purchase  and  installation  of  insect 
screens  at  the  Metropolitan  state  hospital   . 

For  certain  exterior  repairing  and  painting  at 
the  medical  and  surgical  building,  so  called, 
at  the  Metropolitan  state  hospital  .  10,000  00 

Northampton  state  hospital,  including  not 
more  than  four  hundred  and  forty-nine  per- 
manent positions       .....        83'>,919  00 

For  fireproofing  lower  Third  Hall  North,  so 

called,  at  the  Northampton  state  hospital    .  30,000  00 

Taunton  state  hospital,  including  not  more 
than  four  hundred  and  fifty-five  permanent 
positions 772,6.i0  00 

For  certain   rewiring  at   the   Taunton   state 

hospital  .  .  .  ...  .  lO.-'SOO  00 

Westborough  state  hospital,  including  not 
more  than  four  hundred  and  fourteen  per- 
manent positions       .....        765,110  00 

For  the  construction  of  certain  fire  escapes  at 

the  Westborough  state  hospital  .  .  4,000  00 

Worcester  state  hospital,  including  not  more 
than  six  hundred  and  eight  permanent  posi- 
tions       .  .  .  .  .  .     1,154,280  00 

For  certain  repairing  and  painting  at  the  main 
hospital  of  the  Worcester  state  hospital,  to 
be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose      .  .  lO.UUU  00 

For  the  construction  of  certain  fire  escapes  and 
exits  at  the  main  hospital  at  the  Worcester 
state  hospital 9,000  00 

Monson  state  hospital,  including  not  more 
than  four  hundred  and  twelve  permanent 
positions  ..,,..       735,036  00 


800 

00 

1,860 

00 

805,074  00 

804,940  00 

5,000 

00 

Acts,  1945.  —  Chap.  404. 


399 


Item 
1722-27 

1722-28 


1723-00 


1724-00 


1725-00 


1801-01 
1801-02 


1801-03 
1801-04 


1801-05 
1801-07 


1801-08 


1801-21 


1801-22 
1801-23 


1801-24 


1802-(J0 


For  certain  additional  fire  protection  at  the 

Monson  state  hospital        ....       $31,40000 

For  the  construction  of  a  building  for  young 
children  at  the  Monson  state  hospital,  in- 
cluding furnisliings  and  equipment,  and  for 
the  purchase  of  certain  land  in  connection 
therewith;  provided,  that  if  funds  shall  be 
made  available  for  tliis  purpose  by  the 
United  States  government  the  amount 
herein  appropriated  shall  be  reduced  by  the 
amount  of  such  available  federal  funds  340,000  00 

Belchertown  state  school,  including  not  more 
than  three  hundred  and  two  permanent 
positions  .  .  .  .  .  .        577,602  00 

Walter  E.  Fernald  state  school,  including  not 
more  than  four  hundred  and  sixty  perma- 
nent positions  .....        845,761  00 

Wrentham  state  school,  including  not  more 
than  four  hundred  and  one  permanent  posi- 
tions         720,185  00 

Total $13,027,760  00 

Service  of  the  Department  of  Correction. 

For  the  salary  of  the  commissioner         .  .  $6,000  00 

For  personal  ser\aces  of  deputies,  agents,  clerks 
and  stenographers,  including  not  more  than 
twenty-two  permanent  positions  .  .  46,000  00 

For  ser^'ices  other  than  personal,   necessarj' 

office  supplies  and  equipment     .  .  .  6,600  00 

For  traveling  e.xpenses  of  officers  and  em- 
ployees of  the  department,  when  required  to 
travel  in  the  discharge  of  their  duties  1,200  00 

For  the  removal  of  prisoners,  to  and  from  state 

institutions       ......  5,800  00 

For  the  expense  of  the  service  of  the  central 

index 1,000  00 

Total $66,600  00 

Division  of  Classification  of  Prisoners: 
For  expenses  of  the  division  hereby  authorized, 
including   not   more   than    ten    permanent 
positions $23,000  00 

Parole  Board: 

For  personal  services  of  the  parole  board  and 
advisory  board  of  pardons,  agents,  clerical 
and  other  employees,  including  not  more 
than  forty-three  permanent  positions  $101,600  00 

For  services  other  than   personal,   including 

necessary  office  supj^hes  and  equipment       .  3,025  00 

For  traveling  exj)enses  of  officers  and  em- 
ployees of  the  parole  board  when  required 
to  travel  in  the  discharge  of  their  duties      .  13,500  00 

For  assistance  to  discharged  prisoners    .  .  1,000  00 

Total $119,125  00 

For  the  maiuteuauce  of  and  for  certain  im- 
provements at  the  following  institutions 
under  the  control  of  the  Department  of 
(Correction: 
State   farm,    including   not   more   than   three 
hundred   and   eightv-one   permanent   i)Osi- 
tions        .  .         ' $1,024,020  00 


400 


Acts,  1945.  —  Chap.  404. 


Item 

1802-23     For  certain  improvements  to  the  water  supply 

system  at  the  state  farm    ....  $S,000  00 

1803-00  State  prison,  including  not  more  than  one  hun- 
dred and  thirty-six  permanent  positions  461,400  00 

180.5-00  Massachusetts  reformatory,  including  not 
more  than  one  hundred  and  sixty-six  per- 
manent positions       .....        638,32.5  00 

1806-00  Reformatory  for  women,  including  not  more 
than  one  hundred  and  fifteen  permanent 
positions  ......        317,445  00 

1806-26     For  certain  additional  fire  protection  at  the 

reformatory  for  women      ....  50,000  00 

1806-27     For  certain  painting  at  the  reformatory  for 

women 5,000  00 

1807-00  State  prison  colony,  including  not  more  than 
one  hundred  and  seventy-seven  permanent 
positions  .  .       '  .  .  .  .        557,960  00 

Total $3,062,1.50  00 


Service  of  the  Deparlment  of  Public  Welfare. 

Administration : 
1901-01     For  the  salary  of  the  commissioner         .  .  $7,000  00 

1 901-02  For  personal  services  of  officers  and  employees, 
including  not  more  than  thirty-one  perma- 
nent positions  .  .  .  _  .  .  58,000  00 
1901-03  For  services  other  than  personal,  printing  the 
annual  report,  traveling  expenses,  including 
expenses  of  auxiliary  visitors,  office  supplies 
and  expenses    ......  5,000  00 

Total $70,000  00 


State  Board  of  Housing: 
1902-01     For  personal  services,  including  not  more  than 

nine  permanent  positions  .... 
1902-02     For  expenses,  as  authorized  by  section  eighteen 

of  chapter  eighteen  of  the  General  Laws 

Total 


$19,000  00 

5,000  00 

$24,000  00 


Division  of  Aid  and  Relief: 
1 904-01     For  personal  services  of  officers  and  employees, 
including  not  more  than  one  hundred  and 
twenty-eight  permanent  positions  -$239,700  00 

1904-02  For  services  other  than  personal,  including 
traveling  e.xpenses  and  office  supplies  and 
equipment 19,.500  00 

Total $259,200  00 


Division  of  Child  Guardianship: 
1 906-01     For  personal  services  of  officers  and  employees, 
including  not  more  than  one  hundred  and 
fifty-six  permanent  positions                .          .      $293,800  UU 
1906-02     For  services  other  than  personal,  otfice  sup- 
plies and  equipment           ....  8,000  00 
1906-03     For  the  care  and  maintenance  of  cliildreu,  in- 
cluding not  more  than  two  permanent  posi- 
tions         1,950,000  00 

Total $2,251,800  00 


Acts,  1945.  —  Chap.  404. 


401 


Tuition  of  children: 
1907-01  For  tmtion  in  the  pubhr  schools,  including 
transportation  to  and  from  school,  of  chil- 
dren hoarded  bj'  the  department,  for  the 
twelve  months  ending  June  thirtieth,  nine- 
teen hundred  and  forty-five        .  $325,000  00 

The  foUo'R'ing  items  are  for  reimbursement 
of  cities  and  to^vns,  and  are  to  be  in  addi- 
tion to  any  unexpended  balances  of  appro- 
priations heretofore  made  for  the  purpose : 

1907-05     For  the  payment  of  suitable  aid  to  certain 

dependent  cliildren $2,000,000  00 

1907-07     For  the  burial  by  cities  and  towns  of  indigent 

persons  who  have  no  legal  settlement  .  22,000  00 

1907-08     For  expenses  in  connection  with  smallpox  and 

other  diseases  dangerous  to  the  public  health        180,000  00 

1907-09     For  the  support  of  sick  indigent  persons  who 

have  no  legal  settlement    ....        1 55,000  00 

1907-10  For  temporary  aid  given  to  incUgent  persons 
with  no  legal  settlement,  and  to  shipwrecked 
seamen  by  cities  and  towns,  and  for  the 
transportation  of  indigent  persons  under 
the  charge  of  the  department     .  .  .        750,000  00 

Total $3,107,000  00 

Division  of  Juvenile  Training,  Trustees  of 
Massachusetts  Training  Schools: 

1908-01  For  services  of  the  secretary  and  certain  other 
persons  employed  in  the  executive  office, 
including  not  more  than  ten  permanent  posi- 
tions         $20,880  00 

1908-02  For  services  other  than  personal,  including 
printing  the  annual  report,  traveling  and 
other  expenses  of  the  members  of  the  board 
and  employees,  office  supplies  and  equip- 
ment   2,200  00 

Boys'  Parole: 

1908-11  For  personal  services  of  agents  in  the  division 
for  boys  paroled  and  boarded  in  families, 
including  not  more  than  twenty-three  per- 
manent positions       .....  48,710  00 

1908-12  For  services  other  than  personal,  including 
traveling  expenses  of  the  agents  and  boys, 
and  necessary  office  supplies  and  equipment  18,000  00 

1908-13  For  board,  clothing,  medical  and  other  ex- 
penses incidental  to  the  care  of  boys  22,000  00 

Girls'  Parole: 

1908-31  For  personal  services  of  agents  in  the  division 
for  girls  paroled  from  the  industrial  school 
for  girls,  including  not  more  than  eighteen 
permanent  positions  ....  34,000  00 

1908-32  For  traveling  expenses  of  said  agents  for  girls 
paroled,  for  board,  medical  and  other  care 
of  girls,  and  for  services  other  than  personal, 
office  supplies  and  equipment     .  .  17,500  00 

Total $163,290  00 

Instruction  in  public  schools: 
1908-40     For  reimbursement  of  cities  and   towns  for 
tuition    of    children    attending    the    public 
schools $6,000  00 


402 


Acts,  1945.  —  Chap.  4u4. 


Item 


i9ir)-oo 


1916-00 


1917-00 


1918-00 


1919-00 


For  the  maintenance  of  and  for  certain  im- 
provements at  the  institutions  under  the 
control  of  the  trustees  of  the  Massachu- 
setts training  schools,  with  the  approval 
of  said  trustees,  as  follows: 
Industrial  school  for  boys,  including  not  more 
than  one  hundred  and  five  permanent  posi- 
tions       ....... 

Industrial  school  for  girls,  including  not  more 

than  ninety-one  permanent  positions 
Lyman  school  for  boys,  including  not  more 
than  one  hundred  and  thirty-eight  perma- 
nent positions  ..... 

Total 

Massachusetts  Hospital  School: 
For  the  maintenance  of  the  Massachusetts 
hospital  school,  including  not  more  than  one 
hundred  and  fifty-two  permanent  positions, 
to  be  expended  with  the  approval  of  the 
trustees  thereof         ..... 

Tewksbury  State  Hospital  and  Infirmary : 
For  the  maintenance  of  the  Tewksbury  state 
hosyiital  and  infirmary,  including  not  more 
than  six  hundred  and  sixty-two  permanent 
liositions,  to  be  exiaended  with  the  approval 
of  the  trustees  thereof        .... 


$231,400  GO 
188,000  00 

333,380  GO 
$752,780  00 


$260,040  00 


$1,241,758  00 


Service  of  the  Department  of  Public  Health. 

Administration : 
2001-01     For  the  salary  of  the  commissioner         .  $7,500  00 

2001-^^)2  For  personal  services  of  the  health  council  and 
office  assistants,  including  not  more  than 
twenty-eight  permanent  positions  .  44,690  00 

2001-03  For  services  other  than  personal,  including 
printing  the  annual  report,  traveling  ex- 
penses, office  supplies  and  equipment  .  .  19,000  00 

Division  of  Local  Health  Administration: 
2002-01  For  personal  services  of  the  director  and  as- 
sistants, and  district  health  officers  and 
assistants,  including  not  more  than  thirty- 
one  permanent  positions  ....  90,540  00 
2002-02  For  services  other  than  personal,  traveling 
expenses,  office  supplies  and  equipment,  and 
rent 20,000  00 

Division  of  Cancer  and  Other  Chronic  Dis- 
eases : 
2003-01     For  personal  services  of  the  division,  including 

not  more  than  sixteen  permanent  positions  .  36,000  00 

2003-02     For  other  expenses  of  the  division,  including 

cancer  clinics  ......         40,000  00 

Division  of  Maternal  and  Child  Health: 
2004-01     For  personal  services  of  the  division,  including 
not  more  than  seventeen  permanent  posi- 
tions                 31,510  00 

2004-02  For  services  other  than  personal,  traveling 
expenses,  office  supplies  and  equipment,  and 
rent 15,000  00 


Acts,  1945.  —  Chap.  404. 


403 


Item 
2005-01 


2005-02 

2006-01 
2006-02 


2007-07 
2007-08 

2012-01 
2012-02 

2015-01 
2015-02 


2020-01 

2020-02 
2020-03 


Division  of  Communicable  Diseases: 

For  personal  services  of  the  director,  epidemi- 
ologists, bacteriologists,  and  assistants  in 
the  diagnostic  laboratory  and  the  Wasser- 
mann  laboratory,  including  not  more  than 
thirty-seven  permanent  positions         .  .        $65,000  00 

For  services  other  than  personal,  traveling  ex- 
penses, laboratory,  office  and  other  necessary 
supplies,  including  the  purchase  of  animals 
and  equipment,  and  including  the  expenses 
of  the  Wassermann  laboratory  .  .  .  10,000  00 

Venereal  Diseases: 

For  personal  services  for  the  control  of  ve- 
nereal diseases,  including  not  more  than 
eight  permanent  positions  .  .  .  17,650  00 

For  ser\dces  other  than  personal,  traveling  ex- 
penses, oflSce  supplies  and  equipment,  in- 
cluding the  cost  of  medicines,  hospitaliza- 
tion, and  clinics,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the 
purpose 235,000  00 

Division  of  Biologic  Laboratories: 
For  personal  services  in  the  investigation  and 
production  of  antitoxin  and  vaccine  lymph 
and  other  specific  material  for  protective 
inoculation,  diagnosis  and  treatment,  in- 
cluding not  more  than  forty-six  permanent 

positions 72,200  00 

For  other  services,  supplies,  materials  and 
equipment  necessary  for  the  production  of 
antitoxin  and  other  materials  as  enumer- 
ated above,  and  for  rent    ....         40,000  00 

Inspection  of  Food  and  Drugs: 
For  personal  sei vices  of  the  director,  analysts, 
inspectors  and  other  assistants,  including 
not  more  than  thirty  permanent  positions  .  66,210  00 

For  other  services,  including  traveling  ex- 
penses, supplies,  materials  and  equipment  .  11,500  00 

Division  of  Hanitary  Engineering: 
For  personal  services  of  the  director,  engineers, 
chemists,  clerks  and  other  assistants,  includ- 
ing personal  services  for  administering  the 
law  relative  to  shellfish,  and  including  not 
more  than  fifty-one  permanent  positions  .  125,000  00 
For  other  services,  including  traveling  ex- 
penses, supplies,  materials  and  equipment, 
and  for  expenses  for  administering  the  law 
relative  to  shellfish 20,000  00 

Total $966,800  00 

Division  of  Sanatoria  and  Tuberculosis: 
For  personal  services  of  the  division,  including 
certain   diagnostic  clinics  for  tuberculosis, 
and  including  not  more  than  twenty-nine 
permanent  positions  ....       $73,000  00 

For  other  expenses  of  the  division,  including 

certain  diagnostic  clinics  for  tuberculosis     .  14,000  00 

For  expenses  of  hospitalization  of  certain  pa- 
tients suffering  from  chronic  rheumatism,  as 
authorized  by  section  one  hundred  and  six- 
teen A  of  chapter  one  hundred  and  eleven  of 
the  General  Laws 35,000  00 


404 


Acts,  1945.  —  Chap.  4U4. 


Item 

2020-11 


2022-00 

2022-24 
2022-25 

2023-00 

2023-24 

2024-00 

2024-22 
2024-23 
202.5-00 

2025-24 


2031-00 


2031-27 


To  cover  the  payment  of  certain  subsidies  for 
the  maintenance  of  hospitals  for  tubercular 
patients $385,000  00 

Total $507,000  00 

For  the  maintenance  of  and  for  certain  im- 
provements at  the  sanatoria,  as  follows: 

Lakeville  state  sanatorium,  including  not  more 
than  two  hundred  and  twenty-seven  perma- 
nent positions  ..... 

For  painting  the  domestic  water  supply  tank 
at  the  Lakeville  state  sanatorium 

For  the  purchase  and  installation  of  certain 
sprinkler  alarm  valve  switches  at  the  Lake- 
ville state  sanatorium        .... 

North  Reading  state  sanatorium,  including  not 
more  than  one  hundred  and  eighty-five  per- 
manent positions       ..... 

For  certain  improvements  to  the  water  supply 
system  at  the  North  Reading  state  sana- 
torium    ....... 

Rutland  state  sanatorium,  including  not  more 
than  two  hundred  and  thirty-nine  perma- 
nent positions  ..... 

For  painting  certain  fire  protection  equipment 
at  the  Rutland  state  sanatorium 

For  certain  improvements  in  the  sewerage  sys- 
tem at  the  Rutland  state  sanatorium 

Westfield  state  sanatorium,  including  not  more 
than  two  hundred  and  ninety  permanent 
positions  ...... 

For  certain  improvements  to  the  water  supply 
system  at  the  Westfield  state  sanatorium    . 

Total 

Pondville  Hospital: 

For  maintenance  of  the  Pondville  hospital,  in- 
cluding care  of  radium,  and  including  not 
more  than  two  hundred  and  thirty-three 
permanent  positions  ....      $324,050  00 

The  unexpended  balance  of  the  appropriation 
made  by  Item  2031-26  in  section  two  of 
chapter  three  hundred  and  seventy  of  nine- 
teen hundred  and  forty-three  is  hereby  re- 
appropriated. 

For    certain   replacements   and   additions   to 

.\'-ray  equipment       .....  5,825  00 

(Road  improvements.     This  item  omitted.) 

Total $329,875  00 


$356,000  00 

1,000  00 

325  00 

258,455  00 

1,825  00 

399,450  00 

800  00 

600  00 

457,785  00 

2,350  00 

$1,478,590  00 

2101-01 
2101-^2 


2101-03 


Service  of  the  Department  of  Public  Safety. 

Administration : 
For  the  salary  of  the  commissioner 
For  personal  services  of  clerks  and  stenogra- 
phers, including  not  more  than  seventy-four 
permanent  positions  .... 

For  contingent  expenses,  including  printing 
the  annual  report,  rent  of  district  offices, 
supplies  and  equipment,  and  all  other  things 
necessary  for  the  investigation  of  fires  and 
motion  picture  licenses,  as  required  by  law, 


$6,000  00 


105,000  00 


Acts,  1945.  —  Chap.  404. 


405 


Item 


and  for  expenses  of  administering  the  law 
regulating  the  sale  and  resale  of  tickets  to 
theatres  and  other  places  of  public  amuse- 
ment by  the  department  of  pubUc  safety     .       $53,000  00 

Total $164,000  00 


Division  of  State  PoUce: 

2102-01  For  the  salaries  of  officers  and  detectives,  in- 
cluding not  more  than  two  hundred  and 
ninety-six  permanent  positions  partly  charge- 
able to  item  2970-04  .  .  .  .      $180,000  00 

2102-02  For  personal  services  of  civilian  employees,  in- 
cluding not  more  than  one  hundred  and 
twenty-nine  permanent  positions         .  .        142,180  00 

2102-03  For  other  necessary  expenses  of  the  division, 
to  be  in  addition  to  the  amounts  appropri- 
ated in  item  2970-05  ....        180,000  00 

2102-04  For  expert  assistance  to  the  commissioner  and 
for  maintenance  of  laboratories,  including 
not  more  than  five  permanent  positions  15,500  00 

Total $517,680  00 

Fire  Prevention  Service: 

2103-01     For  the  salary  of  the  state  fire  marshal  .  .  $4,000  00 

2103-02  For  personal  services  of  fire  and  other  inspec- 
tors, including  not  more  than  eighteen  per- 
manent positions       .....  51,000  00 

2103-03     For  other  services,  office  rent  and  necessary 

office  suppUes  and  equipment     .  .  .  3,000  00 

2103-04  For  traveling  expenses  of  fire  and  other  in- 
spectors   10,000  00 

Total $68,000  00 

Division  of  Inspection: 

2104-01     For  the  salary  of  the  chief  of  inspections         .  $4,000  00 

2104-02  For  services,  suppUes  and  equipment  neces- 
sary for  investigations  and  inspections  by 
the  division      ......  500  00 

2104-11  For  the  salaries  of  officers  for  the  building  in- 
spection service,  including  not  more  than 
thirty  permanent  positions         .  .  .  81,420  00 

2104-12  For  travehng  expenses  of  officers  for  the  build- 
ing inspection  service         ....  13,000  00 

2104-21  For  the  salaries  of  officers  for  the  boiler  inspec- 
tion service,  including  not  more  than  twenty- 
six  permanent  positions     ....  68,610  00 

2104-22     For  traveling  expenses  of  officers  for  the  boiler 

inspection  service      .....  11,500  00 

Total $179,030  00 


Board  of  Boiler  Rules: 

2104-31  For  personal  services  of  members  of  the  board, 
including  not  more  than  four  permanent 
positions  ...... 

2104-32  For  services  other  than  personal  and  the  neces- 
sary traveling  expenses  of  the  board    . 

Total 


$1,000  00 

200  00 

$1,200  00 


406 


Acts,  1945.  —  Chap.  404. 


Item 
2105-01 

2105-02 


2106-01 


State  Boxing  Commission: 

For  compensation  and  clerical  assistance  for 
the  state  boxing  commission,  including  not 
more  than  five  permanent  positions    . 

For  other  expenses  of  the  commission     . 

Total 

Board  of  Standards  and  Appeals: 
For  personal  services  and  expenses  of  the  board, 
including  not  more  than  ten  permanent  posi- 
tions       ....... 

Board  of  Elevator  Regulations: 
(These  items  omitted.) 


$10,740  00 
7,000  00 

$17,740  00 


$4,000  00 


Service  of  the  Department  of  Public  Works. 

2200-02  For  administering  the  law  relative  to  advertis- 
ing signs  near  highways     ....        $25,000  00 

Functions  of  the  department  relating  to 
waterways  and  public  lands: 

2202-01  For  personal  services  of  the  director,  chief  en- 
gineer and  assistants,  including  not  more 
than  eighty  permanent  positions  .  .        $55,000  00 

2202-02  For  services  other  than  personal,  including 
printing  pamphlet  of  laws  and  the  annual 
report,  and  for  necessary  office  and  engineer- 
ing suppHes  and  equipment        .  .  .  1,600  00 

2202-03  For  the  care  and  maintenance  of  the  province 
lands  and  of  the  lands  acquired  and  struc- 
tures erected  by  the  Provincetown  tercente- 
nary commission,  including  not  more  than 
five  permanent  positions    ....  8,000  00 

2202-04     For  the  compensation  of  dumping  inspectors  .  1,000  00 

2202-06  For  the  maintenance  and  repair  of  certain 
property  in  the  town  of  Plymouth,  includ- 
ing not  more  than  two  permanent  positions  .  7,000  00 

2202-07  For  the  operation  and  maintenance  of  the  New 
Bedford  state  pier,  including  not  more  than 
seven  permanent  positions  .  .  .  13,000  00 

2202-09  For  the  maintenance  of  structures,  and  for 
repairing  damages  along  the  coast  line  or 
river  banks  of  the  commonwealth,  and  for 
the  removal  of  wrecks  and  other  obstruc- 
tions from  tide  waters  and  great  ponds        .         25,000  00 

2202-11  For  the  improvement,  development,  mainte- 
nance and  protection  of  rivers  and  harbors, 
tidewaters  and  foreshores  within  the  com- 
monwealth, as  authorized  by  section  eleven 
of  chapter  ninety-one  of  the  General  Laws, 
as  appearing  in  the  Tercentenary  Edition 
thereof,  and  of  great  ponds,  and  any  un- 
expended balance  of  the  appropriation  for 
these  purposes  remaining  at  the  end  of  the 
current  fiscal  year  may  be  expended  in  the 
succeeding  fiscal  year;  provided,  that  all 
expenditures  shall  be  upon  condition  that  at 
least  fifty  per  cent  of  the  cost  is  covered  by 
contributions  from  municipalities  or  other 
organizations  and  individuals,  except  that 
in  the  case  of  dredging  channels  for  harbor 
improvements  at  least  twenty-five  per  cent 
of  the  cost  shall  be  so  covered    .  .  .        100,000  00 


Acts,  1945.  —  Chap.  404. 


407 


tem 

2202-12  For  re-establishing  and  permanently  marking 
certain  triangulation  points  and  stations, 
as  required  by  order  of  the  land  court  in  ac- 
cordance with  section  thirty-three  of  chap- 
ter ninety-one  of  the  General  Laws     .  .  $800  GO 

2202-13  For  expenses  of  surveying  certain  town  bound- 
aries, by  the  department  of  public  works  500  00 

2202-14     For  expenses  of  perambulating  state  boundary 

lines 4,000  00 

Total $215,900  00 

Sendee  of  the  Department  of  Public  Utilities. 

2301-01  For  personal  services  of  the  commissioners,  in- 
cluding not  more  than  five  permanent  posi- 
tions       . $36,000  00 

2301-02  For  personal  services  of  secretaries,  employees 
of  the  accounting  division,  engineering  di- 
vision, and  rate  and  tariff  division,  including 
not  more  than  sixteen  permanent  positions  .  51,680  00 

2301-03  For  personal  services  of  the  inspection  division, 
including  not  more  than  twenty-one  perma- 
nent positions 56,380  00 

2301-04  For  personal  services  of  clerks,  messengers  and 
office  assistants,  including  not  more  than 
eleven  permanent  positions         .         .         .         18,730  00 

2301-05  For  personal  services  of  the  telephone  and  tele- 
graph division,  including  not  more  than 
seven  permanent  positions  .         .         .         18,780  00 

2301-06    For  traveling  expenses  of  the  commissioners 

and  employees  .....  5,200  00 

2301-07  For  other  services,  including  printing  the  an- 
nual report  and  necessary  office  supplies  and 
equipment 9,800  00 

2301-08  For  stenographic  reports  of  evidence  at  in- 
quests held  in  cases  of  death  by  accident  on 
or  about  railroads,  or  caused  by  the  opera- 
tion of  motor  vehicles  for  the  carriage  of 
passengers  for  hire    .....  300  00 

Total $196,870  00 

Special  Investigation: 
2301-09     For  personal  services  and  expenses  of  special 
investigations,  including  legal  assistants  and 
stenographic  services  as  needed  .  $5,000  00 

Investigation  of  Gas  and  Electric  Light 
Meters : 

2302-01  For  personal  services  of  the  division  of  inspec- 
tion of  gas  and  gas  meters,  including  not 
more  than  twelve  permanent  positions  $27^00  00 

2302-02  For  expenses  of  the  division  ci  inspection  of 
gas  and  gas  meters,  including  traveling  and 
other  necessary  expenses  of  in.spection         .  3,000  00 

Total $30,000  00 

Commercial  Motor  Vehicle  Division: 
2304-01     For  personal  services  of  the  director  and  assist- 
ants, including  not  more  than  twenty-four 
permanent  positions  ....        $50,000  00 

2304-02     For  other  services,  necessary  office  supplies 

and  equipment,  and  for  rent       .  16,400  00 


Total 


$66,400  00 


408 


Acts,  1945.  — Chap.  404. 


Item 


2308-01 


2308-02 


Sale  of  Securities: 

For  personal  services  in  administering  the  law 
relative  to  the  sale  of  securities,  including 
not  more  than  nine  permanent  positions 

For  expenses  other  than  personal  in  adminis- 
tering the  law  relative  to  the  sale  of  securities 

Total 


SI 9,380  00 

1,400  00 

$20,780  00 


2320-01  The  unexpended  balance  of  the  amount  reap- 
propriated  by  Item  2320-01  in  section  two 
of  chapter  three  hundred  and  seventy  of  the 
acts  of  nineteen  hundred  and  forty-three  is 
hereby  again  reappropriated. 


Interest  on  the  Public  Debt. 

2410-00  For  the  payment  of  interest  on  the  direct  debt 
of  the  commonwealth,  to  be  in  addition  to 
the  amount  appropriated  in  It«m  2951-00  . 


$93,894  50 


Requirements  for  Extinguishing  the  State  Debt. 

2420-00  For  sinking  fund  requirements  and  for  certain 
serial  bonds  maturing  during  the  year  nine- 
teen hundred  and  forty-six,  to  be  in  addition 
to  the  amounts  appropriated  in  Item  2952- 
00 


$977,000  00 


Bunker  Hill  Monument. 

2801-00     (This  item  postponed.) 

(Miscellaneous    repairs    to    moniiraent    and 
grounds.     This  item  postponed.) 


Unclassified  Accounts  and  Claims. 

2805-01  For  the  payment  of  certain  annuities  and  pen- 
sions of  soldiers  and  others  under  the  pro- 
visions of  certain  acts  and  resolves  .  $9,100  00 
2805-02  For  payment  of  any  claims,  as  authorized  by 
section  eighty-nine  of  chapter  tlurty-two  of 
the  General  Laws,  as  amended,  for  allow- 
ances to  the  families  of  certain  employees 
killed  or  fatally  injured  in  the  discharge  of 
their  duties 12,000  00 

2811-02  For  the  compensation  of  veterans  who  may  be 
retired  by  the  governor  under  the  provisions 
of  sections  fifty-six  to  fifty-nine,  inclusive, 
of  chapter  thirty-two  of  the  General  Laws  225,000  00 

2811-03  For  the  compensation  of  certain  prison  officers 
and  instructors  formerly  in  the  service  of  the 
commonwealth,  now  retired        .  .  63,000  00 

2811-04  For  the  compensation  of  stat«  police  officers 
formerly  in  the  service  of  the  common- 
wealth, now  retired 55,000  00 

2820-02  For  small  items  of  expenditure  for  which  no 
appropriations  have  been  made,  and  for 
cases  in  which  appropriations  have  been 
exhausted  or  have  reverted  to  the  treasury 
in  previous  years      .....  1,000  00 


Acts,  1945.  —  Chap.  404. 


409 


Item 
2820-04 


2820-06 


2820-30 


For  the  compensation  of  certain  public  em- 
ployees for  injuries  sustained  in  the  course 
of  their  employment,  for  the  year  nineteen 
hundred  and  forty-six  and  for  previous 
years,  as  pro^^ded  by  section  sixty-nine  of 
chapter  one  hundred  and  fifty-two  of  the 
General  Laws,  to  be  in  addition  to  the 
amounts  appropriated  by  Item  2970-07       .        $45,000  00 

For  reimbursement  of  persons  for  funds  previ- 
ously deposited  in  the  treasury  of  the  com- 
monwealth and  escheated  to  the  common- 
wealth    .......  5,000  00 

For  the  cost  of  transfer  and  maintenance  of 
certain  patients  and  inmates,  as  authorized 
by  chapter  four  hundred  and  twenty-two  of 
the  acts  of  nineteen  hundred  and  forty-three       250,000  00 

Total $665,100  00 


The   Following  Appropriations  are   Madk  from  the   Highway 

Fund: 

Service  of  the  Department  of  Public  Works 

Administration: 

2921-01  For  the  salaries  of  the  commissioner  and  the 
associate  commissioners,  including  not  more 
than  three  permanent  positions,  partly 
chargeable  to  Item  3131-01        .  .  .        114,625  00 

2921-02  For  personal  services  of  clerks  and  assistants 
to  the  commissioner,  including  not  more 
than  four  permanent  positions,  partly 
chargeable  to  Item  3131-02        .  .  .  6,615  00 

2921-03  For  travehng  expenses  of  the  commissioners, 
to  be  in  addition  to  the  amounts  appropri- 
ated in  Item  3131-03         .         .         .         .  1,500  00 

2921-04  For  telephone  service  in  the  public  works 
building,  including  not  more  than  six  per- 
manent positions,  partly  chargeable  to  Item 
3131-04 18,300  00 

Total $41,040  00 


Public  Works  Building: 

2922-01  For  personal  services  for  the  maintenance  and 
operation  of  the  public  works  building,  in- 
cluding not  more  than  sixty-eight  perma- 
nent positions  ..... 

2922-02  For  the  salaries  of  guards  for  the  public  works 
building,  including  not  more  than  seventeen 
permanent  positions  .... 

2922-03  For  other  expenses  for  the  maintenance  and 
operation  of  the  public  works  building 

Total 


$76,000  00 


31,860  00 

53.000  00 

$160,860  00 


Functions  of  the  department  relating  to 
highways : 
2900-02  For  personal  services  and  expenses  of  adminis- 
trative and  engineering  work  performed  in 
connection  with  all  highway  activities;  for 
personal  services  and  expenses  of  the  de- 


410 


Acts,  1945.  —  Chap.  404. 


It«m 


2900-04 


2900-09 
2900-10 


2900-11 


2900-17 


2900-18 


partment  secretary  and  department  busi- 
ness accent,  including  an  amount  of  fifty- 
eight  dollars  and  twenty  cents  on  account 
of  certain  expense  advance  losses;  and  for 
the  payment  of  damages  caused  by  defects 
in  state  highways,  mth  the  approval  of  the 
attorney  general        .  .  .  .  .  $2,500,000  00 

For  the  maintenance  and  repair  of  state  high- 
ways and  bridges,  including  control  of  snow 
and  ice  on  state  highways  and  town  roads, 
and  for  the  maintenance  of  traffic  signs  and 
signals;  for  personal  services  and  expenses 
of  work  for  which  the  highway  fund  is  reim- 
bursed other  than  work  in  connection  with 
projects  included  in  federal  aid  programs- 
for  the  cost,  not  exceeding  fifty  thousand 
dollars,  of  increasing  the  inventorj^  held  in 
store-rooms  of  the  department;  and  for  the 
payment  of  personal  services  and  expenses 
in  connection  with  the  purchase,  construc- 
tion and  repair  of  shelters  for  departmental 
equipment  and  material,  the  cost  of  which 
is  less  than  five  thousand  dollars  for  each 
project 3,500.000  00 

For  the   construction   and   reconstruction  of 

state  highways  by  state  forces    .  .        100,000  00 

For  projects  for  the  construction  and  recon- 
struction of  highways,  including  grade 
crossing  elimination,  which  have  been  ap- 
proved by  the  proper  federal  authorities  to 
be  included  in  federal  aid  programs,  and  for 
land  damages  in  connection  with  such  proj- 
ects, to  be  in  addition  to  amounts  hereto- 
fore authorized  for  these  purposes  .     1,250,000  00 

For  projects  for  the  construction  and  recon- 
struction of  state  highways  without  assist- 
ance from  the  federal  government       .  .        150,000  00 

For  projects  for  the  construction  and  repair  of 
town  and  county  ways,  and  amounts  appro- 
priated for  this  purpose  in  any  fiscal  year 
shall  be  available  for  expenditure  in  the 
succeeding  fiscal  year         ....        865,000  00 

For  aiding  towns  in  the  repair  and  improve- 
ment of  pubUc  ways  ....     1,384,000  00 


Specials: 
(Special  projects. 


This  item  omitted.) 


2900-50  \  The  existence  of  the  Public  Works  Stores  and 
55  /  Equipment  account,  established  bv  Items 
2900-50  and  2900-55  in  section  two  of  chap- 
ter sixty-eight  of  the  acts  of  nineteen  hun- 
dred and  forty-three,  is  hereby  continued 
for  the  year  nineteen  hundred  and  forty-six 
under  the  terms  and  conditions  prescribed 
by  said  items  of  said  chapter  sixty-eight; 
provided,  that  the  total  amount  expended 
for  capital  outlay  for  the  purchase  of  equip- 
ment from  this  account  shall  not  exceed  five 
hundred  and  fifty  thousand  dollars. 

Total $9,749,000  00 


Acts,  1945.  —  Chap.  404. 


411 


Item 


2924-01 
2924-02 


2924-03 


Registration  of  Motor  Vehicles: 
For  personal  services,  including  not  more  than 

six  hundred  and  seven  permanent  positions  .  $1,045,000  00 
For  services  other  than  personal,  including 
traveling  expenses,  purchase  of  necessary 
supplies  and  materials,  including  cartage 
and  storage  of  the  same,  and  for  work  inci- 
dental to  the  registration  and  licensing  of 
owners  and  operators  of  motor  vehicles 
For  printing  and  other  expenses  necessary  in 
connection  with  publicity  for  certain  safety 
work        ....... 


4.50,000  00 


5,000  00 


Total  . 


.  $1,500,000  00 


Metropolitan  District  Commission. 

(All  items  included  under  the  Metropolitan 
District  Commission  are  postponed.) 


Service  of  the  Commission  on  Administration  and  Finance. 
(This  item  omitted.) 


Interest  on  the  Public  Debt. 

2951-00  For  the  payment  of  interest  on  the  direct  debt 
of  the  commonwealth,  to  be  in  addition  to 
the  amount  appropriated  in  Item  2410-00  . 


$19,362  50 


Requirements  for  Extinguishing  the  State  Debt. 

2952-00  For  sinking  fimd  requirements  and  for  certain 
serial  bonds  maturing  during  the  year  nine- 
teen hundred  and  forty-six,  to  be  in  addi- 
tion to  the  amount  appropriated  in  Item 
2420-00 $625,000  00 


Sumner  Tunnel 
2960-02     (This  item  omitted.) 


Service  of  the  Treasurer  and  Receiver-General. 

State  Board  of  Retirement: 
2970-01  For  requirements  of  annuity  funds  and  pen- 
sions for  employees  retired  from  the  state 
service  under  authority  of  law,  to  be  in 
addition  to  the  amount  appropriated  in 
Item  0604-03 


$36,000  00 


Service  of  the  Department  of  Banking  and  Insurance. 

Division  of  Insurance: 
2970-02  For  other  personal  services  of  the  division,  in- 
cluding expenses  of  the  board  of  appeal  and 
certain  other  costs  of  supervising  motor 
vehicle  Uability  insurance,  to  be  in  addition 
to  the  amount  appropriated  in  Item  1103-02       $70,000  00 


412 


Acts,  1945.  —  Chap.  404. 


Item 


2970-03 


Service  of  the  Department  of  Corporations  and  Toxation. 

Corporations  and  Tax  Divisions: 
To  cover  the  estimated  cost  of  collection  of  the 
gasoline  tax,  so  called,  and  to  be  in  addition 
to  the  amount  appropriated  in  Item  1201-02       $50,000  00 


Service  of  the  Department  of  Public  Safety. 

Division  of  State  Police: 

2970-04  For  the  salaries  of  officers  and  detectives,  to  be 
in  addition  to  the  amount  appropriated  in 
Item  2102-01 $270,000  00 

2970-05  For  other  necessary  expenses  of  the  division, 
to  be  in  addition  to  the  amount  appropri- 
ated in  Item  2102-03         ....        180,000  00 

Total $4.50.000  00 


Unclassified  Accounts  and  Claims. 

2970-07  For  the  compensation  of  certain  public  em- 
ployees for  injuries  sustained  in  the  course 
of  their  employment,  for  the  year  nineteen 
hundred  and  forty-six  and  for  previous 
years,  as  provided  by  section  sixty-nine  of 
chapter  one  hundred  and  fifty-two  of  the 
General  Laws,  as  amended,  to  be  in  addi- 
tion to  the  amount  appropriated  bv  Item 
2820-04  .  .  .  .  . 

2970-09  For  the  estimated  share  of  the  cost  of  certain 
administrative  functions  of  the  treasurer 
and  receiver-general,  the  auditor  of  the 
commonwealth,  and  the  commission  on  ad- 
ministration and  finance,  properly  charge- 
able to  the  highway  fund,  the  sum  of  one 
hundred  thousand  dollars  is  hereby  appro- 
priated to  be  allocated  in  the  following 
amounts  for  the  purposes  set  forth  in  the 
following  items  and  to  be  in  addition  to 
the  amounts  appropriated  in  said  items 
from  the  general  fund: 

Item  0415-02    .  $40,000  00 


Item  0415-03 
Item  0415-04 
Item  0601-02 
Item  0701-02 


15,000  00 

15,000  00 

15,000  00 

15,000  00 


$55,000  00 


100,000  00 


The   Following   Appropriations   are   Made   prom   the   Port  of 
Boston  Fund: 

Service  of  the  Department  of  Public  Works. 

Administration : 

3131-01  For  the  salaries  of  the  commissioner  and  the 
associate  commissioners,  to  be  in  addition 
to  the  amounts  appropriated  in  Item  2921- 
01 $4,875  00 

3131-02  For  personal  services  of  clerks  and  assistants 
to  the  commissioner,  to  be  in  addition  to  the 
amounts  appropriated  in  Item  2921-02        .  2,205  00 

3131-03  For  traveling  expenses  of  the  commissioners, 
to  be  in  addition  to  the  amounts  appropri- 
ated in  Item  2921-03         .         ,         .         ,  500  00 


Acts,  1945.  —  Chap.  404. 


412 


Item 


3131-04  For  telephone  service  in  the  piibhc  works 
building,  to  be  in  addition  to  the  amounts 
appropriated  in  Item  2921-04    .  .  .  $6,100  00 

Total $13,680  00 


Functions  of  the  department  relating  to 
Port  of  Boston: 

3132-02  For  the  supervision  and  operation  of  common- 
wealth pier  five,  including  not  more  than 
forty  permanent  positions,  and  for  the  re- 
pair and  replacement  of  equipment  and 
other  property $95,000  00 

3132-04     For  the  construction  of  railroads  and  piers  and 

for  the  development  of  certain  land     .  .  2,000  00 

3132-12     For   the    maintenance    and   improvement   of 

commonwealth  property  under  the  control 

of  the  department  id  connection  with  its 

functions  relating  to  waterways  and  public 

^  lands 70,000  00 

3132-13  The  unexpended  balance  of  the  appropriations 
made  by  Item  3132-13  in  section  two  of 
chapter  four  hundred  and  nineteen  of  the 
acts  of  nineteen  hundred  and  forty-one,  as 
reappropriated  by  chapter  five  hundred  and 
seventy-two  of  the  acts  of  nineteen  hundred 
and  forty-three,  is  hereby  again  reappro- 
priated. 

3132-14     For  personal  services  and  other  expenses  of  the 

cost  of  operating  the  Logan  airport     .  .  75,000  00 

Total $242,000  00 


Boston  Port  Authority. 

3134-01  For  reimbursement  of  the  city  of  Boston  for  a 
part  of  the  cost  of  the  Boston  Port  Author- 
ity, as  authorized  by  chapter  four  hundred 
and  fifty-three  of  the  acts  of  nineteen  hun- 
dred and  thirtj-'-eight,  to  be  in  addition  to 
any  amount  heretofore  appropriated  for  the 
purpose  ....... 


$3,000  00 


The  Following  Appropriations  are  Payable  from  Fees  Col- 
lected UNDER  Section  27  of  Chapter  138  of  the  General 
Laws: 


3621 


3622 


Service  of  Old  Age  Assistance  Administration. 

For  personal  services  required  for  the  adminis- 
tration of  old  age  assistance  provided  by 
chapter  one  hundred  and  eighteen  A  of  the 
General  Laws,  including  not  more  than 
forty-seven  permanent  positions  .  .        $82,000  00 

For  other  expenses,  including  rent,  travel, 
office  supT)Iies  and  other  necessary  expenses, 
required  for  the  administration  of  old  age 
assistance  provided  by  said  chapter  one 
hundred  and  eighteen  A    ....  11,50000 


Total 


$93,500  00 


414 


Acts,  1945.  —  Chap.  404. 


Thb  Foux)winq  Appropriation  is  Payable  from  the  Mosquito 
Control  Fund: 

Item 

State  Reclamation  Board. 

3901  For  the  maintenance  and  construction  of  drain- 

age ditches,  as  authorized  by  chapter  three 
hundred  and  seventy-nine  of  the  acts  of 
nineteen  hundred  and  thirty,  as  amended 
by  section  one  of  chapter  two  hundred  and 
fifty  of  the  acts  of  nineteen  hundred  and 
thirty-five,  to  be  assessed  in  the  calendar 
year  nineteen  hundred  and  forty-five  .  .        $36,981  57 

The   Following  Appropriations   are   Payable   prom   the   Parks 
AND  Salisbury  Beach  Reservation  Fund: 

Division  of  Parks  and  Recreation. 

401 1  For  personal  services  for  certain  administra- 

tive purposes  and  for  certain  consulting 
services,  including  not  more  than  seven 
permanent  positions  ....       $30,000  00 

4012  For  travel  and  other  administrative  expenses, 

including  supplies  for  reservation  improve- 
ments       6,000  00 

4013  For  the  development  of  recreational  oppor- 

tunities in  state  forests,  including  personal 
services  and  other  expenses         .         .         .         35,000  00 
4021  Foi^  the  maintenance  of  the  Standish  monu- 

ment reservation      .....  2,000  00 

Salisbury  Beach  Reservation: 
4031           For  the  maintenance  of  Salisbury  beach  reser- 
vation, including  not  more  than  one  perma- 
nent position 20,000  00 

Total $93,000  00 

The  Following  Appropriations  are   Payable   from   the  Smoke 
Inspection  Fund: 

Division  of  Smoke  Inspection. 

4311  For  personal  services,  including  not  more  than 

twelve  permanent  positions        .  .  .        $27,000  00 

4312  For  other  services,  printing  the  annual  report, 

travel,   and  necessary   office   supplies  and 

equipment        ......  2,600  00 

Total $29,600  00 


The  Following  Appropriations  are  Payable  from  the   Prison 
Industries  Fund: 

4401  For  salaries  of  persons  employed  in  the  depart- 

ment of  correction  in  certain  supervisory 
and  administrative  work  in  prison  indus- 
tries, including  not  more  than  seven  per- 
manent positions;  provided,  that  of  the 
amount  herein  appropriated  the  proportions 
properly  chargeable  to  the  prison  industries 
fund  at  the  Massachusetts  reformatory,  the 
reformatory  for  women,  the  state  prison, 
and  the  state  prison  colony  shall  be  deter- 
mined by  the  comptroller  .  .  .  .        $21,540  00 


Acts,  1945.  —  Chap.  404.  415 

Item 

4411  For  salaries  of  persons  employed  in  industries 
at  the  Massachusetts  Reformatory,  includ- 
ing not  more  than  twenty-six  permanent 
positions $56,123  00 

4511  For  salaries  of  persons  employed  in  industries 

at  the  Reformatory  for  Women,  including 
not  more  than  thirteen  permanent  positions         24,030  00 

4611  For  salaries  of  persons  employed  in  industries 

at  the  State  Prison,  including  not  more  than 
thirty-four  permanent  positions  .  .  73,560  00 

4711  For  salaries  of  persons  employed  in  industries 

at  the  State  Prison  Colony,  including  not 
more  than  twenty  permanent  positions       .  48,960  00 


Total $224,213  00 


Metropolitan  District  Commission  Funds. 

(All  items  under  the  metropoUtan  district  com- 
mission funds  postponed.) 

General  Fund $56,325,524  85 


Highway  Fund 

Port  of  Boston  Fund    .... 

Old  Age  Assistance  Fund,  administration 

Special  Assessment  Funds     . 

Prison  Industries  Fund 


12,856,262  50 

258,680  00 

93,500  00 

159,581  57 

224,213  00 


Section  3.  No  payment  shall  be  made  or  obligation 
incurred  under  authority  of  any  special  appropriation 
made  by  this  act  for  construction  of  public  buildings  or 
other  improvements  at  state  institutions  until  plans  and 
specifications  have  been  approved  by  the  governor,  unless 
otherwise  provided  by  such  rules  and  regulations  as  the 
governor  may  make. 

Section  4.  No  moneys  appropriated  under  this  act  shall 
be  expended  for  reimbursement  for  the  expenses  of  meals 
for  persons  while  traveling  within  the  commonwealth  at  the 
expense  thereof,  unless  such  reimbursement  is  in  accordance 
with  rules  and  rates  which  are  hereby  authorized  to  be 
established  from  time  to  time  by  the  commission  on  ad- 
ministration and  finance. 

Section  5.  The  allowance  to  state  employees  for  ex- 
penses incurred  by  them  in  the  operation  of  motor  vehicles 
owned  by  them  and  used  in  the  performance  of  their  official 
duties  shall  not  exceed  five  and  one  half  cents  a  mile. 

Section  6.  Amounts  included  for  permanent  positions 
in  sums  appropriated  in  section  two  for  personal  services 
are  based  upon  schedules  of  permanent  positions  and  salary 
rates  as  approved  by  the  joint  committee  on  ways  and 
means,  and,  except  as  otherwise  shown  by  the  files  of  said 
committee,  no  part  of  sums  so  appropriated  in  section  two 
shall  be  available  for  payment  of  salaries  of  any  additional 
permanent  positions,  or  for  payments  on  account  of  re- 
allocations of  permanent  positions  or  on  account  of  any 
change  of  salary  range  or  compensation  of  any  permanent 
position. 


416  Acts,  1945.  —  Chap.  405. 

Section  7.  All  money  paid  into  the  treasury  of  the 
commonwealth  from  federal  subventions  and  grants  may 
be  expended  without  specific  appropriation,  if  such  ex- 
penditures are  otherwise  in  accordance  with  law;  provided, 
that  applications  for  such  subventions  and  grants,  and  for 
transfers  within  said  subventions  and  grants,  shall  be  sub- 
ject to  the  approval  of  the  commission  on  administration 
and  finance. 

Section  8.  The  budget  commissioner  is  hereby  directed 
to  send  a  copy  of  sections  three,  four,  five,  six  and  seven  of 
this  act  to  each  departmental,  divisional  and  institutional 
head  immediately  following  the  passage  of  this  act. 

Section  9.  The  state  treasurer  is  hereby  authorized 
and  directed  to  charge  oE  from  the  accounts  of  deposits 
heretofore  made  with  certain  banks  now  closed  the  sum  of 
thirty  thousand  seven  hundred  and  ninety  dollars  and 
twenty-six  cents,  including  a  certain  trust  fund  in  the 
amount  of  fifteen  thousand  five  hundred  and  ten  dollars 
and  ninety-two  cents. 

Section  10.  This  act  shall  take  effect  on  July  first, 
nineteen  hundred  and  forty-five. 

Approved  June  11,  1945. 

ChapA05  An  Act  providing  for  the  continuance  in  force  be- 
yond THE  DATE  OF  EXPIRATION  OF  LICENSES  TO  OPERATE 
MOTOR  VEHICLES  HELD  BY  CERTAIN  PERSONS  WHO  ARE 
SERVING  OR  HAVE  RECENTLY  SERVED  IN  THE  MILITARY  OR 
NAVAL    FORCES   OF   THE   UNITED    STATES. 

Emergency  Wheretts,  Many  residents  of  this  commonwealth  in  the 

pream  .  armed  forces  are  returning  from  time  to  time  and  it  is  re- 
quired that  this  act  be  made  effective  forthwith  in  order 
to  enable  them  to  obtain  at  once  the  benefits  thereof,  there- 
fore this  act  is  hereby  declared  to  be  an  emergency  law, 
necessary  for  the  immediate  preservation  of  the  public  con- 
venience. 

Be  it  enactedy  etc,  as  follows: 

Section  twenty-three  of  chapter  seven  hundred  and  eight 
of  the  acts  of  nineteen  hundred  and  forty-one,  as  amended 
by  chapter  four  hundred  and  twenty-one  of  the  acts  of  nine- 
teen hundred  and  forty-three,  is  hereby  further  amended  by 
adding  at  the  end  the  following  paragraph :  — 

Any  provision  of  the  preceding  paragraph  to  the  contrary 
notwithstanding,  but  subject  to  the  last  sentence  of  this 
paragraph,  any  license  to  operate  motor  vehicles  issued 
under  section  eight  of  chapter  ninety  of  the  General  Laws 
which,  by  its  terms,  has  expired  or  shall  expire  during  the 
service  of  the  holder  thereof  in  the  military  or  naval  forces 
of  the  United  States,  shall  continue  in  force  as  a  valid  license 
until  the  expiration  of  sixty  days  after  the  termination  of 
such  service  by  honorable  discharge,  or  until  the  expiration 
of  sixty  days  after  the  termination  of  the  existing  states  of 


Acts,  1945.  —  Chap.  406.  417 

war  between  the  United  States  and  certain  foreign  countries, 
whichever  first  occurs,  subject  to  all  other  provisions  of 
said  chapter  ninety  relative  to  such  license.  The  holder  of 
a  license  continued  in  force  as  aforesaid  shall,  while  operating 
a  motor  vehicle,  carry  upon*his  person  the  license  issued  to 
him  which  was  valid  at  the  time  of  his  entry  into  the  military 
or  naval  service,  or  his  renewed  license  if  it  was  renewed 
during  such  service,  and  shall  also  carry  upon  his  person 
conclusive  evidence  that  he  is  serving  in  said  military  or 
naval  forces  or  that  he  has  terminated  such  service  within  a 
period  of  sixty  days.  If  the  license  of  such  person  is  lost  or 
mutilated,  a  duplicate  thereof  shall  be  furnished  by  the 
registrar  of  motor  vehicles  without  fee  upon  application 
and  presentation  of  the  evidence  aforesaid.  This  paragraph 
shall  be  inoperative  with  respect  to  any  person  who  is  hos- 
pitalized or  who  has  been  discharged  from  the  miUtary  or 
naval  forces  of  the  United  States  because  of  a  disability, 
unless  the  license  of  such  person  is  certified  as  valid  by  said 
registrar.  .  Approved  June  13,  1945. 


An    Act   temporarily    continuing    in    effect   certain  Chap. 406 

MORTALITY  TABLES  AND  RATES  OF  INTEREST  FOR  THE 
CONTRIBUTORY  RETIREMENT  SYSTEMS  OF  THE  COMMON- 
WEALTH AND  THE  POLITICAL  SUBDIVISIONS  THEREOF  AND 
FOR   THE   teachers'    RETIREMENT   SYSTEM. 

Whereas,  The  mortality  tables  and  the  rates  of  interest  Emergency 
sought  to  be  continued  in  effect  by  this  act  would,  but  for  ^'^^™ 
this  act,  shortly  cease  to  be  effective,  but  the  circumstances 
and  conditions  which  made  advisable  their  being  made 
effective  still  continue,  and  it  is  accordingly  desirable  that 
said  tables  and  rates  continue  in  effect  without  interruption, 
therefore  this  act  is  hereby  declared  to  be  an  emergency 
law,  necessary  for  the  immediate  preservation  of  the  public 
convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  mortality  tables  and  the  rates  of  in- 
terest used  in  connection  therewith  for  the  teachers'  retire- 
ment system  which  were  in  effect  immediately  prior  to 
July  second,  nineteen  hundred  and  forty-two,  shall  remain 
in  full  force  and  effect  until  and  including  January  first, 
nineteen  hundred  and  forty-six;  and  the  commissioner  of 
insurance  and  the  teachers'  retirement  board  are  hereby 
authorized  and  directed  to  use  the  tables  and  rates  hereby 
continued  in  effect  in  computing  the  retirement  allowances 
of  teachers  to  and  including  said  January  first,  nineteen 
hundred  and  forty-six. 

Section  2.  The  mortality  tables  and  the  rates  of  inter- 
est used  in  connection  therewith  for  the  retirement  systems 
of  the  commonwealth  and  the  political  subdivisions  thereof, 
other  than  the  teachers'  retirement  system,  which  were  in 
effect  on  January  first,  nineteen  hundred  and  forty-three, 


418 


Acts,  1945.  —  Chap.  407. 


shall  continue  in  full  force  and  effect  until  and  including 
January  first,  nineteen  hundred  and  forty-six;  and  the 
commissioner  of  insurance  and  the  retirement  boards  of 
said  retirement  sj^stems  are  hereby  authorized  and  directed 
to  use  the  tables  and  rates  hi^reby  continued  in  effect  in 
computing  the  retirement  allowances  of  persons  under  said 
systems  until  and  including  said  January  first,  nineteen 
hundred  and  forty-six.  Approved  June  13,  1945. 


ChapA07  An  Act  making  a  corrective  change  in  the  laws  per- 
taining TO  THE  investment  OF  DEPOSITS  OF  SAVINGS 
BANKS  AND  THE  INCOME  DERIVED  THEREFROM  IN  CERTAIN 


Emergency 
preamble. 


1945,  197. 
§  1,  amended. 
G.  L.  (Ter. 
Ed.).  168. 
§  54,  etc.. 
amended. 


Loans  on 
personal 
security. 


Effective 
date. 


PERSONAL   LOANS. 

Whereas,  One  of  the  purposes  of  this  act  is  to  prevent 
chapter  one  hundred  and  ninety-seven  of  the  acts  of  the  cur- 
rent year  from  taking  effect  without  the  amendment  made 
by  this  act  and  said  purpose  cannot  be  achieved  unless  this 
act  takes  effect  earlier  than  ninety  days  after  its  passage, 
therefore  this  act  is  hereby  declared  to  be  an  emergency  law, 
necessary  for  the  immediate  preservation  of  the  public  con- 
venience. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  one  hundred  and  ninety-seven  of  the 
acts  of  nineteen  hundred  and  forty-five  is  hereby  amended 
by  striking  out  section  one  and  inserting  in  place  thereof  the 
following  section :  —  Section  1 .  Clause  Ninth  of  section  fifty- 
four  of  chapter  one  hundred  and  sixty-eight  of  the  General 
Laws,  as  amended,  is  hereby  further  amended  by  adding  at 
the  end  of  the  first  paragraph,  as  appearing  in  the  Tercente- 
nary Edition,  the  following :  —  ;  and  said  limitations  as  to 
time  and  total  individual  liabilities  of  any  one  borrower  shall 
not  apply  to  loans  made  under  subdivision  (a)  of  this  clause, 
—  so  that  the  first  paragraph  will  read  as  follows :  —  In  loans 
of  the  classes  hereinafter  described,  payable  and  to  be  paid 
or  renewed  at  a  time  not  exceeding  one  year  from  the  date 
thereof;  but  not  more  than  one  third  of  the  deposits  and 
income  shall  so  be  invested,  nor  shall  the  total  liabilities  to 
such  corporation  of  a  person,  partnership,  association  or  cor- 
poration for  money  borrowed  upon  personal  security,  in- 
cluding in  the  liabilities  of  a  partnership  or  company  not 
incorporated  the  liabilities  of  the  several  members  thereof, 
exceed  five  per  cent  of  such  deposits  and  income;  but  said 
limitations,  except  as  to  time  in  which  said  loans  shall  be 
paid  or  renewed,  shall  not  apply  to  loans  made  under  para- 
graph (2)  subdivision  (e)  of  this  clause;  and  said  limitations 
as  to  time  and  total  individual  liabilities  of  any  one  borrower 
shall  not  apply  to  loans  made  under  subdivision  (a)  of  this 
clause. 

Section  2.  Section  one  of  this  act  shall  take  effect  at 
the  same  time  that  section  two  of  chapter  one  hundred  and 
ninety-seven  of  the  acts  of  the  current  year  takes  effect. 

Approved  June  13,  1945. 


Acts,  1945.  —  Chaps.  408,  409,  410.  419 


An  Act  enabling  war  veterans  who  are  minors  to  ChavAOS 

PARTICIPATE  IN  THE  BENEFITS  PROVIDED  BY  THE  FEDERAL 
LAW  KNOWN  AS  THE  SERVICEMEN'S  READJUSTMENT  ACT 
OF    1944. 

Whereas,  Many  residents  of  this  commonwealth  have  re-  Emergency 
cently  become  veterans  of  World  War  II  and  many  more  are  ?"■«*"»*>'«• 
becoming  veterans  thereof  from  time  to  time  and  it  is  re- 
quired that  this  act  be  made  effective  forthwith  in  order  to 
enable  them  to  obtain  at  once  the  benefits  of  the  Service- 
men's Readjustment  Act  of  1944,  therefore  this  act  is  hereby 
declared  to  be  an  emergency  law,  necessary  for  the  imme- 
diate preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Residents  of  this  commonwealth  who  are  veterans  of 
World  War  II  and  are  entitled  to  the  benefits  provided  by 
the  federal  law  known  as  the  Servicemen's  Readjustment 
Act  of  1944,  and  also  called  the  G  I  Bill  of  Rights,  may  par- 
ticipate in  said  benefits  notwithstanding  that  they  are  under 
twenty-one  years  of  age,  and  for  said  purpose  such  minors 
shall  have  full  legal  capacity  to  act  in  their  own  behalf  in 
the  matter  of  contracts,  conveyances,  mortgages  and  other 
transactions,  and  with  respect  to  such  acts  done  by  them 
they  shall  have  all  of  the  rights,  powers  and  privileges  and 
be  subject  to  the  obligations  of  persons  of  full  age. 

Approved  June  13,  1945. 

An  Act  relative  to  the  date  upon  which  a  certain  (7/ia».409 

LAW  IN  REGARD  TO  THE  FURNISHING  TO  THE  MILK  CONTROL 
BOARD  OF  CERTAIN  INFORMATION  OF  LICENSED  MILK  DEAL- 
ERS SHALL  BECOME  EFFECTIVE. 

Whereas,    The  deferred  operation  of  this  act  would  tend  ^^^^\^^ 
to  defeat  its  purpose,  which  is  to  postpone  the  effective  date 
of  the  act  referred  to  therein,  therefore  it  is  hereby  declared 
to  be  an  emergency  law,  necessary  for  the  immediate  pres- 
ervation of  the  public  health  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  thirty-four  of  the  acts  of  the 
current  year  is  hereby  amended  by  adding  at  the  end  the 
following  section :  —  Section  2.  This  act  shall  become  effec- 
tive on  October  first  of  the  current  year. 

Approved  June  13,  1945. 

An  Act  placing  under  the  civil  service  laws  certain  ChapAlOi 

POSITIONS   in  the   state   DEPARTMENT  OF  PUBLIC   SAFETY. 

Be  it  enacted,  etc.,  as  folio u^s: 

The  positions  of  female  cleaner  and  male  laborer  in  the 
state  department  of  public  safety  shall,  upon  the  effective 
date  of  this  act,  become  subject  to  the  civil  service  laws  and 


420  Acts,  1945.  —  Chaps.  411,  412. 

the  rules  and  regulations  made  thereunder.  The  incumbents 
of  such  positions  on  the  effective  date  of  this  act  shall  con- 
tinue to  serve  in  such  positions  and  their  tenure  of  office 
shall  be  unlimited,  subject,  however,  to  the  civil  service 
laws.  Approved  June  13,  1945. 


Chap  All  An  Act  providing  for  p4yments,  in  lieu  of  vacations, 

IN  THE  CASE  OF  CERTAIN  EMPLOYEES  OF  THE  COMMON- 
WEALTH WHO  HAVE  BEEN  GRANTED  LEAVES  OF  ABSENCE 
TO  ENTER  THE  ARMED  FORCES  OF  THE  UNITED  STATES 
DURING    THE    PRESENT   WAR. 

Be  it  enacted,  etc.,  as  follows: 

Any  person  in  the  service  of  the  commonwealth  who,  prior 
to  April  thirtieth,  nineteen  hundred  and  forty-three,  resigned 
or  was  granted  a  leave  of  absence  from  the  service  of  the 
commonwealth  to  enter  the  armed  forces  of  the  United  States 
during  the  present  war  and  who,  upon  honorable  discharge 
from  such  service  in  said  armed  forces,  has  returned  or  re- 
turns to  the  service  of  the  commonwealth,  shall  be  paid  an 
amount  equal  to  the  vacation  pay  which  he  would  have 
received  in  the  year  of  his  entry  into  such  service  in  said 
armed  forces  if  his  employment  in  the  service  of  the  com- 
monwealth had  not  been  interrupted  by  such  service  in  said 
armed  forces;  provided,  that  no  monetary  or  other  allow- 
ance has  already  been  made  therefor. 

Approved  June  13,  1945. 

ChapA12  ^'^  ^^'^  PROVIDING  FOR  THE  GRANTING  OF  AID  TO  DEPEND- 
ENT CHILDREN  FROM  THE  DATE  OF  APPLICATION  THERE- 
FOR. 

Be  it  enacted,  etc.,  as  follows: 

Ed.t.iisf'  Section  two  of  chapter  one  hundred  and  eighteen  of  the 

Amended  General  Laws,  as  most  recently  amended  by  chapter  ninety- 

seven  of  the  acts  of  nineteen  hundred  and  forty-three,  is 
hereby  further  amended  by  inserting  after  the  word  "home" 
in  the  sixteenth  line  the  words :  —  and  shall  be  granted  from 
the  date  of  application  therefor, — so  as  to  read  as  follows: — 
boardt  of  Section  2.    In  every  town  the  board  of  public  welfare,  sub- 

weifarc.  ject  to  the  supcrvision  of  the  department  and  in  compliance 

with  the  rules  and  regulations  adopted  by  the  department 
pursuant  to  the  provisions  of  this  chapter,  shall  aid  every 
parent  in  properly  bringing  up,  in  his  or  her  own  home,  each 
dependent  child  if  such  parent  is  fit  to  bring  up  such  child, 
but  no  aid  shall  be  granted  under  this  chapter  for  or  on 
account  of  any  child  unless  (1)  such  child  has  resided  in  the 
commonwealth  one  year  immediately  preceding  the  applica- 
tion for  such  aid,  or  (2)  such  child  was  born  within  the  com- 
monwealth within  one  year  immediately  preceding  such 
application,  if  its  mother  has  resided  in  the  commonwealth 
for  one  year  immediately  preceding  the  birth.    The  aid  fur- 


Acts,  1945.  —  Chap.  413.  421 

nished  shall  be  sufficient  to  enable  such  parent  to  bring  up 
such  child  or  children  properly  in  his  or  her  own  home  and 
shall  be  granted  from  the  date  of  application  therefor.  In 
the  event  of  the  commitment  of  any  such  parent  to  an  in- 
stitution as  an  insane  person,  expenses  for  medical,  hospital 
and  other  services  rendered  on  account  of  such  parent  or  any 
dependent  child  in  his  or  her  care  or  custody,  including  ex- 
penses of  the  funeral  of  any  such  dependent  child  who  may 
have  died,  which  remain  unpaid  at  the  time  of  such  com- 
mitment may  be  paid  by  the  town  directly  to  the  person 
furnishing  such  services,  subject  to  any  rule  or  regulation  of 
the  department  relative  to  reimbursement  under  this  chap- 
ter. In  the  event  of  the  death  of  any  such  parent,  expenses 
for  medical,  hospital  and  other  services  rendered  on  account 
of  such  parent  or  any  dependent  child  in  his  or  her  care  or 
custody,  including  expenses  of  the  funeral  of  any  such  de- 
pendent child  who  may  have  died,  which  remain  unpaid  at 
the  time  of  the  death  of  such  parent,  and  also  expenses  of 
the  funeral  of  such  parent,  may  be  paid  by  the  town  directly 
to  the  person  furnishing  such  services,  subject  to  any  rule  or 
regulation  of  the  department  relative  to  reimbursement  un- 
der this  chapter.  Nothing  in  this  chapter  shall  be  construed 
as  authorizing  any  public  official,  agent  or  representative,  in 
carrying  out  any  provision  of  this  chapter,  to  take  charge 
of  any  child  over  the  objection  of  either  the  father  or  the 
mother  of  such  child,  or  of  the  person  standing  in  loco  paren- 
tis to  such  child,  except  pursuant  to  a  proper  court  order. 

Approved  JuneJS,  1945. 


An  Act  further  regulating  the  hours  of  duty  of  per-  ChapAlS 

MANENT     MEMBERS     OF     FIRE     DEPARTMENTS     IN     CERTAIN 
CITIES    AND    TOWNS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  forty-eight  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  amended  by  inserting  after  section  fifty-eight  A,  in-  new'^s^lsB. 
serted  by  chapter  six  hundred  and  thirty-eight  of  the  acts  of  a^ded. 
nineteen  hundred  and  forty-one,  the  following  section :  — 
Section  68 B.    The  hours  of  duty  of  the  permanent  members  Hours  of  duty 
of  the  uniformed  fire  fighting  force  in  every  city  and  town  in  membMrof"* 
which  this  section  is  accepted  as  hereinafter  provided  shall  fire  depart- 
be  so  established  by  the  fire  commissioner,  board  of  fire  tain  cities 
commissioners,  chief  engineer,  board  of  engineers,  or  other  fe^uktld.^' 
officers  having  charge  of  fire  fighting  that  the  average  weekly 
hours  of  duty  in  any  year,  other  than  hours  during  which 
such  members  may  be  summoned  and  kept  on  duty  because 
of  conflagrations,  shall  not  exceed  forty-eight  in  number. 
Sections  fifty-six,  fifty-seven,  fifty-eight  A  and  fifty-nine  shall 
not  apply  to  the  permanent  members  of  the  uniformed  fire 
fighting  force  in  any  such  city  or  town. 

Upon  petition  of  not  less  than  ten  per  cent  of  the  regis- 
tered voters  in  any  city  or  town,  duly  certified  by  the  regis- 


422  Acts,  1945.  —  Chaps.  414,  415. 

trars  of  voters  and  filed  with  the  state  secretary  not  less  than 
thirty  days  before  any  state  election,  the  state  secretary 
shall  cause  to  be  printed  upon  the  official  ballot  to  be  used 
in  such  city  or  town  at  such  state  election  the  following  ques- 
tion: "Shall  section  fifty-eight  B  of  chapter  fortj^-eight  of 
the  General  Laws,  providing  for  a  forty-eight  hour  week  for 
permanent  members  of  fire  departments,  be  accepted?"  If 
a  majority  of  the  votes  cast  on  said  question  in  any  city  or 
town  are  in  the  afiirmative,  this  section  shall  take  effect  in 
such  city  or  town  ninety  days  thereafter. 
Effective  SECTION  2.    This  act  shall  not  take  effect  until  six  months 

after  the  termination  of  the  existing  states  of  war  between 
the  United  States  and  certain  foreign  countries. 

Approved  June  13,  1945. 

ChapA14i  An  Act  repealing  certain  provisions  of  law  which 

DEFER  the  granting  OF  A  ONE  DAY  OFF  IN  EVERY  SIX 
DAYS  FOR  MEMBERS  OF  THE  POLICE  FORCE  OF  THE  MET- 
ROPOLITAN   DISTRICT    COMMISSION. 

Be  it  enacted,  etc.,  as  follows: 

Section  two  of  chapter  six  hundred  and  fifty-eight  9f  the 
acts  of  nineteen  hundred  and  forty-one  is  hereby  repealed. 

Approved  June  13,  1945. 

ChapAld  An  Act  relative  to  licenses  for  the  erection  and  use 

OF  BUILDINGS  AND  OTHER  STRUCTURES  FOR  STORING;  MAN- 
UFACTURING AND  SELLING  CERTAIN  EXPLOSIVES  AND  IN- 
FLAMMABLE  MATERIALS. 

Be  it  enacted,  etc.,  as  follows: 

G.  L  (Ter.  SECTION  1.     The  first  paragraph  of  section  thirteen  of 

§  I'a,"  etc.;  chapter  one  hundred  and  forty-eight  of  the  General  Laws,  as 
amended.  most  recently  amended  by  section  one  of  chapter  three  hun- 
dred and  ninety-four  of  the  acts  of  nineteen  hundred  and 
thirty-six,  is  hereby  further  amended  by  striking  out,  in  the 
twentieth  line,  the  words  ",  and  any"  and  inserting  in  place 
thereof  the  following :  —  .  Such  license  shall,  from  the  time 
of  the  granting  thereof  by  the  licensing  authority,  be  deemed 
a  grant  attaching  to  the  land  described  therein  and  as  an 
incident  of  ownership  thereof  running  with  the  land  and 
shall  not  be  deemed  to  be  merely  a  personal  privilege.  Any, 
Licenses  for  —  go  as  to  read  as  follows :  —  No  building  or  other  structure 
of°^xpfostves.  shall,  except  as  provided  in  section  fourteen,  be  used  for  the 
keeping,  storage,  manufacture  or  sale  of  any  of  the  articles 
named  in  section  nine  except  fireworks,  firecrackers  and  tor- 
pedoes, unless  the  local  licensing  authority  shall  have  granted 
a  license  to  use  the  land  on  which  such  building  or  other 
structure  is  or  is  to  be  situated  for  the  aforementioned  uses, 
after  a  public  hearing,  notice  of  the  time  and  place  of  which 
hearing  shall  have  been  given,  at  the  expense  of  the  appli- 
cant, by  the  clerk  of  the  city  or  of  the  local  licensing  author- 


Acts,  1945.  —  Chap.  416.  423 

ity,  by  publication,  not  less  than  seven  days  prior  thereto, 
in  a  newspaper  published  in  the  English  language  in  the  city 
or  town  wherein  said  land  is  situated,  if  there  is  any  so  pub- 
lished therein,  otherwise  in  the  county  in  which  such  city 
or  town  lies,  and  also  by  the  applicant  by  registered  mail, 
not  less  than  seven  days  prior  to  such  hearing,  to  all  owners 
of  real  estate  abutting  on  said  land,  and  unless  the  applica- 
tion for  such  license  shall  have  endorsed  thereon  the  certifi- 
cate of  approval  or  disapproval  of  the  head  of  the  fire  de- 
partment. Such  license  shall,  from  the  time  of  the  granting 
thereof  by  the  licensing  authority,  be  deemed  a  grant  at- 
taching to  the  land  described  therein  and  as  an  incident  of 
ownership  thereof  running  with  the  land  and  shall  not  be 
deemed  to  be  merely  a  personal  privilege.  Any  license 
granted  hereunder,  or  any  license  for  the  keeping,  storage, 
manufacture  or  sale  of  any  of  the  articles  named  in  section 
nine,  except  fireworks,  firecrackers  and  torpedoes,  granted 
prior  to  July  first,  nineteen  hundred  and  thirty-six,  includ- 
ing any  license  reinstated  and  continued  by  the  marshal  as 
herein  provided,  shall  remain  in  force  unless  and  until  re- 
voked as  hereinafter  provided. 

Section  2.  The  amendment  to  the  first  paragraph  of 
section  thirteen  of  chapter  one  hundred  and  forty-eight  of 
the  General  Laws  made  by  section  one  of  this  act  shall  apply 
only  to  licenses  subject  to  said  section  thirteen  granted  sub- 
sequent to  the  effective  date  of  this  act. 

Approved  June  13,  1945. 


An  Act  temporarily  increasinCx  the  salaries  of  offi-  ChapAlQ 

CERS   AND    employees    IN   THE    SERVICE    OF   THE   COMMON- 
WEALTH. 

Whereas,  The  deferred  operation  of  this  act  would  tend  ^™ambiT^ 
to  defeat  its  purpose,  which  is  to  provide  without  delay  addi- 
tional income  for  officers  and  employees  of  the  common- 
wealth in  view  of  the  increase  in  the  cost  of  living  due  to 
the  existence  of  the  present  state  of  war,  therefore  it  is 
hereby  declared  to  be  an  emergency  law,  necessary  for  the 
immediate  preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  salary  of  each  person  in  the  service  of 
the  commonwealth  and  paid  from  the  treasury  thereof  but 
not  including  any  member  of  the  general  court,  is  hereby  in- 
creased by  an  amount  equal  to  twenty  per  cent  thereof; 
provided,  that  such  increase  shall  not  for  full-time  service 
be  less  than  three  hundred  dollars  per  annum  nor  more 
than  four  hundred  and  twenty  dollars  per  annum;  and  pro- 
vided, further,  that  said  minimum  or  said  maximum,  in  the 
case  of  any  such  person  serving  on  a  part-time  basis,  shall 
be  adjusted  by  the  division  of  personnel  and  standardization 
to  an  amount  which  bears  the  same  ratio  to  said  minimum 
or  maximum  as  his  service  bears  to  full-time  service  and,  in 


424  Acts,  1945.  —  Chap.  417. 

the  case  of  any  such  person  paid  in  part  by  the  common- 
wealth, shall  be  adjusted  to  an  amount  which  bears  the  same 
ratio  to  said  minimum  or  maximum  as  the  amount  of  salary 
paid  by  the  commonwealth  bears  to  his  total  salary.  Said 
increase  of  salary  shall  be  effective  only  for  the  period  be- 
ginning July  first,  nineteen  hundred  and  forty-five,  and  end- 
ing June  thirtieth,  nineteen  hundred  and  forty-six.  The 
temporary  salary  increase  granted  hereunder  in  the  case  of 
any  person  whose  basic  salary  is  changed  during  said  period 
by  promotion,  step  rate  increase,  transfer  or  otherwise  shall 
be  based  on  his  basic  salary  as  so  changed. 

Section  2.  Every  officer  and  employee  entering  the  serv- 
ice of  the  commonwealth  during  said  period  shall  be  entitled 
to  receive  the  compensation  of  his  office  or  position  as  in- 
creased by  this  act. 

Section  3.  The  word  "salary",  as  used  in  this  act,  shall 
include  maintenance  allowances  the  value  of  which  is  fixed  in 
the  manner  provided  by  the  rules  and  regulations  estab- 
lished under  sections  forty-five  to  fifty,  inclusive,  of  chapter 
thirty  of  the  General  Laws.  The  word  "salary",  as  so  used, 
shall  also  include  compensation  payable  through  the  state 
treasury  from  moneys  paid  into  the  state  treasury  by  the 
federal  government.  The  word  "employee",  as  so  used,  in 
addition  to  its  usual  meaning  shall  also  include  any  blind 
person  receiving  wages  from  the  division  of  the  blind. 

Section  4.  The  division  of  personnel  and  standardiza- 
tion of  the  commission  on  administration  and  finance  is 
hereby  directed  to  revise  the  schedules  of  standard  rates  of 
salaries  incorporated  in  the  rules  and  regulations  governing 
the  classification  of  personal  services  as  prepared  by  said 
division  and  approved  by  the  governor  and  council,  to  con- 
form to  section  one  of  this  act. 

Section  5.  Said  division  and  the  comptroller  are  hereby 
directed  to  administer  this  act.  Nothing  in  this  act  shall  be 
construed  to  limit  the  respective  powers  of  said  division  or 
said  comptroller  as  now  defined  by  law. 

Section  6.  No  increase  in  salary  made  by  this  act  shall, 
for  any  purpose  of  chapter  thirty-two  of  the  General  Laws, 
be  deemed  or  construed  to  be  a  portion  of  the  regular  com- 
pensation of  any  officer  or  employee  now  or  hereafter  in  the 
service  of  the  commonwealth.        Approved  June  14y  1945. 


Chci'pAll  An  Act  to  authorize  the  placing  of  the  office  of 
radio  technician  in  the  police  department  of  the 
city  of  salem  under  the  civil  service  laws. 

Be  it  enacted,  etc.,  as  follows: 

Section  L  The  office  of  radio  technician  in  the  police 
department  of  the  city  of  Salem  shall,  upon  the  effective 
date  of  this  act,  become  subject  to  the  civil  service  laws, 
rules  and  regulations,  and  the  tenure  of  office  of  any  incum- 
bent thereof  shall  be  unlimited,  subject,  however,  to  said 


Acts,  1945.  —  Chaps.  418,  419.  425 

laws,  but  the  person  holding  said  office  on  said  effective  date 
shall  continue  to  sei'\'e  therein  only  until  January  first,  nine- 
teen hundred  and  forty-six  unless  prior  thereto  he  passes  a 
non-competitive  qualifying  examination  to  which  he  shall 
be  subjected  by  the  division  of  civil  service.  - 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  June  14,  19Jf5. 


ChapAlS 


An  Act  making  certain  that  the  probate  court  may 
authorize  a  guardian  or  conservator  of  a  ward, 
■with  his  spouse,  to  sell,  mortgage  or  lease  real 

estate   held   under   a   tenancy   by   the   ENTIRETY. 

Whereas,  Any  possible  uncertainty  which  may  exist  rela-  Emergency 
tive  to  the  power  of  a  probate  court  to  authorize  the  sale,  pi'ea'nWe. 
mortgage  or  lease  of  real  estate  whereof  a  ward  is  a  tenant 
by  the  entirety  should  be  removed  without  delay,  therefore 
this  act  is  hereby  declared  to  be  an  emergency  law,  necessary 
for  the  immediate  preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  asfolloivs: 

Section  1.    Chapter  two  hundred  and  two  of  the  General  g.  l.  (Tct. 
Laws  is  hereby  amended  by  adding  at  the  end,  under  the  new  §  36,' 

heading,   sales,  mortgages  and  leases  by  guardians  and  added. 

conservators  of  wards  holding  real  estate  under  ten- 
ancies BY  the  entirety,  the  following  section :  —  Section  probate  court 
S6.    On  petition  under  any  provision  of  this  chapter  by  a  guardkn  o^ 
guardian  or  conservator  of  a  ward  who  is  a  tenant  by  the  conservator 
entirety  of  real  estate  for  a  license  to  sell,  mortgage  or  lease  j^oinhTcertain 
such  real  estate,  the  probate  court  may,  if  the  other  tenant  '*^*^- 
by  the  entirety  assents  in  writing,  authorize  such  guardian 
or  conservator  to  join  with  such  other  tenant  by  the  entirety 
in  the  conveyance,  mortgage  or  lease  of  such  real  estate  upon 
such  terms  as  it  may  approve. 

Section  2.    Any  license  heretofore  granted  by  a  probate  certain  li- 
court  to  a  guardian  or  conservator  of  a  ward  who  is  a  tenant  ^^°!1®„^°^„ 
by  the  entirety  of  real  estate  to  sell,  mortgage  or  lease  such  validated. 
real  estate,  and  any  conveyance,  mortgage  or  lease  under 
authority  thereof  in  which  the  other  tenant  by  the  entirety 
joins  or  has  joined,  are  hereby  made  valid,  in  so  far  as  such 
license  or  conveyance,  mortgage  or  lease  may  be  invalid  by 
reason  of  any  lack  of  power  in  such  court  to  grant  such  a 
license.  Approved  June  14,  1945. 

An  Act  relative  to  the  use  of  lake  Whitehall  in  the  C/wip.419 
town  of  hopkinton  for  boating  and  fishing. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Any  inhabitant  of  the  towns  of  Hopkinton, 
Upton,  Westborough,  Ashland  or  Southborough,  or  any 
guest  of  any  such  inhabitant,  may,  with  the  consent  of  the 
metropolitan  district  commission,  enter  any  boat,  or  go  in 
any  boat,  in  or  upon  the  waters  of  Lake  Whitehall  in  the 


426 


Acts,  1945.  —  Chaps.  420,  421. 


town  of  Hopkinton,  or  fish  or  hunt  from  such  boat  or  from 
the  shore  of  said  waters,  during  such  time  as  said  waters  are 
not  used  for  pubUc  water  supply  purposes. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  June  14,  1945. 

(UiapA20  An  Act  relative  to  the  retirement  of  edwin  e.  truax 

OF   FOXBOROUGH. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Edwin  E.  Truax,  an  employee  on  leave  of 
absence  from  the  town  of  Foxborough,  and  who  is  a  member 
of  the  retirement  system  of  the  county  of  Norfolk,  may  ap- 
ply for  retirement,  and  be  retired,  on  account  of  an  accident 
incurred  in  the  performance  of  his  duty  and  which  resulted 
in  total  blindness,  notwithstanding  the  fact  that  he  was  un- 
able to  file  a  notice  of  said  accident  within  the  period  required 
by  law. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  June  14,  1945. 


Chap 


.421  An  Act  changing  the  method  of  fixing  the  compensa- 
tion OF  THE  SERGEANT-AT-ARMS,  THE  DOORKEEPER  AND 
ASSISTANT  DOORKEEPERS  OF  EACH  BRANCH  OF  THE  GEN- 
ERAL COURT,  AND  OTHER  ASSISTANTS  AND  EMPLOYEES  OF 
THE  SERGEANT-AT-ARMS,  AND  MAKING  CERTAIN  CHANGES 
IN  THE  LAW  RELATIVE  TO  THE  OFFICE  OF  SERGEANT-AT- 
ARMS. 

Emergency  Whcreas,    The  deferred  operation  of  this  act  would  tend 

preamble.  .'  ,.,.      ,  t     ^  ^•   ^ 

to  defeat  its  purpose,  which  is  to  estabush,  at  once,  a  more 
equitable  method  of  fixing  the  salaries  of  the  sergeant-at- 
arms,  the  doorkeepers  of  both  branches  of  the  general  court 
and  certain  assistants  of  said  sergeant-at-arms,  and  it  is 
desirable  to  effect  such  change  as  early  as  possible  during 
the  present  session  of  the  general  court,  therefore  this  act  is 
hereby  declared  to  be  an  emergency  law  necessary  for  the 
immediate  preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  three  of  the  General  Laws  is  hereby 
amended  by  striking  out  section  fifteen,  as  appearing  in  the 
Tercentenary  Edition,  and  inserting  in  place  thereof  the  fol- 
lowing section:  —  Section  15.  The  general  court  shall  choose 
a  sergeant-at-arms  who  shall  hold  office  until  removed  or 
until  another  is  chosen.  He  may  be  removed  by  the  general 
court  or,  during  its  recess,  may  be  suspended  by  the  gover- 
nor and  council.  If  a  vacancy  or  suspension  occurs  during 
such  recess,  the  governor  and  council  may  appoint  a  person 
to  perform  the  duties  of  the  office  until  a  new  election.  He 
shall  receive  such  salary  as  may  be  established  by  the  com- 
mittees on  rules  of  the  two  branches  of  the  general  court 
acting  concurrently. 


G.  L.  (Ter. 
Ed.),  3,  §  1.5, 
amended. 


Sergeant-at- 
arms,  ap- 
pointment, 
salary,  etc. 


Acts,  1945.  —  Chap.  421.  427 

Section  2.    Said  chapter  three  is  hereby  further  amended  EdV  3^^"^ 
by  striking  out  section  eighteen,  as  most  recently  amended  §  is,' etc., 
by  chapter  one  hundred  and  four  of  the  acts  of  nineteen  ^'"*'" 
hundred  and  forty-three,  and  inserting  in  place  thereof  the 
following  section:  —  Section  18.    There  shall  be  a  doorkeeper  Certain  em- 
for  each  branch,  each  with  the  title  of  assistant  sergeant-at-  ^i?geant-it- 
arms,  and  such  assistant  doorkeepers  as  it  may  direct,  a  arms. 
porter  in  the  lobby  of  the  house  of  representatives,  general 
court  officers,  pages,  a  clerk  to  take  charge  of  the  legislative 
document  room,  an  assistant  clerk  of  said  room,  and  such 
assistants  therein  as  may  be  necessary,  for  whose  fitness  and 
good  conduct  the  sergeant-at-arms  shall  be  responsible.    Such  salaries. 
employees  shall  receive  such  compensation  as  may  be  estab- 
lished by  the  committees  on  rules  of  the  two  branches  of  the 
general  court  acting  concurrently. 

Section  3.    Said  chapter  three  is  hereby  further  amended  ^^^-  ^f^i, 
by  striking  out  section  twenty-one,  as  appearing  in  the  Ter-  ameAded. 
centenary  Edition,  and  inserting  in  place  thereof  the  fol- 
lowing section: — Section  21.     The  sergeant-at-arms  shall,  ^tc^°of*^™®°*' 
immediately  after  his  election,  with  the  approval  of  the  pre-  employees 
siding  officers  of  the  two  branches  of  the  general  court,  ap-  at-lrmr^*" 
point  such  employees  as  are  necessary  to  fill  any  existing 
vacancies  in  the  employees  provided  for  by  section  eighteen; 
and  no  employee  provided  for  by  said  section,  excepting 
pages,  shall  be  removed  except  with  the  consent  of  the  pre- 
siding officer  of  the  branch  to  which  he  is  assigned  or  of  both 
branches  if  he  is  assigned  to  both.     The  sergeant-at-arms 
may  appoint  and  remove  such  additional  clerical  and  other 
assistants  as  the  duties  of  his  office  may  require,  and,  sub- 
ject to  the  approval  of  the  committees  on  iTiles  of  the  two 
branches  acting  concurrently,  may  fix  their  compensation. 

Section  4,    Section  twenty  of  said  chapter  three,  as  most  EdV.  sT^*^ 
recently  amended  by  section  three  of  chapter  thirty-eight  §  ^o.'et'c.. 
of  the  acts  of  the  current  year,  is  hereby  further  amended  *'"*'" 
by  striking  out,  in  the  sixth  line,  the  words  ''four  dollars  and 
twenty  cents"  and  inserting  in  place  thereof  the  words:  — 
such  sum  as  may  be  established  by  the  committees  on  rules 
of  the  two  branches  of  the  general  court  acting  concurrently, 
—  so  as  to  read  as  follows :  —  Section  20.    The  sergeant-at-  compensation 
arms,  doorkeepers,  assistant  doorkeepers,  general  court  offi-  se?geTnt%t° 
cers  and  pages,  the  clerks  in  the  sergeant-at-arms'  office,  and  ke?p;rg°etc. 
the  clerk,  assistant  clerk  and  other  assistants  in  the  legisla- 
tive document  room  shall  each  receive  for  each  annual  ses- 
sion such  sum  as  may  be  established  by  the  committees  on 
rules  of  the  two  branches  of  the  general  court  acting  con- 
currently, for  every  mile  of  ordinary  traveling  distance  from 
their  places  of  abode  to  the  state  house.    Payments  to  per- 
sons authorized  to  receive  compensation  under  this  section 
shall  be  made  from  the  treasury  of  the  commonwealth,  in 
the  month  of  January  of  each  year,  upon  the  certificate  of 
the  sergeant-at-arms  approved  by  the  president  of  the  senate 
and  the  speaker  of  the  house  of  representatives. 


428  Acts,  1945.  —  Chap.  422. 

Section  5.  This  act  shall  become  operati 
cient  appropriations  have  been  made,  and  th( 
ary  first  of  the  current  year.  Approved  June  14,  1945. 


Eff^l^tive  Section  5.    This  act  shall  become  operative  when  sufii- 

cient  appropriations  have  been  made,  and  then  as  of  Janu- 


ChapA22  An  Act  providing  for  the  establishment  of  a  right 

OF   WAY    FOR    PUBLIC    ACCESS    TO    RICHMOND    POND    IN   THE 
TOWN    OF   RICHMOND. 

Be  it  enacted,  etc.,  asfolloios: 

Section  1.  The  county  commissioners  of  Berkshire 
county  are  hereby  authorized  and  directed  to  lay  out  a 
right  of  way  in  the  town  of  Richmond  to  Richmond  pond 
for  public  access  to  said  pond,  iji  accordance  with  plans  to 
be  approved  by  the  department  of  pubUc  works  and  show- 
ing the  location  and  dimensions  of  such  right  of  way,  but 
such  right  of  way  shall  not  cross  the  location  of  any  rail- 
road. If  it  is  necessary  to  acquire  land  for  the  purpose  of 
laying  out  such  right  of  way  said  county  commissioners 
shall  at  the  time  such  right  of  way  is  laid  out  take  such  land 
by  eminent  domain  under  chapter  seventy-nine  of  the  Gen- 
eral Laws.  Any  person  sustaining  damages  in  his  property 
by  the  laying  out  of  such  right  of  way,  or  by  specific  repairs 
or  improvements  thereon,  shall  be  entitled  to  recover  the 
same  under  said  chapter  seventy-nine;  provided,  that  the 
right  to  recover  damages,  if  any,  by  reason  of  the  lading 
out  of  such  right  of  way,  shall  vest  upon  the  recording  of 
the  order  of  taking  by  said  county  commissioners  and  that 
no  entry  or  possession  for  the  purpose  of  constructing  a 
public  way  on  land  so  taken  shall  be  required  for  the  pur- 
pose of  validating  such  taking  or  for  the  payment  of  dam- 
ages by  reason  thereof. 

Section  2.  The  selectmen  of  the  town  of  Richmond  from 
time  to  time  may  make  specific  repairs  on  or  improve  such 
way  to  such  extent  as  they  may  deem  necessary,  but  neither 
the  county  of  Berkshire,  nor  any  city  or  town  therein,  shall 
be  required  to  keep  such  right  of  way  in  repair,  nor  shall 
they  be  liable  for  injury  sustained  by  persons  travelling 
thereon;  provided,  that  sufficient  notice  to  warn  the  public 
is  posted  where  such  way  enters  upon  or  unites  with  an  ex- 
isting public  way. 

Section  3.  All  expenses  incurred  by  said  county  com- 
missioners in  connection  with  such  right  of  way  shall  be 
borne  by  the  county  of  Berkshire,  or  by  such  cities  and  towns 
therein,  and  in  such  proportions,  as  said  county  commis- 
sioners may  determine. 

Section  4.  Said  right  of  way  shall  not  be  discontinued 
or  abandoned  without  authorit}^  therefor  from  the  general 
court. 

Section  5.  Nothing  in  this  act  shall  be  construed  to 
limit  the  powers  of  the  department  of  public  health,  or  of 
any  local  board  of  health,  under  any  general  or  special  law. 

Section  6.    This  act  shall  take  effect  upon  its  passage. 

Approved  June  14,  1945. 


Acts,  1945.  -  Chaps.  423,  424,  425.  429 

An  Act  relative  to  the  transportation  of  garbage,  (Jhav  423 

OFFAL  OR  OTHER  OFFENSIVE  SUBSTANCES  OUTSIDE  OF  THE 
MUNICIPALITY   "WHERE    COLLECTED. 

Be  it  enacted,  etc.,  as  follows: 

Section  thirty-one  A  of  chapter  one  hundred  and  eleven  g.  l.  (Ter. 
of  the  General  Laws,  as  most  recently  amended  by  chapter  f  3ia,^Uc.. 
two  hundred  and  eighty-two  of  the  acts  of  nineteen  hundred  amended.  ' 
and  thirty-seven,  is  hereby  further  amended  by  adding  at  the 
end  the  following  paragraph :  — 

Notwithstanding  the  foregoing  provisions,  any  person  may,  Removal  of 
without  such  a  permit,  transport  garbage,  offal  or  other  offen-  fegufa^ted*^^*"" 
sive  substances  through  the  streets  of  a  city  or  town  in  which 
said  substances  were  not  collected;  provided,  that  he  regis- 
ters with  the  board  of  health  of  such  city  or  town ;  and,  pro- 
vided further,  that  he  transports  said  substances  in  accord- 
ance with  such  reasonable  rules  and  regulations  as  may  be 
established  by  such  board  of  health. 

Approved  June  14,  1946. 

An  Act  relative  to  the  admissibility  in  evidence  of  C/iai?. 424 

WRITTEN     statements     OBTAINED     FROM     PERSONS     WHO 
HAVE   SUSTAINED    PERSONAL    INJURIES   IN   ACCIDENTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Chapter  two  hundred  and  thirty-three  of  the  g.  l.  (Ter. 
General  Laws  is  hereby  amended  by  inserting  after  section  ne^w'§^23A. 
twenty-three,  as  appearing  in  the  Tercentenary  Edition,  the  iiJ^erted. 
following  section :  —  Section  23 A .    In  any  action  to  recover  Admission  of 
damages  for  personal  injuries  or  consequential  damages,  so  mlnUn^per- 
called,  resulting  therefrom,  no  statement  in  writing  signed  etc^'ac'ti^s''' 
by  any  party  to  the  action,  concerning  the  facts  out  of  which 
the  cause  of  action  arose,  given  by  such  party,  or  a  person 
in  his  behalf,  to  any  other  party  to  the  action,  or  to  his 
agent  or  attorney,  or  to  the  insurer  of  such  other  party,  or 
to  the  agent  or  attorney  of  such  insurer,  shall  be  admissible 
in  e\ddence  in,  or  referred  to  at,  the  trial  of  such  action  or  in 
any  proceeding  connected  therewith  unless  a  copy  of  such 
statement  is  furnished  to  the  party  making  the  same  or  to 
his  attorney  within  ten  days  after  written  request  therefor 
made  by  such  party  or  attorney  to  the  adverse  party  or  his 
attorney. 

Section  2.    This  act  shall  take  effect  on  October  first  in  Effective  date. 
the  current  year.  Approved  June  14,  1946. 

An  Act  authorizing  the  placing  of  the  office  of  chief  Chap. 425 
OF  the  fire  department  of  the  town  of  north  an- 
dover  under  the  civil  service  laws. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  office  of  chief  of  the  fire  department  of 
the  town  of  North  Andover  shall,  upon  the  effective  date 
of  this  act,  become  subject  to  the  civil  service  laws  and  rules 


430 


Acts,  1945.  —  Chap.  426. 


and  regulations  relating  to  permanent  members  of  fire  de- 
partments in  towns,  and  the  tenure  of  office  of  any  incum- 
bent thereof  shall  be  unlimited,  subject,  however,  to  said 
laws,  but  the  person  holding  said  office  on  said  effective 
date  shall  continue  to  serve  therein  only  until  the  expiration 
of  his  term  of  office  unless  prior  thereto  he  passes  a  non- 
competitive quahfjdng  examination  to  which  he  shall  be 
subjected  by  the  division  of  civil  service. 

Section  2.  This  act  shall  be  submitted  for  acceptance 
to  the  voters  of  said  town  at  the  annual  town  meeting  in  the 
year  nineteen  hundred  and  forty-six  in  the  form  of  the  fol- 
lowing question,  which  shall  be  placed  upon  the  official  bal- 
lot to  be  used  for  the  election  of  town  officers  at  said  meet- 
ing: "Shall  an  act  passed  by  the  General  Court  in  the  year 
nineteen  hundred  and  forty-five,  entitled  'An  Act  authoriz- 
ing the  Placing  of  the  Office  of  Chief  of  the  Fire  Depart- 
ment of  the  Town  of  North  Andover  under  the  Civil  Service 
Laws',  be  accepted?"  If  a  majority  of  the  votes  in  answer 
to  said  question  is  in  the  affirmative,  then  this  act  shall  there- 
upon take  full  effect,  but  not  otherwise. 

Approved  June  14,  1945 


ChapA26  An    Act    establishing    a    roRTY-EiGHT-HouR    week    in 

COUNTY    INSTITUTIONS. 


G.  L.  (Ter. 

Ed.),  149, 

§  40,  aniended. 


Hours  of  labor 
in  county 
institutions. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  one  hundred  and  forty-nine  of  the 
General  Laws  is  hereby  amended  by  striking  out  section 
forty,  as  appearing  in  the  Tercentenary  Edition,  and  insert- 
ing in  place  thereof  the  following  section :  —  Section  40. 
The  hours  of  labor  of  laborers,  workmen  and  mechanics,  of 
ward  attendants,  ward  nurses,  industrial  and  occupational 
therapists  and  watchmen,  and  of  employees  in  kitchen,  din- 
ing-room and  domestic  services,  in  county  institutions,  and 
of  officers  and  instructors  of  county  penal  and  reformatory 
institutions,  shall  not  exceed  forty-eight  in  each  week.  Any 
person  whose  hours  of  labor  are  regulated  by  this  section 
and  whose  presence  is  required  at  any  such  institution  seven 
days  a  week  shall  be  given  at  least  four  days  off  in  each 
month,  without  loss  of  pay,  in  addition  to  the  regular  annual 
vacation.  The  words  "hours  of  labor"  as  used  in  this  sec- 
tion shall  not  be  deemed  to  include  any  period  of  time  dur- 
ing which  a  person  is  in  his  living  quarters  wherever  located 
although  his  presence  there  is  required  for  the  purpose  of 
exercising  a  measure  of  supervision  over  patients  or  inmates 
through  availability  for  duty  during  such  time.  This  sec- 
tion shall  not  prevent  the  superintendent,  warden  or  execu- 
tive officer  from  requiring  the  services  of  any  person  in  any 
emergency  where  the  health  or  safety  of  patients  or  inmates 
would  otherwise  be  endangered,  or  in  any  extraordinary 
emergency,  or  in  apprehending  an  escaped  inmate,  nor  shall 
it  apply  to  the  hours  of  labor  of  any  person  whose  position 


Acts,  1945.  — Chaps.  427,  428.  431 

entitles  him  to  family  maintenance  as  a  part  of  his  com- 
pensation. 

Section  2.    This  act  shall  take  effect  at  the  expiration  of  ff^^"*'^* 
ninety  days  after  the  termination  of  the  existing  states  of 
war  between  the  United  States  and  any  foreign  country  has 
been  officially  proclaimed.  Approved  June  14,  1945. 

An  Act  authoeizing  the  boston  and  matne  railroad  to  Char)A27 

ACQUIRE  AND  HOLD  ALL  OF  THE  CAPITAL  STOCK  OF  NORTH 
STATION    INDUSTRIAL   BUILDING,    INC. 

Be  it  enacted,  etc.,  as  follows: 

The  Boston  and  MainQ  Railroad  is  hereby  authorized  to 
acquire  and  hold  all  of  the  capital  stock  of  North  Station 
Industrial  Building,  Inc.,  a  corporation  organized  under  the 
laws  of  the  commonwealth  for  the  purpose  of  owning  or 
leasing  the  premises  at  the  comer  of  Beverly  and  Causeway 
streets  in  the  city  of  Boston,  being  numbered  one  hundred 
and  fifty  on  Causeway  street.        Approved  June  14,  1945. 

An  Act  providing  for  emergency  jurors  and  for  the  ChavA2S 

WAIVER    of   a    full   JURY. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  Chapter  two  hundred  and  thirty-four  of  the  g.  l.  (Ter. 
General  Laws  is  hereby  amended  by  striking  out  sections  f^2h^^nd26. 
twenty-five  and  twenty-six,  as  appearing  in  the  Tercentenary  amended,  and 
Edition,  and  inserting  in  place  thereof  the  four  following  Mb,  added, 
sections:  —  Section  25.  On  the  day  when  jurors  are  sum-  impaneiung. 
moned  to  attend  at  court  for  the  trial  of  civil  or  criminal 
cases,  except  capital  cases,  the  clerk  of  the  court  shall  cause 
the  name,  place  of  abode  and  occupation  of  each  person  so 
summoned  to  be  written  on  separate  ballots,  substantially 
of  uniform  size,  and  shall  cause  them  to  be  placed  in  a  box 
provided  therefor.  When  a  case  is  ready  for  trial  the  clerk 
in  open  court,  after  shaking  the  ballots  thoroughly,  shall 
draw  them  out  in  succession  until  the  names  of  twelve  or 
such  greater  number  as  the  court  may  order  under  section 
twenty-six  B  are  drawn  who  appear  and  are  not  excused  or 
set  aside.  The  men  so  drawn  shall  be  d\i\y  sworn  and  im- 
panelled and,  subject  to  said  section  twenty-six  B,  shall  be 
the  jury  to  try  the  issue,  and  one  of  them  shall  be  appointed 
foreman  by  the  court.  The  ballots  containing  names  of  the 
jurors  so  sworn  shall  be  kept  apart  by  the  clerk  until  the 
verdict  of  such  jury  has  been  recorded  or  such  jury  has  been 
discharged,  when  such  ballots  shall  be  returned  to  the  box. 
If  a  case  is  ready  for  trial  before  the  verdict  in  the  preceding 
case  has  been  recorded  or  the  jury  discharged,  the  court  may 
order  a  jury  for  the  trial  of  such  issue  to  be  impanelled  by  the 
drawing  in  the  manner  aforesaid  of  ballots  from  those  re- 
maining in  the  box. 

Section  26.     If  a  jury  is  to  be  impanelled  for  the  trial  capHarcases. 
of  a  capital  case,  the  clerk  of  the  court  shall  cause  the  name 


432 


Acts,  1945. —  Chap.  428. 


Waiver  of 
jury  of  twelve 
in  certain  crim- 
inal cases. 


Impanelling 
of  additional 
jurors  in 
certain  cases. 


G.  L.  (Ter. 
Ed.).  234,  J  29, 
amended. 


Peremptory 
challenges. 


of  each  juror  summoned  therein  to  be  written  on  a  separate 
ballot  and  each  ballot  to  be  folded  uniformly  in  such  manner 
that  the  name  written  thereon  shall  not  be  visible,  and  shall 
cause  such  ballots  to  be  placed  in  a  box  provided  therefor. 
He  shall  then  in  open  court  draw  the  ballots  in  succession 
from  said  box,  and  the  twelve  persons,  or  such  greater  num- 
ber as  the  court  may  order  under  section  twenty-six  B, 
whose  names  are  upon  the  ballots  first  drawn  and  who  are 
not  excused  or  otherwise  set  aside,  shall  be  sworn  as  the 
jury  for  the  trial  of  the  case. 

Section  26 A.  Any  defendant  in  the  superior  court  in  a 
criminal  case,  including  a  capital  case,  after  a  jury  has  been 
impanelled  may,  in  case  one  or  more  jurymen  shall  die  or 
become  otherwise  unable  to  serve,  so  that  there  are  less  than 
twelve  jurors  remaining,  waive  his  right  to  be  tried  by  a  full 
jury  of  twelve  and  request  trial  by  the  remaining  members 
of  the  jury  thus  impanelled  by  signing  a  written  waiver  and 
request  and  filing  the  same  with  the  clerk  of  the  court,  where- 
upon the  trial  shaU  continue  accordingly,  and  in  every  such 
case  the  court  shall  have  jurisdiction  of  such  case  with  the 
remaining  members  of  the  jury  and  may  render  judgment 
thereon.  If  there  is  more  than  one  defendant  and  all  do  not 
sign  and  file  a  waiver  and  request  as  aforesaid,  the  court 
may,  in  its  discretion,  order  a  severance  and  try  the  case  of 
the  defendant  or  defendants  signing  and  filing  such  waiver 
and  request,  with  the  remaining  members  of  the  jury. 

Section  26B.  In  a  civil  case,  or  in  a  criminal  case,  in- 
cluding a  capital  case,  to  be  tried  with  a  jury  in  the  superior 
court  which  in  the  opinion  of  the  court  is  likely  to  be  pro- 
tracted, the  court  may  so  certify  and  may  order  impanelled 
a  jury  of  not  exceeding  fourteen  members  and  the  court  shall 
have  jurisdiction  to  try  the  case  with  such  jury  subject  to  the 
following  provisions  of  this  section.  If  at  the  time  of  the 
final  submission  of  the  case  by  the  court  to  the  jury  more  than 
twelve  members  of  the  jury  who  have  heard  the  whole  case 
are  alive  and  not  incapacitated  or  disqualified,  the  court 
shall  direct  the  clerk  to  place  the  names  of  all  of  the  remain- 
ing jurors,  except  the  foreman,  in  a  box  and  draw  the  names 
of  a  sufficient  number  to  reduce  the  jury  to  twelve  members, 
and  the  court  shall  thereupon  discharge  the  jurors  whose 
names  are  so  drawn,  and  the  court  shall  have  jurisdiction  to 
receive  the  verdict  of  the  twelve  remaining  members  of  the 
jury  whose  names  have  not  been  so  drawn  and  shall  have 
jurisdiction  to  render  judgment  in  said  case. 

Section  2.  Said  chapter  two  hundred  and  thirty-four 
is  hereby  further  amended  by  striking  out  section  twenty- 
nine,  as  so  appearing,  and  inserting  in  place  thereof  the 
following  section :  —  Section  29.  Upon  the  trial  of  an  indict- 
ment for  a  crime  punishable  by  death  or  imprisonment  for 
life,  each  defendant  shall  be  entitled  to  twelve  peremptory 
challenges  of  the  jurors  called  to  try  the  case,  and  in  other 
criminal  cases  each  defendant  shall  be  entitled  to  two  such 
challenges;   provided,  that  each  defendant  in  a  capital  case 


Acts,  1945.  —  Chaps.  429,  430.  433 

in  which  additional  jurors  are  chosen  under  section  twenty- 
six  B  shall  be  entitled  to  one  additional  peremptory  chal- 
lenge for  each  additional  juror.  In  every  criminal  case  the 
commonwealth  shall  be  entitled  to  as  many  such  challenges 
as  equal  the  whole  number  to  which  all  the  defendants  in  the 
case  are  entitled.  In  a  civil  case  each  party  shall  be  entitled 
to  two  such  challenges.  Peremptory  challenges  shall  be 
made  before  the  commencement  of  the  trial  and  may  be  made 
after  the  determination  that  a  person  called  to  serve  as  a 
juror  stands  indifferent  in  the  case. 

Section  3.     This  act  shall  take  effect  on  October  first  Effective  date. 
of  the  current  year.  Approved  June  14,  1945. 

An  Act  to  permit  certain  employees  of  the  city  of  (JJiqj)  429 
worcester  to  withdraw  from  the  retirement  sys- 

TEM   of  said   city  and   THEREUPON    BE   ENTITLED   TO   THE 
RETIREMENT   BENEFITS   OF   CERTAIN    GENERAL   LAWS. 

Be  it  enacted,  etc.,  as  follows: 

Any  foreman,  inspector,  mechanic  or  storekeeper  em- 
ployed by  the  city  of  Worcester  who  is  a  member  of  the 
retirement  system  of  said  city,  established  by  chapter  four 
hundred  and  ten  of  the  acts  of  nineteen  hundred  and  twenty- 
three,  known  as  the  Worcester  retirement  act,  and  who  en- 
tered said  system  within  one  year  following  the  effective 
date  of  said  act,  may  withdraw  from  said  system  and  shall 
thereupon  be  paid  the  amount  of  his  accumulated  deduc- 
•tions  and  shall  be  entitled  or  restored,  as  the  case  may  be, 
to  all  rights  and  privileges  under  section  seventy-seven  of 
chapter  thirty-two  of  the  General  Laws. 

Approved  June  14,  1945. 

An  Act  relative  to  the  powers  of  the  department  of  ChavAZQ 

LABOR    and    INDUSTRIES    WITH    RESPECT    TO    CERTAIN    EM- 
PLOYMENT  RECORDS. 

Be  it  enacted,  etc.,  as  follows: 

Section  seventeen  of  chapter  one  hundred  and  forty-nine  g.  l.  (Ter. 
of  the  General  Laws,  as  appearing  in  the  Tercentenary  Edi-  fi^endel?.'  ^  ^^' 
tion,  is  hereby  amended  by  adding  at  the  end  the  following: 

—  ,  and  shall  have  access  to  all  records  pertaining  to  wages, 
hours,  and  other  conditions  of  employment  which  are  found 
essential  to  such  investigations,  —  so  as  to  read  as  follows: 

—  Section  17.    For  the  enforcement  of  the  provisions  of  this  Entries  into 
chapter,  the  commissioner,  the  assistant  cominissioner  and  buildings  for 

!•  ..  IT  I'll---  !•  purpose  of 

the  associate  commissionqfs,  the  director  of  the  division  of  inspection. 
industrial  safety  and  inspectors  may  enter  all  buildings  and 
parts  thereof  used  for  industrial  purposes  and  examine  the 
methods  of  protection  from  accident,  the  means  of  escape 
from  fire,  the  sanitary  provisions,  the  lighting  and  means  of 
ventilation,  and  make  investigations  as  to  the  employment 
of  women  and  minors  and  as  to  compliance  with  all  provi- 


434  Acts,  1945.  —  Chap.  431. 

sions  of  this  chapter,  and  shall  have  access  to  all  records  per- 
taining to  wages,  hours,  and  other  conditions  of  employment 
which  are  found  essential  to  such  investigations. 

Approved  June  15,  1945. 


ChavASl  An  Act  providing  for  the  construction  of  additional 

SEWERAGE  WORKS  FOR  THE  SOUTH  ESSEX  SEWERAGE  DIS- 
TRICT FOR  THE  PURPOSE  OF  PREVENTING  THE  POLLUTION 
OF  THE  NORTH  RIVER  AND  BEVERLY  AND  SALEM  HARBORS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  South  Essex  sewerage  board,  hereinafter 
called  the  board,  is  hereby  granted  full  and  complete  power 
and  authority  to  construct  anywhere  within  the  cities  of 
Salem  and  Peabody,  a  grit  and  grease  chamber  at  or  near 
the  Salem-Peabody  line,  the  necessary  pumping  stations, 
and  such  additional  sewerage  works  and  treatment  plants 
as  may  be  necessary  to  abate  and  prevent  the  pollution  of 
the  North  river  and  its  tributaries  and  to  prevent  the  pol- 
lution of  the  waters  of  Beverly  and  Salem  harbors;  pro- 
vided, that  no  work  herein  authorized  shall  be  done  and  no 
expense  shall  be  incurred  therefor  except  under  the  direc- 
tion of  the  state  department  of  public  health  and  upon  the 
granting  by  said  department  of  its  approval  after  notice  to 
said  cities  and  a  hearing.  The  powers  and  duties  hereby 
conferred  and  imposed  upon  the  board  shall  be  in  addition 
to  those  conferred  and  imposed  upon  it  by  chapter  three 
hundred  and  thirty-nine  of  the  acts  of  nineteen  hundred  and. 
twenty-five  and  amendments  thereof. 

Section  2.  The  board  shall,  under  like  direction  and  sub- 
ject to  like  approval,  design  or  cause  to  be  designed,  and  con- 
struct or  cause  to  be  constructed,  the  sewerage  works  herein 
authorized  and  make  such  contracts  and  enter  into  such  other 
arrangements  as  it  may  deem  necessary  therefor.  Every  con- 
tract calling  for  an  expenditure  of  more  than  five  hundred 
dollars  shall  be  in  writing,  and  no  such  contract,  except  for 
legal,  engineering  and  other  professional  services,  shall  be 
awarded  unless  invitations  for  bids  therefor  shall  previously 
have  been  published  once  a  week  for  three  successive  weeks 
in  two  daily  papers  published  in  Essex  county.  Such  bids 
shall  be  opened  publicly  at  the  time  and  place  announced  in 
such  newspaper  publication. 

Section  3.  The  cost  of  construction  and  other  work  au- 
thorized by  this  act  shall  not  exceed  the  sum  of  five  hundred 
thousand  dollars.  To  meet  the  cost  of  such  construction  and 
work,  the  treasurer  of  said  South  Essex  sewerage  district, 
with  the  approval  of  the  board,  may  borrow  money  and 
issue  notes  and  bonds  as  provided  in  section  fifteen  of  said 
chapter  three  hundred  and  thirty-nine,  and  all  indebtedness 
incurred  in  carrying  out  the  provisions  of  this  act  shall  be 
subject  to  such  of  the  provisions  of  chapter  forty-four  of 
the  General  Laws  in  so  far  as  are  applicable  to  loans  made 
by  districts. 


Acts,  1945.  —  Chap.  432.  435 

The  cost  of  the  construction,  maintenance  and  operation 
of  said  sewers  and  other  works  shall,  for  the  purposes  of  ap- 
portionment, be  allocated  by  the  board  in  the  following 
manner :  — 

(a)  The  cost  of  construction  of  said  sewerage  works  in  the 
city  of  Peabody  as  authorized  by  section  one  of  this  act  shall 
be  borne  by  said  city  of  Peabody. 

(6)  The  cost  of  construction  of  sewerage  works  in  the  city 
of  Salem  as  so  authorized  shall  be  borne  by  the  cities  of 
Peabody  and  Salem.  The  share  of  said  costs  shall  be  ap- 
portioned to  each  city,  one  thu-d  in  proportion  to  their  re- 
spective valuations  as  determined  for  the  year  nineteen  hun- 
dred and  forty-five  by  the  commissioner  of  corporations  and 
taxation,  and  two  thirds  in  proportion  to  the  average  flow  of 
sewage  from  each  city,  as  determined  by  the  board  for  the 
first  full  calendar  year  of  operation  of  the  sewerage  works  so 
authorized. 

The  cost  of  legal,  engineering  and  other  professional  serv- 
ices in  connection  with  the  design  and  construction  of  the 
sewerage  works  herein  authorized,  shall  be  apportioned  in 
the  same  manner  as  the  cost  of  construction. 

The  pumping  stations,  treatment  works  and  other  sewer- 
age works  herein  authorized  shall  be  maintained  and  oper- 
ated, and  the  cost  thereof  shall  be  apportioned,  in  accoi'd- 
ance  with  the  provisions  of  chapter  three  hundred  and 
thirty-nine  of  the  acts  of  nineteen  hundred  and  twenty-five 
and  amendments  thereof. 

Section  4.  If  the  board  fails  to  perform  the  duties  im- 
posed upon  it  by  this  act,  said  state  department  of  public 
health  shall  order  performance  thereof,  and  the  superior 
court  shall  have  jurisdiction  in  equity,  upon  petition  of  said 
department,  to  compel  compliance  with  such  order. 

Section  5.    This  act  shall  take  effect  upon  its  passage. 

Approved  June  20,  1945. 


An  Act  authorizing  the  city  of  chelsea  to  transfer  ChapAS2 

CERTAIN    PARK   LAND    OWNED    BY   IT   TO    THE    TRUSTEES   OF 
THE   soldiers'   HOME  IN  MASSACHUSETTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Chelsea  is  hereby  authorized  to 
transfer  the  park  land  owned  by  it  and  located  on  Powder 
Horn  hill,  so  called,  to  the  trustees  of  the  Soldiers'  Home  in 
Massachusetts  for  use  by  said  trustees  in  the  building  of  the 
addition  to  the  John  Adams  hospital  at  said  home. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  June  20,  1945. 


436  Acts,  1945.  —  Chaps.  433,  434,  435. 

ChapASS  An  Act  relative  to  the  powers  and  duties  of  the  city 

OF   BOSTON    BOARD    OF   REAL    ESTATE    COMMISSIONERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  two  of  chapter  four  hundred  and 
thirty-four  of  the  acts  of  nineteen  hundred  and  forty-three 
is  hereby  amended  by  adding  at  the  end  the  words:  —  ;  pro- 
vided, that  the  chairman,  subject  to  the  approval  of  the 
board,  may  make  contracts  for  the  care,  custody,  manage- 
ment and  control  of  such  property,  —  so  as  to  read  as  fol- 
lows: —  Section  2.  The  chairman,  subject  to  the  regulations 
of  the  board  with  respect  to  his  procedure,  shall  have  the 
care,  custody,  management  and  control  of  all  property  ac- 
quired by  the  city  by  foreclosure  of  tax  titles  or  acquired 
under  section  eighty  of  chapter  sixty  of  the  General  Laws, 
whether  acquired  before  or  after  the  effective  date  of  this 
act;  provided,  that  the  chairman,  subject  to  the  approval 
of  the  board,  may  make  contracts  for  the  care,  custody, 
management  and  control  of  such  property. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  June  20,  1945. 


C/iap. 434  An  Act  relative  to  school  physicians,  medical  inspec- 
tors and  school  nurses  in  the  city  of  holyoke. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  three  hundred  and  forty-nine  of  the 
Special  Acts  of  nineteen  hundred  and  fifteen  is  hereby  re- 
pealed, and  the  school  physician  or  physicians,  medical  in- 
spectors and  school  nurses  in  the  city  of  Holyoke  shall  here- 
after be  appointed  and  controlled  by  the  board  of  health; 
provided,  that  nothing  in  this  act  shall  be  deemed  to  affect 
the  seniority  or  other  civil  service  rights  of  persons  holding 
any  of  said  positions  on  the  effective  date  of  this  act,  and 
such  persons  are  hei'eby  transferred  from  the  control  of  the 
school  department  of  said  city  to  the  control  of  the  board 
of  health  thereof. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  June  20,  1945. 


Chap.4:S5  An  Act  providing  for  extensions  of  the  boundaries 
OF  the  deerfield  fire  district. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  four  hundred  and  eight  of  the  acts 
of  nineteen  hundred  and  eleven  is  hereby  amended  by  in- 
serting after  section  twelve  the  following  new  section :  — 
Section  12 A.  Upon  a  petition  in  writing  addressed  to  said 
board  of  water  commissioners,  requesting  that  certain  real 
estate,  accurately  described  therein,  located  in  said  town  and 
abutting  on  said  district  and  not  otherwise  served  by  a  pub- 


Acts,  1945.  —  Chap.  436.  437 

lie  water  supply  be  included  within  the  limits  thereof,  and 
signed  by  the  owners  of  such  real  estate,  or  a  major  portion 
of  such  real  estate,  said  water  commissioners  shall  cause  a 
duly  warned  meeting  of  the  district  to  be  called,  at  which 
meeting  the  voters  may  vote  on  the  question  of  including 
said  real  estate  within  the  district.  If  a  majority  of  the 
voters  present  and  voting  thereon  vote  in  the  affirmative 
the  district  clerk  shall  within  ten  days  file  with  the  town 
clerk  of  said  town  and  with  the  state  secretary  an  attested 
copy  of  said  petition  and  vote;  and  thereupon  said  real 
estate  shall  become  and  be  part  of  the  district  and  shall  be 
holden  under  this  act  in  the  same  manner  and  to  the  same 
extent  as  the  real  estate  described  in  section  one. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  20,  1945. 

An  Act  relative  to  insurance  against  legal  liability  ChapASQ 

FOR    LOSS    OR   damage    ON   ACCOUNT   OF   ANY   INJURY. 

Be  it  enacted,  etc.,  as  follows: 

Clause  Sixth  of  section  forty-seven  of  chapter  one  hundred  g.  l.  (Ter. 
and  seventy-five  of  the  General  Laws,  as  amended  by  chap-  etc!, 'amended.* 
ter  two  hundred  and  forty-three  of  the  acts  of  nineteen  hun- 
dred and  forty-one,  is  hereby  further  amended  by  striking 
out  subdivision  (6)  and  inserting  in  place  thereof  the  follow- 
ing subdivision :  —  (6)  any  person  against  legal  liability  for 
loss  or  damage  on  account  of  the  injury  or  death  of  any 
other  person  or  on  account  of  any  damage  to  property  of  an- 
other, except  that  no  company  may  insure  any  person  against 
legal  liability  for  causing  injury,  other  than  bodily  injury, 
by  his  deliberate  or  intentional  crime  or  wrongdoing,  nor 
insure  his  employer  or  principal  if  such  acts  are  committed 
under  the  direction  of  his  employer  or  principal,  or,  —  so  as 
to  read  as  follows :  — 

Sixth,  To  insure,  (a)  any  person  against  bodily  injury  or  purposes  of 
death  by  accident,  or  (6)  any  person  against  legal  liability  incorporation. 
for  loss  or  damage  on  account  of  the  injury  or  death  of  any 
other  person  or  on  account  of  any  damage  to  property  of  an- 
other, except  that  no  company  may  insure  any  person  against 
legal  liability  for  causing  injury,  other  than  bodily  injury, 
by  his  deliberate  or  intentional  crime  or  wrongdoing,  nor  in- 
sure his  employer  or  principal  if  such  acts  are  committed 
under  the  direction  of  his  employer  or  principal,  or  (c)  against 
loss  or  damage  to,  or  loss  of  use  of,  fiaotor  vehicles  except 
motor  boats,  airplanes,  seaplanes,  dirigibles  or  other  aircraft, 
their  fittings  and  contents,  whether  such  vehicles  or  aircraft 
are  being  operated  or  not,  and  wherever  the  same  may  be, 
resulting  from  collision  or  accident,  except  loss  or  damage  by 
fire  or  lightning  or  while  being  transported  in  any  convey- 
ance by  land  or  water;  (d)  to  make  insurance  upon  the  health 
of  individuals;  or  (e)  to  insure  the  payment  of  workmen's 
compensation  benefits  under  chapter  one  hundred  and  fifty- 
two. 


438  Acts,  1945.  —  Chaps.  437,  438. 

A  polic}^  issued  to  an  individual  under  subdivision  (a)  or 
subdivision  (d)  may  also  insure  such  individual  in  respect  to 
medical,  surgical  and  hospital  expenses  of  members  of  his 
or  her  family.  Approved  June  20,  1945. 

ChapAS7  An  Act  temporarily  providing  for  the  review  of  cer- 
tain  SENTENCES   IN   CRIMINAL   CASES. 

Be  it  enacted,  etc.,  as  follows: 

A  person  who  on  the  effective  date  of  this  act  is  impris- 
oned under  a  sentence  to  the  state  prison  imposed  prior  to 
November  first,  nineteen  hundred  and  forty-three  and  who 
is  not  eligible  for  parole  may,  notwithstanding  the  partial 
execution  of  such  sentence,  appeal  to  the  appellate  division 
of  the  superior  court  for  a  review  of  such  sentence  and  of  any 
other  sentence  imposed  when  the  sentence  appealed  from 
was  imposed;  provided,  that  at  the  time  of  such  appeal 
such  person  shall  execute  a  written  consent  to  such  sentence 
as  may  be  imposed  by  said  appellate  division  on  such  re- 
view. No  such  appeal  shall  be  considered  if  taken  later 
than  two  years  after  the  effective  date  of  this  act  nor  in 
any  case  in  which  a  different  sentence  could  not  have  been 
imposed.  The  appellate  division  shall  have  jurisdiction  of 
any  such  appeal  and  may  consider  the  appeal  with  or  with- 
out a  hearing,  review  the  judgment  in  so  far  as  it  relates  to 
the  sentence  imposed,  and  if  in  its  opinion  any  appeal  should 
not  be  considered  it  may  refuse  to  consider  the  same  and  its 
decision  shall  be  final. 

The  justice  who  imposed  the  sentence  appealed  from,  if 
still  acting  as  such  justice,  and  the  district  attorney  of  the 
district  wherein  the  case  was  prosecuted  shall  be  notified  of 
the  appeal,  and  may  appear  and  make  a  statement  regarding 
the  case  and  sentence. 

If  the  appellate  division  considers  the  appeal  all  the  pro- 
visions of  sections  twenty-eight  A  to  twenty-eight  D,  inclu- 
sive, of  chapter  two  hundred  and  seventy-eight  of  the  Gen- 
eral Laws  shall,  so  far  as  pertinent,  apply. 

The  commissioner  otf  correction  shall,  as  soon  as  may  be 
after  the  effective  date  of  this  act,  cause  a  printed  notice 
containing  a  copy  of  this  act  and  the  pertinent  provisions 
of  said  sections  twenty-eight  A  to  twenty-eight  D,  inclusive, 
to  be  delivered  in  hand  to  each  person  entitled  to  appeal 
hereunder,  and  a  record  of  such  delivery  shall  be  made. 

Approved  June  20,  1945. 

ChapASS  An   Act   authorizing   cities   and   towns   and   certain 

DISTRICTS   TO    MAKE   AGREEMENTS   RELATIVE    TO    THE   PER- 
FORMANCE   OF   CERTAIN    PUBLIC   SERVICES. 

Be  it  enacted,  etc.,  as  follows: 

Edo,'  ia^new        Chapter  forty  of  the  General  Laws  is  hereby  amended  by 
§4A,  added,      inserting  after  section  four  the  following  new  section:  — 


Acts,  1945.  —  Chap.  439.  439 

Section  4A.  Any  governmental  unit,  as  hereinafter  defined,  ^q^jj"^®^*" 
may  enter  into  an  agreement  with  one  or  more  other  gov- 
ernmental units  to  perform  jointly  or  for  such  other  unit  or 
units  any  service,  activity  or  undertaking  which  each  con- 
tracting unit  is  authorized  by  law  to  perform,  if  such  agree- 
ment is  authorized  by  each  party  thereto,  in  a  city  by  the 
city  council  with  the  approval  of  the  mayor  and  in  a  town 
or  district  by  a  town  or  district  meeting.  Any  such  agree- 
ment may  be  terminated  by  any  party  thereto  at  the  end  of 
any  fiscal  year  if  such  termination  is  authorized  by  the  ter- 
minating unit  in  the  manner  aforesaid;  provided,  that  notice 
of  such  termination  is  given  to  each  other  party  to  the  agree- 
ment at  least  sixty  days  prior  to  the  date  of  termination. 
The  words  ''governmental  unit"  as  used  herein  shall  mean  "Govemmen 
a  city  or  town,  or  a  district  organized  under  section  forty-  defined. ' 
four  of  this  chapter,  or  under  chapter  forty-eight  or  under 
any  special  law. 

All  bills  and  pay  rolls  submitted  for  work  done  under  any 
such  agreement  shall  be  plainly  marked  to  indicate  that  the 
work  was  done  under  authority  thereof,  and  reimbursement 
for  such  work  shall  be  made  at  such  intervals  as  the  agree- 
ment provides.  The  amount  of  reimbursement  received 
under  any  such  agreement  by  any  governmental  unit  shall 
be  credited  on  its  books  to  the  account  of  estimated  receipts. 
The  equipment  and  employees  of  a  governmental  unit  while 
engaged  in  performing  any  such  service,  activity  or  under- 
taking under  such  an  agreement  shall  be  deemed  to  be  en- 
gaged in  the  service  and  employment  of  such  unit,  notwith- 
standing such  service,  activity  or  undertaking  is  being  per- 
formed in  or  for  another  governmental  unit  or  units. 

Approved  June  SO,  1945. 


An  Act  providing  that  copies  of  records  of  deaths  of  (Jfidq)  439 

DECEASED    WAR   VETERANS    BE    SENT    BY    THE    MUNICIPALI-  * 

TIES    WHERE    THEY    DIED    TO    THE    MUNICIPALITIES    WHERE 
THEY  WERE  BURIED. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  forty-six  of  the  General  Laws  is  hereby  amended  Ed)''4JTi2 
by  striking  out  section  twelve,  as  most  recently  amended  etc.,  amended'. 
by  section  two  of  chapter  seventy-eight  of  the  acts  of  nine- 
teen hundred  and  thirty-seven,  and  inserting  in  place  thereof 
the  following  section:  —  Section  IS.    Except  as  hereinafter  Copies  of 
provided,  the  clerk  of  a  city  or  town  shall  forthwith  make  a  b1rths.^d°eatha. 
certified  copy  of  the  record  of  each  birth  and  death  recorded  ^tc 
during  the  preceding  month,  if  the  parents  of  the  child  born 
were  at  the  time  of  said  birth  residents  of  any  other  city  or 
town  in  the  commonwealth  or  in  any  other  state,  or  if  the 
deceased  at  the  time  of  his  death  was  a  resident  of  any  other 
city  or  town  aforesaid  or  was  a  war  veteran  and  was  buried 
in  any  other  city  or  town  aforesaid,  and  transmit  such  certi- 
fied copy  to  the  clerk  of  the  city  or  town  where  such  parents 


440  Acts,  1945.  —  Chaps.  440,  441. 

or  deceased  person  were  so  resident,  setting  forth  the  name 
of  the  street  and  number  of  the  house,  if  any,  where  such 
parents  or  deceased  person  so  resided  and,  in  the  case  of  a 
deceased  war  veteran  as  aforesaid,  to  the  clerk  of  the  city 
or  town  where  he  was  buried,  setting  forth  the  cemetery  or 
other  place  of  burial;  and  the  clerk  of  a  city  or  town  in  the 
commonwealth  receiving  such  a  certified  copy,  or  receiving 
a  certified  copy  of  the  record  of  a  birth,  marriage  or  death 
or  of  the  burial  of  a  war  veteran  from  the  clerk  of  a  city  or 
town  without  the  commonwealth,  shall  record  the  same 
and  transmit  to  the  state  secretary  a  certified  copy  thereof. 
No  birth  record  of  a  child  born  out  of  wedlock  or  of  a  child 
of  abnormal  sex  shall  so  be  transmitted  to  any  other  city 
or  town.  Approved  June  20,  1945. 


ChapA4:0  An  Act  making  veterans  of  world  war  ii  eligible  in 

CERTAIN    CASES    TO    TAKE    CIVIL    SERVICE     EXAMINATIONS 
NOTWITHSTANDING   ANY   AGE   REQUIREMENTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  No  veteran,  as  such  term  is  defined  in  sec- 
tion twenty-one  of  chapter  thirty-one  of  the  General  Laws, 
shall,  for  a  period  of  three  years  after  the  date  of  his  honor- 
able discharge  from  the  military  or  naval  service  of  the 
United  States,  be  disqualified  by  reason  of  age  from  taking 
an  examination  under  said  chapter  for  any  particular  posi- 
tion, if  at  the  time  of  his  entry  into  such  service  he  was  of 
proper  age  to  qualify  for  such  examination,  any  provision 
of  law  or  rule  establishing  an  age  limit  to  the  contrary  not- 
withstanding. 

Section  2.  This  act  shall  cease  to  be  operative  upon 
the  expiration  of  five  years  from  the  termination  of  the 
existing  states  of  war  between  the  United  States  and  any 
foreign  countries.  Approved  June  20,  1945. 


ChapA4:l  An  Act  relative  to  the  furnishing  of  medical  care 
TO  recipients  of  old  age  assistance. 

Be  it  enacted,  etc.,  as  follows: 

EdViisA  Section  one  of  chapter  one  hundred  and  eighteen  A  of 

n,  etc..   '       the  General  Laws,  as  most  recently  amended  by  chapter 
amended.         g^^  hundred  and  six  of  the  acts  of  nineteen  hundred  and 
forty-three,  is  hereby  further  amended  by  inserting  immedi- 
ately before  the  paragraph  added  by  said  chapter  five  hun- 
dred and  six  the  following  paragraph :  — 
Expenses  for         Such  assistancc  shall  also  provide  for  adequate  medical 

medical,  etc.,  .  •     •       i^       e  •    •  i  xi-  i.        a 

services  to        carc  for  cvcry  recipient  oi  assistance  under  this  chapter, 
persons.^^^"^      and  shall  also  include  provision  for  the  services  of  a  physi- 
cian of  such  recipient's  choice,  subject  to  such  rules  and 
regulations  as  shall  be  made  by  the  department. 

Approved  June  20,  1945. 


Acts,  1945.  —  Chaps.  442,  443,  444.  441 

An  Act  relative  to  common  landing  places.  ChapA42 

Be  it  enacted,  etc.,  as  follows: 

Chapter   eighty-eight   of   the    General    Laws   is    hereby  q.  l.  (Ter. 
amended  by  striking  out  section  nineteen,  as  appearing  in  amencfe^d.^  '^' 
the  Tercentenary  Edition,  and  inserting  in  place  thereof  the 
following  section:  —  Section  19.    The  city  council  of  a  city  Rules  and 
and  the  selectmen  of  a  town  may  make  rules  and  regulations  fof'i'ommon 
concerning  the  use  of  a  common  landing  place  laid  out  under  landing  places. 
this  chapter;  provided,  that  no  such  rule  or  regulation  shall 
be  effective  unless  it  shall  have  been  published  in  one  or 
more  newspapers,  if  there  be  any  published  in  the  city  or 
town  in  which  the  public  landing  is  located,  otherwise  in  one 
or  more  newspapers  published  in  the  county  in  which  the 
city  or  town  is  situated.    Any  person  convicted  of  a  violation  Penalty. 
of  any  such  rule  or  regulation  shall  be  punished  by  a  fine  of 
not  more  than  twenty  dollars.       Approved  June  20,  1945. 


An  Act  relative  to  the  suspension  of  certificates  of  ChavA4S 
registration   in   case   of  nonpayment   of   interest, 

CHARGES  and  FEES  ACCRUED  ON  EXCISE  TAXES  ON  REGIS- 
TERED   MOTOR   VEHICLES. 

Be  it  enacted,  etc.,  as  follows: 

Section  two  A  of  chapter  sixty  A  of  the  General  Laws,  as  g.  l.  (Ter. 
amended  by  chapter  eighteen  of  the  acts  of  nineteen  hundred  f  2a,  Tu.', 
and  forty-three,  is  hereby  further  amended  by  striking  out  amended.' 
the  second  sentence,  as  appearing  in  section  one  of  chapter 
four  hundred  and  ninety-two  of  the  acts  of  nineteen  hundred 
and  thirty-eight,  and  inserting  in  place  thereof  the  follow- 
ing sentence :  —  Unless  it  appears  from  the  records  of  the  Suspension  of 
registrar  that  the  person  to  whom  the  excise  has  been  as-  nonpaymen/""^ 
sessed  has  transferred  his  ownership  in  such  motor  vehicle,  °f  e^^ise  tax 
the  registrar  shall  forthwith  give  him  written  notice  by  mail  vehicles. 
directed  to  his  last  known  address  that  the  certificate  of 
registration  of  such  motor  vehicle  will  be  suspended  at  the 
expiration  of  thirty  days  from  the  date  of  mailing  such 
notice  unless  within  said  period  there  is  filed  with  the  regis- 
trar evidence  satisfactory  to  him  that  the  excise  due,  and 
all  interest,  charges  and  fees  accrued  thereon,  have  been 
paid.  Approved  June  20,  1945. 


An  Act  relieving  employees  and  dependents  of  the  phfjj.  aaa 

EXPENSES    of    certain    APPEALS    IN    WORKMEN'S    COMPEN-  ^* 

SATION    CASES. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  fifty-two  of  the  General  Laws  g.  l.  (Ter. 
is  hereby  amended  by  inserting  after  section  eleven  the  fol-  f  liA.^idded!^ 
lowing  section:  —  Section  11  A.    If  the  certification  or  appeal  Allowances  to 
to  the  superior  court  is  by  the  insurer,  and  the  claimant  pre-  cirt^n^daims. 


442  Acts,  1945.  —  Chaps.  445,  446. 

vails,  the  superior  court,  and,  on  further  appeal,  the  single 
justice,  or  full  bench,  shall  allow  the  claimant,  in  addition 
to  the  award  in  the  decree,  an  amount  sufficient  to  relieve 
the  employee  of  the  reasonable  cost  of  attorney's  fees,  briefs 
and  other  necessary  expenses  that  result  from  the  certifica- 
tion or  appeal.  Approved  June  20,  1945. 

ChapA4:5  An  Act  making  void  certain  provisions  of  leases  and 

RENTAL  AGREEMENTS   PERTAINING   TO   REAL   PROPERTY. 

Be  it  enacted,  etc.,  as  follows: 

G.  L.  (Ter.  Section  1.     Chapter  one  hundred  and  eighty-six  of  the 

§  15,'  added.^^   General  Laws  is  hereby  amended  by  adding  at  the  end  the 
Certain  provi-    following  SGction:  —  Scction  15.     Any  provision  of  a  lease 

sions  in  leases,  j.ij.i  ii^-j^i  ±_  i  i_ 

etc.,  made  void,  or  othcr  rental  agreement  relating  to  real  property  whereby 
a  lessee  or  tenant  enters  into  a  covenant,  agreement  or  con- 
tract, by  the  use  of  any  words  whatsoever,  the  effect  of  which 
is  to  indemnify  the  lessor  or  landlord  or  hold  the  lessor  or 
landlord  harmless,  or  preclude  or  exonerate  the  lessor  or 
landlord  from  any  or  all  liability  to  the  lessee  or  tenant,  or 
to  any  other  person,  for  any  injury,  loss,  damage  or  liability 
arising  from  any  omission,  fault,  negHgence  or  other  miscon- 
duct of  the  lessor  or  landlord  on  or  about  the  leased  or  rented 
premises  or  on  or  about  any  elevators,  stairways,  hallways 
or  other  appurtenance  used  in  connection  therewith,  and  not 
within  the  exclusive  control  of  the  lessee  or  tenant,  shall  be 
deemed  to  be  against  public  policy  and  void. 

^lii!''^^  Section  2.    This  act  shall  take  effect  on  October  first  in 

the  current  year,  and  shall  apply  only  to  leases  and  rental 
agreements  entered  into  after  said  date. 

Approved  June  20,  1945. 


O/iop.446  An  Act  relative  to  the  pensions  of  certain  members 

OF    THE    police    DEPARTMENT    OF    THE    CITY    OF    BOSTON 
retired    for   ACCIDENTAL   DISABILITY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  three  hundred  and  fifty-three  of  the 
acts  of  eighteen  hundred  and  ninety-two  is  hereby  amended 
by  striking  out  section  two,  as  amended  by  section  one  of 
chapter  fifty-one  of  the  acts  of  eighteen  hundred  and  ninety- 
three,  and  inserting  in  place  thereof  the  following  section :  — 
Section  2.  The  amount  of  the  annual  pension  of  members 
of  the  police  department  retired  under  the  provisions  of  this 
act  and  certified  to  be  permanently  incapacitated  by  injury 
sustained  in  the  actual  performance  of  duty  shall  be  two 
thirds  of  the  annual  compensation  allowed  to  men  of  the 
grade  in  which  such  member  served,  and  the  amount  of  the 
annual  pension  of  other  persons  retired  under  the  provisions 
of  this  act  shall  be  one  half  of  the  annual  compensation  al- 
lowed to  men  of  the  grade  in  which  such  member  served. 
Said  pensions  shall  be  paid  by  the  city  of  Boston. 


Acts,  1945.  —  Chaps.  447,  448.  443 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  vote  of  the  city  council  of  the  city  of  Boston, 
subject  to  the  provisions  of  its  charter,  but  not  otherwise. 

Approved  June  21,  1945. 

An  Act  relative  to  granting  vacations  to  employees  QJiar)  447 
WHO   return   to   the   service   of  certain   counties, 
cities  or  towns  after  serving  in  the  armed  forces 
OF  the  united  states  during  the  present  war. 

Whereas,    Many  residents  of  this  commonwealth  in  the  Emergency 
armed  forces  are  returning  from  time  to  time,  and  it  is  re-  P''eambic. 
quired  that  this  act  be  made  effective  forthwith  in  order  to 
enable  them  to  obtain  at  once  the  benefits  thereof,  there- 
fore this  act  is  hereby  declared  to  be  an  emergency  law,  neces- 
sary for  the  immediate  preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Any  person  who  shall  have  become  separated  from  the 
employment  of  any  county,  city  or  town  in  which  this  sec- 
tion is  accepted  by  the  county  commissioners,  mayor  and 
city  council  or  selectmen,  as  the  case  may  be,  for  the  pur- 
pose of  serving  in  the  military  or  naval  forces  of  the  United 
States  during  the  present  war  and  shall  have  returned  to 
the  employment  of  such  county,  city  or  town  after  an  honor- 
able discharge  from  said  military  or  naval  service  shall,  for 
the  purpose  of  being  granted  a  vacation  with  pay,  be  entitled 
to  have  the  time  of  his  military  or  naval  service  counted  as 
time  actually  worked  in  the  employ  of  such  county,  city  or 
town  if  he  is  not  otherwise  eligible  to  such  vacation  because 
he  had  not  actually  worked  for  a  sufficient  time;  provided, 
that  said  military  or  naval  service  shall  be  so  counted  only 
with  respect  to  the  vacation  of  such  person  in  the  year  of  his 
return,  and  in  the  year  next  following  if  his  vacation  therein 
is  based  on  time  worked  in  the  previous  year. 

Approved  June  25,  1945. 

An  Act  relative  to  the  disposition  of  certain  funds  QJkuj  443 

AND     property     OF    COMPANIES    OF    THE     MASSACHUSETTS 
STATE    GUARD    UPON   THEIR   DISBANDMENT. 

Whereas,   The  prompt  disposition  of  certain  moneys  and  ^^ambi"*'^ 
other  property  under  authority  of  this  act  would  be  prevented 
by  the  deferred  operation  of  this  act,  therefore  it  is  hereby 
declared  to  be  an  emergency  law,  necessary  for  the  immediate 
preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Upon  the  disbandment  of  any  company  of 
the  Massachusetts  state  guard,  all  funds  of  such  company, 
other  than  those  allotted  to  it  by  the  commonwealth,  and 
all  property  purchased  by  such  company  with  funds  other 
than  those  allotted  as  aforesaid,  may  be  disposed  of  by  such 
company  in  such  manner  as  may  be  determined  by  a  major- 


444 


Acts,  1945. -- Chaps.  449,  450. 


ity  vote  of  the  enlisted  men  who  were  members  of  such 
company  at  the  time  of  such  disbandment. 

Section  2.    This  act  shall  take  effect  as  of  January  first, 
nineteen  hundred  and  forty-four. 

Approved  June  25,  1945. 


ChapA4:9  An  Act  relative  to  the  supervision  of  male  parolees 

BY  THE  BOARD  OF  PAROLE,  AND  CREATING  THE  POSITION 
OF  SUPERVISOR  OF  PAROLE  FOR  MEN  UNDER  THE  PAROLE 
BOARD. 


Emergeucy 
preamble. 


G.  L.  (Ter. 
Ed.).  27,  §  5A, 
etc.,  amended. 


G.  L.  (Ter. 
Ed.),  127, 
§  127,  etc., 
amended. 


Special  state 
police. 
Powers  and 
duties. 


Whereas,  The  deferred  operation  of  this  act  would  unnec- 
essarily delay  the  filling  of  the  office  established  thereby  and 
prevent  the  immediate  carrying  out  of  the  functions  of  said 
office  in  connection  with  the  parole  system  of  the  common- 
wealth, therefore  this  act  is  hereby  declared  to  be  an  emer- 
gency law,  necessary  for  the  immediate  preservation  of  the 
public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  five  A  of  chapter  twenty-seven  of  the 
General  Laws,  inserted  by  section  six  of  chapter  six  hundred 
and  ninety  of  the  acts  of  nineteen  hundred  and  forty-one,  is 
hereby  amended  by  striking  out  the  last  sentence. 

Section  2.  Section  one  hundred  and  twenty-seven  of 
chapter  one  hundred  and  twenty-seven  of  the  General  Laws, 
as  most  recently  amended  by  section  five  A  of  said  chapter 
six  hundred  and  ninety,  is  hereby  further  amended  by  adding 
at  the  end  the  following  sentence :  —  The  parole  board  shall 
also  appoint  a  man  to  serve  under  it,  with  the  title  of  super- 
visor of  parole  for  men,  who  shall  be  in  charge  of  male  pa- 
rolees and  shall  direct  the  work  of  male  parole  agents,  and 
perform  such  other  duties  as  the  board  may  direct,  and  who 
shall  not  be  subject  to  chapter  thirty-one  and  the  rules  and 
regulations  made  under  authority  thereof. 

Approved  June  25,  1945. 


Chap. 4:50  An  Act  authorizing  the  city  of  everett  to  pay  an 

annuity  to  the  widow  of  THOMAS  DUNPHY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  F^  the  purpose  of  promoting  the  public 
good,  the  city  of  Everett  may  pay  to  Annie  G.  Dunphy, 
widow  of  Thomas  Dunphy,  a  former  employee  of  said  city, 
who  died  from  illness  contracted  in  the  performance  of  his 
duty  as  such  employee,  an  annuity  of  one  thousand  dollars, 
payable  in  equal  monthly  installments;  provided,  that  said 
annuity  shall  cease  upon  the  remarriage  of  said  Annie  G. 
Dunphy. 

Section  2.  This  act  shall  take  effect  upon  its  acceptance 
during  the  current  year  by  vote  of  the  city  council  of  the  city 
of  Everett,  subject  to  the  provisions  of  its  charter,  but  not 
otherwise.  Approved  June  25,  1945. 


Acts,  1945.  —  Chaps.  451,  452,  453.  445 

An  Act  authorizing  the  care  and  treatment  at  the  Qfianj  45]^ 

HOSPITAL  COTTAGES  FOR  CHILDREN  OF  CHILDREN  AFFLICTED 
WITH    MENTAL   DEFICIENCY. 

Be  it  enacted,  etc.,  as  follows: 

Section  forty-nme  of  chapter  one  hundred  and  twenty-  o.  l.  (Ter. 
three  of  the  General  Laws,  as  appearing  in  the  Tercente-  f49;amended. 
nary  Edition,  is  hereby  amended  by  inserting  after  the  word 
"epilepsy"  in  the  second  line  the  words:  —  or  mental  defi- 
ciency, —  so  as  to  read  as  follows :  —  Section  49.    The  de-  Certain  cM- 
partment  may  send  to  and  keep  at  the  hospital  cottages  for  sent  to  hospi- 
children  such  number  of  children  afflicted  with  epilepsy  or  tai  cottages. 
mental  deficiency  as  shall  be  approved  by  the  trustees  and 
superintendent  thereof,  to  be  maintained  at  such  expense  to 
the  commonwealth  as  shall  be  determined  by  said  depart- 
ment and  said  trustees.  Approved  June  25,  1945. 

An  Act  authorizing  the  department  of  mental  health  (Jfidj)  452 
TO  grant  certain  rights  in  the  town  of  foxborough 

TO  SAID  TOWN,  TO  THE  UNION  LIGHT  &  POWER  COMPANY, 
OR  ITS  SUCCESSOR,  AND  TO  THE  NEW  ENGLAND  TELEPHONE 
AND  TELEGRAPH   COMPANY. 

Be  it  enacted,  etc.,  as  follows: 

Power  and  authority  are  hereby  granted  to  the  depart- 
ment of  mental  health  as  follows :  —  Upon  the  abandon- 
ment as  a  public  way  by  the  town  of  Foxborough  of  all  or  a 
portion  of  PaySon  road  in  said  town,  and  the  acquisition  of 
the  land  formerly  laid  out  as  such  public  way,  as  a  part  of 
the  Foxborough  state  hospital,  by  said  department,  to  grant 
to  said  town  the  right  to  install  and  maintain  therein  cer- 
tain water  mains,  to  grant  to  the  Union  Light  &  Power 
Company,  or  its  successor,  the  right  to  construct  and  main- 
tain therein,  thereon  or  thereover  lines  for  the  transmission 
of  electricity  for  fight,  heat  and  power,  and  to  grant  to  the 
New  England  Telephone  and  Telegraph  Company  the  right 
to  construct  and  maintain  therein,  thereon  or  thereover  lines 
for  the  transmission  of  intelligence  by  electricity. 

Approved  June  25,  1945. 

An  Act  providing  for  the  admission  of  children  suf-  (jjid^  453 

FERING   FROM   RHEUMATIC   HEART   DISEASE   TO   THE   NORTH  ^' 

reading    state   SANATORIUM. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  eleven  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  amended  by  inserting  after  section  sixty-five  A  the  §  esB^dded"' 
following  section:  —  Section  65 B.     Upon  written  applica- Treatment  of 
tion  of  a  registered  physician,  the  department  may  admit  heirriisease 
to  the  North  Reading  state  sanatorium  children  suffering  ^°  children. 
from  rheumatic  heart  disease;  provided,  that  no  child  shall 
be  so  admitted  who  has  not  been  a  resident  of  the  common- 


446  Acts,  1945.  —  Chaps.  454,  455,  456. 

wealth  for  at  least  twelve  months  preceding  the  date  of  such 
application  and  that  preference  shall  be  given  to  citizens  of 
the  commonwealth.  Approved  June  25,  1945. 


ChapA54:  An  Act  further  regulating  the  admission  of  patients 

TO   THE   MONSON    STATE   HOSPITAL. 

Be  it  enacted,  etc.,  as  follows: 

mV  123 "^s  87  Chapter  one  hundred  and  twenty-three  of  the  General 
etc!, 'amended.'  Laws  is  hereby  amended  by  striking  out  section  eighty- 
seven,  as  amended  by  section  eleven  of  chapter  five  hun- 
dred of  the  acts  of  nineteen  hundred  and  thirty-nine,  and 
MonsOT  s^ate  inserting  in  place  thereof  the  following  section :  —  Section  87. 
mission 'to,  etc.,  The  Superintendent  of  the  Monson  state  hospital  may  re- 
reguiated.  ccive  and  detain  therein  as  a  patient  any  person  who  is 
certified  to  be  subject  to  epilepsy  by  a  physician  qualified  as 
provided  in  section  fifty-three,  and  who  desires  to  submit 
himself  to  treatment  and  makes  written  application  there- 
for, and  whose  age  and  mental  condition  are  such  as  to  ren- 
der him  competent  to  make  such  application,  or  for  whom 
application  is  made  by  a  parent  or  guardian.  No  such  patient 
shall  be  detained  more  than  ten  days  after  having  given 
written  notice  of  his  intention  or  desire  to  leave  the  hospital. 
Upon  the  patient's  reception  at  the  hospital,  the  superin- 
tendent shall  report  the  particulars  of  the  case  to  the  depart- 
ment, which  may  investigate  the  same.  Such  papers  shall 
be  void  if  said  person  shall  not  be  received  at  the  hospital 
within  sixty  days  from  the  date  of  the  signing  of  the  medical 
certificate.  Approved  June  25,  1945. 

ChapA55  An  Act  providing  that  certain  persons  serving  a  pro- 
bationary PERIOD  OR  serving  AS  MILITARY  SUBSTITUTES 
IN  THE  PUBLIC  SERVICE  SHALL,  IN  CASE  OF  INJURY,  BE 
ENTITLED   TO    CERTAIN   BENEFITS. 

Be  it  enacted,  etc.,  as  follows: 

Notwithstanding  the  provisions  of  any  general  or  special 
law  to  the  contrary,  if  a  person  who  is  serving  a  probation- 
ary period  or  serving  as  a  military  substitute  suffers  an  in- 
jury while  in  the  public  service  he  shall  be  entitled  to  the 
benefits  of  the  retirement  system  applicable  to  his  position 
to  the  same  extent  as  though  he  were  a  member  thereof. 

Approved  June  25,  1945. 

C/iap. 456  An  Act  creating  a  mosquito  control  project  in  berk- 
shire  COUNTY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  area  included  in  the  cities  and  towns 
comprising  the  county  of  Berkshire  is  hereby  constituted  a 
mosquito  control  project  under  section  five  A  of  chapter  two 
hundred  and  fifty-two  of  the  General  Laws,  to  the  same  ex- 


Acts,  1945.  —  Chap.  457.  447 

tent  as  if  so  constituted  by  the  state  reclamation  board  act- 
ing under  said  section  five  A,  and  the  improvements  herein 
authorized  shall  be  undertaken  under  the  identifying  name 
of  the  Berkshire  County  Mosquito  Control  Project.  Begin- 
ning with  the  fiscal  year  commencing  on  July  first,  nineteen 
hundred  and  forty-five,  to  meet  the  expenses  incurred  under 
this  act  there  shall  annually  be  expended  from  the  state 
treasury,  subject  to  appropriation,  sums  equal,  in  the  aggre- 
gate, to  thirty-five  cents  on  each  one  thousand  dollars  of 
the  taxable  valuations  of  all  such  cities  and  towns,  and  the 
sums  so  expended  shall  be  assessed  by  the  state  treasurer  on 
said  cities  and  towns  in  proportion  to  their  said  valuations 
as  additions  to  their  respective  quotas  of  the  state  tax  next 
to  be  assessed;  provided,  that  any  such  city  or  town  may  in 
any  year  anticipate  in  whole  or  in  part  its  assessment,  and 
appropriate,  raise  and  deposit  the  amount  thereof  with  the 
state  treasurer,  and  any  sum  so  deposited  shall  be  credited 
against  such  assessment.  There  may  also  be  expended  for 
the  purposes  of  this  act  voluntary  contributions  for  such 
purposes  deposited  in  the  state  treasury. 

Section  2.  The  funds  appropriated  and  deposited  as 
aforesaid  shall  be  expended  for  the  investigation  of  mosquito 
control  works,  and  the  construction  and  maintenance  thereof, 
in  said  county,  under  the  direction  and  supervision  of  the 
state  reclamation  board  in  accordance  with  such  known 
methods  as  in  its  opinion  will  effect  the  greatest  measure  of 
relief.  Approved  June  25,  1945. 


An  Act  providing  for  consideration  and  report  by  (Jhnrf  457 

THE   commission  ON  ADMINISTRATION  AND   FINANCE  RELA-  ^' 

TIVE  TO  THE  FIXING  OF  HOURS  OF  EMPLOYMENT  OF  STATE 
EMPLOYEES. 

Be  it  enacted,  etc.,  as  follows: 

Section  seven  of  chapter  seven  of  the  General  Laws,  as  g.  l.  (Ter. 
appearing  in  the  Tercentenary  Edition,  is  hereby  amended  amended  ^' 
by  inserting  after  the  word  "fixing"  in  the  tenth  line  the 
words:  —  hours  of  employment  and,  —  so  as  to  read  as  fol- 
lows :  —  Section  7.     The  commission  shall  inquire  into  the  Duties  of 
business  affairs  of  the  commonwealth  and  the  laws  govern-  rektwfto"^ 
ing  them,  and  shall  consider  the  possibility  of  promoting  promoting 
economy  and  efficiency  and  avoiding  useless  labor  and  ex-  effideiTcy,  etc. 
pense  therein.    It  shall  recommend  to  the  governor  and  coun- 
cil and  to  the  general  court,  if  in  session,  such  measures  as 
in  its  judgment  will  tend  to  accomplish  this  result.    It  shall 
consider  and  report  upon  the  following  questions  among 
others:   changes  in  the  laws  relating  to  matters  of  finance, 
reorganization,  consohdation  or  co-ordination  of  departments 
and  institutions,  changes  in  methods  of  administration,  classi- 
fication of  employees,  fixing  hours  of  employment  and  maxi- 
mum and  minimum  salaries  and  standardizing  vacations. 

Approved  June  25,  19^5. 


448 


Acts,  1945.  —  Chap.  458. 


ChapA58  An  Act  authorizing  the  department  of  public  wel- 
fare TO  ENTER  INTO  RECIPROCAL  AGREEMENTS  WITH  CER- 
TAIN OTHER  STATES  RELATIVE  TO  THE  GRANTING  OF  AID 
TO  DEPENDENT  CHILDREN  AND  OLD  AGE  ASSISTANCE,  AND 
AUTHORIZING  THE  TEMPORARY  GRANTING  OF  AID  TO  DE- 
PENDENT CHILDREN  AND  OF  OLD  AGE  ASSISTANCE  TO  PER- 
SONS WHO  HAVE  MADE  PERMANENT  CHANGES  OF  RESIDENCE 
TO    CERTAIN   OTHER   STATES. 


G.  L.  (Ter. 
Bd.).  118,  §4A, 
etc.,  amended. 


Parents  receiv- 
ing aid  may 
receive  aid 
after  perma- 
nently moving 
from  com- 
monwealth. 


G.  L.  (Ter. 
Ed.).  118A, 
§  6A,  etc., 
amended. 


Removal  from 
commonwealth 
without  sus- 

gension  of 
enefits. 


G.  L.  (Ter. 
Ed.),  121, 
§  9A,  etc., 
amended. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  four  A  of  chapter  one  hundred  and 
eighteen  of  the  General  Laws,  inserted  by  chapter  one  hun- 
dred and  seventeen  of  the  acts  of  nineteen  hundred  and 
forty-three,  is  hereby  amended  by  adding  at  the  end  the 
following  paragraph :  — 

The  department  may  also  provide  by  rules  and  regula- 
tions for  the  payment  of  aid  under  this  chapter  for  a  parent 
and  child  or  children  who  have  moved  permanently  from  the 
commonwealth  to  another  state,  so  as  to  continue  said  aid 
until  such  time  as  may  be  reasonably  necessary  for  such 
parent  to  meet  requirements  for  receiving  similar  aid  from 
such  other  state;  provided,  that  after  the  expiration  of  a 
period  of  three  months'  residence  in  such  other  state,  the 
amount  of  such  aid  shall  not  exceed  the  amount  of  aid  that 
the  parent  would  receive  from  such  other  state  if  eligible 
therefor;  and  provided,  further,  that  such  aid  shall  be 
granted  only  when  reciprocal  agreements  are  in  effect  be- 
tween this  commonwealth  and  said  state  under  section  nine  A 
of  chapter  one  hundred  and  twenty-one. 

Section  2.  Section  six  A  of  chapter  one  hundred  and 
eighteen  A  of  the  General  Laws,  as  most  recently  amended 
by  chapter  four  hundred  and  seventy  of  the  acts  of  nineteen 
hundred  and  forty-three,  is  hereby  further  amended  by  add- 
ing at  the  end  the  following  paragraph :  — 

The  department  may  also  provide  by  rules  and  regula- 
tions for  the  payment  of  such  assistance  to  a  person  who 
has  moved  permanently  from  the  commonwealth  to  another 
state,  so  as  to  continue  such  assistance  untU  such  time  as 
may  be  reasonably  necessary  for  the  recipient  to  meet  re- 
quirements for  receiving  old  age  assistance  or  similar  assist- 
ance from  such  other  state;  provided,  that  after  the  expira- 
tion of  a  period  of  three  months'  residence  in  such  other 
state,  the  amount  of  such  assistance  shall  not  exceed  the 
amount  of  assistance  that  such  person  would  receive  from 
such  other  state  if  eligible  therefor;  and  provided,  further, 
that  such  assistance  shall  be  granted  only  when  reciprocal 
agreements  are  in  effect  between  this  commonwealth  and 
said  state  under  section  nine  A  of  chapter  one  hundred  and 
twenty-one. 

Section  3.  Section  nine  A  of  chapter  one  hundred  and 
twenty-one  of  the  General  Laws,  inserted  by  chapter  one 
hundred  and  sixty-seven  of  the  acts  of  nineteen  hundred  and 
thirty-four,  is  hereby  amended  by  adding  at  the  end  the 


Acts,  1945.  —  Chaps.  459,  460.  449 

following  sentence :  —  The  department  is  hereby  further  au-  Reciprocal 
thorized  to  enter  into  reciprocal  agreements  with  other  states  ^h^^h^ 
to  provide  for  the  support  and  care  of  persons  receiving  aid  spates  for 
or  old  age  assistance  under  chapter  one  hundred  and  eighteen  cafJ'ofcwtam 
or  chapter  one  hundred  and  eighteen  A,  or  corresponding  pro-  p'^''^^'^^- 
visions  of  law  in  such  other  states,  during  the  period  of  change 
of  residence  between  states,  as  provided  by  section  four  A  of 
said  chapter  one  hundred  and  eighteen  and  section  six  A  of 
said  chapter  one  hundred  and  eighteen  A. 

Approved  June  25,  1946. 

An  Act  granting  to  the  Salisbury  water  supply  com-  (jhnjj  459 

PANY   an   easement   IN   CERTAIN   STATE-OWNED   LAND   FOR  ^' 

THE    CONSTRUCTION   AND    MAINTENANCE    BY   IT   OF   A   MAIN 
SEWER    IN   AND   ACROSS   SAID    LAND. 

Be  it  enacted,  etc.,  as  follows: 

The  commissioner  of  conservation,  acting  for  and  in  be- 
half of  the  commonwealth,  may  from  time  to  time,  subject 
to  the  approval  of  the  governor  and  council,  and  by  instru- 
ment or  instruments  approved  as  to  form  by  the  attorney 
general,  convey  to  the  Salisbury  Water  Supply  Company 
any  interest  less  than  a  fee,  in  lands  taken  or  acquired  under 
section  two  of  chapter  four  hundred  and  forty-two  of  the 
acts  of  nineteen  hundred  and  thirty-one,  and  acts  in  addi- 
tion thereto  and  in  amendment  thereof,  under  such  terms 
and  conditions  as  the  commissioner  shall  determine;  pro- 
vided, that  no  such  lands  shall  be  used  for  the  construction, 
extension  or  maintenance  of  a  sewer  without  the  approval 
of  the  state  department  of  public  health  nor  until  plans  for 
the  construction  of  adequate  works  for  the  purification  or 
disposal  of  sewage,  drainage  or  other  polluting  organic  mat- 
ter, which  may  be  discharged  from  land  so  used,  have  been 
submitted  to  and  approved  by  said  department;  and  pro- 
vided, further,  that  said  works  shall  be  constructed  and 
maintained  in  accordance  with  plans  so  approved. 

Approved  June  25,  19^5. 


Chap.^m 


An  Act  further  amending  the  laws  relating  to  ap- 
peals TO  the  fire  marshal  by  persons  aggrieved  by 

ACTION  OF  the  HEAD  OF  A  FIRE  DEPARTMENT  OR  OF  CER- 
TAIN  OTHER   PERSONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  thirty-one  of  chapter  one  hundred  and  forty-eight  g.  l.  (Ter. 
of  the  General  Laws,  as  appearing  in  the  Tercentenary  Edi-  amende!.'  *  ^^' 
tion,  is  hereby  amended  by  inserting  after  the  word  "act" 
in  the  first  and  in  the  eighth  lines,  in  each  instance,  the 
word :  —  ,  rule,  —  so  as  to  read  as  follows :  —  Section  31 .  Appeals. 
Any  person  aggrieved  by  any  act,  rule,  order  or  decision  of 
the  head  of  a  fire  department,  or  other  person  or  persons  act- 
ing or  purporting  to  act  under  authority  derived  from  this 


450  Acts,  1945.  —  Chaps.  461,  462. 

chapter,  except  section  five,  or  any  rule  or  regulation  there- 
under, may  appeal  to  the  marshal,  who  shall  make  all  neces- 
sary and  proper  orders  thereon,  but  only  in  so  far  as  the 
appeal  presents  a  direct  question  of  fire  or  explosion  hazard. 
Such  appeal  shall  be  filed  with  the  marshal  not  later  than 
ten  days  following  the  act,  rule,  order  or  decision  appealed 
from.  Approved  June  25,  1945. 

ChapAQl  An  Act  establishing  the  compensation  op  the  mem- 
bers OF  the  city  council  op  the  city  op  boston. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  forty-nine  of  chapter  four  hundred 
and  eighty-six  of  the  acts  of  nineteen  hundred  and  nine,  as 
amended  by  section  one  of  chapter  three  hundred  and  forty- 
eight  of  the  acts  of  nineteen  hundred  and  thirty,  is  hereby 
further  amended  by  striking  out,  in  the  second  line,  the 
words  "two  thousand"  and  inserting  in  place  thereof  the 
words:  —  thirty-five  hundred,  —  so  as  to  read  as  follows:  — 
Section  49.  Each  member  of  the  city  council  shall  be  paid 
an  annual  salary  of  thirty-five  hundred  dollars;  and  no  other 
sum  shall  be  paid  from  the  city  treasury  for  or  on  account 
of  any  personal  expenses  directly  or  indirectly  incurred  by 
or  in  behaK  of  any  member  of  said  council. 

Section  2.  This  act  shall  be  submitted  for  acceptance 
to  the  qualified  voters  of  the  city  of  Boston  at  the  biennial 
municipal  election  to  be  held  in  said  city  in  the  current  year 
in  the  form  of  the  following  question,  which  shall  be  placed 
upon  the  official  ballot  to  be  used  at  said  election:  —  "Shall 
an  act  passed  by  the  general  court  in  the  current  year,  en- 
titled 'An  Act  establishing  the  compensation  of  the  mem- 
bers of  the  city  council  of  the  city  of  Boston',  be  accepted?" 
If  a  majority  of  the  votes  cast  on  said  question  is  in  the 
affirmative,  this  act  shall  thereupon  take  full  effect  as  of  the 
first  Monday  of  January,  nineteen  hundred  and  forty-five, 
but  not  otherwise.  Approved  June  25,  1945. 

ChapAQ2  An  Act  to  increase  the  uniform  allowance  to  each 
commissioned  officer  and  to  each  warrant  officer 

OF  THE  organized  MILITIA  OP  THE  COMMONWEALTH. 

Be  it  enacted,  etc.,  as  follows: 

EdV33%i2o  Section  1.  Subdivision  (c)  of  section  one  hundred  and 
etc.",  amended. '  twcuty  of  chapter  thirty-threc  of  the  General  Laws,  as 
appearing  in  section  one  of  chapter  four  hundred  and  twenty- 
five  of  the  acts  of  nineteen  hundred  and  thirty-nine,  is  hereby 
amended  by  striking  out,  in  the  fifth  line,  the  word  "thirty- 
five"  and  inserting  in  place  thereof  the  word:  —  fifty,  —  so 
as  to  read  as  follows :  — 
Officers'  and  (c)  Thcio  shall  be  allowed  and  paid  by  the  common- 

offi'oMs'  wealth,  as  of  April  first  in  each  year,  to  each  commissioned 

aifowLnce.        officer,  and  to  each  warrant  officer,  who  served  as  such  for 


Acts,  1945.  —  Chaps.  463,  464.  461 

the  3^ear  preceding  said  date,  or  for  a  part  thereof,  a  sum  for 
uniform  allowance  computed  at  the  rate  of  fifty  dollars  for 
the  full  year,  upon  the  approval  of  the  adjutant  general  and 
of  the  intermediate  commanders  in  the  chain  of  command 
and  upon  their  certification  that  such  commissioned  ofiicer, 
or  such  warrant  officer,  has  served  for  the  whole  or  a  specified 
part  of  said  year  and  during  such  service  has  provided  him- 
self with  the  equipment  required  by  the  regulations. 

Section  2.     This  act  shall  take  effect  as  of  April  first,  Effective  date. 
nineteen  hundred  and  forty-five. 

Approved  June  B5,  1945. 

An  Act  further  regulating  the  service  of  notices  of  Phn^  4AQ 

CERTAIN   ORDERS  RELATIVE  TO   REMOVAL  OF   COMBUSTIBLE  ^' 

materials   from   CERTAIN   BUILDINGS. 

Be  it  enacted,  etc.,  as  follows: 

Section  five  of  chapter  one  hundred  and  forty-eight  of  g^^-  (Jw  ^ 
the  General  Laws,  as  appearing  in  the  Tercentenary  Edi-  amended.' 
tion,  is  hereby  amended  by  inserting  after  the  word  "agent" 
in  the  seventeenth  line  the  following:  —  by  a  member  of  the 
fire  or  police  department,  —  so  that  the  sentence  appearing 
in  the  sixteenth  and  seventeenth  lines  will  read  as  follows: 
—  Notice  of  such  order  shall  be  served  upon  the  owner,  service  of 
occupant  or  his  authorized  agent  by  a  member  of  the  fire  ^°^^'"^- 
or  police  department.  Approved  June  25,  19 45. 


An  Act  providing  that  certain  medical  reports  on  C/ia». 464 

FILE  WITH  THE  DEPARTMENT  OF  INDUSTRIAL  ACCIDENTS 
SHALL  BE  OPEN  TO  INSPECTION  BY  PARTIES  TO  PROCEED- 
INGS BEFORE  SUCH  DEPARTMENT. 

Be  it  enacted,  etc.,  as  follows: 

Section  twenty  of  chapter  one  hundred  and  fifty-two  of  ^dYiIf\2o 
the  General  Laws,  as  most  recently  amended  by  chapter  etc!, 'amended. ' 
three  hundred  and  forty  of  the  acts  of  nineteen  hundred  and 
thirty-five,  is  hereby  further  amended  by  striking  out,  in 
the  thirteenth  line,  the  word  "may"  and  inserting  in  place 
thereof  the  word :  —  shall,  —  so  as  to  read  as  follows :  — 
Section  20.     Copies  of  hospital  records  kept  in  accordance  Hospital 
with  section  seventy  of  chapter  one  hundred  and  eleven,  sfwe'^as  ^^™'^' 
certified  by  the  persons  in  custody  thereof  to  be  true  and  evidence. 
complete,  shall  be  admissible  in  evidence  in  proceedings 
before  the  department  or  any  member  thereof.     The  de- 
partment or  any  member,  before  admitting  any  such  copy 
in  evidence,  may  require  the  party  offering  the  same  to 
produce  the  original  record.     All  medical  records  and  re- 
ports of  hospitals,  clinics  and  physicians  of  the  insurer  or 
of  the  employee  shall  be  open  to  the  inspection  of  the  de- 
partment so  far  as  relevant  to  any  matter  before  it.     If 
such  a  report  is  on  file  with  the  department  it  shall  be  open 
%Q  the  inspection  of  any  party.      Approved  June  26,  1946. 


452 


Acts,  1945.  —  Chaps.  465,  466. 


ChapAQ5  An  Act  authorizing  the  removal  of  the  recorder  op 

THE  LAND  COURT  BY  THE  SUPREME  JUDICIAL  COURT. 

Be  it  enacted,  etc.,  as  follows: 

Section  four  of  chapter  two  hundred  and  eleven  of  the 
General  Laws,  as  appearing  in  the  Tercentenary  Edition,  is 
hereby  amended  by  adding  at  the  end  the  words :  —  ,  or  the 
recorder  of  the  land  court,  —  so  as  to  read  as  follows :  — 
Section  4-  A  majority  of  the  justices  may,  if  in  their  judg- 
ment the  public  good  so  requires,  remove  from  office  a  clerk 
of  the  courts  or  of  their  own  court;  and  if  sufficient  cause 
is  shown  therefor  and  it  appears  that  the  public  good  so 
requires,  may,  upon  a  bill,  petition  or  other  process,  upon  a 
summary  hearing  or  otherwise,  remove  a  clerk  of  the  supe- 
rior court  in  Suffolk  county,  or  of  a  district  court,  a  county 
commissioner,  sheriff,  register  of  probate  and  insolvency 
or  district  attorney,  or  the  recorder  of  the  land  court. 

Approved  June  25,  1945. 


G.  L.  (Ter. 
Ed.),  211,  §  4, 
amended. 


Removal  of 
certain  officere. 


G.  L.  (Tor. 
Ed.),  54,  §  SC, 
amended. 


Absent  voters 
may  vote, 


when. 


C/iap. 466  An  Act  authorizing  absent  voting  by  persons  who  are 

UNABLE   BY   REASON   OF   PHYSICAL   DISABILITY   TO   VOTE   IN 
PERSON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  fifty-four  of  the  General  Laws  is 
hereby  amended  by  striking  out  section  eighty-six,  as  ap- 
pearing in  the  Tercentenary  Edition,  and  inserting  in  place 
thereof  the  following  section :  —  Section  86.  Any  voter  who 
on  the  day  of  the  biennial  state  election  is  absent  from  the 
city  or  town  where  he  is  registered  or  who  will  be  unable  by 
reason  of  physical  disability  to  cast  his  vote  in  person  at  the 
polling  place,  and  whose  application  for  an  official  absent  vot- 
ing ballot  has  been  filed  with  the  city  or  town  clerk  as  pro- 
vided in  section  eighty-nine,  or  with  the  state  secretary  as 
provided  in  section  ninety,  and  certified  under  section  ninety- 
one,  may  vote  in  accordance  with  sections  eighty-seven  to 
one  hundred  and  three,  inclusive;  provided,  that  a  voter 
who  is  in  a  penal  institution  under  sentence  shall  not  be 
entitled  or  permitted  to  avail  himself  of  the  provisions  of 
this  and  the  seventeen  following  sections;  and  provided,  fur- 
ther, that  a  voter  who  will  be  unable  by  reason  of  physical 
disability  to  cast  his  vote  in  person  at  the  polling  place  shall 
file  with  the  city  or  town  clerk  with  his  application  for  an 
official  absent  voting  ballot  a  certificate  executed  by  a  regis- 
tered physician,  registered  nurse,  superintendent  of  a  hos- 
pital or  like  institution  or  a  practitioner  of  the  Christian 
Science  Church,  stating  that  the  voter  will  be  unable  by 
reason  of  physical  disability  to  cast  his  vote  in  person  at 
the  polling  place  on  the  day  of  election. 

Section  2.  Clause  (6)  of  section  eighty-seven  of  said 
chapter  fifty-four,  as  amended  by  section  one  of  chapter 
four  hundred  and  four  of  the  acts  of  nineteen  hundred  and 


G.  L.  (Ter. 
Ed.),  54.  §  87, 
etc.,  amended. 


Acts,  1945.  —  Chap.  466.  453 

thirty-six,  is  hereby  further  amended  by  inserting  before  the 
certificate  of  the  registrars  of  voters  the  following :  — 

(If  unable  by  reason  of  physical  disability  to  cast  his  vote  in  person  Preparation 
at  the  polling  place,  the  applicant  will  sign  the  following:)  of  absent 

voting  ballots, 

I  hereby  certify  that  I  will  be  unable  by  reason  of  physical  disabiUty  applications, 
to  cast  my  vote  in  person  at  the  polhng  place  on  the  day  of  the  election.  ^^'^^ 

(Signature)  (Date) 

Certificate  of  Physician,  Hospital  Superintendent,  Registered 
Nurse  or  Christian  Science  Practitioner. 

I, certify  that  the 

applicant ,  personally  known  to 

me,  will  by  reason  of  physical  disability  be  unable  to  cast  liis  vote  at 
the  polling  place  on  the  day  of  the  election. 

Name  , 

Residence 

Designation 

Section  3.  Clause  (c)  of  said  section  eighty-seven,  as  g.  l.  (Ter. 
most  recently  amended  by  section  nine  of  chapter  one  of  ^tt^'amendfd. 
the  acts  of  nineteen  hundred  and  forty-four,  is  hereby  fur- 
ther amended  by  striking  out  the  first  paragraph  of  the  first 
affidavit,  as  appearing  in  section  two  of  chapter  two  hun- 
dred and  seventy-nine  of  the  acts  of  nineteen  hundred  and 
forty-one,  and  inserting  in  place  thereof  the  following  para- 
graph :  — 

State  of  ,  Preparation 

n\         ±        e  of  absent 

County  of  ,  SS.  voting  baUots, 

I,  ,  do  solemnly  swear  that  I  am  a  registered  voter  applications, 

in  the  city  or  town  of  ,  Massachusetts,  in  pre- 

cinct ,  ward  ,  that  the  place  where  I  now  am  is  not 

the  municipality  in  which  I  am  a  registered  voter,  or  that  I  will  be 
unable  by  reason  of  physical  disability  to  cast  my  vote  in  person  at 
the  polling  place  on  the  day  of  the  election;  that  I  have  carefully  read 
the  instructions  forwarded  to  me  with  the  ballot  herein  enclosed,  and 
that  I  have  marked,  enclosed  and  sealed  the  within  ballot  as  stated 
hereon  by  the  person  taking  my  oath. 

(Signature) 

Section  4.     Said   chapter   fifty-four   is   hereby   further  g.  l.  (Ter. 
amended  by  striking  out  section  ninety-two,  as  most  re-  ^tl! 'amended. 
cently  amended  by  section  one  of  chapter  two  hundred  and 
seventy-nine  of  the  acts  of  nineteen  hundred  and  forty-one, 
and  inserting  in  place  thereof  the  following  section :  —  Sec-  Method  of 
Hon  92.    A  voter  who  has  received  an  official  absent  voting  ^°*'"s. 
ballot  as  provided  in  section  eighty-nine  may  vote  by  mail- 
ing the  same  to  the  city  or  town  clerk,  or,  if  on  the  day  of 
the  biennial  state  election  he  will  be  on  the  high  seas  in  the 
prosecution  of  the  business  of  fishing  or  as  a  mariner,  by  de- 
livering the  same  to  such  clerk.    He  shall  mark  said  ballot 
in  the  presence  of  an  official  authorized  by  law  to  administer 
oaths,  and  of  no  other  person,  in  a  municipality  other  than 
the  city  or  town  wherein  the  voter  is  registered,  or  in  the 
municipality  wherein  he  is  registered  in  case  he  applied  for 
said  ballot  because  he  would  be  unable  by  reason  of  physical 
disability  to  cast  his  vote  in  person  at  the  polling  place  on 


454  Acts,  1945. —  Chap.  466. 

election  day,  or,  if  on  the  day  of  the  biennial  state  election 
he  will  be  on  the  high  seas  in  the  prosecution  of  the  business 
of  fishing  or  as  a  mariner,  he  may  mark  said  ballot  in  the 
presence  of  the  city  or  town  clerk,  and  of  no  other  person, 
in  the  municipality  wherein  he  is  registered.  Before  mark- 
ing the  ballot  he  shall  exhibit  it  to  said  official,  who  shall 
satisfy  himself  that  it  is  unmarked,  but  he  shall  not  allow 
said  ofiicial  to  see  how  he  marks  it.  Said  official  shall  hold 
no  communication  with  the  voter,  nor  he  with  said  official, 
as  to  how  he  is  to  vote.  Thereafter  the  voter  shall  enclose 
and  seal  the  same  in  the  proper  envelope  provided  for  by 
clause  (c)  of  section  eighty-seven.  He  shall  then  execute 
before  said  official  the  necessary  affidavit  on  said  envelope 
as  set  forth  in  said  clausCrfc),  and  shall  enclose  and  seal  the 
envelope  with  the  ballot  *n  the  envelope  provided  for  in 
clause  (d)  of  said  section,  endorse  thereon  his  name,  address 
and  voting  place,  and  mail  the  same  within  the  time  pre- 
scribed in  section  ninety-three,  postage  prepaid,  at  a  post  of- 
fice in  a  municipality  other  than  the  city  or  town  wherein  the 
voter  is  registered,  or  in  any  municipality  in  case  he  appHed 
for  said  ballot  because  he  would  be  unable  by  reason  of 
physical  disabiUty  to  cast  his  vote  in  person  at  the  polling 
place  on  election  day,  or,  if  on  the  day  of  the  biennial  state 
election  he  will  be  on  the  high  seas  in  the  prosecution  of  the 
business  of  fishing  or  as  a  mariner,  may  deliver  the  same 
within  the  time  so  prescribed  to  the  clerk  of  the  munici- 
pality wherein  he  is  registered. 

Any  ballot  which  was  applied  for  by  a  voter  because  he 
would  be  unable  by  reason  of  physical  disabihty  to  cast  his 
vote  in  person  at  the  polling  place  at  an  election  shall  be 
defective  if  the  official  in  whose  presence  it  was  marked  and 
before  whom  the  affidavit  required  was  executed  is  a  candi- 
date for  office  at  such  election. 
G.L.(Ter  SECTION  5.     Scction  niiiety-five  of  Said  chapter  fifty-four, 

etc.; 'amended,  as  amended  by  section  six  of  chapter  four  hundred  and  four 
of  the  acts  of  nineteen  hundred  and  thirty-six,  is  hereby 
further  amended  by  inserting  after  the  word  "be"  in  the 
thirty-first  line  the  following  sentence :  —  If  he  finds  an 
envelope  to  bear  an  affidavit  executed  in  violation  of  section 
ninety-two  before  an  official  who  is  a  candidate  for  election 
at  the  election,  he  shall  not  open  the  envelope,  but  shall 
mark  across  the  face  thereof  "Rejected  as  defective", — 
Duties  of  so  as  to  read  as  follows :  —  Section  95.  Immediately  after 
etc?  ^°^  °  ''^'^^'  the  closing  of  the  polls,  and  after  the  ballots  oast  have  been 
removed  from  the  ballot  box,  the  warden  or  his  deputy  in 
each  polling  place  shall  open  all  envelopes  delivered  to  him 
under  the  preceding  section,  and  shall  compare  the  signa- 
tures on  the  envelopes  therein  enclosed  with  the  signatures 
on  the  applications  attached  thereto,  except  in  the  case  of 
ballots  prepared  under  section  ninety-eight,  and  shall  ex- 
amine the  postmarks,  if  any,  and  affidavits.  If  the  affidavits 
are  properly  executed,  and  if  the  postmarks,  if  any,  and 
affidavits,  or  in  case  the  postmarks,  if  any,  are  illegible,  the 


Acts,  1945. —  Chap.  467.  455 

affidavits,  sufficiently  disclose  that  the  ballots  were  executed 
and  mailed  or  delivered  in  accordance  with  sections  eighty- 
six  to  one  hundred  and  three,  inclusive,  and  if  the  signatures 
on  the  affidavits  of  the  voters  appear  to  be  executed  by  the 
same  persons  who  signed  the  applications,  and  to  be  the 
signatures  of  duly  registered  voters  who  have  not  voted  at 
the  election,  he  shall  make  public  announcement  of  the  names 
of  the  absent  voters,  open  the  envelopes  in  such  manner  as 
not  to  destroy  the  affidavits  thereon,  take  out  the  ballots 
without  unfolding  them,  or  permitting  them  to  be  opened  or 
examined,  and,  after  checking  the  names  of  the  absent  voters 
on  the  voting  list,  shall  deposit  the  ballots  in  the  ballot  box. 
If  he  finds  an  envelope  to  bear  an  affidavit  improperly  exe- 
cuted, or  not  signed  by  the  person  who  signed  the  accom- 
panying application,  or  if  the  voter  whose  name  appears 
thereon  is  not  a  registered  voter  or  has  voted  in  person,  he 
shall  not  open  the  envelope,  but  shall  mark  across  the  face 
thereof  "Rejected  as  defective",  "Rejected  as  not  a  voter", 
"Voted  in  person",  as  the  case  may  be.  If  he  finds  an 
envelope  to  bear  an  affidavit  executed  in  violation  of  section 
ninety-two  before  an  official  who  is  a  candidate  for  election 
at  the  election,  he  shall  not  open  the  envelope,  but  shall 
mark  across  the  face  thereof  "Rejected  as  defective".  All 
envelopes,  opened  or  unopened,  shall  be  retained  with  the 
ballots  cast  at  the  election,  and  preserved  and  destroyed  in 
the  manner  provided  by  law  for  the  retention,  preservation 
or  destruction  of  official  ballots.  The  tally  sheets  in  use  at 
elections  shall  provide  in  convenient  form  for  the  recording 
thereon  of  all  envelopes,  as  well  as  all  accepted  or  rejected 
ballots  of  absent  voters. 

Section  6.  Section  ninety-eight  of  said  chapter  fifty-  g.  l.  (Ter. 
four,  as  appearing  in  the  Tercentenary  Edition,  is  hereby  ^mended.^  ^^' 
amended  by  inserting  after  the  word  "record"  in  the  second 
line  the  words :  — ,  a  clerk  or  assistant  clerk  of  a  city  or 
town  of  the  commonwealth,  or  a  notary  public  or  justice  of 
the  peace  commissioned  in  the  commonwealth,  —  so  as  to 
read  as  follows :  —  Section  98.  An  absent  voter  unable  to 
mark  his  ballot  may  have  it  marked  for  him  by  the  clerk  of  Proceedings 

./.  J  11  •ixii/'  -i  i  when  absent 

a  court  of  record,  a  clerk  or  assistant  clerk  of  a  city  or  town  voter  cannot 
of  the  commonwealth,  or  a  notary  public  or  justice  of  the  ™"''  '^'^"°*- 
peace  commissioned  in  the  commonwealth,  who  shall  add 
in  writing  to  the  jurat  a  statement  of  the  fact  that  the  voter 
is  unable  to  write,  stating  the  reason  therefor,  and  shall  sign 
the  voter's  name  on  both  envelopes. 

Approved  June  25,  1946. 

An  Act  helative  to  the  admission  of  voluntary  pa-  Chap. 4:Q7 

TIENTS  TO  STATE  SCHOOLS  FOB  THE  FEEBLE  MINDED. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  twenty-three  of  the  General  Edti23^§47 
Laws  is  hereby  amended  by  striking  out  section  forty-  etc!, 'amended. ' 
seven,   as  amended  by  section  nineteen  of  chapter  four 


456 


Acts,  1945.  —  Chaps.  468,  469. 


Voluntary 
admission  of 
certain  feeble 
minded 
persons. 


hundred  and  eighty-six  of  the  acts  of  nineteen  hundred  and 
thirty-eight,  and  inserting  in  place  thereof  the  following 
section:  —  Section  47.  The  superintendent  of  any  of  the 
state  schools  mentioned  in  sections  forty-five  and  forty-six 
may,  at  his  discretion,  receive  any  feeble  minded  person 
from  any  part  of  the  commonwealth  upon  application  being 
made  therefor  by  the  parent  or  guardian  of  such  person, 
which  application  shall  be  accompanied  by  the  certificate 
of  a  physician,  qualified  as  provided  in  section  fifty-three, 
that  such  person  is  deficient  in  mental  ability,  and  that  in 
the  opinion  of  the  physician  he  is  a  fit  subject  for  said 
school.  The  physician  who  makes  the  said  certificate  shall 
have  examined  the  alleged  feeble  minded  person  within  ten 
days  of  his  signing  and  making  oath  to  the  certificate.  Such 
papers  shall  be  void  if  such  person  shall  not  be  received  at 
the  school  within  sixty  days  from  the  date  of  the  signing  of 
the  medical  certificate.  The  superintendent  of  any  of  said 
state  schools  may  also,  at  his  discretion,  receive  any  person 
from  any  part  of  the  commonwealth  upon  the  written  re- 
quest of  his  parent  or  legal  guardian,  and  may  detain  him 
for  observation  for  a  period  not  exceeding  thirty  days,  to 
determine  whether  he  is  feeble  minded. 

Approved  June  25,  1945. 


ChapA68  An   Act   requiring   employers   and   certain   insurers 
WHO  maintain  clinics,  dispensaries  or  hospitals  for 

THE  TREATMENT  OF  INJURED  EMPLOYEES  TO  FURNISH 
SUCH  INJURED  EMPLOYEES,  UPON  REQUEST,  WITH  COPIES 
OF  REPORTS  OF  ALL  MEDICAL  EXAMINATIONS  THEREAT. 


G.  L.  (Ter. 
Ed.),  152, 
new  §  20A, 
added. 
Medical 
records  of 
certain  in- 
jured 
employees. 


Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  fifty-two  of  the  General  Laws 
is  hereby  amended  bj''  inserting  after  section  twenty  the 
following  section:  —  Section  20 A.  Any  employer  who  main- 
tains a  clinic,  dispensary  or  hospital  for  the  treatment  of 
injured  employees  and  any  insurer  who  maintains  a  clinic, 
dispensary  or  hospital  for  the  treatment  of  injured  em- 
ployees of  any  insured  shall,  upon  request  of  any  injured 
employee  attending  such  a  clinic,  dispensary  or  hospital,  or 
of  his  attorney,  furnish  such  employee  or  his  attorney,  at 
cost,  with  copies  of  reports  of  all  medical  examinations  of 
the  injured  employee  made  while  at  such  clinic,  dispensary 
or  hospital,  showing  the  history  obtained,  the  nature  of  the 
treatment  given  or  prescribed,  the  diagnosis  and  the  prog- 
nosis. Approved  June  25,  1945. 


C/iap. 469  An  Act  providing  for  bills  of  exceptions  in  probate 

PROCEEDINGS. 


G.  L.  (Ter. 
Ed.),  215,  §  9, 
amended. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  nine  of  chapter  two  hundred  and 
fifteen  of  the  General  Laws,  as  appearing  in  the  Tercen- 
tenary Edition,  is  hereby  amended  by  adding  at  the  end 


Acts,  1945.  —  Chaps.  470,  471.  457 

the  following  sentence :  —  In  lieu  of  an  appeal  a  person  Exceptions 
aggrieved  may  allege  exceptions  as  provided  in  section  one  Sit'^ecfin 
hundred  and  thirteen  of  chapter  two  hundred  and  thirty-  appeal^" 
one. 

Section  2.     This  act  shall  take  effect  on  March  first,  Effective  date. 
nineteen  hundred  and  forty-six.     Approved  June  25,  1945. 


An  Act  defining  certain  terms  as  used  in  the  laws  C J lav .470 

RELATING   TO    FIRE    PREVENTION. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  of  chapt(3i-  one  hundred  and  forty-eight  of  the  g.  l.  (Ter. 
General  Laws,  as  amended,  is  hereby  further  amended  by  ^tc'!'amf Acted 
striking  out  the  paragraph  defining  "Head  of  the  fire  de- 
partment", included  in  lines  nine  to  fourteen,  inclusive,  as 
appearing  in  the  Tercentenary  Edition,  and  inserting  in 
place  thereof  the  following  paragraph: —  ''Head  of  the  fire  -Head  of  the 
department",  the  chief  executive  officer  of  the  fire  depart-  ^'^Int"^'^*' 
ment  in  a  city,  town  or  fire  district  having  such  an  officer,  defined. 
otherwise  the  fire  commissioner,  board  of  fire  commissioners 
or  fire  engineers,  or  commissioner  of  public  safety;   and,  in 
towns  not  having  a  fire  department,  the  chief  engineer,  if 
any,  otherwise  the  chairman  of  the  board  of  selectmen,  — 
and  by  inserting  at  the  end  the  following  three  paragraphs :  — 

"Board",  the  board  of  fire  prevention  regulations  estab-  "Board", 
lished  under  section  fourteen  of  chapter  twenty-two.  defmod. 

"Building",  a  combination  of  any  materials,  whether  "Building", 
portable  or  fixed,  having  a  roof,  to  form  a  structure  for  the  '^''^''^'^■ 
shelter  of  persons,  animals  or  property.  For  the  purpose  of 
this  definition  "roof"  shall  include  an  awning  or  any  similar 
covering,  whether  or  not  permanent  in  nature.  The  word 
"building"  shall  be  construed  where  the  context  allows  as 
though  followed  by  the  words  "or  part  or  parts  thereof". 

"Structure",  a  combination  of  materials  assembled  at  a  "structure" 
fixed  location  to  give  support  or  shelter,  such  as  a  building,  '^'^*^"®'^- 
framework,  retaining  wall,  tent,  reviewing  stand,  platform, 
bin,  fence,  sign,  flagpole,  mast  for  radio  antenna  or  the  like. 
The  word  "structure"  shall  be  construed,  where  the  context 
allows,  as  though  followed  by  the  words  "or  part  or  parts 
thereof".  Approved  June  25,  1945. 

An  Act  relative  to  the  construction  of  certain  main  (JliQ/n  471 

AND    particular    SEWERS    IN    THE    EASTERLY    SECTION    OF 
THE   CITY   OF   MELROSE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Melrose,  acting  through  its  board 
of  aldermen,  is  hereby  authorized  to  assess  upon  the  owners 
of  estates  which  derive  particular  benefit  or  advantage  from 
any  system  of  main  drains  and  common  sewers  which  may 
be  constructed  by  said  city,  with  or  without  the  aid  of  fed- 
eral funds,  in  that  portion  of  the  easterly  section  of  said 


468  Acts,  1945. —  Chap.  471. 

city  shown  on  a  plan  entitled  "plan  Showing  Proposed  Sewer 
Extensions  in  Easterly  Section  of  Melrose,  Mass.,  Public 
Works  Department,  City  of  Melrose,  November  15,  1944, 
Glen  S.  Weeks,  Engineer  &  Supt.",  sums  equal,  in  the  aggre- 
gate, to  not  more  than  one  half  of  so  much  of  the  cost  of 
such  construction  as  is  paid  by  said  city  from  funds  other 
than  those  made  available  by  the  federal  government,  at  a 
fixed  uniform  rate  according  to  both  frontage  and  area,  as 
authorized  by  section  fifteen  of  chapter  eighty-three  of  the 
General  Laws,  any  provision  of  any  general  or  special  law  or 
of  any  ordinance  of  said  city  to  the  contrary  notwithstanding. 

Section  2.  Assessments  unJer  section  one  shall  be  levied 
and  collected  in  accordance  with  the  provisions  of  chapter 
eighty-three  of  the  General  Laws;  provided,  that  such  as- 
sessments shall  bear  interest  from  the  thirtieth  day  after  the 
assessments  have  been  committed  to  the  collector  at  a  rate 
not  more  than  one  per  cent  in  excess  of  the  rate  which  said 
city  shall  pay  for  any  loan  incurred  for  the  purposes  of  said 
sewerage  system,  and  that  in  no  event  shall  such  assess- 
ments bear  interest  at  a  rate  of  more  than  two  and  one  fourth 
per  cent;  and,  provided  further,  that  the  maximum  number 
of  portions  into  which  the  assessments  may  be  apportioned 
under  section  thirteen  of  chapter  eighty  of  the  General  Laws 
shall  be  twenty  instead  of  ten.  Interest  on  any  amount  of 
such  assessments  remaining  unpaid  shall  be  computed  in  the 
manner  hereinbefore  provided. 

Section  3.  The  time  of  the  payment  of  assessments 
made  under  this  act  may  be  extended  as  provided  in  section 
nineteen  of  said  chapter  eighty-three;  provided,  that  when- 
ever the  time  for  the  payment  of  any  assessment  is  so  ex- 
tended for  a  definite  period  and  the  land  to  which  such  as- 
sessment relates  is  not  built  upon  at  the  expiration  of  such 
time,  the  time  may  be  further  extended  as  determined  by 
the  board  of  aldermen.  If  the  time  for  pa5Tnent  of  assess- 
ments is  so  extended,  no  demand  for  payment  thereof  shall 
be  made  by  the  collector  within  six  months  after  the  termi- 
nation of  such  definite  period  or  after  such  land  is  built  upon, 
whichever  occurs  first,  and  within  said  six  months  the  assess- 
ments may  be  apportioned  under  said  section  thirteen  of 
chapter  eighty  of  the  General  Laws,  as  affected  by  section 
two  of  this  act. 

Section  4.  The  said  city  of  Melrose,  acting  through  its 
engineer  and  superintendent  of  public  works,  may,  upon  ap- 
plication of  the  owner  of  any  estate  abutting  on  any  way 
where  a  sewer  is  constructed  in  the  easterly  section  of  said 
city  referred  to  in  section  one  of  this  act,  lay  in  such  sewered 
way  and  in  the  private  land  of  such  owner  such  particular 
sewer  or  connecting  drain  as  may  be  necessary  to  connect 
any  building  on  such  estate  with  such  main  drain  or  sewer, 
and  said  officer  may  make  all  necessary  contracts  in  the  name 
of  and  in  behalf  of  said  city  for  such  purpose.  The  expense 
thereof  shall  be  paid  out  of  any  appropriation  that  may  be 
made  by  the  board  of  aldermen  therefor. 


Acts,  1945.  —  Chap.  472.  459 

Section  5.  The  cost  of  constructing  each  particular  sewer 
or  connecting  drain  shall  be  assessed  by  the  said  engineer  and 
superintendent  of  public  works  upon  the  estate  benefited 
thereby.  Such  assessment  shall  be  made  by  fihng  with  the 
board  of  assessors  of  the  city  a  certificate,  designating  the 
way  and  the  private  land  in  which  such  particular  sewer  or 
connecting  drain  has  been  constructed,  and  giving  the  name 
or  names  of  the  owners  of  the  estate  for  which  such  connec- 
tion has  been  made  and  the  amount  of  the  assessment  to  be 
paid  by  such  owner  or  owners.  A  copy  or  duplicate  of  this 
certificate  shall,  within  ten  days  after  the  filing  of  the  same 
with  the  board  of  assessors,  be  recorded  in  the  registry  of 
deeds  for  the  southern  district  for  the  county  of  Middlesex, 
or,  in  the  case  of  registered  land,  filed  in  the  office  of  the 
assistant  recorder  for  the  Middlesex  county  registry  district. 
The  board  of  assessors  shall,  upon  receipt  of  such  certificate, 
forthwith  commit  such  assessments  or  charges  with  their 
warrant  to  the  collector  of  taxes,  who  shall  forthwith  make 
a  demand  in  writing  for  the  payment  of  such  assessments  or 
charges,  and  every  owner  shall,  within  three  months  after 
such  demand  is  served  upon  him  or  upon  the  occupant  of 
the  estate,  or  sent  by  mail  to  the  last  known  address  of  the 
owner  known  to  the  collector  of  taxes,  pay  to  the  collector 
of  taxes  the  sum  assessed  or  charged  under  this  section. 

Section  6.  Except  as  herein  provided,  the  provisions  of 
general  law  relative  to  the  assessment,  apportionment,  divi- 
sion, reassessment,  abatement  and  collection  of  sewer  assess- 
ments, to  hens  therefor  and  to  interest  thereon  shall  apply 
to  assessments  for  particular  sewers  made  under  this  act.  In  • 
applying  said  provisions  to  assessments  so  made  for  particu- 
lar sewers,  the  notice  therein  referred  to  shall  be  deemed  to 
be  the  demand  of  the  tax  collector  required  by  section  five 
hereof.  The  hen  for  any  assessment  for  particular  sewers 
made  under  this  act  shall  attach  upon  the  recording  or  filing 
for  registration  of  the  copy  or  duplicate  of  the  certificate  of 
assessment. 

Section  7.  This  act  shall  take  full  effect  upon  its  accept- 
ance, within  two  years  after  its  passage,  by  the  board  of 
aldermen  of  the  city  of  Mebose,  subject  to  the  provisions  of 
its  charter,  but  not  otherwise.       Approved  June  25,  1945. 


An  Act  clarifying  the   meaning  of   "inspector"   in  ChapA72 

CERTAIN   building   LAWS. 

Be  it  enacted,  etc,  as  follows: 

Section  fifty  of  chapter  one  hundred  and  forty-three  of  ^j^-  ^J^^-.  ^ 
the  General  Laws,  as  appearing  in  the  Tercentenary  Edi-  amended.' 
tion,  is  hereby  amended  by  adding  at  the  end  the  following 
sentence:  —  The  word  "inspector",  as  used  in  this  section, 
shall  include  an  inspector  of  buildings  of  a  city  or  town,  or 
of  a  district  referred  to  in  section  three,  —  so  as  to  read  as 
follows :  —  Section  50.    Any  person  who  hinders  or  prevents  Penalty  for 


460 


Acts,  1945.  —  Chaps.  473,  474. 


hinderiiiK 
inspector, 
etc. 


"Inspector' 
defined. 


or  attempts  to  prevent  the  commissioner  of  public  safety, 
the  chief  of  inspections  of  the  department  or  any  inspector 
from  entering  any  building,  structure  or  enclosure  or  part 
thereof  in  the  performance  of  his  duty  in  the  enforcement 
of  the  laws  of  the  commonwealth  relating  thereto  shall  be 
punished  by  a  fine  of  not  less  than  fifty  nor  more  than  one 
hundred  dollars.  The  word  "inspector",  as  used  in  this 
section,  shall  include  an  inspector  of  buildings  of  a  city  or 
town,  or  of  a  district  referred  to  in  section  three. 

Approved  June  25,  1945. 


ChapA7S  An  Act  providing  a  general  penalty  for  violations 

OF  LAWS  RELATIVE  TO  INSPECTION  AND  REGULATION  OF 
buildings  for  which  no  SPECIFIC  PENALTY  IS  PRO- 
VIDED. 

Be  it  enacted,  etc.,  as  follows: 

Ed^"  143 "^i  16       Chapter  one   hundred   and   forty-three   of   the   General 
etc!, 'amended.'  Laws  is  hereby  amended  by  striking  out  section  sixteen,  as 
amended  by  section  three  of  chapter  five  hundred  and  forty- 
four  of  the  acts  of  nineteen  hundred  and  forty-three,  and 
inserting  in  place  thereof  the  following  section :  —  Section 
Penalty.  16.     If  uo  Other  penalty  for  the  violations  hereinafter  re- 

ferred to  is  provided  in  this  chapter,  whoever  erects,  con- 
structs or  makes  alteration  in  a  building,  or  draws  plans  or 
specifications,  or  superintends  the  erection,  construction  or 
alteration  of  a  building  in  violation  of  sections  three  A  to 
sixty,  inclusive,  shall  be  punished  by  a  fine  of  not  less  than 
fifty  nor  more  than  one  thousand  dollars. 

Approved  June  25,  1945. 


G.  L.  (Ter. 
Ed.),  143, 
§  21A,  etc., 
amended. 


Chap.4:74:  An   Act   further    clarifying    the    laws    relating   to 

DOORWAYS  AND  WINDOWS  REQUIRED  AS  EXITS  OR  AS 
MEANS  OF  EGRESS  AND  TO  THE  NUMBER  AND  LOCATION 
OF   MEANS    OF   EGRESS    FROM    CERTAIN    BUILDINGS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  twenty-one  A  of  chapter  one  hun- 
dred and  forty-three  of  the  General  Laws,  inserted  therein 
by  section  three  of  chapter  five  hundred  and  forty-six  of 
the  acts  of  nineteen  hundred  and  forty-three,  is  hereby 
amended  by  striking  out  all  down  to  and  including  the 
word  "assembly"  in  the  fifth  line  and  inserting  in  place 
thereof  the  following :  —  All  doorways  and  windows  which 
an  inspector  deems  necessary  in  any  building  subject  to 
section  twenty-one,  or  which  the  licensing  officer  may 
require  under  section  thirty-four,  or  which  by  rules  and 
regulations  authorized  by  section  three  B  are  required  in 
places  of  assembly,  as  such  term  is  defined  in  section  one, 
either  as  exits  or  as  means  of  egress,  —  so  as  to  read  as 
follows:  —  Section  21  A.  All  doorways  and  windows  which 
an  inspector  deems  necessary  in  any  building  subject   to 


Safety  devices 
for  doorways 
and  windows. 


Acts,  1945. —  Chap.  474.  461 

section  twenty-one,  or  which  the  licensing  officer  may  re- 
quire under  section  thirty-four,  or  which  by  rules  and  regu- 
lations authorized  by  section  three  B  are  required  in  places 
of  assembly,  as  such  term  is  defined  in  section  one,  either  as 
exits  or  as  means  of  egress,  shall  not  be  so  equipped  as  to 
be  locked,  bolted  or  otherwise  fastened  so  that  they  cannot 
be  opened  from  the  inside  by  the  use  of  the  ordinary  door 
knob  or  by  pressure  on  the  door  or  window  or  on  a  panic 
release  device,  so  called.  Any  place  of  assembly,  as  defined 
in  section  one,  which  is  wholly  or  partly  below  the  ground 
level  shall  have  at  least  two  means  of  egress  directly  to  the 
ground  or  street  level,  such  means  of  egress  to  be  located  at 
points  as  widely  separated  from  one  another  as  may  be 
reasonably  feasible. 

Section  2.  Said  chapter  one  hundred  and  forty-three  is  g.  l.  (Ter. 
hereby  further  amended  by  striking  out  section  twenty-  ^tcii'ameided^' 
eight,  as  amended  by  section  three  of  chapter  five  hundred 
and  forty-four  of  the  acts  of  nineteen  hundred  and  forty- 
three,  and  inserting  in  place  thereof  the  following  section :  — 
Section  28.  The  inspectors  shall  from  time  to  time  examine  Certificate 
all  buildings  within  their  respective  jurisdictions  which  are  of  ii^spection. 
used  as  places  of  assembly  or  which  are  subject  to  sections 
fifteen  to  sixty,  inclusive.  If  in  the  judgment  of  any  such 
inspector  such  building  conforms  to  the  requirements  rela- 
tive to  places  of  assembly  or  to  the  requirements  of  said 
sections  for  buildings  of  its  class,  as  the  case  may  be,  he  shall 
issue  to  the  owner,  lessee  or  occupant  thereof  a  certificate 
to  that  effect,  specifying  the  number  of  persons  for  whom 
the  egresses  and  means  of  escape  from  fire  are  sufficient. 
Such  certificate  shall  continue  in  force  for  not  more  than  five 
years  after  its  date,  but  while  in  force  it  shall  be  conclusive 
evidence  of  a  compliance  with  said  sections  by  the  person 
to  whom  it  is  issued.  It  shall  be  void  if  a  greater  number  of 
persons  than  is  therein  specified  are  accommodated  or  em- 
ployed, or  assemble,  lodge  or  reside  within  such  building  or 
portion  thereof,  or  if  such  building  is  used  for  any  purposes 
materially  different  from  the  purpose  for  which  it  was  used 
at  the  time  of  the  granting  thereof,  or  if  its  interior  ar- 
rangement is  materially  altered,  or  if  any  egresses  or  means 
of  escape  from  fire  in  such  building  at  the  time  of  granting 
the  said  certificate  are  rendered  unavailable  or  are  mate- 
rially changed.  The  certificate  may  be  revoked  by  an  in- 
spector at  any  time  upon  written  notice  to  the  holder  thereof 
or  to  the  occupant  of  the  premises  for  which  it  was  granted, 
and  shall  so  be  revoked  if,  in  the  opinion  of  the  inspector, 
circumstances  have  so  changed  that  the  existing  egresses 
and  means  of  escape  are  not  proper  and  sufficient.  A  copy 
of  said  certificate  shall  be  kept  posted  in  a  conspicuous 
place  upon  each  story  of  such  building  by  the  occupant  of 
the  premises  covered  thereby.        Approved  June  S5,  1945. 


462  Acts,  1945.  —  Chaps.  475,  476. 


Chap. 47 5  An  Act  providing  for  a  permanent  third  assistant 

REGISTER  OF  PROBATE  FOR  THE  COUNTY  OF  ESSEX. 

Emergency  Whereas,  The  deferred  operation  of  this  act  would  in  part 

pream  e.  defeat  its  purpose,  which  is  to  assist  the  probate  court  re- 
ferred to  by  making  possible  the  immediate  appointment  of 
a  permanent  additional  assistant  register  of  probate  therein, 
therefore  this  act  is  hereby  declared  to  be  an  emergency  law, 
necessary  for  the  immediate  preservation  of  the  public  con- 
venience. 

Be  it  enacted,  etc.,  as  follows: 

G.  L.  (Ter.  Section  1.     Chapter  two  hundred  and  seventeen  of  the 

new  §^25 A,        General  Laws  is  hereby  amended  by  inserting  after  section 
added.  tweuty-five,  as  appearing  in  the  Tercentenary  Edition,  the 

assistant  followiug  scctiou :  —  Section  25 A.     The  judges  of  probate 

Es^lx^county.  ^^^  *^^  county  of  Esscx  may  appoint  a  third  assistant  regis- 
ter for  said  county,  who  shall  hold  office  for  three  years, 
unless  sooner  removed  by  the  judges.  He  shall  be  subject 
to  the  laws  relative  to  assistant  registers. 

Section  2.    Chapter  five  hundred  and  ten  of  the  acts  of 
nineteen  hundred  and  forty-three  is  hereby  repealed. 

Approved  June  26,  1945. 


Chap. 47^  An  Act  establishing  the  salary  of  the  justice  of  the 

MUNICIPAL   COURT   OF   THE    BRIGHTON    DISTRICT. 

Be  it  enacted,  etc.,  as  follows: 

G.  L.  (Ter.  Section  1.    Scctiou  seventy-six  of  chapter  two  hundred 

etc., 'amended. '  and  eighteen  of  the  General  Laws,  as  most  recently  amended 
by  section  sixty  of  chapter  four  hundred  and  fifty-one  of 
the  acts  of  nineteen  hundred  and  thirty-nine,  is  hereby  fur- 
ther amended  by  inserting  after  the  word  "court"  in  the 
fifth  fine  the  words :  —  of  the  Brighton  district  shall  be  fifty- 
six  hundred  dollars  and  the  salary  of  the  justice  of  the  mu- 
Saiaries  in  nicipal  court,  —  SO  as  to  read  as  follows :  —  Section  76.  The 
coi^te!  °*''^'^  salary  of  the  justice  of  the  Boston  juvenile  court  shall  be 
five  thousand  dollars,  and  that  of  the  clerk  of  said  court  an 
amount  equal  to  seventy-five  per  cent  of  the  salary  of  the 
justice.  The  salary  of  the  justice  of  the  municipal  court  of 
the  Brighton  district  shall  be  fifty-six  hundred  dollars  and 
the  salary  of  the  justice  of  the  municipal  court  of  the  Charles- 
town  district  and  of  the  justice  of  the  municipal  court  of 
the  South  Boston  district  shall  be  forty-five  hundred  dol- 
lars. The  salaries  of  the  justices  of  the  following  district 
courts  shall  severally  be  as  follows:  First  district  court  of 
Barnstable,  twenty-seven  hundred  dollars;  second  district 
court  of  Essex,  twenty-four  hundred  dollars ;  second  district 
court  of  Plymouth,  thirty-two  hundred  dollars;  third  dis- 
trict court  of  Plymouth,  twenty-five  hundred  dollars;  fourth 
district  court  of  Plymouth,   twenty-five  hundred  dollars; 


Acts,  1945.  —  Chaps.  477,  478.  463 

district  court  of  Peabody,  three  thousand  dollars;    district 
court  of  eastern  Hampshire,  twenty-one  hundred  dollars. 
Section  2,    This  act  shall  take  effect  upon  its  passage.       Effective  date. 

Approved  June  26,  1945. 

An  Act  further  regulating  the  marking  of  cast  iron  ChavA77 

HOT   WATER    FRONTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  seventeen  of  chapter  one  hundred  and  forty-two  g.  l.  (Ter. 
of  the  General  Laws,  as  most  recently  amended  by  section  ^tc^^'amraded!^' 
one  of  chapter  five  hundred  and  eighteen  of  the  acts  of  nine- 
teen hundred  and  forty-one,  is  hereby  further  amended  by 
adding  at  the  end  the  following  paragraph :  — 

Notwithstanding  the  requirements  of  the  preliminary  para-  Marking  of 
graph  and  paragraphs  A  to  D,  inclusive,  of  this  section,  the  watU'^fronts 
markings  therein  referred  to  shall  not  be  required,  in  the  case  "njw'Jenl'in 
of  cast  iron  hot  water  fronts,  so  called,  to  be  stamped  into  conditions. 
the  metal  thereof  or  to  be  stamped  on  a  metal  plate  perma- 
nently attached  thereto;    provided,  that  any  manufacturer 
or  wholesaler  selling  such  hot  water  fronts  within  the  com- 
monwealth shall  in  writing  certify  to  the  department  of  pub- 
lic safety  that  every  such  water  front  sold  by  him  complies 
with  the  pertinent  provisions  of  law. 

Approved  June  26,  1945. 

An  Act  providing  that  the  certificate  of  an  inspec-  (JJ^q/jj  47g 

TOR    SHALL   BE    VOID    UNDER    CERTAIN    CIRCUMSTANCES. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  forty-three  of  the  General  Laws  g.  l.  (Ter. 
is  hereby  amended   by  striking  out  section  fifty-two,   as  ftc! amlnded^' 
amended  by  section  three  of  chapter  five  hundred  and  forty- 
four  of  the  acts  of  nineteen  hundred  and  forty-three,  and 
inserting  in  place  thereof  the  following  section :  —  Section  Penalty  for 
52.     No  person  shall  occupy  or  use  any  building  or  part  "se^ar^^'' 
thereof  as  a  theatre,  special  hall,  public  hall,  miscellaneous  theatre,  etc. 
hall  or  schoolhouse  until  a  license  therefor  has  been  issued 
by  the  commissioner  or  a  certificate  therefor  by  an  inspector, 
whichever  is  required  under  this  chapter.     A  certificate  of 
the  inspector,  so  long  as  it  continues  in  force,  shall  be  con- 
clusive evidence  of  a  compliance  with  sections  fifteen  to  sixty, 
inclusive,  for  such  use  of  a  hall  as  he  shall  set  forth  in  the 
certificate,  and  shall  be  conspicuously  posted  near  the  main 
entrance  of  the  hall.    It  shall  be  void  if  a  greater  number  of 
persons  than  is  therein  specified  are  accommodated  or  em- 
ployed, or  assemble,  lodge  or  reside  within  such  building  or 
part  thereof,  or  if  such  building  is  used  for  any  purpose  mate- 
rially different  from  the  purpose  for  which  it  was  used  at  the 
time  of  the  granting  of  the  certificate,  or  if  its  interior  ar- 
rangement is  materially  altered,  or  any  egresses  or  means 
of  escape  from  fire  from  such  building  are  rendered  unavail- 


464 


Acts,  1945.  —  Chaps.  479,  480. 


able  or  are  materially  changed.  Violations  of  this  section 
or  of  the  conditions  of  a  license  or  certificate  shall  be  pun- 
ished by  a  fine  of  not  less  than  twenty-five  nor  more  than 
one  thousand  dollars  or  by  imprisonment  for  not  more  than 
one  year,  and  the  license  or  certificate  may  be  revoked. 

Approved  June  26,  1945. 


Chap .479  An  Act  providing  for  the  issuance  of  certain  permits 

BY   THE    HEAD    OF   THE    FIRE    DEPARTMENT, 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  forty-eight  of  the  General  Laws 
is  hereby  amended  by  striking  out  section  ten  A,  inserted 
therein  by  chapter  seventy-five  of  the  acts  of  nineteen  hun- 
dred and  thirty-two,  and  inserting  in  place  thereof  the  follow- 
ing section :  —  Section  10 A.  The  head  of  the  fire  department 
m  each  city,  town  or  fire  district  shall  grant,  in  accordance 
with  the  rules  and  regulations  of  the  board,  such  permits 
for  use  in  such  city,  town  or  fire  district  as  may  be  required 
by  such  rules  and  regulations,  and  make  such  inspections 
therein,  and  have  and  exercise  such  powers  and  duties  in 
connection  therewith,  as  the  marshal  may  direct.  The  head 
of  the  fire  department  shall  keep  a  record  of  every  permit 
so  issued,  and  shall  furnish  the  marshal  with  such  infor- 
mation in  respect  to  such  permits  as  he  may  require.  A 
fee  of  not  more  than  fifty  cents  may  be  charged  by  the  head 
of  the  fire  department  for  any  permit  granted  under  author- 
ity of  this  section,  and  any  such  permit  may  be  revoked  for 
cause  by  him  or  by  the  marshal. 

The  clerk  of  each  city  and  town  shall  annually,  not  later 
than  April  first,  transmit  to  the  commissioner  in  writing  the 
name  and  official  address  of  the  head  of  the  fire  department 
in  his  city  or  town,  or  in  the  fire  district  or  districts  in  which 
his  town  is  located  or  which  is  or  are  established  within 
his  town.  Approved  June  26,  1945. 


G.  L.  (Ter. 
Ed.),  148, 
§  lOA,  etc., 
amended. 


Granting  of 
certain  per- 
mits and 
making 
certain  in- 
spections by 
municipal 
officers  as 
the  marshal 
may  direct. 


Chap. 4:80  An  Act  further  defining,  and  adding  definitions  of, 

CERTAIN  TERMS  AS  USED  IN  THE  LAWS  RELATING  TO  SAFETY 
OF   PERSONS   IN    BUILDINGS. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  of  chapter  one  hundred  and  forty-three  of 
the  General  Laws,  as  amended,  is  hereby  further  amended 
by  striking  out  the  paragraph  defining  "Alteration"  in  the 
fourth  line,  as  appearing  in  the  Tercentenary  Edition, 
and  inserting  in  place  thereof  the  following  paragraph :  — 
"Alteration",  change  in  or  addition  to  a  building  which 
reduces  the  means  of  exit  or  fire  resistance  or  changes  its 
structural  support,  use  or  occupancy,  —  by  adding  after  the 
paragraph  defining  "Alteration"  the  following  two  para- 
graphs:—  "Building",  a  combination  of  any  materials, 
whether  portable  or  fixed,  having  a  roof,  to  form  a  struc- 


G.  L.  (Ter. 
Ed.),  143,  §  1, 
etc.,  amended. 


Definitions. 


Acts,  1945.  —  Chap.  480.  465 

ture  for  the  shelter  of  persons,  animals  or  property.  For 
the  purpose  of  this  definition  "roof"  shall  include  an  awn- 
ing or  any  similar  covering,  whether  or  not  permanent  in 
nature.  The  word  "building"  shall  be  construed  where  the 
context  requires  as  though  followed  by  the  words  "or  part 
or  parts  thereof". 

"Commissioner",  the  commissioner  of  public  safety, — 
by  striking  out  the  paragraph  defining  "Inspector",  as 
amended  by  section  seven  B  of  chapter  five  hundred  and 
forty-four  of  the  acts  of  nineteen  hundred  and  forty-three, 
and  inserting  in  place  thereof  the  following  paragraph :  — 
"Inspector",  an  inspector  of  the  division  of  inspection  of 
the  department;  provided,  that  in  the  sections  referred  to 
in  section  thirty-three  "inspector"  shall  mean  an  inspector 
of  buildings  of  a  city,  town  or  district  referred  to  in  section 
three  if  the  provisions  of  said  section  thirty-three  relative 
thereto  so  indicate;  and  provided,  further,  that  in  sections 
sixty-three  to  sixty-six,  inclusive,  "inspector"  shall  include 
a  building  inspector  of  a  city  or  town  or  an  inspector  of  a 
district  referred  to  in  section  three,  —  by  striking  out  the 
paragraph  defining  "Place  of  assembly",  inserted  therein 
by  section  one  of  chapter  five  hundred  and  forty-six  of  the 
acts  of  nineteen  hundred  and  forty-three,  and  inserting  in 
place  thereof  the  following  paragraph: —  "Place  of  assem- 
bly", any  building  designed,  constructed,  reconstructed,  re- 
modeled, altered,  used,  or  intended  to  be  used,  for  fifty  or 
more  persons  to  assemble  therein  for  any  of  the  following: 
—  Dance  halls;  cabarets;  restaurants,  including  the  type 
of  restaurant  commonly  known  as  a  night  club;  all  places 
in  which  alcoholic  beverages  are  sold  or  for  sale  to  be  con- 
sumed on  the  premises;  any  room  or  space  used  for  public 
or  private  banquets,  feasts,  dances,  socials,  card  parties,  or 
weddings  or  religious  services  except  in  the  case  of  funerals 
in  private  homes;  lodge  and  meeting  halls  or  rooms;  skat- 
ing rinks;  gymnasiums;  swimming  pools;  billiard,  pool, 
bowling  and  table  tennis  rooms;  halls  or  rooms  used  for 
public  or  private  catering  purposes;  funeral  parlors;  rec- 
reation rooms;  broadcasting  studios;  school  and  college 
auditoriums;  and  all  other  places  of  similar  occupancy. 
Nothing  in  this  paragraph  shall  apply  to  a  single  family  or 
two-family  dwelling,  or  to  a  place  of  incarceration  or  deten- 
tion, a  convent,  a  monastery,  a  church,  a  synagogue,  a 
theatre,  a  special  hall,  a  public  hall  or  a  schoolhouse,  — 
by  striking  out  the  paragraph  defining  "Public  building", 
in  the  fifteenth  to  the  seventeenth  lines,  inclusive,  as  ap- 
pearing in  the  Tercentenary  Edition,  and  inserting  in  place 
thereof  the  following  paragraph: —  "Pubhc  building",  any 
building  oi;  part  thereof  used  as  a  public  or  private  institu- 
tion, schoolhouse,  church,  theatre,  special  hall,  public  hall 
or  miscellaneous  hall,  —  and  by  inserting  after  the  para- 
graph defining  "Story",  as  appearing  in  the  Tercentenary 
Edition,  the  following  paragraph: — "Structure",  a  com- 
bination of  materials  assembled  at  a  fixed  location  to  give 


466  Acts,  1945.  —  Chaps.  481,  482. 

support  or  shelter,  such  as  a  building,  framework,  retaining 
wall,  tent,  reviewing  stand,  platform,  bin,  fence,  sign,  flag- 
pole, mast  for  radio  antenna  or  the  like.  The  word  "struc- 
ture" shall  be  construed,  where  the  context  allows,  as  though 
followed  by  the  words  "or  part  or  parts  thereof". 

Approved  June  26,  1945. 

ChapASl  An  Act  requiring,  under  certain  circumstances,  that 

THE     basement     OF     A     MERCANTILE     ESTABLISHMENT     BE 
EQUIPPED   WITH   AUTOMATIC   SPRINKLERS. 

Be  it  enacted,  etc.,  as  follows: 

Edo.'  i48,'^*§  26,  Section  twenty-six  of  chapter  one  hundred  and  forty- 
amended.'  '  eight  of  the  General  Laws,  as  appearing  in  the  Tercentenary 
Edition,  is  hereby  amended  by  inserting  after  the  word 
"Any"  in  the  first  line  the  following:  —  basement  of  a  mer- 
cantile establishment,  any,  - —  so  as  to  read  as  follows :  — 
Automatic  Scction  26.  Any  basement  of  a  mercantile  establishment, 
any  building  used  in  whole  or  in  part  for  the  business  of 
woodworking,  or  for  the  business  of  manufacturing  or  work- 
ing upon  wooden,  basket,  rattan  or  cane  goods  or  articles,  or 
tow,  shavings,  excelsior,  oakum,  rope,  twine,  string,  thread, 
bagging,  paper,  paper  stock,  cardboard,  rags,  cotton  or 
linen,  or  cotton  or  linen  garments  or  goods,  or  mbber,  feath- 
ers, paint,  grease,  soap,  oil,  varnish,  petroleum,  gasoline, 
kerosene,  benzine,  naphtha  or  other  inflammable  fluids  or 
compounds,  and  any  building  used  in  whole  or  in  part  for 
the  business  of  keeping  or  storing  any  such  goods  or  articles 
except  in  such  small  quantities  as  are  usual  for  domestic  use 
or  for  use  in  connection  with  and  as  incident  to  some  busi- 
ness other  than  such  keeping  or  storing,  shall,  upon  the  order 
of  the  marshal,  be  equipped  with  automatic  sprinklers;  pro- 
vided, that  no  such  order  shall  apply  to  any  building  unless 
four  or  more  persons  live  or  are  usually  employed  therein 
above  the  second  floor.  Approved  June  26,  1946. 


Chap. 4:82  An  Act  clarifying  the  powers  and  duties  of  certain 

OFFICERS  and  BOARDS  RELATIVE  TO  PLACES  OF  ASSEMBLY. 

Be  it  enacted,  etc.,  as  follows: 

Ed)"iS^'^§3A       Section  1.    Chapter  one  hundred  and  forty-three  of  the 
etc., 'amended.'  General  Laws  is  hereby  amended  by  striking  out  section 
three  A,  inserted  by  section  two  of  chapter  five  hundred  and 
forty-four  of  the  acts  of  nineteen  hundred  and  forty-three, 
and  inserting  in  place  thereof  the  following  section :  —  Sec- 
Certain  mu-      tion  3 A .    For  the  purpose  of  enforcing  the  laws,  ordinances, 
to'^lfe^dre^^'er    by-laws  and  rules  and  regulations  relative  to  places  of  as- 
agents.'^et?.!      scmbly  the  ofl&cer  or  board  of  a  city,  town  or  district  in  which 
sk.ne?^S'^"        the  provisions  of  section  three  are  in  force,  who,  under  sec- 
pubiic  safety,     ^q^  thrcc,  or  under  any  ordinance,  by-law  or  rule  or  regula- 
tion authorized  thereunder,  is  charged  with  the  duty  of  in- 
specting, or  issuing  permits  for,  the  construction,  alteration, 


Acts,  1945.  —  Chap.  482,  467 

repair,  height,  area,  location  or  use  of  buildings  or  other 
structures  within  the  limits  of  such  city,  town  or  district, 
shall  be  the  authorized  representative  of  the  commissioner 
for  the  enforcement  of  such  laws  relating  to  places  of  assem- 
bly as  he  may,  under  sections  three,  three  B,  three  D,  three  G 
and  twenty-one  B,  or  any  of  said  sections,  or  any  ordinance, 
by-law  or  rule  or  regulation  authorized  thereunder,  have  the 
duty  to  enforce,  and  for  the  enforcement  of  such  provisions 
of  this  chapter  as,  under  section  thirty-three,  may  be  the 
duty  of  such  officer  or  board.  In  any  city  in  which  the  pro- 
visions of  section  three  are  not  in  force,  an  inspector  of  the 
division  of  inspection  shall  be  the  authorized  representative 
of  the  commissioner  for  the  purpose  of  enforcing  all  laws, 
and  all  ordinances,  rules  and  regulations,  relative  to  places 
of  assembly  therein.  If  there  is  no  such  officer  or  board  in 
a  town  which  is  not  within  such  a  district,  the  board  of  select- 
men thereof  shaU  be  the  authorized  representative  for  the 
purpose  of  enforcing,  except  as  otherwise  provided,  all  laws, 
and  all  by-laws,  rules  and  regulations  relative  to  places  of 
assembly  therein. 

Section  2.    Said  chapter  one  hundred  and  forty-three  is  g.  l.  (Ter. 
hereby  further  amended  by  striking  out  section  three  D,  etc..  amended. ' 
inserted  by  said  section  two  of  said  chapter  five  hundred  and 
forty-four,  and  inserting  in  place  thereof  the  following  sec- 
tion:—  Section  3D.     The  commissioner,  or  his  authorized  inspection  of 
representative  referred  to  in  section  three  A,  may  inspect  at  assembly. 
any  time  any  theatre,  special  hall,  public  hall,  schoolhouse, 
church  or  any  building,  portion  of  a  building  or  room  in 
which  any  place  of  assembly  is  located,  for  the  purpose  of 
ascertaining  whether  or  not  there  is  or  has  been  a  violation 
of  any  law,  rule  or  regulation,  ordinance  or  by-law  relative 
to  places  of  assembly,  and  shall  report  any  such  violation  to 
the  officer  or  board  charged  with  the  duty  of  the  enforce- 
ment thereof. 

The  commissioner  may  require  that  an}^  building,  portion 
of  a  building  or  room  which,  by  reason  of  use  or  occupancy, 
may  be  deemed  to  be  a  place  of  assembly  shall  comply  with 
all  pertinent  provisions  of  the  laws,  rules  and  regulations, 
ordinances  and  by-laws  relative  to  such  places  of  assembly, 
and  may  order  any  such  authorized  representative  to  take 
any  action  which  the  commissioner  deems  necessary  to  com- 
pel comphance  with  any  provision  with  the  duty  of  the  en- 
forcement of  which,  under  sections  three,  three  A  and  three 
B,  or  any  of  said  sections,  said  representative  is  charged. 

Notwithstanding  the  above,  nothing  in  this  chapter,  ex- 
cept as  otherwise  provided  in  section  three,  shall  limit  the 
authority  or  responsibility  of  any  such  representative  con- 
ferred or  imposed  upon  him  by  ordinance  or  by-law  or,  in  a 
district  provided  for  by  section  three,  by  rule  or  regulation. 

Section  3.    Said  chapter  one  hundred  and  forty-three  is  g.  l.  (Ter. 
hereby  further  amended  by  striking  out  section  three  G,  in-  ^tc!!'amended.' 
serted  by  said  section  two  of  said  chapter  five  hundred  and 
forty-four,  and  inserting  in  place  thereof  the  following  sec- 


468 


Acts,  1945.  —  Chap.  482. 


Maximum 
number  of 
persona  to  be 
permitted 
in  place  of 
assembly. 


G.  L.  (Ter. 
Ed.),  143, 
§  21B,  etc., 
amended. 


Use  of  revolv- 
ing doors  in 
places  of  publi 
assembly 
prohibited. 


Penalty. 


Notice. 


tion :  —  Section  3G.  The  authorized  representative  of  the 
commissioner,  referred  to  in  section  three  A,  shall  determine 
the  maximum  number  of  persons  to  be  permitted  in  any 
place  of  assembly  at  any  one  time,  and  said  representative 
shall  order  the  owner,  tenant,  lessee  or  occupant  to  post 
within  such  building  or  portion  of  the  building  within  which 
such  place  of  assembly  is  located,  as  he  deems  necessary,  a 
placard  or  placards,  setting  forth  the  maximum  number  of 
persons  to  be  permitted  to  assemble  therein.  Every  such 
placard  shall  be  of  such  size  and  form  as  may  from  time  to 
time  be  prescribed  by  the  commissioner. 

Section  4.  Section  twenty-one  B  of  said  chapter  one 
hundred  and  forty-three,  inserted  by  section  three  of  chap- 
ter five  hundred  and  forty-six  of  the  acts  of  nineteen  hun- 
dred and  forty-three,  is  hereby  further  amended,  by  striking 
out  the  last  sentence  of  the  first  paragraph  and  inserting  in 
place  thereof  the  following  sentence:  —  The  authorized  rep- 
resentativ^e  of  the  commissioner,  as  referred  to  in  section 
three  A,  in  the  city,  town  or  district  in  which  such  nuisance 
exists,  shall  order  the  owner  or  occupant,  being  the  party  in 
control  thereof,  at  his  own  expense,  to  remove  such  nuisance 
within  twentj^-four  hours,  or  within  such  other  time  as  he 
or  it  considers  reasonable,  after  notice.,  —  by  striking  out, 
in  the  second  line,  the  word  "forty-five"  and  inserting  in 
place  thereof  the  word :  —  forty-six,  —  by  striking  out  in  the 
last  sentence  of  the  second  paragraph  the  words  "the  board 
or  officer"  and  inserting  in  place  thereof  the  words:  —  such 
authorized  representative,  —  and  by  striking  out  in  the  last 
paragraph  the  words  "the  board  or  officer"  and  inserting  in 
place  thereof  the  words:  —  such  authorized  representative, 
—  so  as  to  read  as  follows:  —  Section  SIB.  Whoever,  after 
July  first,  nineteen  hundred  and  forty-six,  installs  as  a  means 
of  ingress  to  or  egress  from  any  place  of  assembly,  as  defined 
in  section  one,  in  any  building  or  part  thereof,  a  revolving 
door,  so  called ,  or  after  the  expiration  of  sixty  days  from  said 
.July  first,  maintains  or  uses  a  revolving  door  as  a  means  of 
ingress  to  or  egress  from  any  place  of  assembly,  as  so  defined, 
in  any  building  or  part  thereof,  shall  be  punished  by  a  fine 
of  not  more  than  five  hundred  dollars  or  by  imprisonment 
for  not  more  than  one  year,  or  by  both  such  fine  and  im- 
prisonment; and  any  revolving  door,  so  called,  which  is  in- 
stalled, maintained  or  used  in  violation  of  the  foregoing  shall 
be  deemed  a  common  nuisance,  without  other  proof  thereof 
than  proof  of  its  installation,  maintenance  or  use,  as  the 
case  may  be.  The  authorized  representative  of  the  commis- 
sioner, as  referred  to  in  section  three  A,  in  the  city,  town  or 
district  in  which  such  nuisance  exists,  shall  order  the  owner 
or  occupant,  being  the  party  in  control  thereof,  at  his  own 
expense,  to  remove  such  nuisance  within  twenty-four  hours, 
or  within  such  other  time  as  he  or  it  considers  reasonable, 
after  notice. 

Such  order  shall  be  in  writing  and  may  be  served  person- 
ally on  the  owner  or  occupant,  being  the  party  in  control,  or 


Acts,  1945.  ~  Chap.  483.  469 

his  authorized  agent  by  any  person  authorized  to  serve  civil 
process;  or  a  copy  of  the  order  may  be  left  at  the  last  and 
usual  place  of  abode  of  the  owner  or  occupant,  being  the 
party  in  control,  or  his  agent,  if  he  is  known  and  within  the 
commonwealth.  If  the  premises  are  unoccupied  and  the  resi- 
dence of  the  owner  or  agent  is  unknown  or  is  without  the 
commonwealth,  such  authorized  representative  may  order 
the  notice  to  be  served  by  posting  it  on  the  premises  and  by 
advertising  it  in  one  or  more  newspapers. 

If  the  owner  or  occupant,  being  the  party  in  control,  fails 
to  comply  with  such  order,  such  authorized  representative 
may  cause  the  nuisance  to  be  removed,  and  all  expenses  in- 
curred thereby  shall  be  paid  by  the  person  who  caused  or 
permitted  the  same.  Approved  June  26,  194-5. 


An  Act  limiting  the  time  during  which  certain  pro-  (JJiav  483 

VISIONS  OF  the  general  LAWS  RELATING  TO  NON-CON- 
TRIBUTORY PENSIONS  MAY  BE  ACCEPTED  BY  CITIES,  TOWNS 
AND   DISTRICTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter   thirty-two   of   the   General   Laws  g.  l.  (Ter. 
is  hereby  amended  by  striking  out  section  forty-five,  as  ap-  ^mend«i.^  ^^' 
pearing  in  the  Tercentenary  Edition,  and  inserting  in  place 
thereof  the  following :  —  Section  L.5.    Section  forty-four  shall  Municipal 

'='  1111  1-  pensions  for 

not  apply  to  Boston,  but  shall  apply  to  any  other  city  upon  school  janitors. 
its  acceptance  prior  to  January  first,  nineteen  hundred  and 
forty-six  by  the  mayor  and  city  council,  and  to  any  town 
upon  its  acceptance  prior  to  said  date  by  the  town  at  a 
meeting. 

Section  2.     Said   chapter  thirty-two  is  hereby  further  g.  l.  (Ter. 
amended  by  striking  out  section  sixty,  as  amended,  and  ftcil'amend^'. 
inserting  in  place  thereof  the  following  section :  —  Section  Acceptance  of 
60.     Sections  fifty-six  to  fifty-nine,  inclusive,  shall  not  take  fn^ufsiv^e^''' 
effect  in  any  county,  city,  town  or  district  unless  accepted 
prior  to  January  first,  nineteen  hundred  and  forty-six  by 
the  retiring  authority  of  the  particular  county,  city,  town  or 
district,  nor  shall  they  apply  to  veterans  who  are  members 
of  the  police  department  of  Boston.     No  veteran  whose 
employment  first  begins  after  June  thirtieth,  nineteen  hun- 
dred and  thirty-nine,  shaU  be  subject  to  the  provisions  of 
sections  fifty-six  to  fifty-nine,  inclusive. 

Section  3.     Said   chapter  thirty-two  is  hereby  further  g.  l.  (Ter. 
amended  by  striking  out  section  sixty  A,  as  amended,  and  fte  I'amencfed^' 
inserting  in  place  thereof  the  following  section :  —  Section  certain  army 
60 A.     A  person  who  has  served  as  an  army  nurse  in  the  pubUc  service 
Spanish    war    or    Philippine    insurrection    between    April  to  have  retire- 
twenty-first,  eighteen  hundred  and  ninety-eight  and  July  ^nai"^ 
fourth,  nineteen  hundred  and  two,  or  in  the  World  War  veterans. 
between  April  sixth,  nineteen  hundred  and  seventeen  and 
November  eleventh,  nineteen  hundred  and  eighteen,  and 
has  been  honorably  discharged  from  such  service  or  released 


470 


Acts,  1945.  —  Chap.  483. 


G.  L.  (Ter. 
Ed.).  32,  §  77. 
amended. 


Pensions  for 
laborers. 


G.  L.  (Ter. 
Ed.),  32,  §  77, 
etc., 
amended. 


Pensions 
for  laborers. 


G.  L.  (Ter. 
Ed.),  32,  §  78, 
etc.,  amended. 


from  active  duty  therein,  and  who  is  in  the  service  of  the 
commonwealth,  or  who  is  in  the  service  of  any  city,  town 
or  district  which  by  its  retiring  authority,  as  defined  in 
section  fifty-nine,  has  accepted  the  provisions  of  sections 
fifty-six  to  fifty-nine,  inclusive,  and  shall,  prior  to  January 
first,  nineteen  hundred  and  forty-six,  accept  the  provisions 
of  this  section,  shall  have  and  enjoy  the  same  rights  and 
privileges  of  retirement  as  are  conferred  by  said  sections 
fifty-six  to  fifty-nine,  inclusive,  upon  veterans,  as  defined  in 
section  fifty-six,  who  are  in  such  pubUc  service. 

No  army  nurse  whose  employment  begins  after  June 
thirtieth,  nineteen  hundred  and  thirty-nine,  shall  be  subject 
to  the  provisions  of  this  section. 

Section  3A.  Paragraph  (h)  of  section  seventy-seven  of 
said  chapter  thirty-two,  as  appearing  in  the  Tercentenary 
Edition,  is  hereby  amended  by  inserting  after  the  word 
"accepts"  in  the  first  line  the  words:  —  this  paragraph  prior 
to  January  first,  nineteen  hundred  and  forty-six,  —  so  as 
to  read  as  follows :  — 

(&)  In  any  such  city  or  town  which  accepts  this  paragraph 
prior  to  January  first,  nineteen  hundred  and  forty-six,  or 
has  accepted  this  paragraph  or  corresponding  provisions  of 
earlier  laws,  "laborers"  shall  include  foremen,  inspectors, 
mechanics,  draw  tenders,  assistant  draw  tenders  and  store- 
keepers, but  the  pension  payable  under  this  section  to  any 
person  holding  a  position  included  as  aforesaid  within  the 
meaning  of  the  word  "laborers"  shall  not  exceed  four  hun- 
dred dollars  a  year,  or,  in  any  such  city  or  town  which  after 
the  effective  date  of  chapter  four  hundred  and  fifty-eight 
of  the  acts  of  nineteen  hundred  and  twenty-three  accepted 
or  shall  accept  this  paragraph,  whether  or  not  it  had  accepted 
this  paragraph  or  corresponding  provisions  of  earlier  laws 
prior  to  said  date,  five  hundred  dollars  a  year. 

Section  3B.  Paragraph  (c)  of  said  section  seventy- 
seven  of  said  chapter  thirty-two,  inserted  by  section  two  of 
chapter  two  hundred  and  ninety  of  the  acts  of  nineteen 
hundred  and  thirty-six,  is  hereby  amended  by  inserting  after 
the  word  "paragraph"  in  the  third  line  the  words:  —  prior 
to  January  first,  nineteen  hundred  and  forty-six,  —  so  as 
to  read  as  follows :  — 

(c)  In  any  city  or  town,  except  Boston,  which  accepted 
said  chapter  five  hundred  and  three  and  shall  accept  this 
paragraph  prior  to  January  first,  nineteen  hundred  and  forty- 
six,  whether  or  not  it  has  accepted  the  preceding  paragraph 
or  corresponding  provisions  of  earlier  laws,  "laborers"  shall 
include  foremen,  inspectors,  mechanics,  draw  tenders,  as- 
sistant draw  tenders  and  storekeepers,  and  the  pension  pay- 
able under  this  section  to  any  person  holding  a  position 
included  as  aforesaid  within  the  meaning  of  the  word  "labor- 
ers" shall  be  computed  in  the  manner  set  forth  in  paragraph 
(a). 

Section  4.  Section  seventy-eight  of  said  chapter  thirty- 
two,  as  most  recently  amended  by  section  one  of  chapter 


Acts,  1945. —  Chap.  483.  471 

three  hundred  and  sixty-one  of  the  acts  of  nineteen  hundred 
and  thirty-nine,  is  hereby  further  amended  by  inserting  after 
the  word  "section"  in  the  fourth  Hne  the  words:  —  prior  to 
January  first,  nineteen  hundred  and  forty-six,  —  and  by 
striking  out  the  last  sentence  and  inserting  in  place  thereof 
the  following  sentence :  —  This  section  shall  take  effect  in 
any  fire,  water  or  sewerage  district  if  accepted  as  aforesaid 
by  the  district  at  a  meeting,  and  shall  take  effect  with  re- 
spect to  a  water  board  if  accepted  as  aforesaid  by  such  board, 
—  so  as  to  read  as  follows :  —  Section  78.  Any  laborer  em-  Laborers  in 
ployed  by  any  fire,  water  or  sewerage  district,  or  a  joint  fe^.'g^'^e^'"  '^^^ 
water  board  of  two  or  more  municipalities,  hereinafter  called,  ^I'stricts. 
a  water  board,  which  accepts  this  section  prior  to  January 
first,  nineteen  hundred  and  forty-six,  or  has  accepted  cor- 
responding provisions  of  earlier  laws,  who  has  reached  the 
age  of  sixty  and  has  been  in  the  employ  of  such  district  or 
water  board  for  not  less  than  twenty-five  years  and  has  be- 
come physically  or  mentally  incapacitated  for  labor,  and 
any  laborer  in  the  employ  of  any  such  district  or  water 
board  who  has  been  in  such  employ  for  a  period  of  not  less 
than  fifteen  years  and  has  become  physically  or  mentally 
incapacitated  for  labor  by  reason  of  any  injury  received  in  ' 
the  performance  of  his  duties  for  such  district  or  water  board, 
may,  at  his  request,  with  the  approval  of  the  prudential 
committee,  water  commissioners,  water  board  or  sewerage 
commissioners  be  retired  from  service;  and  if  so  retired  he 
shall  receive  from  the  district  or  water  board,  for  the  re- 
mainder of  his  fife,  an  annual  pension  equal  to  one  half  of 
the  average  annual  rate  of  regular  compensation  for  full 
time  service  paid  to  him  as  a  laborer  at  his  retirement.  Any 
laborer  in  the  employ  of  such  a  district  or  water  board  who 
has  reached  the  age  of  sixty-five  and  has  been  in  such  em- 
ploy for  not  less  than  twenty-five  years  shall  be  retired  from 
service,  and  shall  receive  from  the  district  or  water  board  an 
annual  pension  computed  in  the  manner  hereinbefore  set 
forth.  In  the  event  that  a  district  or  water  board  has  suc- 
ceeded or  shall  succeed  to  the  water  or  sewage  disposal  works 
of  any  city  or  town,  the  time  of  service  of  any  laborer  on 
any  such  works,  who  has  become  or  shall  become  an  em- 
ployee of  such  district  or  water  board,  shall  be  computed  as 
having  been  rendered  to  the  district  or  water  board.  This 
section  shall  take  effect  in  any  fire,  water  or  sewerage  dis- 
trict if  accepted  as  aforesaid  by  the  district  at  a  meeting, 
and  shall  take  effect  with  respect  to  a  water  board  if  ac- 
cepted as  aforesaid  by  such  board. 

Section  5.    Section  eighty  of  said  chapter  thirty-two,  as  g.  l.  (Ter. 
amended,  is  hereby  further  amended  by  inserting  after  the  ^tl!'am4nd!!i'. 
word  "section"  in  the  second  line,  as  appearing  in  section 
one  of  chapter  four  hundred  and  thirty-nine  of  the  acts  of 
nineteen  hundred  and  thirty-six,  the  words :  —  prior  to  Jan- 
uary first,  nineteen  hundred  and  forty-six,  —  so  as  to  read 
as  follows :  —  Section  80.     In  cities,  except  Boston,  which  Pensions  for 
accept  this  and  the  following  section  prior  to  January  first,  citlS^"* "" 


472 


Acts,  1945.  —  Chap.  483. 


C;.  L.  (Ter. 
Ed.).  32,  §  83, 
etc.,  amended. 


Pensions  for 
police  in 
cities. 


nineteen  hundred  and  forty-six,  or  have  accepted  correspond- 
ing provisions  of  earHer  laws  by  vote  of  the  city  council,  the 
fire  commissioner  in  cities  having  such  an  official,  otherwise 
the  aldermen,  in  all  cases  with  the  approval  of  the  mayor, 
shall  retire  from  active  service  and  place  upon  the  pension 
roll  any  fireman,  call  fireman  or  substitute  call  fireman  of 
the  city  whom  the  city  physician  certifies  in  writing  to 
be  permanently  disabled,  mentally  or  physically,  by  injuries 
sustained  or  illness  incurred  through  no  fault  of  his  own  in 
the  actual  performance  of  duty,  from  further  performing 
duty  as  such  member;  or  any  permanent  member  of  said 
department  who  has  performed  faithful  service  therein  for 
not  less  than  twenty-five  years  as  such  or  as  a  call  member 
and  permanent  member  of  said  department,  if  in  the  judg- 
ment of  said  board  or  official  such  member  is  disabled  for 
useful  service  in  the  department;  provided,  that  any  per- 
manent member  of  said  department  who  has  performed 
faithful  service  therein  for  twenty-five  years  as  aforesaid 
shall,  at  any  time  after  attaining  the  age  of  sixty  and  be- 
fore attaining  the  age  of  seventy,  be  retired  at  his  request 
and  shall,  on  attaining  the  age  of  seventy,  be  retired  with- 
out any  request  on  his  part,  and  no  other  permanent  mem- 
ber of  said  department  shall  remain  in  service  after  he  has 
attained  or  shall  attain  the  age  of  seventy.  Any  acceptance 
of  this  and  the  following  section  may  be  limited  by  the  vote 
of  acceptance  to  any  one  or  more  of  the  classes  of  firemen 
hereinbefore  set  forth. 

No  fireman  whose  employment  begins  after  June  thirtieth, 
nineteen  hundred  and  thirty-seven,  shall  be  subject  to  the 
provisions  of  this  section. 

Section  6.  Section  eighty-three  of  said  chapter  thirty- 
two,  as  amended,  is  hereby  further  amended  by  inserting 
after  the  word  "section"  in  the  third  line  the  words:  — 
prior  to  January  first,  nineteen  hundred  and  forty-six,  —  so 
as  to  read  as  follows:  —  Section  83.  In  every  city,  except 
Boston,  which,  by  vote  of  its  city  council,  accepts  this  sec- 
tion prior  to  January  first,  nineteen  hundred  and  forty-six, 
or  has  accepted  corresponding  provisions  of  earlier  laws,  the 
mayor  and  aldermen,  or  the  board  of  police  where  such  a 
board  is  established,  shall,  at  his  own  request  or  at  the  re- 
(juest  of  the  chief  or  superintendent  of  police  if,  in  the  judg- 
ment of  said  board  or  officer,  he  is  disabled  for  useful  service 
in  said  department,  retire  from  active  service  and  place  upon 
a  pension  roll  any  member  of  the  police  department  of  such 
city  whom  the  city  physician  of  such  city  certifies  in  writing 
to  be  permanently  disabled,  mentall}^  or  physically,  by  in- 
juries sustained  through  no  fault  of  his  own  in  the  actual 
performance  of  duty,  from  further  performing  duty  as  such 
member,  or  any  member  of  said  department  who  has  per- 
foi'Mied  faithful  service  therein  for  not  less  than  twenty  years 
continuously  if,  in  the  judgment  of  said  board  or  oflicer,  such 
member  is  disabled  for  useful  service  in  the  department; 
provided,  that  any  permanent  member  of  said  department 


Acts,  1945.  —  Chap.  483.  473 

who  has  performed  faithful  service  therein  for  twenty-five 
j'-ears  as  aforesaid  shall,  at  any  time  after  attaining  the  age- 
of  sixty  and  before  attaining  the  age  of  seventy,  be  retired  at 
his  request  and  shall,  on  attaining  the  age  of  seventy,  be 
retired  without  any  request  on  his  part,  and  no  other  perma- 
nent member  of  said  department  shall  remain  in  service 
after  he  has  attained  or  shall  attain  the  age  of  seventy. 
Every  member  so  retired  shall  annually  receive  as  a  pension 
one  half  the  amount  of  the  highest  compensation  paid  since 
May  first,  nineteen  hundred  and  thirty-one  for  the  grade 
held  by  him  at  his  retu-ement,  such  amount  to  be  paid  by 
the  city,  which  shall  appropriate  money  therefor. 

The  board  of  police,  or  the  mayor  in  cities  having  no  such 
board,  may  in  an  emergency  call  upon  any  person  so  pen- 
sioned for  such  temporary  service  in  the  department  as  he 
may  be  fitted  to  perform,  and  during  such  sefvice  he  shall 
be  entitled  to  full  pay. 

Section  7.     Section  eighty-four  of  said  chapter  thirty-  g.  l.  (ivr. 
two,  as  appearing  in  the  Tercentenary  Edition,  is  hereby  amenlli.^  ^^' 
amended  b}^  inserting  after  the  word  "section"  in  the  third 
line  the  words:  —  prior  to  January  first,  nineteen  hundred 
and  forty-six,  ■ —  so  as  to  read  as  follows:  —  Section  8.!^.    In  Retirement  of 
cities  which,  by  vote  of  the  city  council,  and  in  towns  which,  offi"^rs  in°^°*" 
by  vote  of  the  inhabitants  at  an  annual  town  meeting,  ac-  ^itie^  ^hf^jn 
cept  this  section  prior  to  January  first,  nineteen  hundred  no  pension 
and  forty-six,  or  have  accepted  corresponding  provisions  of  '^y^'^''"'^- 
earlier  laws,  and  which  have  not  established  a  system  of 
pensions  for  the  members  of  its  police  department,  the  board 
or  officer  having  authorit}^  to  make  appointments  to  the 
police  department  shall  retire  from  further  service  therein 
any  membei*  of  said  department  whom  the  city  or  town 
physician  and  two  other  physicians  certify  to  be  permanently 
incapacitated,  physically  or  mentally,  by  injuries  sustained 
in  the  actual  performance  of  duty  in  the  department.     A 
member  who  is  so  retired  shall  annually  receive  as  a  pension 
one  half  the  compensation  received  by  him  at  his  retirement. 

Section  8.     Section  eighty-five  of  said  chapter  thirty- g.  l.  (Ter. 
two,  as  amended,  is  hereby  further  amended  by  inserting  ^to^! 'amended, 
after  the  word  "section"  in  the  second  line  the  words:  — 
prior  to  January  first,  nineteen  hundred  and  forty-six,  — 
so  that  the  first  sentence  will  read  as  follows :  —  The  select-  Acceptance 
men  of  every  town  which  accepts  this  section  prior  to  Jan-  sectfoi^. 
uary  first,  nineteen  hundred  and  forty-six,  or  has  accepted 
corresponding  provisions  of  earlier  laws  by  a  two  thirds  vote 
at  an  annual  town  meeting  shall  retire  from  active  service 
and  place  upon  the  pension  roll  any  permanent  member  of 
the  pohce  department  and  any  permanent  member  of  the 
fire  department  of  such  town  found  by  them  to  be  perma- 
nently incapacitated,  mentally  or  physically,  for  useful  serv- 
ice in  the  department  to  which  he  belongs,  by  injuries  re- 
ceived through  no  fault  of  his  own  in  the  actual  performance 
of  his  duty. 

Section  9.    Section  eighty-five  A  of  said  chapter  thirty-  o-  l.  (Ter. 

Ed.),  32,  §  85A 
etc.,  amended. 


474 


Acts,  1945. —  Chap.  483. 


Retirement  of 
call  members  of 
fire  depart- 
ments and 
certain  police 
officers  in 
certain  towns. 


G.  L.  (Ter. 
Ed.).  32,  §  85B. 
etc.,  amended. 


Retirement 
and  pensioninK 
of  certain 
members  of  the 
police  forces  of 
park  boards  of 
cities  and 
towns 
regulated. 


G.  L.  (Ter. 
Ed.),  32,  §  85D, 
etc.,  amended. 


two,  as  amended,  is  hereby  further  amended  by  inserting 
after  the  word  "section"  in  the  second  hne  the  words:  — 
prior  to  January  first,  nineteen  hundred  and  fortj'^-six,  —  so 
as  to  read  as  follows :  —  Section  85 A .  Upon  the  acceptance 
of  this  section  prior  to  January  first,  nineteen  hundred  and 
forty-six,  by  a  town  at  its  annual  town  meeting  by  a  two 
thirds  vote,  the  provisions  of  section  eighty-five  relative  to 
the  retirement  of  permanent  members  of  the  fire  department 
and  police  department  for  incapacity  shall  apply  to  call 
members  of  its  fire  department  and  to  police  officers  ap- 
pointed under  section  ninety-six  of  chapter  forty-one,  except 
that  a  person  retired  hereunder  shall  annually  receive  from 
the  town  a  pension  at  such  rate,  not  exceeding  five  hundred 
dollars  a  year,  as  the  town  may  authorize. 

Section  10.  Section  eighty-five  B  of  said  chapter  thirty- 
two,  insertecf  by  chapter  two  hundred  and  fifty-three  of  the 
acts  of  nineteen  hundred  and  thirty-two,  is  hereby  amended 
by  inserting  after  the  word  "section"  in  the  fifth  line  the 
words: — prior  to  January  first,  nineteen  hundred  and  forty- 
six,  —  so  as  to  read  as  follows :  —  Section  S5B.  The  board 
of  park  commissioners,  or  other  board  or  officer  exercising 
similar  powers,  in  scny  city  or  town  having  a  police  force 
serving  in  its  park  department  and  which  accepts  this  section 
prior  to  January  first,  nineteen  hundred  and  forty-six,  shall 
retire  from  active  service  and  place  upon  the  pension  roll 
any  permanent  member  of  said  police  force  found  by  it  or 
him  to  be  permanently  incapacitated,  mentally  or  physically, 
for  useful  seryice  therein,  by  injuries  received  through  no 
fault  of  his  own  in  the  actual  performance  of  his  duty.  Said 
board  or  officer  may  also  retire  and  place  upon  the  pension 
roll  any  permanent  member  of  said  police  force  who  has 
performed  faithful  service  therein  for  not  less  than  twentj' 
years  continuously,  and  is  not  less  than  sixty  years  old,  if, 
in  its  or  his  judgment,  such  member  is  permanent^  inca- 
pacitated for  further  service  therein.  If  a  permanent  mem- 
ber of  such  a  police  force  was,  prior  to  his  appointment 
thereto,  employed  in  said  city  or  town  as  a  regular  member 
of  its  police  department,  the  period  of  such  last-mentioned 
employment  shall  be  counted  as  a  part  of  his  continuous 
service  as  a  permanent  member  of  said  police  force.  Every 
person  so  retired  shall  annually  receive  from  the  city  or  town 
as  a  pension  a  sum  equal  to  one  half  the  amount  of  the  annual 
compensation  received  by  him  at  his  retirement.  Said 
board  or  officer  may,  in  case  of  emergency,  call  upon  any 
person  so  pensioned  for  such  temporary  service  as  a  member 
of  such  police  force  as  he  may  be  fitted  to  perform,  and  dur- 
ing such  service  he  shall  be  paid  the  difference  between  the 
rate  of  full  pay  for  such  employment  and  the  rate  of  pension 
received  by  him. 

Section  11.  Section  eighty-five  D  of  said  chapter  thirty- 
two,  inserted  by  chapter  two  hundred  and  twenty  of  the 
acts  of  nineteen  hundred  and  thirty-seven,  is  hereby  amended 
by  inserting  after  the  word  "section"  in  the  first  line  the 


Acts,  1945.  —  Chap.  484. 


475 


words :  —  prior  to  January  first,  nineteen  hundred  and  forty- 
six, —  so  as  to  read  as  ioUows:  —  Section  85D.  Upon  the  Pensions  for 
acceptance  of  this  section  prior  to  January  first,  nineteen  '"*"  ^'■^'^«°- 
hundred  and  forty-six,  by  a  town  at  its  annual  town  meet- 
ing by  a  two  thirds  vote,  the  provisions  of  section  eighty- 
five  relative  to  the  retirement  of  permanent  members  of  the 
fire  department  for  incapacity  shall  apply  to  call  members 
of  its  fire  department,  except  that  the  pension  of  any  call 
member  retired  hereunder  shall  be  the  same  as  that  of  a  per- 
manent member  of  the  first  grade  of  the  fire  department,  or, 
if  there  be  no  grades,  the  same  as  that  of  a  permanent  mem- 
ber of  the  fire  department  performing  duties  like  those  which 
he  performed.  Approved  June  26,  1945. 


An  Act  increasing  benefit  payments  and  making  cer-  Qfiar)  484 

TAIN     OTHER     CHANGES     IN     THE     EMPLOYMENT     SECURITY 
LAW. 

Whereas,  The  deferred  operation  of  this  act  would  tend  to  Emergency 
defeat  one  of  its  principal  purposes,  which  is  to  make  avail-  P'^eambie. 
able  immediately  during  the  present  emergency  increased 
benefits  under  the  employment  security  law,  to  be  computed 
from  April  first  of  the  current  year,  therefore  this  act  is 
hereby  declared  to  be  an  emergency  law,  necessary  for  the 
immediate  preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Effective  as  of  April  first,  nineteen  hundred  Sj^-iT,T 

t     !•  n  ■  •  <>       1  111    ^o)'  15lA, 

and  forty-five,  section  twenty-nine  oi  chapter  one  hundred  §  29,  etc., 
and  fifty-one  A  of  the  General  Laws  is  hereby  amended  by  *'"''"  ®  ' 
striking  out  subsection  (a),  as  amended  by  section  five  of 
chapter  five  hundred  and  thirty-four  of  the  acts  of  nineteen 
hundred  and  forty-three,  and  inserting  in  place  thereof  the 
following  subsection :  —  (a)   An  individual  in  total  unem-  weeUy 
ployment  and  otherwise  eligible  for  benefits  shall  be  paid  benefit  rates. 
for  each  week  of  unemployment  an  amount  based  on  the 
highest  quarterly  wage  of  his  base  period,  as  provided  in 
the  following  table :  — 


Total  Waobs  Paib  in  Hiohest  Quarter. 

Weekly 
Benefit  Rate. 

$119  99  or  less 
120  00-$139  99 
140  00-  159  99 
160  00-  179  99 
180  00-  199  99 
200  00-219  99 
220  00-  239  99 
240  00-  259  99 

$6  00 

7  00 

8  00 

9  00 

10  00 

11  00 

12  00 

13  00 

476 


Acts,  1945.  —  Chap.  484. 


Total  Wages  Paid  in  Highest  Quarter. 


G.  L.  (Ter. 
Ed.),  151A, 
§  14,  etc., 
amended. 


"  Worker's 
benefit  wages 
defined. 


G.  L.  (Ter. 
Ed.),  151A, 
§  30,  etc., 
amtiuled. 


Weekly 
Benefit  Rate. 


.f260  00-$279  99 

$14  00 

280  00-  299  99 

15  00 

300  00-  319  99 

16  00 

320  00-  339  99 

17  00 

340  00-  359  99 

18  00 

360  00-  379  99 

19  00 

380  00-  399  99 

20  00 

400  00  and  over 

21  00 

Section  2.  Paragraph  (2)  of  subsection  14  (6)  of  said 
chapter  one  hundred  and  fifty-one  A,  as  amended  by  section 
one  of  chapter  five  hundred  and  thirty-four  of  the  acts  of 
nineteen  hundred  and  forty-three,  is  hereby  further  amended 
by  adding  at  the  end  the  following :  —  ;  provided,  that  on 
and  after  April  first,  nineteen  hundred  and  forty-five,  bene- 
fit wages  charged  against  each  employer  shall  include  that 
part  of  wages  not  in  excess  of  sixteen  hundred  dollars  paid 
by  him  in  a  base  period,  —  so  that  said  paragraph  will  read 
as  follows :  — 

(2)  When,  in  any  calendar  year,  beginning  not  earlier 
than  nineteen  hundred  and  thirty-nine,  a  worker  is  paid 
benefits  for  the  first  compensable  week  of  unemployment 
with  respect  to  the  benefit  year  to  which  the  claim  applies, 
his  wages  from  each  employer  during  his  base  period  shall  be 
termed  "worker's  benefit  wages"  and  shall  be  treated  for 
the  purposes  of  this  subsection  as  if  they  had  been  paid  in 
the  year  in  which  the  first  week  of  benefits  is  paid.  "Worker's 
benefit  wages"  when  used  with  respect  to  benefits  paid  for 
the  first  compensable  week  of  unemployment  on  claims 
originally  arising  in  the  year  nineteen  hundred  and  thirty- 
nine  or  in  the  years  nineteen  hundred  and  forty,  nineteen 
hundred  and  forty-one,  nineteen  hundred  and  forty-two  and 
prior  to  April  first,  nineteen  hundred  and  forty-three,  shall 
include  the  wages  not  in  excess  of  one  thousand  dollars  in 
those  quarters  upon  which  the  benefits  available  to  the 
claimant  were  computed,  assignable  to  its  respective  year  of 
nineteen  hundred  and  thirty-nine  to  nineteen  hundred  and 
forty-three,  inclusive,  in  accordance  with  this  subsection. 
For  the  purposes  of  this  subsection,  and  effective  as  of  April 
first,  nineteen  hundred  and  forty-three,  benefit  wages 
charged  against  each  employer  shall  include  only  that  part 
of  wages  not  in  excess  of  twelve  hundred  dollars  paid  by 
him  in  a  base  period;  provided,  that  on  and  after  April 
first,  nineteen  hundred  and  forty-five,  benefit  wages  charged 
against  each  employer  shall  include  that  part  of  wages  not 
in  excess  of  sixteen  hundred  dollars  paid  by  him  in  a  base 
period. 

Section  3.  Section  thirty  of  said  chapter  one  hundred 
and  fifty-one  A,  as  appearing  in  section  one  of  chapter  six 


Acts,  1945.  —  Chap.  485.  477 

hundred  and  eighty-five  of  the  acts  of  nineteen  hundred  and 
fortj^-one,  is  hereby  amended  by  striking  out,  in  the  fourth 
line,  the  word  "twenty"  and  inserting  in  place  thereof  the 
word :  —  twenty-three,  —  so  as  to  read  as  follows :  —  Sec-  Maximum 
Hon  30.  The  total  benefits  which  an  unemployed  individual  payabil 
may  receive  during  his  benefit  year  shall  be  an  amount 
equal  to  thirty  per  cent  of  his  wages  in  the  base  period,  or 
an  amount  equal  to  twenty-three  times  his  benefit  rate, 
whichever  is  the  lesser.  If  such  amount  includes  a  fractional 
part  of  a  dollar,  it  shall  be  raised  to  the  next  highest  dollar. 

Approved  June  27,  1945, 


An  Act  providing  for  the  prompt  disposition  of  cer-  (Jhnj)  4c 5 

TAIN    grievances   OF   STATE    EMPLOYEES.  ^' 

Be  it  enacted,  etc.,  as  folloius: 

Chapter  thirty  of  the  General  Laws  is  hereby  amended  S^^■iJ*^'■• 
by  adding  at  the  end,  under  the  heading,  provisions  for  §§  53-57, 

THE  PROMPT  DISPOSITION  OF  CERTAIN  GRIEVANCES  OF  STATE  '''^'''^''• 
EMPLOYEES    RELATING    TO    CLASSIFICATION,    HOURS    OF    EM- 
PLO'i'MENT,  VACATIONS,  SICK  LEAVE,  OTHER  FORMS  OF  LEAVES 

OF  ABSENCE  AND  OVERTIME,  the  five  following  sectious :  — 
Section  58.    The  commission  on  administration  and  finance  Rules  and 
shall,  subject  to  the  approval  of  the  governor  and  council,  for  proced?u-e 
make  rules  and  regulations  providing  informal  procedure  ^^'^ '^^p°^^*'°'' 
for  the  prompt  disposition  of  any  grievance  of  any  employee  grievances. 
of  the  commonwealth,  or  of  any  group  of  such  employees, 
relating  to  classification,  hours  of  employment,  vacations, 
sick  leave  or  other  forms  of  leaves  of  absence  and  overtime, 
by  appeal  to  a  personnel  appeal  board  constituted  as  pro- 
vided in  section  fifty-five,  for  the  purpose  of  disposing  of 
such  grievance,  subject  to  the  provisions  of  this  section  and 
sections  fifty-four  to  fifty-seven,  inclusive.     No  such  griev- 
ance shall  be  so  disposed  of  if  the  disposition  thereof  is  al- 
ready within  the  jurisdiction  of  the  civil  service  commission 
or  the  commission  on  administration  and  finance  under  other 
provisions  of  law,  or  if  the  employee  or  group  of  employees 
taking  the  appeal  has  not  exhausted  all  rights  under  other 
procedure  provided  by  law  or  rule  or  regulation. 

Section  6A.     There  shall  be  an  ofiicer  to  be  known  as  the  Permanent 
permanent  chairman  of  personnel  appeal  boards,  in  sections  personnd  °^ 
fifty-three  to  fifty-seven,  inclusive,  referred  to  as  the  perma-  appeal  boards, 
nent  chairman,  who  shall  be  appointed  by  the  governor  for 
terms  of  three  years.    He  shall  hold  no  other  office  or  em- 
ployment under  the   commonwealth.     He   shall   serve   as 
chairman  of  each  personnel  appeal  board  functioning  dur- 
ing his  term  of  office,  and  shall  receive  compensation  at  the 
rate  of  twenty-five  dollars  per  day  for  each  day  of  service. 

Section  65.     A  personnel  appeal  board  shall  consist  of  the  Personnel 
permanent  chairman;    the  director  of  the  division  of  per- *pp«*"^°"'^- 
sonnel  and  standardization  or  an  employee  of  said  division 
designated  by  said  director;   the  director  of  civil  service  or 


478 


Acts,  1945.  —  Chap.  485. 


Rules  and 

regvilations, 

provisions. 


Payment  of 
money  by 
board  in 
pertain  cases. 


an  employee  of  the  division  of  civil  service  designated  by 
the  director  of  civil  service;  a  person  designated  by  the 
employee  or  group  of  employees  taking  the  appeal,  who,  if 
an  employee  of  the  commonwealth,  shall  suffer  no  deduc- 
tion of  pay  by  reason  of  serving  on  the  board ;  and  a  person 
designated  by  the  state  department,  board  or  commission 
in  which  such  employee  is  employed  or  by  the  state  depart- 
ment or  departments,  board  or  boards,  or  commission  or 
commissions  in  which  such  group  of  employees  are  employed. 
Members  of  the  board  shall  be  reimbursed  for  their  travel- 
ing expenses.  The  director  of  personnel  and  standardiza- 
tion shall  furnish  such  clerical  assistance  as  is  needed  to 
carry  out  the  provisions  of  sections  fifty-three  to  fifty-seven, 
inclusive,  and  shall  make  provision  for  the  keeping  in  his 
office  of  the  records  relative  to  the  disposition  of  grievances 
of  state  employees. 

Section  56.  The  rules  and  regulations  to  be  made  as 
provided  in  section  fifty-three  shall  include  provision  that  — 

(1)  Such  an  appeal  may  be  commenced  by  filing  with  the 
director  of  personnel  and  standardization  a  petition  con- 
taining a  clear  statement  of  the  grievance  alleged,  of  the 
question  desired  to  be  raised  and  of  the  steps  which  have 
already  been  taken  relative  to  the  disposition  of  such  griev- 
ance. 

(2)  If  the  permanent  chairman  is  of  opinion  that  an 
appeal  should  not  be  considered  by  such  an  appeal  board, 
either  because  it  would  not  be  within  the  jurisdiction  of 
such  a  board  or  for  any  other  reason,  he  shall  state  his 
opinion  with  the  reasons  therefor  to  the  petitioner,  and,  if 
the  petitioner  still  insists  on  his  appeal,  such  a  board  shall 
be  constituted  as  provided  in  section  fifty-five  and  the 
question  of  whether  such  appeal  should  be  considered  shall 
be  submitted  to  said  board  and  it  shall  render  a  written 
decision  on  said  question. 

(3)  The  permanent  chairman  shall  call  such  boards  to- 
gether when  necessary,  set  the  dates  for  their  hearings  and 
cause  the  required  notices  to  be  given. 

The  rules  and  regulations  shall  also  include  provisions 
relative  to  the  hearing  of  such  appeals  and  for  the  taking 
of  action  to  carry  out  the  decisions  of  such  boards. 

All  decisions  of  such  boards  shall  be  final. 

Section  57.  Should  it  appear  to  any  such  board  that 
any  such  grievance  ought  to  be  disposed  of  in  a  manner 
requiring  the  payment  of  money,  such  board  shall  make 
available  by  its  order  out  of  any  sums  previously  appro- 
priated for  the  purpose  sufficient  funds  for  such  disposition 
thereof  and  dispose  of  such  grievance  in  the  manner  afore- 
said. Approved  June  27,  1945. 


Acts,  1945.  —  Chap.  486.  479 


An  Act  providing  for  the  establishment  of  the  sala-  ChapAS6 

RIES   OF   COURT   OFFICERS   IN   ATTENDANCE   UPON   THE   MU- 
NICIPAL  COURT   OF   THE    CITY   OF   BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  two  hundred  and  eighteen  of  the  g.  l.  (Tct. 
General  Laws  is  hereby  amended  by  inserting  after  section  f 82AfLdded!' 
eighty-two  the  following  section:  —  Section  82 A.    Each  offi-  salaries  of 
cer  in  attendance  upon  the  municipal  court  of  the  city  of  officers. *^°'^* 
Boston  who  is  appointed  under  section  sixty-one  shall  re- 
ceive from  the  county  of  Suffolk  in  full  for  all  services  per- 
formed by  him  such  salary  as  shall  be  fixed  by  the  justices 
of  such  court,  with  the  approval  of  the  justices  of  the  supreme 
judicial  court. 

Section  2.  Section  forty-nine  of  chapter  thirty-five  of  G- l.  (Ter. 
the  General  Laws,  as  most  recently  amended  by  section  one  etc!. 'amended'. 
of  chapter  one  hundred  and  thirty-six  of  the  acts  of  nine- 
teen hundred  and  forty-three,  is  hereby  further  amended  by 
inserting  after  the  word  "twenty-one"  in  the  thirteenth  and 
fourteenth  lines  the  words:  —  ,  court  officers  in  attendance 
upon  the  municipal  court  of  the  city  of  Boston,  —  so  as  to 
read  as  follows :  —  Section  49.  Every  office  and  position  classification 
whereof  the  salary  is  wholly  payable  from  the  treasury  of  countyTfficers. 
one  or  more  counties,  or  from  funds  administered  by  and 
through  county  officials,  except  the  offices  of  county  com- 
missioners, justices  and  special  justices  of  the  district  courts, 
the  messenger  of  the  superior  court  in  the  county  of  Suffolk, 
clerks  and  assistant  clerks  of  the  district  courts  other  than 
the  clerks  and  assistant  clerks  of  district  courts  in  the  county 
of  Suffolk  and  of  the  central  district  court  of  Worcester,  trial 
justices,  other  offices  and  positions  filled  by  appointment  of 
the  governor  with  the  advice  and  consent  of  the  council, 
court  officers  appointed  in  Suffolk  county  under  section 
seventy  of  chapter  two  hundred  and  twenty-one,  court  offi- 
cers in  attendance  upon  the  municipal  court  of  the  city  of 
Boston,  and  probation  officers,  but  including  the  officer  de- 
scribed in  the  first  sentence  of  section  seventy-six  of  said 
chapter  two  hundred  and  twenty-one,  shall  be  classified  by 
the  board  in  the  manner  provided  by  sections  forty-eight 
to  fifty-six,  inclusive,  and  every  such  office  and  position, 
now  existing  or  hereafter  established,  shall  be  allocated  by 
the  board  to  its  proper  place  in  such  classification.  Offices 
and  positions  in  the  service  of  any  department,  board,  school 
or  hospital  principally  supported  by  the  funds  of  the  county 
or  counties,  or  in  the  service  of  a  hospital  district  established 
under  sections  seventy-eight  to  ninety-one,  inclusive,  of 
chapter  one  hundred  and  eleven,  shall  likewise  be  subject 
to  classification  as  aforesaid.  The  word  "salary",  as  used 
in  this  section,  shall  include  compensation,  however  payable; 
but  nothing  in  sections  forty-eight  to  fifty-six,  inclusive,  and 
nothing  done  under  authority  thereof,  shall  prevent  any 
person  from  continuing  to  receive  from  a  county  such  com- 


480  Acts,  1945.  —  Chaps.  487,  488. 

pensation  as  is  fixed  under  authority  of  other  provisions  of 
law  or  as  is  expressly  established  by  law. 

Section  3.  The  salaries  of  court  officers  in  attendance 
upon  the  municipal  court  of  the  city  of  Boston  in  force  on 
the  effective  date  of  this  act  shall  continue  in  force  until 
established  under  section  eighty-two  A  of  chapter  two  hun- 
dred and  eighteen  of  the  General  Laws,  inserted  by  section 
one  of  this  act.  Approved  June  27,  191^5. 

ChapAS7  An  Act  authorizing  the  city  of  somerville  to  pay  an 

ANNUITY  TO  THE  WIDOW  OF  PATRICK  BRADY,  A  FORMER 
EMPLOYEE    OF   ITS   SANITARY    DEPARTMENT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  promoting  the  public 
good,  the  city  of  Somerville  is  hereby  authorized  to  pay  an 
annuity  of  one  thousand  dollars  to  the  widow  of  Patrick 
Brady,  a  former  employee  of  the  sanitary  department 
thereof,  who  was  killed  while  in  the  performance  of  duty. 
Said  annuity  shall  be  payable  in  equal  monthly  instalments 
and  shall  cease  upon  the  remarriage  of  said  widow. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  vote  of  the  board  of  aldermen  of  said  city,  sub- 
ject to  the  provisions  of  its  charter,  but  not  otherwise. 

Approved  June  27,  1945. 

ChapA88  An  Act  relative  to  payment  of  allowances  for  travel 

AND  OTHER  EXPENSES  TO  THE  SERGEANT-AT-ARMS,  THE 
DOORKEEPER  AND  ASSISTANT  DOORKEEPERS  OF  EACH 
BRANCH  OF  THE  GENERAL  COURT,  AND  OTHER  ASSIST- 
ANTS AND  EMPLOYEES  OF  THE  SERGEANT-AT-ARMS. 

Emergency  Wkereas,  The  deferred  operation  of  this  act  would  tend  to 

preani  e.  defeat  its  purpose,  which  is  to  provide  at  once  for  the  pay- 
ment of  allowances  for  travel  and  other  expenses  of  the 
sergeant-at-arms,  the  doorkeeper  of  both  branches  of  the 
general  court,  and  certain  assistants  of  said  sergeant-at- 
arms,  therefore  this  act  is  hereby  declared  to  be  an  emer- 
gency law,  necessary  for  the  immediate  preservation  of  the 
public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

FdVs^r^o  Section  1.    Chapter  three  of  the  General  Laws  is  hereby 

etc., 'amended,    amended  by  striking  out  section  twenty,  as  most  recently 
amended  by  section  four  of  chapter  four  hundred  and  twenty- 
one  of  the  acts  of  the  current  year,  and  inserting  in  place 
Compensation    tlicreof  the  following  section :  —  Section  20.     The  sergeant- 
sergeTiu-at-       at-arms,  doorkeepers,  assistant  doorkeepers,  general  court 
arms,  door-       officers  and  pages,  the  clerks  in  the  sergeant-at-arms'  office, 
eepere,  e  e.      ^^^  clerk,  assistant  clerk  and  other  assistants  in  the  legisla- 
tive document  room  and  the  porter  in  the  lobby  of  the  house 
of  representatives,  shall  each  receive  for  each  annual  session 
such  sum  for  travel  and  other  expenses  as  may  be  estab- 


Acts,  1945.  —  Chap.  489.  481 

lished  by  the  committees  on  rules  of  the  two  branches  of  the 
general  court  acting  concurrently.  Payments  authorized  un- 
der this  section  shall  be  made  from  the  treasury  of  the  com- 
monwealth upon  the  certificate  of  the  sergeant-at-arms  ap- 
proved by  the  president  of  the  senate  and  the  speaker  of  the 
house  of  representatives. 

Section  2.  Any  payment  made  under  section  one  of  this 
act  shall  be  in  lieu  of  payment  of  any  temporary  salary  in- 
crease during  the  period  from  January  first,  nineteen  hun- 
dred and  forty-five  through  June  thirtieth,  nineteen  hundred 
and  forty-five,  and  as  provided  by  chapter  four  hundred  and 
sixteen  of  the  acts  of  nineteen  hundred  and  forty-five. 

Section  3.    This  act  shall  be  effective  as  of  January  first  Eefective  date. 
in  the  current  year.  Approved  June  37,  1945. 

An  Act  to  provide  for  a  third  deputy  state  treasurer,  nhfjj.  400 

Be  it  enacted,  etc.,  as  follows: 

Section  five  of  chapter  ten  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  the  first  sentence,  as  amended  by  ^tc'' 'amended 
section  four  of  chapter  five  hundred  and  ninety-six  of  the 
acts  of  nineteen  hundred  and  forty-one,  and  inserting  in 
place  thereof  the  following  sentence :  —  The  state  treasurer,  Deputies 
with  the  consent  of  the  governor  and  council,  may  appoint,  trwi^^r^er. 
and,  with  such  consent,  may  for  cause  remove,  a  first,  sec- 
ond and  third  deputy  treasurer  and  shall  prescribe  their 
respective  duties.  Approved  June  27,  1945. 

The  Commonwealth  of  Massachusetts, 
Executive  Department,  State  House, 

Boston,  July  11,  1945. 

Honorable  Frederic  W.   Cook,  Secretary  of  the  Commonwealth, 
State  House,  Boston. 

Sir: —  I,  Maurice  J.  Tobin,  by  virtue  of  and  in  accord- 
ance with  the  provisions  of  the  Forty-eighth  Amendment  to 
the  Constitution,  "The  Referendum  II,  Emergency  Meas- 
ures", do  declare  that  in  my  opinion,  the  immediate  pres- 
ervation of  the  public  convenience  requires  that  the  law 
passed  on  the  27th  day  of  June  in  the  year  nineteen  hundred 
and  forty-five,  being  Chapter  489  of  the  Acts  of  1945  en- 
titled, "An  Act  to  provide  for  a  Third  Deputy  State  Treas- 
urer", should  take  effect  forthwith  and  that  it  is  an  emer- 
gency law  and  that  the  facts  constituting  the  emergency  are 
as  follows : 

Because  the  anticipated  increase  of  work  in  the  depart- 
ment of  the  state  treasurer  upon  the  enactment  of  pending 
legislation  necessitates  the  filling  of  the  office  created  by 
said  act  prior  to  the  expiration  of  ninety  days  after  its 
passage. 

Very  truly  yours, 

Maurice  J.  Tobin, 
Governor  of  the  Commonwealth. 


482  Acts,  1945.  —  Chap.  490. 

Office  of  the  Secketary,  Boston,  July  12,  1945. 

I  hereby  certify  that  the  accompanying  statement  was 
filed  in  this  office  by  His  Excellency  the  Governor  of  the 
Commonwealth  of  Massachusetts  at  twelve  o'clock  and  fifty 
minutes,  p.m.,  on  the  above  date,  and  in  accordance  with 
Article  Forty-eight  of  the  Amendments  to  the  Constitution 
said  chapter  takes  effect  forthwith,  being  chapter  four  hun- 
dred and  eighty-nine  of  the  acts  of  nineteen  hundred  and 
forty-five. 

F.  W.  Cook, 
Secretary  of  the  Commonwealth. 

ChapA90  An  Act  making  appropriations  for  the  maintenance  of 

ACTIVITIES  UNDER  CONTROL  OF  THE  METROPOLITAN  DIS- 
TRICT commission  DURING  THE  PERIOD  FROM  DECEMBER 
FIRST,  NINETEEN  HUNDRED  AND  FORTY-FOUR  THROUGH 
JUNE  THIRTIETH,  NINETEEN  HUNDRED  AND  FORTY-FIVE 
AND  FOR  CERTAIN  IMPROVEMENTS,  AND  MAKING  APPRO- 
PRIATIONS SUPPLEMENTING  APPROPRIATIONS  PREVIOUSLY 
MADE  FOR  OTHER  ACTIVITIES  OF  THE  COMMONWEALTH  FOR 
THE  CURRENT  FISCAL  YEAR  AND  PROVIDING  FOR  CERTAIN 
NEW   ACTIVITIES   AND   PROJECTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  To  provide  for  the  maintenance  of  activities 
under  the  control  of  the  metropolitan  district  commission, 
and  for  certain  improvements,  and  to  meet  certain  require- 
ments of  law,  the  sums  set  forth  in  section  two,  for  the  sev- 
eral purposes  and  subject  to  the  conditions  specified  in  said 
section  two,  are  hereby  appropriated,  to  be  expended  under 
the  direction  and  with  the  approval  of  the  metropolitan  dis- 
trict commission,  subject  to  the  provisions  of  law  regulating 
the  disbursement  of  public  funds  and  the  approval  thereof, 
for  the  period  beginning  December  first,  nineteen  hundred 
and  forty-four  and  ending  June  thirtieth,  nineteen  hundred 
and  forty-five,  or  for  such  other  period  as  may  be  specified. 

Section  2.  The  following  appropriation  is  made  from  the 
General  Fund : 

Bunker  HUl  Monvment. 

Item 

2S01-00  For  the  maintenance  of  Bunker  Hill  monu- 
ment and  the  property  adjacent,  to  be  ex- 
pended by  the  metropolitan  district  com- 
mission  .......         $6,310  00 

The  following  appropriations  are  made  from  the  Highway 
Fund: 

Metropolitan  District  Commission. 

Item 

2931-01     For  personal  services  and  other  expenses  of 

general  administration       ....        $16,000  00 

2931-02  To  provide  in  part  for  meeting  the  cost  of  in- 
creasing the  salaries  of  employees  in  the 
service  of  the  commonwealth,  as  authorized 
by  chapter  one  hundred  and  seventy  of  the 


Acts,  1945.  —  Chap.  490. 


483 


Item 


2931-03 
2931-04 


2931-21 


acts  of  nineteen  hundred  and  forty-three, 
to  be  in  addition  to  the  amount  appropri-  . 
ated  by  section  nine  of  chapter  three  hun- 
dred and  seventy  of  the  acts  of  nineteen 
hundred  and  forty-three,  and  to  be  used  as 
prescribed  by  said  section  nine  .  .  .        $62,500  OO 

For  maintenance  of  boulevards  and  parkways, 

including  installation  of  traffic  lights  .  .        597,350  00 

For  resurfacing  of  boulevards  and  parkways, 
to  be  in  addition  to  any  unexpended  balance 
of  the  appropriation  made  for  the  purpose 
in  previous  years       .....  5,200  00 

(This  item  omitted.) 


The  following  appropriations  are'made  from  Metropolitan 
District  Commission  Funds: 


Item 

8501-00 
8545-00 


8602-00 
8602-27 


8607-00 

8611-00 
8802-00 

8807-^0 

8902-00 


The  following  appropriations  are  to  be 
assessed  upon  the  several  districts  in  ac- 
cordance with  the  methods  fixed  by  law, 
unless  otherwise  provided : 

For  personal  services  and  other  expenses  of 

general  administration       ....        $48,000  00 

To  pro\ide  in  part  for  meeting  the  cost  of  in- 
creasing the  salaries  of  employees  in  the 
service  of  the  commonwealth,  as  authorized 
by  chapter  one  hundred  and  seventy  of  the 
acts  of  nineteen  hundred  and  forty-three, 
to  be  in  addition  to  the  amount  appropriated 
by  section  nine  of  chapter  three  hundred 
and  seventy  of  the  acts  of  nineteen  hundred 
and  forty-three,  and  to  be  used  as  prescribed 
by  said  section  nine  ....        155,000  00 

For  maintenance  of  parks  reservations,  in- 
cluding the  retirement  of  veterans  under 
the  provisions  of  the  General  Laws     .  .        31.'?, 460  00 

For  the  cost  of  suppressing  gypsy  moths,  in- 
cluding certain  equipment,  to  be  assessed 
as  part  of  the  cost  of  maintenance  of  parks 
reservations,  and  the  amount  herein  appro- 
priated is  in  addition  to  the  amount  ap- 
propriated for  the  fiscal  year  ending  No- 
vember thirtieth,  nineteen  hundred  and 
forty-four 5,000  00 

For  maintenance  of  the  Charles  River  basin, 
including  retirement  of  veterans  under  the 
provisions  of  the  General  Laws  .  .  87,265  00 

For   maintenance    of   the    Nantasket    Beach 

reservation 30,560  00 

For  the  maintenance  and  operation  of  a  sys- 
tem of  sewage  disposal  for  the  north  metro- 
politan sewerage  district,  including  retire- 
ment of  veterans  under  the  provisions  of  the 
General  Laws 282,435  00 

For  the  maintenance  and  operation  of  a  system 
of  sewage  disposal  for  the  south  metropoli- 
tan sewerage  district,  including  retirement 
of  veterans  under  the  pro\asions  of  the 
General  Laws 193,170  00 

For  the  maintenance  and  operation  of  the 
metropolitan  water  system,  including  re- 
tirement of  veterans  under  the  provisions  of 
the  General  Laws 558,955  00 


484  Acts,  1945.  —  Chap.  490. 

Item 

8902-24  For  payment  to  the  commissioners  of  Worces- 
ter county  of  certain  assessments  upon  the 
former  town  of  Dana,  to  be  assessed  as  a 
part  of  the  cost  of  maintenance  of  the 
metropolitan  water  system  .  .  $303  17 

8902-25  For  personal  services  of  metropolitan  district 
police  at  the  Quabbin  Reservoir,  so-called, 
including  not  more  than  ten  permanent 
positions,  to  be  assessed  as  a  part  of  the 
cost  of  maintenance  of  the  metropolitan 
water  system   ......  10,355  00 

8902-35  For  maintenance  expenses,  including  personal 
services,  of  property  held  and  operated  by 
the  metropoUtan  water  supply  commission, 
to  be  assessed  as  a  part  of  the  cost  of  main- 
tenance of  the  metropolitan  water  system  .         86,000  00 

General  Fund $6,310  00 

ffighway  Fund 681,050  00 

MetropoUtan  District  Commission  Funds     .         .  .     1,770,503  17 

Section  3.  To  provide  for  supplementing  certain  appro- 
priations previously  made  and  for  certain  new  activities  and 
projects,  the  sums  set  forth  in  section  four,  for  the  several 
purposes  and  subject  to  the  conditions  specified  in  said  sec- 
tion are  hereby  appropriated  from  the  general  fund  or  ordi- 
nary revenue  of  the  commonwealth,  unless  some  other  source 
of  revenue  is  expressed,  subject  to  the  provisions  of  law  regu- 
lating the  disbursement  of  public  funds  and  the  approval 
thereof,  for  the  fiscal  year  ending  June  thirtieth,  nineteen 
hundred  and  forty-five  or  for  such  other  period  as  may  be 
specified. 

Section  4. 

Service  of  the  Legislative  Department. 

Item 

0101-09  For  the  salary  of  the  sergeant-at-arms,  to  be 
in  addition  to  any  amount  heretofore  appro- 
priated for  the  purpose      ....  $320  00 

0101-10  For  clerical  and  other  assistance  employed  by 
the  sergeant-at-arms,  including  not  more 
than  four  permanent  positions,  to  be  in 
addition  to  any  amount  heretofore  appro- 
priated for  the  purpose      ....  800  00 

0101-11  For  the  compensation  for  travel  of  door- 
keepers, assistant  doorkeepers,  general  court 
officers,  pages  and  other  employees  of  the 
sergeant-at-arms,  authorized  by  law  to  re- 
ceive the  same,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the 
purpose 18,722  80 

0101-12  For  the  salaries  of  the  doorkeepers  of  the 
senate  and  house  of  representatives,  with 
the  approval  of  the  sergeant-at-arms,  in- 
cluding not  more  than  two  permanent  posi- 
tions, to  be  in  addition  to  any  amount  here- 
tofore appropriated  for  the  purpose    .  .  390  00 

0101-13  For  the  salaries  of  assistant  doorkeepers  of  the 
senate  and  house  of  representatives  and  of 
general  court  officers,  with  the  approval  of 
the  sergeant-at-arms,  including  not  more 
than  twenty-two  permanent  positions,  to  be 
in  addition  to  any  amoimt  heretofore  appro- 
priated for  the  purpose      ....  2,980  00 


Acts,  1945.  —  Chap.  490. 


485 


Item 
0101-14 


0101-15 


0102-01 


0102-11 


For  compensation  of  the  pages  of  the  senate 
and  house  of  representatives,  with  the  ap- 
proval of  the  sergeant-at-arms,  including 
not  more  than  fourteen  permanent  positions, 
to  be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose      .  .  .  $460  00 

For  the  salaries  of  clerks  employed  in  the 
legislative  document  room,  including  not 
more  than  two  permanent  positions,  to  be 
in  addition  to  any  amount  heretofore  appro- 
priated for  the  purpose      ....  37.')  00 

For  traveling  and  such  other  expenses  of  the 
committees  of  the  present  general  court  as 
may  be  authorized  by  order  of  either  branch 
of  the  general  court,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the 
purpose 4,500  00 

For  contingent  expenses  of  the  senate  and 
house  of  representatives,  and  necessary  ex- 
penses in  and  about  the  state  house,  with 
the  approval  of  the  sergeant-at-arms,  to  be 
in  addition  to  any  amount  heretofore  appro- 
priated for  the  purpose      ....  600  00 


Service  of  the  Judicial  Department. 
Probate  and  Insolvency  Courts,  as  follows : 
0305-03  For  expenses  of  judges  of  probate  when  acting 
for  other  judges  of  probate,  to  be  in  addition 
to  any  amount  heretofore  appropriated  for 
the  pui-pose      ...... 


400  00 


For  clerical  assistance  to  Registers  of  the 
several  counties,  as  follows,  to  be  in  addi- 
tion  to   any   amount   heretofore   appro- 
priated for  the  purpose : 
0306-01     Barnstable,  including  not  more  than  two  per- 
manent positions       ..... 
0306-02     Berkshire,  including  not  more  than  four  per- 
manent positions       ..... 
0306-10     Norfolk,   including   not   more    than    thirteen 
permanent  positions  .... 


9  50 
120  00 
200  00 


Pensions  for  certain  retired  justices: 
0309-01  For  pensions  of  retired  justices  of  the  supreme 
judicial  court  and  of  the  superior  court,  and 
judges  of  the  probate  courts  and  the  land 
court,  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose 


2,125  00 


District  Attorneys,  as  follows: 
0310-04  For  the  salaries  of  the  district  attorney,  deputy 
district  attorney  and  assistants  for  the 
southeastern  district,  including  not  more 
than  five  permanent  positions,  to  be  in  addi- 
tion to  any  amount  heretofore  appropriated 
for  the  purpose         ..... 


600  00 


Service  of  the  Executive  Department. 
0401-22     For  postage,  printing,  office  and  other  con- 
tingent expenses,  including  travel,   of  the 
governor,  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose 


3,500  00 


486 


Acts,  1945.  —  Chap.  490. 


Item 
0401-24 


0401-26 


For  the  cost  of  entertamment  of  distinguished 
visitors  to  the  commonwealth  and  for  the 
payment  of  other  extraordinary  expenses 
not  otherwise  provided  for,  to  be  in  addi- 
tion to  any  amount  heretofore  appropriated 
for  the  purpose $4,500  00 

For  certain  maintenance  expenses  of  the  gov- 
ernor's automobile,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the 
purpose  .......  500  00 


Service  of  the  Adjutant  General. 
0402-02  For  personal  services  of  office  assistants,  in- 
cluding services  for  the  preparation  of  rec- 
ords of  Massachusetts  soldiers  and  sailors, 
and  including  not  more  than  eighteen  per- 
manent positions,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the 
purpose  .      , 600  00 

Service  of  the  Commission  on  Administration 
and  Finance. 
Special : 
0415-25     For  a  general  supply  account  for  the  purchas- 
ing bureau,  as  provided  by  section  fifty-one 
of  chapter  thirty  of  the  General  Laws,  to  be 
expended  with  the  approval  of  the  commis- 
sion on  administration  and  finance,  and  to 
be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose  .  60,000  00 

Service  of  the  State  Superintendent  of  Buildings. 
0416-01  For  personal  services  of  the  superintendent 
and  office  assistants,  including  not  more 
than  five  permanent  positions,  to  be  in  addi- 
tion to  any  amount  heretofore  appropriated 
for  the  purpose  .....  90  00 

For  the  Maintenance  of  the  Mount  Greylock 
War  Memorial. 
0443-21     (This  item  omitted.) 

Service  of  the  Treasurer  and  Receiver-General. 
State  Board  of  Retirement: 
0604-03  For  requirements  of  annuity  funds  and  pen- 
sions for  employees  retired  from  the  state 
service  under  authority  of  law,  to  be  in  addi- 
tion to  any  amount  heretofore  appropriated 
for  the  purpose 77,000  00 

Service  of  the  Department  of  Agriculture. 
Division  of  Markets: 
0908-02     For  other  expenses,  to  be  in  addition  to  any 
amount    heretofore    appropriated    for    the 
purpose  .......  1,500  00 

Service  of  the  Department  of  Conservation. 
Division  of  Forestry : 
1002-01  For  personal  services  of  office  assistants,  in- 
cluding not  more  than  four  permanent  posi- 
tions, to  be  in  addition  to  any  amount  here- 
tofore appropriated  for  the  purpose    .         .  90  00 


Acts,  1945.  — Chap.  490. 


487 


Item 

1004-35 


1004-51 


1202-01 


1202-02 


1301-21 
1304-10 


1305-01 


1307-00 
1309-31 
1314-00 


Damages  by  wild  deer  and  wild  moose: 
For  the  payment  of  damages  caused  by  wild 
deer  and  wild  moose,  for  the  year  nineteen 
hundred  and  forty-five  and  for  previous 
years,  as  provided  by  law,  to  be  in  addition 
to  any  amount  heretofore  appropriated  for 
the  purpose $3,000  00 

Division  of  Wild  Life  Research  and  Manage- 
ment : 
For  personal  services,  including  not  more  than 
three  permanent  positions,  to  be  in  addition 
to  any  amount  heretofore  appropriated  for 
the  purpose      ......  130  00 

Service  of  the  Department  of  Corporations  and 

Taxation. 
Income   Tax   Division    (the   two  following 
appropriations  are  to  be  made  from  the 
receipts  from  the  income  tax): 
For  personal  services  of  the  director,  assistant 
director,  assessors,  deputy  assessors,  clerks, 
stenographers  and  other  necessary  assist- 
ants, including  not  more  than  two  hundred 
and  sixty-three  permanent  positions,  to  be 
in  addition  to  any  amount  heretofore  appro- 
priated for  the  purpose      ....  12,500  00 
For   services    other   than    personal,  .and    for 
traveling  expenses,  office  supplies  and  equip- 
ment, and  rent,  to  be  in  addition  to  any 
amount    heretofore    appropriated    for    the 
purpose 8,500  00 

Service  of  the  Department  of  Education. 
(This  item  omitted.) 

Division  of  the  Blind : 
For  expenses  of  administering  and  operating 
the  services  of  piano  tuning  and  mattress 
renovating  under  section  twenty-five  of 
chapter  sixty-nine  of  the  General  Laws,  to 
be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose  .  .  5,000  00 

Teachers'  Retirement  Board: 
For  personal  services  of  employees,  including 
not  more  than  nine  permanent  positions,  to 
be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose      .  .  71  24 

For  the  maintenance  of  and  for  certain  im- 
provements at  the  following  state  teach- 
ers'  colleges,   with   the  approval   of  the 
commissioner  of  education,  to  be  in  addi- 
tion  to   any   amount   heretofore   appro- 
priated for  the  purpose : 
State  teachers'  college  at  Bridgewater,  includ- 
ing  not   more   than   fifty-nine   permanent 
positions          .                   .         .         .         .  4,000  00 
For  the   cost  of  replacing  certain  floors  in 
Horace  Mann  Hall  at  the  state  teachers' 
college  at  Framingham      ....  1,200  00 
State  teachers'  college  at  Westfield,  including 
not  more  than  thirty-four  permanent  posi- 
tions        eoo  00 


488 


Acts,  1945.  —  Chap.  490. 


Item 
1341-78 

1701-11 


1710-00 
1715-00 
1721-00 
1723-00 

1801-04 


1802-00 
1805-00 


191.5-00 

191&-00 
1917-00 


Massachusetts  State  College: 
For  other  expenses  of  the  maintenance  of  the 

boarding  hall $10,300  00 

Service  of  the  Deparlmenl  of  Mental  Health. 
For  the  support  of  state  charges  in  the  Hospi- 
tal Cottages  for  Children,  to  be  in  addition 
to  any  amount  heretofore  appropriated  for 
the  purpose      ......  2,950  00 

For  the  maintenance  of  the  following  insti- 
tutions under  the  control  of  the  Depart- 
ment of  Mental  Health,  to  be  in  addition 
to  any  amount  heretofore  ajipropriated 
for  the  purpose: 
Boston  psychopathic  hosi)ital,  including  not 
more  than  one  hundred  and  fiftj'-six  perma- 
nent positions 18,900  00 

Grafton  state  hospital,  including  not  more 
than  four  hundred  and  sixty-four  perma- 
nent positions  .....  11.500  00 
Worcester  state  hospital,  including  not  more 
than  six  hundred  and  tliirty-four  perma- 
nent positions  .....  12,000  00 
Belchertown  state  school,  including  not  more 
than  three  hundred  and  two  permanent 
positions 25,000  00 

Service  of  the  Department  of  Correction. 
For  traveling  expenses  of  officers  and  em- 
ployees of  the  department,  when  required 
to  travel  in  the  discharge  of  their  duties,  to 
be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose  300  00 

For  the  maintenance  of  the  following  insti- 
tutions under  the  control  of  the  Depart- 
ment of  .Correction,  to  be  in  addition  to 
any  amount  heretofore  appropriated  for 
the  purpose: 
State  farm,   including  not  more   than  three 
hundred   and   eighty-one   i^ermanent   posi- 
tions         53,000  00 

Massachusetts  reformatory,  including  not 
more  than  one  hundred  and  sixty-four  per- 
manent positions       ....  3,000  00 

Service  of  the  Department  of  Public  Welfare 
For    the    maintenance    of   the   institutions 
under  the  control  of  the  trustees  of  the 
Massachusetts  training  schools,  with  the 
approval  of  said  trustees,  to  be  in  addition 
to  any  amount  heretofore  appropriated 
for  the  purpose,  as  follows: 
Industrial  school  for  boys,  including  not  more 
than  one  hundred  and  one  permanent  posi- 
tions .  .  .  .  3,000  00 
Industrial  school  for  girls,  including  not  more 

than  ninety-one  permanent  positions          .  9,500  00 

Lyman  school  for  boys,  including  not  more 
than  one  hundred  and  thirty-eight  perma- 
nent positions,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the 
purpose 11,500  00 


Acts,  1945. —  Chap.  490. 


489 


2020-03 


2104-22 


2105-02 


2302-0:: 


2301-21 


2811-02 


2.S11-04 


1,000  00 


400  00 


600  00 


Item 

Tewksbury  State  Hospital  and  Infirmary : 
1919-25     For  the  cost  of  certain  repairs  to  the  chapel, 
to  be  expended  with  the  approval  of  the 
trustees  thereof         ....  .        $40,000  00 

Service  of  the  Department  of  Public  Health. 
Division  of  Tuberculosis: 
For  expenses  of  hospitalization  of  certain 
patients  suffering  from  chronic  rheumatism, 
as  authorized  by  section  one  hundred  and 
sixteen  A  of  chapter  one  hundred  and  eleven 
of  the  General  Laws,  to  be  in  addition  to 
any  amount  heretofore  appropriated  for  the 
purpose  ....... 

Service  of  the  Department  of  Public  Safety. 
Division  of  Inspection: 
For  traveling  expenses  of  officers  for  the  boiler 
inspection  service,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the 
purpose  ....... 

State  Boxing  Commission: 
For  other  expenses  of  the  commission,  to  be  in 
addition  to  any  amount  heretofore  appro- 
priated for  the  purpose      .... 

Service  of  the  Department  of  Public  Utilities. 
Investigation  of  Gas  and  Electric  Light 
Meters : 
For  expenses  of  the  division  of  inspection  of 
gas  and  gas  meters,  including  traveling  and 
other  necessary  expenses  of  inspection,  to 
be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose      .       ■  .  .  525  00 

Special : 
For  the  cost  of  certain  repairs  at  the  Charles 
Street  station  of  the  Cambridge  Subwav, 
so-called 375  00 

Unclassified  Accounts  and  Claims. 

For  the  compensation  of  veterans  who  may  be 
retired  by  the  governor  under  the  provisions 
of  .sections  fifty-six  to  fifty-nine,  inclusive, 
of  chapter  thirty-two  of  the  General  Laws, 
to  be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose  .  .  9,000  00 

For  the  compensation  of  state  police  officers 
formerly  in  the  service  of  the  common- 
wealth, now  retired,  to  be  in  addition  to  any 
amount  heretofore  appi'opriated  for  the 
purpose 7,000  00 

The  following  appropriations  are  made  from  the  Highway 
Fund: 

Service  of  the  Department  of  Public  Works. 
Functions  of  the   department  relating  to 

highways : 
2900-01  For  personal  services  and  expenses  of  the  de- 
partment secretary,  department  business 
agent,  and  for  vacation,  sick  leave,  and 
other  compensated  absence  in  the  highway 
division,  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose       .     $150,000  00 


490 


Acts,  1945. —  Chap.  490. 


2900-04 


2924-02 


Item 
2900-02  For  personal  services  and  expenses  of  adnainis- 
trative  and  engineering  services  performed 
in  connection  with  all  highway  activities; 
for  payment  of  damages  caused  by  defects 
in  state  highways,  with  the  approval  of  the 
attorney  general,  to  be  in  addition  to  any 
amount    heretofore    appropriated    for    the 

purpose $55,000  00 

For  the  maintenance  and  repair  of  state  high- 
ways and  bridges,  control  of  snow  and  ice 
on  state  highways  and  town  roads,  and  for 
the  maintenance  of  traffic  signs  and  signals, 
to  be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose      .  .  270,000  00 

Registration  of  Motor  Vehicles: 
For  services  other  than  personal,  including 
traveling  expenses,  purchase  of  necessary 
supplies  and  materials,  including  cartage 
and  storage  of  the  same,  and  for  work  inci- 
dental to  the  registration  and  licensing  of 
owners  and  operators  of  motor  vehicles,  to 
be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose      .  .  28,000  00 

Temporary  salarj'  increase  (1943,  ch.  170): 
To  provide  in  part  for  meeting  the  cost  of  in- 
creasing the  salaries  of  employees  in  the 
service  of  the  commonwealth,  as  authorized 
by  chapter  one  hundred  and  seventy  of  the 
acts  of  nineteen  hundred  and  forty-three,  to 
be  in  addition  to  the  amount  appropriated 
by  section  nine  of  chapter  three  hundred 
and  seventy  of  the  acts  of  nineteen  hundred 
and  forty-three,  and  to  be  used  as  prescribed 
by  said  section  nine  ....        143,000  00 

The  following  appropriation  is  made  from  the  Port   of 
Boston  Fund: 

Service  of  the  Department  nf  Public  Works. 

Functions  of  the  department  relating  to 
Port  of  Boston: 
3132-02  For  the  supervision  and  operation  of  common- 
wealth pier  five,  including  not  more  than 
forty  permanent  positions,  and  for  the  re- 
pair and  replacement  of  equipment  and 
other  property,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the 
purpose  .  .        ' . 


2945-00 


$13,000  00 


The  following  appropriations  are  payable  from  the  Prison 
Industries  Fund: 

The  following  amounts  appropriated  in 
Items  4411,  4511  and  4711  include,  in 
each  instance,  partial  compensation  of 
not  more  than  seven  additional  perma- 
nent employees  in  industries  at  the  State 
Prison : 
4411  For  salaries  of  persons  employed  in  industries 

at  the  Massachusetts  Reformatory,  includ- 
ing not  more  than  twenty-six  permanent 


Acts,  1945.  —  Chap.  491.  491 


Item 


positions,  to  be  in  addition  to  any  amount 

heretofore  appropriated  for  the  purpose       .  $4,500  00 

451 1  For  salaries  of  persons  employed  in  industries 

at  the  Reformatory  for  Women,  including 

not  more  than  thirteen  permanent  positions, 

to  be  in  addition  to  any  amount  heretofore 

appropriated  for  the  purpose  .  1,000  00 

4711  For  salaries  of  persons  employed  in  industries 

at  the  State  Prison  Colony,  including  not 

more  than  sixteen  permanent  positions,  to 

be  in  addition  to  any  amount  heretofore 

appropriated  for  the  purpose      .  .  2,500  00 

General  Fund $435,233  64 

Highway  Fund 646,000  00 

Port  of  Boston  Fund 13,000  00 

Prison  Industries  Fund 8,000  00 

Transfers  to  the  General  Fund  from  the  following  funds  in 
the  amounts  set  forth  are  hereby  authorized: 

Port  of  Boston  Fund $35,621  00 

Parks  and  Salisbury  Beach  Reservation  Fund        .          .  8,875  00 

Prison  Industries  Fund 12,150  00 

Metropolitan  District  Commission  Funds: 

Metropolitan  Parks 15,535  25 

Metropolitan  Sewerage,  North  System                 .  4,306  49 

Metropolitan  Sewerage,  South  System       .          .          .  13,455  86 

Metropolitan  Water  System     .....  21,372  36 

The  amounts  of  the  transfers  herein  authorized  from  the 
Parks  and  Salisbury  Beach  Reservation  Fund  and  from 
Metropolitan  District  Commission  Funds  are  to  be  assessed 
upon  the  several  districts  in  accordance  with  the  methods 
fixed  by  law. 

Section  5.  No  payment  shall  be  made  or  obligation  in- 
curred under  authority  of  any  special  appropriation  made 
by  this  act  for  construction  of  public  buildings  or  other  im- 
provements at  state  institutions  until  plans  and  specifica- 
tions have  been  approved  by  the  governor,  unless  otherw:  e 
provided  by  such  rules  and  regulations  as  the  governor  may 
make. 

Section  6.    This  act  shall  take  effect  upon  its  passage. 

Approved  June  28,  1945. 

An  Act  providing  for  non-partisan  preliminary  elec-  Qjifi^  491 

TIONS    IN    THE    TOWN    OF    DRACUT,    AND    REGULATING    THE  ^' 

CONTENTS  OF  BALLOTS  USED  AT  ELECTIONS  IN  SAID  TOWN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Any  person  who  is  qualified  to  vote  in  the 
town  of  Dracut  may  be  a  candidate  for  an  elective  town  of- 
fice therein  and  shall  be  entitled  to  have  his  name  as  such 
candidate  printed  on  the  official  ballot  to  be  used  at  a  pre- 
liminary election;  provided,  that  he  shall  file  nomination 
papers  provided  by  the  town  clerk  containing  a  number  of 
signatures  certified  as  voters  of  the  town  equal  to  one  per 


492  Acts,  1945.  —  Chap.  491. 

cent  of  the  number  of  votes  for  governor  cast  in  said  town 
at  the  preceding  biennial  state  election. 

Section  2.  The  preliminary  election  shall  be  held  twenty- 
one  days  preceding  every  regular  or  special  town  election, 
except  that,  if  the  town  accepts  section  one  hundred  and 
three  A  of  chapter  fifty-four  of  the  General  Laws,  it  shall  be 
held  on  the  twenty-eighth  day  preceding  the  regular  town 
election, 

Section  3.  No  primary  or  caucus  for  the  nomination  of 
town  officers  shall  be  held.  No  ballot  used  at  any  prelim- 
inary, regular  or  special  election  in  said  town  shall  have 
printed  thereon  any  party  or  political  designation  or  mark, 
and  there  shall  not  be  appended  to  the  name  of  any  candi- 
date any  such  political  designation  or  mark. 

Section  4.  Nomination  papers  must  be  filed  with  the 
town  clerk  not  later  than  five  o'clock  in  the  afternoon  of  the 
eleventh  day  preceding  the  preliminary  election.  Every 
nomination  paper  shall  be  submitted  to  the  registrars  of 
voters  for  certification  of  the  names  thereon  on  or  before 
five  o'clock  in  the  afternoon  of  the  seventh  day  preceding 
the  day  on  which  it  must  be  filed  with  the  clerk. 

Section  5.  The  election  officers  shall,  immediately  upon 
the  closing  of  the  polls  at  the  preliminary  election,  count 
the  ballots  and  ascertain  the  number  of  votes  cast  in  the 
several  voting  places  for  each  candidate,  and  forthwith  make 
return  thereof  upon  blanks  to  be  furnished,  as  in  regular 
elections,  to  the  town  clerk  who  shall  canvass  said  returns 
and  shall  forthwith  determine  the  result  thereof,  and  post 
the  same  in  five  conspicuous  places  in  the  town. 

Section  6.  The  two  persons  receiving  at  a  preliminary 
election  the  highest  number  of  votes  for  nomination  for  an 
office  shall  be  the  sole  candidates  for  that  office  whose  names 
may  be  printed  on  the  official  ballot  to  be  used  at  the  regu- 
lar or  special  election  at  which  such  office  is  to  be  filled,  and 
no  acceptance  of  a  nomination  at  a  preliminary  election 
shall  be  necessary  to  its  validity. 

If  two  or  more  persons  are  to  be  elected  to  the  same  office 
at  such  regular  or  special  election  the  several  persons  in 
number  equal  to  twice  the  number  so  to  be  elected  receiv- 
ing at  such  preliminary  election  the  highest  number  of  votes 
for  nomination  for  that  office  shall  be  the  sole  candidates 
for  that  office  whose  names  may  be  printed  on  the  official 
ballot. 

If  the  preliminary  election  results  in  a  tie  vote  among 
candidates  for  nomination  receiving  the  lowest  number  of 
votes,  which,  but  for  said  tie  vote,  would  entitle  a  person 
receiving  the  same  to  have  his  name  printed  upon  the  official 
ballot  for  the  election,  all  candidates  participating  in  said 
tie  vote  shall  have  their  names  printed  upon  the  official  bal- 
lot, although  in  consequence  there  be  printed  thereon  names 
of  candidates  to  a  number  exceeding  twice  the  number  to 
be  elected. 

Section  7.     If  at  the  expiration  of  the  time  for  filing 


Acts,  1945.  —  Chap.  492.  493 

nomination  papers  of  candidates  to  be  voted  for  at  any  pre- 
liminary election  not  more  than  twice  as  many  such  papers 
have  been  filed  with  the  town  clerk  for  an  office  as  there  are 
persons  to  be  elected  to  such  office,  the  candidates  whose 
nomination  papers  have  thus  been  filed  shall  be  deemed  to 
have  been  nominated  to  said  office,  and  their  names  shall  be 
voted  on  for  such  office  at  the  succeeding  regular  or  special 
election,  as  the  case  may  be,  and  the  town  clerk  shall  not 
print  said  names  upon  the  ballot  to  be  used  at  said  prelim- 
inary election  and  no  other  nomination  to  said  office  shall 
be  made.  If  in  consequence  it  shall  appear  that  no  names 
are  to  be  printed  upon  the  official  ballot  to  be  used  at  any 
preliminary  election  in  the  town,  no  preliminary  election 
shall  be  held. 

Section  8.  Except  as  otherwise  provided  in  this  act, 
the  laws  of  the  commonwealth  governing  town  elections, 
special  elections  of  town  officers  and  special  elections  in 
to'WTis  shall,  so  far  as  applicable,  govern  such  elections  in 
the  town  of  Dracut. 

Section  9.  This  act  shall  be  submitted  to  the  voters  of 
the  town  of  Dracut  at  the  annual  town  meeting  to  be  held 
in  the  year  nineteen  hundred  and  forty-six,  in  the  form  of 
the  following  question,  which  shall  be  printed  on  the  official 
ballot  used  for  the  election  of  town  officers:  —  "Shall  an  act 
passed  by  the  general  court  in  the  year  nineteen  hundred 
and  forty-five,  entitled  'An  Act  providing  for  non-partisan 
preliminary  elections  in  the  town  of  Dracut,  and  regulating 
the  contents  of  ballots  used  at  elections  in 
said  town',  be  accepted?"  If  a  majority  of 
the  voters  voting  thereon  vote  in  the  affirma- 
tive in  answer  to  said  question,  this  act  shall  thereupon  take 
full  effect,  but  not  otherwise.        Approved  June  28,  IQJfB. 

An  Act  relative  to  sewer  assessments  in  the  town  of  QJkij)  492 

DANVERS. 

lie  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Dan  vers  shall  by  vote  deter- 
mine what  proportion  of  the  cost  of  the  system  of  sewerage 
and  sewage  disposal  constructed  under  authorit}^  of  chapter 
two  hundred  and  twenty-nine  of  the  Special  Acts  of  nine- 
teen hundred  and  sixteen,  including  the  whole  share  of  the 
cost  of  construction  of  the  system  of  sewage  disposal  of  the 
South  Essex  Sewerage  District  chargeable  to  said  town  un- 
der chapter  three  hundred  and  thirty-nine  of  the  acts  of 
nineteen  hundred  and  twenty-five,  as  amended,  and  includ- 
ing the  amounts  of  said  cost  hereafter  payable  as  well  as  the 
amounts  thereof  alreadj^  paid,  the  town  shall  pay;  provided, 
that  it  shall  pay  not  more  than  one  half  of  the  whole  cost. 
The  remaining  portion  of  said  cost  shall  be  paid  by  assess- 
ments upon  the  owners  of  estates  situated  within  the  terri- 
tory embraced  by  said  system  and  benefited  thereby,  but 
no  estate  shall  be  deemed  to  be  benefited  until  a  sewer  is 


YES. 
NO. 

494  Acts,  1945.  —  Chap.  492. 

constructed  into  which  it  can  be  drained.  Owners  of  estates 
situated  in  said  town  and  within  the  territory  embraced  by 
the  system  of  sewage  disposal  of  the  South  Essex  Sewerage 
District  shall,  if  such  estates  can  be  directly  drained  into  or 
connected  with  said  system,  be  assessed  in  the  manner  and 
by  the  methods  provided  by  this  act. 

Section  2.  In  providing  for  the  payment  by  said  owners 
of  estates  of  said  assessments,  based  on  the  cost  of  both  con- 
struction and  maintenance,  the  water  and  sewer  commis- 
sioners of  said  town  shall  use  a  method  which  shall  include 
a  fixed  charge  per  foot  of  frontage  plug  an  annual  charge 
based  on  amount  of  water  consumed  on  the  premises  as- 
sessed, except  that  said  commissioners  in  determining  an- 
nual charges  shall  make  due  allowance  for  water  used  for 
crop  production  or  such  other  purposes  as  do  not  result  in 
the  entry  of  water  so  used  into  the  sewerage  system.  Com- 
mercial and  industrial  establishments  using  large  quantities 
of  water  may  be  given  a  special  rate.  Frontage  assessments 
on  premises  shall  be  made  when  sewer  is  made  available 
therefor  and  the  annual  charges,  based  on  water  consump- 
tion, shall  begin  when  the  premises  have  been  connected  to 
the  sewer  or  five  years  after  the  sewer  is  available  for  such 
connection,  except  that  in  the  case  of  abutters  on  existing 
sewers  whose  premises  are  not  connected  thereto  at  the  time 
of  acceptance  of  this  act,  said  annual  charges  shall  begin 
five  years  after  the  time  of  such  acceptance.  Said  frontage 
assessments  shall  be  billed  annually  as  hereinafter  provided, 
and  said  annual  charges  shall  be  billed  quarterly  on  the  water 
bills.  Assessment  of  vacant  lots  shall  be  on  the  frontage 
basis  only,  but  upon  the  erection  of  any  building  thereon 
they  shall  thereafter  be  assessed  for  the  annual  charges  pro- 
vided by  this  act.  Said  annual  charges  shall  be  reviewed 
by  said  commissioners  annually  in  order  to  fix  rates  that 
will  balance  income  with  expenses  and  to  determine  value 
of  special  benefits  to  premises. 

Section  3.  For  the  purpose  of  fixing  the  amounts  of  as- 
sessments under  this  act,  said  commissioners  shall  determine 
the  value  of  the  special  benefit  to  every  parcel  of  real  estate 
from  the  said  system  of  sewerage  and  sewage  disposal,  tak- 
ing into  account  all  the  circumstances  of  the  case,  and  the 
proportionate  part  to  be  paid  by  the  respective  owners 
thereof,  shall  be  based  upon  the  amount  of  the  special  bene- 
fit to  each  such  parcel,  determined  as  aforesaid,  and  in  no 
case  shall  the  assessment  on  any  such  parcel  exceed  the 
value  of  the  special  benefit  thereto.  Upon  the  construction 
of  a  sewer  into  which  an  estate  can  be  drained,  the  said  com- 
missioners shall  give  written  notice  to  that  effect  to  the 
owner  thereof  as  of  the  preceding  January  first  and  stating 
the  total  amount  of  the  assessment  levied  against  his  estate 
on  a  frontage  basis,  and  said  commissioners  shall  certify 
said  assessment  to  the  assessors  of  the  town.  The  assessors 
shall  apportion  such  assessment  into  ten  equal  parts,  and 
one  of  said  parts  or  instalments,  with  interest  at  four  per 


Acts,  1945.  —  Chap.  492.  495 

cent  from  the  date  of  the  apportionment,  shall  be  added  by 
the  assessors  to  the  annual  property  tax  for  general  munici- 
pal purposes  on  such  estate  for  each  year  next  ensuing,  until 
all  the  said  parts  have  been  paid  unless  sooner  paid  as  here- 
inafter provided  in  this  act;  provided,  that  nothing  herein 
contained  shall  be  construed  to  prevent  the  pajrment  at  any 
time  in  one  payment,  notwithstanding  its  prior  apportion- 
ment, of  any  balance  of  said  assessments  then  remaining 
unpaid,  but  interest  on  such  balances,  at  the  rate  of  four 
per  cent  shall  be  paid  to  the  date  of  such  payment,  and 
thereupon  the  collector  of  taxes  of  the  town  shall  receive  the 
same  and  certify  such  payment  or  payments  to  the  assessors, 
who  shall  preserve  a  record  thereof.  In  the  case  of  corner 
lots  abutting  on  two  sewered  streets,  frontage  assessments 
shall  be  made  on  the  frontage  on  both  streets  except  for  an 
exemption  of  one  hundred  feet  on  one  street  only,  which 
distance  shall  start  from  the  intersection  of  the  street  lines. 

Section  4.  In  the  case  of  connections  made  by  said 
commissioners,  on  or  after  the  effective  date  of  this  act  or 
prior  to  said  date,  between  a  sewer  and  the  premises  of  abut- 
ters thereon,  payment  therefor  shall  be  made  in  the  same  • 
manner  as  provided  by  this  act  for  the  payment  of  frontage 
assessments. 

Section  5.  In  cases  where  the  premises  of  abutters  have 
been  assessed  prior  to  said  effective  date  by  a  method  other 
than  that  provided  by  this  act,  such  premises  shall  be  reas- 
sessed on  the  frontage  and  annual  charge  basis  provided  by 
this  act,  and  such  amounts,  if  any,  as  have  already  been 
paid  on  assessments  previously  made  shall  be  refunded. 

Section  6.  Any  person  aggrieved  by  any  assessment 
made  under  this  act  may,  within  six  months  after  notice  of 
such  assessment  has  been  sent  out  by  said  water  and  sewer 
commissioners,  file  with  said  commissioners  a  petition  for  an 
abatement  thereof,  and  they  shall  grant  such  abatement  as 
may  be  necessary  to  make  such  assessment  conform  to  law. 
Such  petition  may  be  filed  with  the  clerk  or  secretary  of  said 
commissioners  or  delivered  by  mail  or  otherwise  at  their 
office.  If  said  commissioners  fail  to  act  upon  such  a  peti- 
tion within  four  months  after  the  filing  thereof,  the  peti- 
tion shall  be  deemed  to  be  denied.  If  such  a  petition  is 
deemed  to  be  denied  as  aforesaid,  or  is  denied  either  in 
whole  or  in  part  by  said  commissioners,  the  party  aggrieved 
shall  have  the  right,  within  sixty  days  thereafter,  to  bring 
an  action  in  the  superiof  court  for  the  county  of  Essex  and 
have  a  jury  determine  the  amount  of  the  assessment.  If  the 
amount  of  the  assessment  has  been  abated  by  said  commis- 
sioners, or  by  a  jury  if  an  appeal  has  been  taken,  the  revised 
assessment  shall  be  paid  and  collected  in  the  same  manner 
as  the  original  assessment.  If  the  original  assessment  has 
been  paid,  the  person  by  whom  it  was  paid  shall  be  reim- 
bursed by  the  town  treasurer  to  the  amount  of  the  abate- 
ment with  interest  at  the  rate  of  four  per  cent  per  annum 
from  the  time  of  payment. 


496  Acts,  1945.  —  Chap.  493. 

Section  7.  The  provisions  of  chapters  eighty  and  eighty- 
three  of  the  General  Laws,  including  the  provisions  thereof 
relative  to  liens  for  annual  sewer  charges,  shall  apply  to  the 
collection  of  frontage  assessments  and  annual  charges  under 
sections  two  and  three  of  this  act  and  of  connection  charges 
under  section  four  thereof,  but  otherwise  they  shall  not 
apply. 

Section  8.  Such  provisions  of  chapter  two  hundred  and 
twenty-nine  of  the  Special  Acts  of  nineteen  hundred  and 
sixteen,  and  acts  in  amendment  thereof  or  in  addition  thereto, 
as  are  inconsistent  with  the  provisions  of  this  act  are  hereby 
repealed. 

Section  9.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  the  town  of  Danvers  at  any  annual  or  special 
town  meeting.  Approved  June  28,  1945. 

ChapA9S  An  Act  providing  for  the  granting  without  fee  to 

DISABLED    VETERANS    OF    WORLD    WAR    II    OF    SPECIAL    LI- 
CENSES  TO   ACT   AS   HAWKERS   OR   PEDLERS. 

Emergency  ^  Whereas,  Many  residents  of  this  commonwealth  in  the 
preamble.  armed  forces  are  returning  from  time  to  time  and  it  is  re- 
quired that  this  act  be  made  effective  forthwith  in  order 
to  enable  them  to  obtain  at  once  the  benefits  thereof,  there- 
fore this  act  is  hereby  declared  to  be  an  emergency  law, 
necessary  for  the  immediate  preservation  of  the  public  con- 
venience. 

Be  it  enacted,  etc.,  as  follows: 

EdV'ioi^j'M  Section  1.  Section  twenty-four  of  chapter  one  hundred 
etc!. 'amended '  and  oue  of  the  General  Laws,  as  amended  by  chapter  seventy- 
four  of  the  acts  of  nineteen  hundred  and  thirty-six,  is  hereby 
further  amended  by  striking  out,  in  the  eighth  line,  the  words 
"the  world  war"  and  inserting  in  place  thereof  the  words: 
—  World  War  I  or  World  War  II,  —  so  as  to  read  as  fol- 
Speciai  state      lows :  —  Scctiou  2 A.     The  director  may  grant  without  fee, 

or  countv  «/     <— '  ' 

licenses  to         on  proof  of  identity,  a  special  state  or  county  license  to  act 
veterans.  ^  hawkcr  or  pedler,  subject  otherwise  to  this  chapter,  to 

any  soldier  or  sailor  resident  in  the  commonwealth  for  a 
period  of  not  less  than  one  year  immediately  preceding  the 
date  of  application  for  such  license  who  served  in  the  army 
or  navy  of  the  United  States  during  World  War  I  or  World 
War  II  and  received  an  honorable  discharge  or  a  release 
therefrom,  and  who  is  wholly  or  partly  disabled  by  reason 
of  wounds  or  injury  received,  or  disease  contracted,  during 
such  service;  provided,  that  no  license  under  this  section 
shall  authorize  the  holder  thereof  to  act  as  hawker  or  pedler 
on  any  public  street  or  sidewalk  in  any  city  or  town  unless 
and  until  he  shall  have  received  written  authority  so  to  do 
from  the  chief  of  police  or  other  official  having  charge  of 
the  police  therein. 
Sltafn  Ob"-''"'"  Section  2.  Any  veteran  of  World  War  II  granted  a 
cumetances.  liccnsc  Under  scctiou  twenty-four  of  chapter  one  hundred 
and  one  of  the  General  Laws,  as  amended  by  section  one  of 


Acts,  1945. —  Chaps.  494,  495.  497 

this  act,  while  holding  a  license  granted  under  section  twenty- 
two  or  twenty-three  of  said  chapter  one  hundred  and  one, 
shall  be  entitled  to  a  refund  of  the  fee  paid  for  such  last 
mentioned  license.  Appi'oved  June  28,  1945. 

An  Act  relative  to  certain  payments  by  the  city  of  ChavA94 

FALL    RIVER    TO    THE    TOW^N    OF    DARTMOUTH    IN    LIEU    OF 
TAXES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Fall  River  shall,  annually  on 
July  first,  pay  to  the  town  of  Dartmouth  an  amount  equal 
to  thirty  dollars  for  every  thousand  dollars  heretofore  or 
hereafter  expended  in  such  town  for  a  pumping  station,  for 
the  purpose  of  diverting  the  waters  of  Noquochoke  lake  into 
South  Watuppa  pond,  such  pumping  station  having  been 
erected  under  grants  from  the  federal  government  pursuant 
to  House  bill  4545  of  the  seventy-seventh  congress  approved 
June  twenty-eighth,  nineteen  hundred  and  forty-one,  and 
being  Public  .Law  137.  Such  paj^ment  shall  be  in  lieu  of 
taxes  upon  such  pumping  station  and  also  in  lieu  of  any 
payment  in  respect  thereto  under  section  six,  seven  or  seven 
A  of  chapter  fifty-nine  of  the  General  Laws.  In  the  event  of 
dispute  as  to  the  amount  to  be  paid  on  July  first  of  any  year, 
the  parties  shall  be  heard  by  the  commissioner  of  corpora- 
tions and  taxation  on  application  of  either  party  made  prior 
to  August  first  of  such  year,  and  the  determination  of  said 
commissioner  shall  be  final. 

Section  2.  This  act  shall  take  effect  upon  its  passage 
and  shall  apply  in  the  yeaj-  nineteen  hundred  and  forty-five 
and  thereafter.  Approved  June  28,  1945. 


An  Act  subjecting  to  the  civil  service  laws  all  posi-  ChavA95 

TIONS  IN  THE  AUDITING  AND  BUDGET  DEPARTMENTS  OF 
THE  CITY  OF  BOSTON,  THE  SALARIES  OF  WHICH  ARE  PAID 
FROM   APPROPRIATIONS   FOR   THE    COUNTY    OF   SUFFOLK. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  All  positions  in  the  auditing  and  budget  de- 
partments of  the  city  of  Boston,  the  salaries  of  which  are 
paid  from  appropriations  for  the  county  of  Suffolk,  shall, 
upon  the  effective  date  of  this  act,  become  subject  to  the 
civil  service  laws  and  rules  and  regulations,  and  the  tenure 
of  office  of  any  incumbents  of  said  positions  shall  be  un- 
limited, subject,  however,  to  said  laws;  but  the  incumbents 
of  said  positions  on  said  effective  date  shall  be  subjected  to 
a  non-competitive  qualifying  examination  by  the  division  of 
civil  service,  and  those  passing  said  examination  shall  be 
certified  for  their  respective  positions,  and  shall  be  deemed 
to  be  permanently  appointed  thereto  without  being  required 
to  serve  any  probationary  period. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  June  28,  1945. 


498 


Acts,  1945.  —  Chaps.  496,  497. 


ChapA96  An  Act  designating  a  certain  state  highway  as  the 

UNITED    SPANISH    WAR   VETERANS   HIGHWAY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  That  portion  of  the  state  highway,  known 
as  "Route  9",  between  the  Boston  city  Une  and  the  junc- 
tion of  said  route  in  the  town  of  Northborough  with  the 
state  highway,  known  as  "Route  20",  and  that  portion  of 
said  "Route  20"  between  said  junction  and  the  city  of 
Springfield,  shall  hereafter  be  designated  and  known  as  the 
United  Spanish  War  Veterans  Highway.  The  department 
of  public  works  is  hereby  authorized  and  directed  to  erect 
along  said  highway  suitable  markers  bearing  said  desig- 
nation. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  June  28,  1945. 


Emergency 
preamble. 


ChapA97  An  Act  further  regulating  the  milk  control  board 

IN   THE   department   OF   AGRICULTURE. 

Whereas,  The  deferred  operation  of  this  act  would  tend 
to  defeat  its  purpose,  which  is  to  provide  in  part  that  the 
chairman  of  the  milk  control  board  be  entitled  to  act  as 
such  chairman  immediately,  therefore  it  is  hereby  declared 
to  be  an  emergency  law,  necessary  for  the  immediate  pres- 
ervation of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  twenty  of  the  General  Laws  is  hereby 
amended  by  striking  out  section,  seven,  inserted  therein  by 
section  one  of  chapter  six  hundred  and  ninety-one  of  the 
acts  of  nineteen  hundred  and  forty-one,  and  inserting  in 
place  thereof  the  following  section :  —  Section  7.  In  addi- 
tion to  the  divisions  referred  to  in  section  four,  there  shall 
be  in  the  department  a  division  of  milk  control,  under  the 
control  and  supervision  of  a  board  to  be  known  as  a  milk 
control  board,  said  board  in  this  and  sections  eight  and  nine 
being  referred  to  as  the  board.  The  board  shall  consist  of 
three  persons  who  shall  be  appointed  by  the  governor,  by 
and  with  the  advice  of  the  council,  for  terms  of  four  years 
each  and  until  the  qualification  of  their  respective  succes- 
sors. The  governor  shall  from  time  to  time  designate  one 
of  said  members  as  chairman.  Upon  the  expiration  of  the 
term  of  any  member  his  successor  shall  be  appointed  in  like 
manner  for  a  term  of  four  years.  Any  member  of  the  board 
may  be  removed  by  the  governor,  upon  due  notice  and  hear- 
ing, for  neglect  of  duty  or  malfeasance  in  office,  but  for  no 
other  cause. 

One  vacancy  in  the  membership  of  the  board  shall  not 
impair  the  right  of  the  remaining  members  to  exercise  all 
the  powers  of  the  board,  and  two  members  of  the  board 
shall  at  all  times  constitute  a  quorum.  The  board  shall 
have  an  official  seal  which  shall  be  judicially  noticed. 


G.  L.  (Ter. 
Ed.).  20.  §  7, 
etc.,  amended. 


Milk  control 
board.  ' 


Appointment 
of  members, 
etc. 


Acts,  1945.  —  Chap.  498.  499 

The  chairman  of  the  board  shall  be  a  person  qualified  by  Expenses 
training  and  experience  for  the  duties  of  his  office.  He  shall  ^^'  ^*''" 
receive  an  annual  salary  of  six  thousand  dollars  and  his 
actual  expenses  for  necessary  travel  in  the  performance  of 
his  official  duties,  and  shall  devote  his  entire  time  to  his 
duties  hereunder.  The  other  two  members  of  the  board 
shall  each  receive  as  compensation  the  sum  of  fifteen  hun- 
dred dollars  per  annum  and  their  actual  expenses  for  neces- 
sary travel  incurred  in  the  performance  of  their  official 
duties. 

Section  2.     The  milk  control  board  established  under  Miik  control 
section  seven  of  chapter  twenty  of  the  General  Laws,  as  ex-  continue  in 
isting  upon  the  effective  date  of  this  act,  shall  continue  in  existence,  etc. 
existence  with  the  same  membership,  powers  and  duties,  ex- 
cept that  the  commissioner  of  agriculture  shall,  upon  said 
effective  date,  cease  to  be  a  member  of  said  board  and  that 
the  governor,  with  the  advice  and  consent  of  the  council, 
shall  as  soon  as  practicable  following  said  effective  date 
appoint  one  additional  member  of  said  board,  for  a  term 
expiring  on  September  thirtieth,  nineteen  hundred  and  forty- 
eight,  and  shall  thereupon  designate  one  of  the  members  of 
said  board  as  chairman  thereof.    Approved  June  28,  1945. 

An  Act  temporarily  increasing  the  salaries  of  officers  ChavA^S 

AND  employees  IN  THE  SERVICE  OF  COUNTIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  salary  of  each  person  in  the  service  of 
any  county  is  hereby  increased  by  an  amount  equal  to 
twenty  per  cent  thereof;  provided,  that  such  increase  shall 
not  for  full-time  service  be  less  than  at  the  rate  of  three 
hundred  dollars  per  annum  nor  more  than  at  the  rate  of  four 
hundred  and  twenty  dollars  per  annum;  and  provided, 
further,  that  said  minimum  or  said  maximum,  in  the  case  of 
any  such  person  serving  on  a  part-time  basis,  shall  be  ad- 
justed by  the  county  personnel  board  to  an  amount  which 
bears  the  same  ratio  to  said  minimum  or  maximum  as  his 
service  bears  to  full-time  service. 

Section  2.  The  salary  of  a  justice,  special  justice,  clerk, 
assistant  clerk,  probation  officer  or  court  officer  of  a  district 
court,  a  probation  officer  of  the  superior  court,  a  deputy 
sheriff  acting  as  court  officer,  a  trial  justice,  or  a  county  com- 
missioner, is  hereby  increased  by  an  amount  equal  to  twenty 
per  cent  thereof  but  not  more  than  four  hundred  and  twenty 
dollars  per  annum. 

Section  3.  The  increase  of  salary  provided  by  this  act 
shall  be  effective  only  for  the  period  beginning  July  first, 
nineteen  hundred  and  forty-five,  and  ending  June  thirtieth, 
nineteen  hundred  and  forty-six.  The  temporary  salary 
increase  granted  hereunder  in  the  case  of  any  person  whose 
basic  salary  is  changed  during  said  period  by  promotion, 
step  rate  increase,  transfer  or  otherwise  shall  be  based  on  his 
basic  salary  as  so  changed. 


500  Acts,  1945.  —  Chap.  499. 

Section  4.  Every  officer  and  employee  entering  the 
service  of  any  county  during  said  period  shall  be  entitled  to 
receive  the  compensation  of  his  office  or  position  as  increased 
by  this  act. 

Section  5.  The  word  "salary"  as  used  in  this  act  shall 
include  maintenance  allowances  the  value  of  which  is  fixed 
in  the  manner  provided  by  the  rules  and  regulations  estab- 
lished under  the  provisions  of  sections  forty-eight  to  fifty- 
six,  inclusive,  of  chapter  thirty-five  of  the  General  Laws. 

Section  6.  The  county  personnel  board  is  hereby  di- 
rected to  revise  its  schedules  of  rates  and  ranges  to  conform 
to  the  pertinent  provisions  of  sections  one  and  two. 

Section  7.  Said  board  shall  administer  so  much  of  this 
act  as  affects  the  salary  of  any  person  whose  office  or  position 
is  subject  to  any  provision  of  sections  forty-eight  to  fifty- 
six,  inclusive,  of  chapter  thirty-five  of  the  General  Laws, 
and  the  director  of  accounts  shall  administer  so  much  thereof 
as  affects  the  salary  of  any  person  whose  office  or  position  is 
not  subject  to  said  sections;  provided,  that  nothing  in  this 
act  shall  be  construed  to  hmit  the  respective  powers  of  said 
board  and  said  director  as  now  defined  by  law. 

Section  8.  No  increase  in  salary  made  by  this  act  shall, 
for  any  purpose  of  chapter  thirty-two  of  the  General  Laws, 
be  deemed  or  construed  to  be  a  portion  of  the  regular  com- 
pensation of  any  officer  or  employee  now  or  hereafter  in  the 
service  of  any  county. 

Section  9.  This  act  shall  not  apply  to  officers  or  em- 
ployees of  the  county  of  Suffolk. 

Section  10.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  28,  1945. 

ChapA99  An  Act  authokizing  the  town  of  west  springfield  to 
lease  certain  land  in  the  town  of  agawam  for  public 
playground  and  recreation  center  purposes. 

Be  it  enacted,  etc. ,  as  follows: 

Section  1.  The  town  of  West  Springfield,  by  its  park 
and  playground  commission,  is  hereby  authorized  to  lease 
from  time  to  time  for  public  playground  or  recreation  center 
purposes  the  whole  or  any  part  of  the  land  in  the  town  of 
Agawam  contiguous  to  the  town  of  West  Springfield  and 
owned  by  the  Eastern  States  Exposition.  Any  lease  entered 
into  under  authority  of  this  act  shall  be  for  a  term  not  ex- 
ceeding five  years  and  shall  contain  such  provisions  as  may 
be  mutually  agreed  upon  by  said  town  of  West  Springfield 
and  said  Eastern  States  Exposition.  The  powers  and 
authority  conferred  by  section  fourteen  of  chapter  forty-five 
of  the  General  Laws  are  hereby  granted  to  the  town  of  West 
Springfield  and  its  park  and  playground  commission  for  the 
purposes  of  using  any  such  leased  land  for  a  public  play- 
ground or  recreation  center. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  June  28, 1945. 


Acts,  1945.  —  Chaps.  500,  501.  501 

An  Act  authorizing  the  disposition  of  a  parcel  of  Cha7).500 

STATE    LAND   IN   WILBRAHAM. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  commissioner  of  conservation,  on  behalf 
of  the  commonwealth,  is  hereby  authorized,  subject  to  the 
approval  of  the  governor  and  council,  to  dispose  of  a  certain 
parcel  of  land  owned  by  the  commonwealth  and  located  in 
the  town  of  Wilbraham,  bounded  and  described  as  follows: 
—  Beginning  at  a  stake  and  stone  on  the  road  leading  from 
the  dwelling  house  of  the  late  Roswell  Phelps  to  the  town  of 
Somers  and  running  thence  westerly  about  twenty-one  rods 
to  a  stake  and  stone;  thence  northerly  about  seven  and 
one  half  rods  to  a  stake  and  stone;  thence  easterly  about 
twenty-one  rods  to  a  stake  and  stone  on  the  west  side  of 
the  road  at  the  point  of  beginning.  Being  the  same  premises 
conveyed  to  the  commonwealth  by  deed  recorded  in  Hamp- 
den county  registry  of  deeds,  book  nine  hundred  and  eight, 
page  two  hundred  and  one,  on  August  eighth,  nineteen 
hundred  and  fourteen.  The  grantee  of  said  property  shall, 
in  consideration  of  said  grant,  pay  into  the  state  treasury 
an  amount  equal  to  the  fair  valuation  of  said  property. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  28,  1945. 


An  Act  authorizing  the  whately  fire  and  water  dis-  Ph^j)  Km 

TRICT    of    whately    TO    EXEMPT    CERTAIN    PROPERTY    IN  ^' 

SAID  DISTRICT  FROM  TAXES  ASSESSED  BY  IT,  AND  TO  VALI- 
DATE   THE    ELECTION    OF    OFFICERS    OF    SAID    DISTRICT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  seven  of  chapter  one  hundred  and 
two  of  the  acts  of  nineteen  hundred  and  thirty-four  is 
hereby  amended  by  adding  at  the  end  the  following  para- 
graph :  — 

No  estate  shall  be  subject  to  any  tax  assessed  on  account 
of  the  system  of  water  supply  under  this  act,  if,  in  the  judg- 
ment of  the  board  of  water  commissioners  hereinafter  pro- 
vided for,  after  a  hearing,  due  notice  whereof  shall  have 
been  given,  such  estate  is  so  situated  that  it  can  receive  no 
aid  in  the  extinguishment  of  fire  from  said  system  of  water 
supply,  or  if  such  estate  is  so  situated  that  the  buildings 
thereon,  or  the  buildings  that  might  be  constructed  thereon, 
in  any  ordinary  or  reasonable  manner  could  not  be  supplied 
with  water  from  said  system;  but  all  other  estates  in  said 
district  shall  be  deemed  to  be  benefited  and  shall  be  subject 
to  the  tax.  A  certified  list  of  the  estates  exempt  from  taxa- 
tion under  this  section  shall  annually  be  sent  by  the  board 
of  water  commissioners  to  the  assessors,  at  the  same  time 
at  which  the  clerk  shall  send  a  certified  copy  of  the  vote  as 
aforesaid. 


502 


Acts,  1945. —  Chap.  502. 


Section  2.  The  election  of  the  officers  of  said  district, 
duly  held  on  February  twenty-eight,  nineteen  hundred  and 
forty-five,  is  hereby  confirmed  and  made  valid  if  and  so  far 
as  the  same  may  have  been  invalid. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  28,  1946. 


Chap. 502  An  Act  relative  to  the  fee  for  applicants  for  ex- 
amination AND  REGISTRATION  AS  PHARMACISTS  AND  TO 
THE  RENEWAL  OF  SUCH  REGISTRATION. 


Emergency 

preamble. 


G.  L.  (Ter. 
Ed.),  112,  §  24, 
etc.,  amended. 


Examination 
and  registra- 
tion of 
pharmacists. 


Whereas,  The  deferred  operation  of  this  act  would  prevent 
it  from  taking  effect  on  the  date  provided  therein  for  its 
taking  effect,  therefore  it  is  hereby  declared  to  be  an  emer- 
gency law,  necessary  for  the  immediate  preservation  of  the 
public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  twenty-four  of  chapter  one  hundred 
and  twelve  of  the  General  Laws,  as  most  recently  amended 
by  section  one  of  chapter  fifty-two  of  the  acts  of  nineteen 
hundred  and  forty-one,  is  hereby  further  amended  by  strik- 
ing out,  in  the  second  and  in  the  thirteenth  lines,  as  so  appear- 
ing, the  word  "five"  and  inserting  in  place  thereof,  in  each 
instance,  the  word:  —  ten,  —  so  as  to  read  as  follows:  — 
Section  24-  A  person  who  desires  to  do  business  as  a  phar- 
macist shall,  upon  payment  of  ten  dollars  to  the  board  of 
registration  in  pharmacy,  herein  and  in  sections  twenty-five 
to  forty-two,  inclusive,  called  the  board,  be  entitled  to  ex- 
amination; provided,  that  he  shall  have  been  graduated 
from  a  school  or  college  of  pharmacy  approved  by  the  board 
and  the  commissioner  of  education.  If  any  such  person  is 
found  qualified  on  examination,  he  shall  be  registered  as  a 
pharmacist,  and  shall  receive  a  certificate  signed  by  the 
president  and  secretary  of  the  board.  Any  person  failing 
to  pass  such  examination  shall  upon  request  be  re-examined, 
after  the  expiration  of  three  months,  at  any  regular  meeting 
of  the  board,  upon  payment  of  ten  dollars.  The  board  may 
grant  certificates  of  registration  as  assistants  after  examina- 
tion upon  the  terms  above  named,  and  such  certificates 
shall  entitle  the  holder  thereof  to  all  the  privileges  of  a 
registered  pharmacist  during  the  temporary  absence  of  the 
latter,  which  absence  shall  be  not  more  than  six  hours  in 
any  one  period  of  twenty-four  consecutive  hours;  provided, 
that,  upon  application  to  the  board,  such  an  assistant  may 
be  permitted  to  exercise  the  privileges  of  a  registered  phar- 
macist for  such  further  period  as  the  board  shall  determine. 
No  such  certificate  as  assistant  shall  allow  the  holder  thereof 
to  engage  in  the  drug  business  on  his  own  account  or  as  a 
manager  to  conduct  a  pharmacy  or  drug  store.  The  board 
may  grant  certificates  of  registration  to  such  persons  as 
shall  furnish  with  their  applications  satisfactory  proof  that 
they  have  been  registered  by  examination  in  some  other 


Acts,  1945.  —  Chap.  502.  503 

state;  provided,  that  such  other  state  shall  require  a  degree 
of  competency  equal  to  that  required  of  applicants  in  this 
commonwealth.  Every  such  applicant  for  registration  as  a 
registered  pharmacist  shall  pay  to  the  secretary  of  the  board 
twenty-five  dollars  at  the  time  of  filing  his  application.  No 
such  certificate  shall  be  granted  until  the  person  applying 
therefor  shall  have  signified  his  intention  of  acting  under 
the  same  in  this  commonwealth.  No  certificate  shall  be 
granted  under  this  section  unless  the  applicant  shall  have 
submitted  evidence  satisfactory  to  the  board  that  he  is  a 
citizen  of  the  United  States. 

Section  2.  The  amendments  made  to  section  twenty-  Effective 
four  of  chapter  one  hundred  and  twelve  of  the  General  Laws  '^*^- 
by  section  one  of  this  act  shall  take  effect  on  the  effective 
date  of  this  act.  The  amendments  made  to  said  section 
twenty-four  by  section  one  of  chapter  fifty-two  of  the  acts 
of  nineteen  hundred  and  forty-one,  as  affected  by  chapter 
one  hundred  and  sixty-five  of  the  acts  of  nineteen  hundred 
and  forty-three,  shall,  as  amended  by  section  one  of  this  act, 
take  effect  on  January  first,  nineteen  hundred  and  forty- 
eight. 

Section  3.     Said   chapter   one   liundred   and   twelve   is  g.  l.  (Ter. 
hereby  further  amended  b}^  inserting  after  section  twenty-  §  24A.^ad'ded!^ 
four,    as   amended,    the   following   section:  —  Section  24 A.  Record  of 
The  board  shall  keep  an  official  record  of  the  names  of  all  plfarmadsts 
I'egistered  pharmacists  and  registered  assistant  pharmacists,  agg-sunt*^'^^'' 
All  registrations  of  registered   pharmacists   and  registered  pharmacists 
assistant  pharmacists  shall  expire  on  December  thirty-first  Expb'atlon 
of  each  year.    Any  holder  of  a  certificate  of  registration  as  a  date, 
pharmacist   or   assistant   pharmacist   issued   under  section  certificate  of 

c  •■  1111111  •!!  registration. 

twenty-four  and  remaining  uncancelled  shall  be  entitled  to 
have  such  certificate  annually  renewed  by  registration  by  the  Renewal, 
board,  upon  the  payment  of  an  annual  renewal  fee  of  two 
dollars.  On  the  first  d.ay  of  November  of  each  year,  the 
board  shall  send  written  notice  to  this  effect  to  every  regis- 
tered pharmacist  and  every  registered  assistant  pharmacist 
and  shall  enclose  with  each  notice  a  proper  blank  for  such 
registration.  If  said  blank  properly  filled  out,  together  with 
said  fee  of  two  dollars,  shall  not  on  or  before  the  thirty-first 
day  of  December  of  such  year  be  received  by  said  board 
from  any  pharmacist  or  assistant  pharmacist  so  notified, 
said  board  shall  strike  from  the  register  the  name  of  such 
pharmacist  or  assistant  pharmacist;  provided,  that  at  any 
time  within  three  years  thereafter,  any  pharmacist  or  assist- 
ant pharmacist  whose  name  shall  have  been  so  removed 
from  the  register  may,  upon  submission  to  the  board  of  proof 
satisfactory  to  it  of  his  moj-al  and  physical  fitness,  have  his 
name  restored  by  it,  upon  the  payment  to  it  of  a  fee  of  five 
dollars.  If  within  three  years  from  the  date  of  such  written 
notice  the  board  shall  not  have  received  from  such  pharmacist 
or  assistant  pharmacist  a  properly  executed  request  for  a 
I'enewal  of  his  registration  it  shall  not  re-register  him  or 
deliver  to  him  a  renewal  certificate  until  after  a  hearing  as 


504  Acts,  1945.  —  Chaps.  503,  504. 

to  his  moral  and  physical  fitness  has  been  held,  nor  until 
after  the  payment  of  all  accrued  annual  renewal  fees,  which 
in  no  event  shall  be  more  than  five  dollars. 
Effective  Section  4.    This  act  shall  take  effect  on  June  thirtieth, 

nineteen  hundred  and  fort^z-five. 

Approved  June  28,  194-5. 

Chap.dOS  An  Act  relative  to  the  coxtrol  of  lake  massapgag  in 

THE    TOWN    OF   SHARON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  seventy-three  of  the  acts  of  nine- 
teen hundred  and  forty-three  is  hereby  amended  by  striking 
out  section  one  and  inserting  in  place  thereof  the  following 
section:  —  Section  1.  The  town  of  Sharon,  acting  through 
its  board  of  park  commissioners,  or  through  its  board  of 
selectmen  or  planning  board  when  acting  as  park  commis- 
sioners, may  from  time  to  time  make  rules  and  regulations 
as  to  the  erection,  maintenance  and  control  of  all  public  bath 
houses  on  the  shores  of  Lake  Massapoag  in  said  town. 

Section  2.  Section  two  of  said  chapter  seventy-three  is 
hereby  amended  by  striking  out,  in  the  first  line,  the  words 
"through  its  board  of  selectmen"  and  inserting  in  place 
thereof  the  words:  —  acting  as  aforesaid,  —  so  as  to  read 
as  follows:  —  Section  2.  Said  town,  acting  as  aforesaid, 
may  from  time  to  time  make  rules  and  regulations  governing 
fishing,  boating,  bathing,  skating  and  other  recreational 
activities  in  or  on  Lake  Massapoag  in  said  town.  Such  rules 
and  regulations  relative  to  fishing  shall  be  subject  to  the 
approval  of  the  division  of  fisheries  and  game  of  the  depart- 
ment of  conservation,  and  such  other  rules  and  regulations 
shall  be  subject  to  the  approval  of  the  department  of  public 
works,  and,  in  either  case,  when  so  approved  shall  have  the 
force  of  law. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  28,  194-^. 


Chap. 504  An  Act  relative  to  annual  reports  of  the  Massachu- 
setts state  college. 


G.  L.  (Ter. 


Be  it  enacted,  etc.,  as  follows: 

Ed )  75  §  8  Section  eight  of  chapter  seventy-five  of  the  General  Laws, 

ameAded.  '  as  appearing  in  the  Tercentenary  Edition,  is  hereby  amended 
by  striking  out,  in  the  first  and  second  lines,  the  words 
"commissioner  of  education  shall  make  an  annual  report" 
and  inserting  in  place  thereof  the  words :  —  trustees  shall 
annually  make  a  report  for  the  college,  —  so  as  to  read  as 
Report.  follows:  —  Scctioji  8.     The  trustees  shall  annually  make  a 

°  report   for   the   college,   which,    with   appendices,   may   be 

printed  in  six  parts,  as  follows:  part  one,  the  report  of  the 
trustees;  part  two,  the  report  of  the  president  and  other 
officers  of  administration;    part  three,  the  catalogue  of  the 


Printing. 


Acts,  1945.  —  C^hap.  505.  505 

college;  part  four,  the  report  of  the  director  of  the  Massa- 
chusetts agricultural  experiment  station  and  other  officers; 
part  five,  the  detailed  reports  of  the  experiment  station; 
and  part  six,  the  report  of  the  director  of  the  extension 
service.  Approved  June  28,  1945. 


An  Act  relative  to  the  making  of  contractual  provi-  (JJiqj)  5Q5 

SIGN  FOR  THE  CARE  AND  MAINTENANCE  AT  THE  HAMPSHIRE 
COUNTY  SANATORIUM  OF  RESIDENTS  OF  THE  TUBERCULOSIS 
HOSPITAL  DISTRICTS  OF  THE  COUNTIES  OF  BERKSHIRE 
AND    FRANKLIN    SUFFERING    FROM    TUBERCULOSIS. 

Be  it  enacted,  etc.,  as  follow s: 

Section  1.  A  contract,  entered  into  before  October 
first,  nineteen  hundred  and  forty-six,  between  the  tubercu- 
losis hospital  districts  of  the  counties  of  Berkshire  and 
Franklin,  acting  by  the  county  commissioners  of  the  re- 
spective counties,  and  the  tuberculosis  hospital  district  of 
the  county  of  Ham.pshire,  acting  by  the  county  commis- 
sioners of  said  county,  providing  for  the  care  and  treatment 
of  the  tubercular  patients  of  the  two  first  named  districts 
in  the  tuberculosis  hospital  of  the  last  named  district  for  a 
period  not  exceeding  five  years,  if  submitted  prior  to  April 
first,  nineteen  hundred  and  forty-six,  to  the  department  of 
public  health  for  its  approval  and  approved  by  it  prior  to 
such  date,  shall  be  deemed  satisfactory  compliance  with 
section  seventy-eight  of  chapter  one  hundred  and  eleven  of 
the  General  Laws  by  the  two  first  named  districts,  and  such 
contract  shall,  subject  to  the  approval  of  said  department, 
be  renewable  for  periods  not  exceeding  five  j^ears  each  upon 
terms  satisfactory  to  the  contracting  parties;  provided, 
that  if  such  contract  or  any  renewal  thereof  is  not  so  re- 
newed, upon  terms  approved  by  said  department,  at  least 
six  months  before  it  expires,  or  if  the  contract  or  any  renewal 
thereof  is  so  renewed  and  said  department  shall  refuse  ap- 
proval on  the  ground  that  by  reason  of  changed  circum- 
stances it  will  be  inadequate  properly  to  protect  the  public 
health  of  the  communities  affected  b}^  it,  and  the  contract- 
ing parties  fail,  at  least  three  months  before  the  time  when 
the  previous  contract  or  renewal  thereof  expires,  to  agree 
to  such  a  renewal  upon  terms  approved  by  said  department, 
the  duties  and  obligations  relative  to  supplying  adequate 
hospital  care  for  the  tuberculosis  hospital  districts  of  the 
two  first  named  counties  imposed  upon  their  county  com- 
missioners by  sections  seventy-eight  to  ninety,  inclusive,  of 
said  chapter  one  hundred  and  eleven  shall  be  in  full  force 
and  effect.  All  action  heretofore  taken  and  all  acts  done  by 
the  trustees  of  said  hospital  districts  under  the  existing  con- 
tract relating  to  the  care  of  tubercular  patients  in  said 
hospital  are  hereby  validated. 

Section  2.     All  amounts  expended  by  or  due  from  each 
of  the  counties  of  Berkshire,  Franklin  and  Hampshire  in 


506  Acts,  1945.  —  Chaps.  506,  507. 

connection  with  the  maintenance,  operation  and  repair  of 
the  tuberculosis  hospital  of  the  county  of  Hampshire  during: 
the  term  of  any  contract  for  the  joint  use  thereof  by  said 
three  counties  shall  be  included  in  the  annual  appropriation 
for  the  county  expenses  and  in  the  county  tax;  and  so  much 
of  said  section  eighty-five  of  chapter  one  hundred  and 
eleven  of  the  General  Laws,  as  most  recently  amended  by 
section  one  of  chapter  five  hundred  of  the  acts  of  nineteen 
hundred  and  forty-three,  as  is  inconsistent  with  the  fore- 
going shall  not  apply  in  the  case  of  said  counties  of  Berk- 
shire, Franklin  and  Hampshire. 

Section  3.     This  act  shall  take  effect  on  January  first, 
nineteen  hundred  and  forty-six.     Approved  June  28,  1945. 

Chap.50Q  An  Act  authorizing  grand  or  district  lodges  of  cer- 
tain SECRET  ORDERS  OR  FRATERNITIES  TO  PAY  A  LIMITED 
amount   of   DEATH    OR    FUNERAL    BENEFITS. 

Be  it  enacted,  etc.,  as  follotvs: 

EdVm^in  Chapter  one  hundred  and  seventy-six  of  the  General 
§'46b,  added.  Laws  is  hereby  amended  by  inserting  after  section  forty- 
six  C,  inserted  by  chapter  three  hundred  and  ninety-seven 
of  the  acts  of  nineteen  hundred  and  forty-one,  the  following 
Payment  of  scctiou :  —  Sectwn  Ji-GD.  A  grand  or  district  lodge  of  a 
of"del'th'^or°"°*^  secret  order  or  fraternity  which  operates  on  the  lodge  sys- 
funera)  benefits  tem  with  a  representative  form  of  government  and  doing 
lodges  of  business    in    this    commonwealth   under   any   provision    of 

ordCTs^or*''''^'^*  section  forty-six  may  pay  a  death  or  funeral  benefit  not 
fraternities.  excceding  two  hundred  dollars  without  conforming  to  the 
provisions  of  this  chapter  except  this  section  and  section 
forty-six;  provided,  that  no  such  benefit  is  paid  by  the 
supreme  or  parent  body  of  the  organization  or  by  the  sub- 
ordinate lodges  under  the  jurisdiction  of  such  grand  or 
district  lodge;  and  provided,  further,  that  no  assessments 
for  any  such  benefit  are  levied  or  collected  by  the  supreme 
or  parent  body  of  the  organization. 

Approved  June  28,  1945. 


Chap. 507  An    Act   relative   to    providing    higher    educational 

OPPORTUNITIES  FOR  THE  CHILDREN  OF  MASSACHUSETTS 
MEN  AND  WOMEN  WHO  DIED  IN  THE  MILITARY  OR  NAVAL 
SERVICE  OF  THE  UNITED  STATES  DURING  ANY  WAR  OR 
INSURRECTION,  OR  AS  A  RESULT  OF  SUCH  SERVICE. 

Re  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  two  hundred  and  sixty-three  of  the 
acts  of  nineteen  hundred  and  thirty  is  hereby  amended  by 
striking  out  section  one,  as  amended  by  chapter  four  hun- 
dred and  twenty-eight  of  the  acts  of  nineteen  hundred  and 
thirty-eight,  and  inserting  in  place  thereof  the  following 
section:  —  Section  1.  The  commonwealth,  acting  through 
the  department  of  education,  may  contribute  toward  the 


Acts,  1945. —  Chap.  508.  507 

expenses  of  the  higher  education  of  any  child,  resident  in 
the  commonwealth,  and  not  under  sixteen  years,  whose 
father  or  mother  entered  the  military  or  naval  service  of  the 
United  States  from  Massachusetts  in  time  of  war  or  insur- 
rection, and  was  killed  in  action  or  died  from  other  cause  as 
a  result  of  such  service. 

Section  2.  Said  chapter  two  hundred  and  sixty-three  is 
hereby  further  amended  by  striking  out  section  two  and 
inserting  in  place  thereof  the  follovv^ing  section :  —  Section 
2.  Any  child  who  is  eligible  under  section  one  shall,  upon 
becoming  a  student  in  any  state  or  county  educational  insti- 
tution or  other  educational  institution  approved  in  writing 
by  the  commissioner  of  education,  be  entitled  to  reimburse- 
ment by  the  commonwealth,  in  an  amount  not  to  exceed  two 
hundred  and  fifty  dollars  in  any  year,  for  expenses  for  tui- 
tion, board  and  room  rent,  transportation,  and  books  and 
supplies  necessary  or  incidental  to  his  pursuit  of  study  at 
such  educational  institution.  Such  reimbursement  shall  be 
made  to  such  child,  or  his  guardian,  if  any,  on  the  presenta- 
tion of  vouchers  therefor  approved  by  the  said  commis- 
sioner. Approved  June  28,  19^5. 


ChapMS 


An  Act  authorizing  the  governor  on  certain  occa- 
sions TO  issue  executive  orders  closing  offices  of 
state  departments  or  permitting  such  offices  to 
operate  with  reduced  personnel,  and  providing  for 
time  off  for  certain  state  employees  not  subject 
to  such  executive  orders. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  thirty  of  the  General  Laws  is  hereby  amended  g.  l.  (Ter. 
by  striking  out  section  twenty-four,  as  amended  by  chapter  etc!. 'amended 
four  hundred  and  thirty  of  the  acts  of  nineteen  hundred 
and  thirty-seven,  and  inserting  in  place  thereof  the  follow- 
ing section:  —  Section  24.  The  offices  of  all  the  depart- office  hours  of 
ments  of  the  state  government  shall  be  open  to  the  public  for  departmente. 
the  transaction  of  business  daily,  on  days  other  than  Sun- 
days and  legal  holidays,  from  nine  o'clock  in  the  forenoon 
until  five  o'clock  in  the  afternoon,  except  that  on  Saturdays 
beginning  with  the  second  Saturday  in  September  and  end- 
ing with  the  next  to  the  last  Saturday  in  Maj^  they  may  be 
closed  at  twelve  o'clock  noon  and  that  on  Saturdays  be- 
ginning with  the  last  Saturday  in  May  and  ending  with  the 
first  Saturday  in  September  they  may  be  closed  all  day, 
and  except  that  all  or  any  of  such  offices  may  be  closed 
during  such  time  as  the  governor  may  by  executive  order 
fix.  The  governor  may,  by  executive  order,  permit  any 
such  office  to  operate  with  reduced  personnel  for  such  time 
as  he  may  deem  advisable.  Any  employee  who  is  not  re- 
lieved from  duty  during  any  such  period  shall  be  entitled  to 
receive  a  period  of  time  off  equal  to  that  during  which  he 
worked,  without  loss  of  compensation.     When  the  day  or 


508 


Acts,  1945. —  Chap.  509. 


the  last  day  for  the  performance  of  any  act,  including  the 
making  of  any  payment  or  tender  of  payment,  authorized 
or  required  to  be  performed  at  the  office  of  any  such  depart- 
ment falls  on  a  day  when  such  office  is  closed  under  authority 
of  this  section,  the  act  may  be  performed  on  the  next  suc- 
ceeding business  day.  Approved  June  28,  19J,5. 


G.  L.  (Ter. 
Ed.).  94.  §  209, 
amended. 


Possession 
of  certain 
instruments 
regulated. 


Chap. 509  An  Act  further  regulating  the  possession  of  hypo- 
dermic INSTRUMENTS   BY   CHIROPODISTS   OR   PODIATRISTS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  ninety-four  of  the  General  Laws  is  hereby 
amended  by  striking  out  section  two  hundred  and  nine,  as 
appearing  in  the  Tercentenary  Edition,  and  inserting  in 
place  thereof  the  following  section :  —  Section  209.  No  per- 
son, not  being  a  physician,  dentist,  nurse  or  veterinarian 
registered  under  the  laws  of  this  commonwealth  or  of  the 
state  where  he  resides,  or  a  registered  embalmer,  manufac- 
turer or  dealer  in  embalming  supplies,  wholesale  druggist, 
manufacturing  pharmacist,  registered  pharmacist,  manu- 
facturer of  surgical  instruments,  official  of  any  government 
having  possession  of  the  articles  hereinafter  mentioned  by 
reason  of  his  official  duties,  nurse  acting  under  the  direction 
of  a  physician  or  dentist,  employee  of  an  incorporated  hos- 
pital acting  under  the  direction  of  its  superintendent  or 
officer  in  immediate  charge,  or  a  carrier  or  messenger  en- 
gaged in  the  transportation  of  such  articles,  or  the  holder 
of  a  permit  issued  under  section  two  hundred  and  nine  A, 
or  a  chiropodist  or  podiatrist  who  has  received  from  the 
board  of  registration  in  chiropody  (podiatry)  a  certificate 
stating  that  upon  examination  by  said  board  he  has  been 
determined  to  be  competent  to  use  hypodermic  needles, 
shall  have  in  his  possession  a  hj^podermic  syringe,  hypo- 
dermic needle,  or  any  instrument  adapted  for  the  use  of 
narcotic  drugs  by  subcutaneous  injection.  No  such  syringe, 
needle  or  instrument  shall  be  delivered  or  sold  to,  or  ex- 
changed with,  any  person  except  a  registered  pharmacist, 
physician,  dentist,  veterinarian,  registered  embalmer,  manu- 
facturer or  dealer  in  embalming  supplies,  wholesale  druggist, 
manufacturing  pharmacist,  a  nurse  upon  the  written  order 
of  a  physician  or  dentist,  the  holder  of  a  permit  issued  under 
section  two  hundred  and  nine  A,  a  chiropodist  or  podiatrist 
who  holds  a  certificate  issued  by  the  board  of  registration  in 
chiropody  (podiatry)  as  aforesaid,  or  an  employee  of  an 
incorporated  hospital  upon  the  written  order  of  its  superin- 
tendent or  officer  in  immediate  charge.  A  record  shall  be 
kept  by  the  person  selling  such  sjrringe,  needle  or  instru- 
ment, which  shall  give  the  date  of  the  sale,  the  name  and 
address  of  the  purchaser  and  a  description  of  the  instrument. 
This  record  shall  at  all  times  be  open  to  inspection  by  the 
department  of  public  health,  the  boards  of  registration  in 
medicine,   veterinary  medicine,   chiropody   (podiatry),  and 


Record  of 
sales  to  be 
kept. 


Acts,  1945.  —  Chaps.  510,  511.  509 

pharmacy  and  the  board  of  dental  examiners,  authorized 
agents  of  said  department  and  boards,  and  police  authorities 
and  police  officers  of  towns.  Whoever  violates  any  provision  Penalty. 
of  this  section  shall  be  punished  by  a  fine  of  not  more  than 
one  hundred  dollars  or  by  imprisonment  in  a  jail  or  house  of 
correction  for  not  more  than  two  years,  or  both. 

Approved  June  28,  1945. 


Chap.5\0 


An  Act  amending  the  laws  relating  to  the  ll\biijty 
OF   certain    persons    for   injury   to   others   caused 

BY    violation     of    THE    LAWS    RELATING    TO    THE    SAFETY 
OF   PERSONS   IN    P>UILD1NGS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter   one   hundi-ed    and   foiiy-three   of   the    General  ^■'^-  (J^r 
Laws  is  herebj^  amended  by  striking  out  section  fifty-one,  eto;,'ameAded.' 
as  amended  by  section  three  of  chapter  five  hundred  and 
forty-four  of  the  acts  of  nineteen  hundred  and  fo]'t\'-three, 
and   inserting   in   place    thereof    the   following   section:  — 
Section  51.     The  owner,  lessee,  mortgagee  in  possession  or  owner,  lessee. 
occupant,  being  the  part}'  in  control,  of  a  place  of  assembly,  ^^°-^  [^w  L^^^ 
theatre,  special  hall,  public  hall,  factory,  workshop,  manu-  obeyed. 
facturing  estabhshment  or  building  mentioned  in  and  sub- 
ject to  sections  twenty-one,  twenty-four  to  twenty-eight, 
inclusive,  and  thirty  shall  cause  the  pro^'isions  of  said  sections 
lelative  thereto  to  be  complied  with,  and  such  person  shall 
be  liable  to  any  person  injured  for  all  damages  caused  by  a 
violation  of  any  of  said  provisions.    No  criminal  prosecution 
for  such  violation  shall  be  begun  until  the  lapse  of  thirty 
days  after  such  party  in  control  has  been  notified  in  writing 
by  an  inspector  as  to  what  changes  are  necessaiy  and  must 
be  made  to  meet  the  requirements  of  such  provisions,  nor 
if  such  changes  shall  have  been  made  in  accordance  with 
such  notice.    Notice  to  one  member  of  a  firm  or  to  the  clerk 
c^'  treasurer  of  a  corporation  or  to  the  person  in  charge  of  the 
building  or  part  thereof  shall  be  sufficient  notice  hereunder 
to  all  members  of  any  firm  or  corporation  owning,  leasing  or 
controlling  the  building  or  any  part  thereof.     Such  notice 
may  be  served  personally  or  sent  b}^  mail. 

Approved  June  28,  1945. 


An  Act  relative  to  sewer  assessments  in  the  city  of  (Jhnr)  51 1 

BOSTON,  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  four  hundred  and  twenty-six  of  the 
acts  of  eighteen  hundred  and  ninety-seven  is  hereby  amended 
by  striking  out  section  seven,  as  most  recently  amended  by 
section  one  of  chapter  three  hundred  and  seventy-one  of  the 
acts  of  nineteen  hundred  and  twelve,  and  inserting  in  place 
thereof  the  following  section :  —  Section  7.     The  board  of 


510  Acts,  1945.  —  Chap.  511. 

street  commissioners  of  said  city  at  any  time  within  six 
montlis  after  any  new  sewer  or  drain  for  the  collection  or 
disposal  of  sewage  or  of  surface  or  ground  water  is  com- 
pleted, shall  assess  upon  the  several  estates  especially  bene- 
fited by  such  sewer  or  drain,  a  proportional  part  of  the  cost 
thereof,  not  exceeding  in  amount  the  sum  of  four  dollars  per 
linear  foot;  but  no  such  assessment  shall  exceed  the  amount 
of  the  special  benefit  received.  Every  assessment  made 
under  this  section  shall  constitute  a  lien  upon  the  estate 
assessed  from  and  after  the  date  of  the  approval  by  the 
mayor  of  the  order  of  the  board  of  street  commissioners 
under  section  two  for  the  construction  of  the  sewer  or  drain. 
Such  lien  shall  continue  for  the  same  period  and  under  the 
same  conditions  as  a  lien  established  under  chapter  eighty 
of  the  General  Laws  and  acts  in  amendment  or  revision 
thereof.  The  provisions  of  said  chapter  eighty,  and  acts  in 
amendment  or  revision  thereof,  relative  to  the  apportion- 
ment, division,  reassessment,  abatement  and  collection  of 
assessments,  and  to  interest,  shall  apply  to  assessments  made 
under  this  section. 

Section  2.  Said  chapter  four  hundred  and  twenty-six  of 
the  acts  of  eighteen  hundred  and  ninety-seven  is  hereby 
further  amended  by  inserting  after  section  seven,  as  amended 
by  section  one  of  this  act,  the  following  section :  —  Section 
7 A.  The  board  of  street  commissioners  of  said  city  may 
assess  upon  any  estate  heretofore  or  hereafter  connected 
with  a  public  sewer  a  reasonable  part  of  the  cost  of  con- 
struction thereof;  provided  that  no  owner  of  the  estate  has 
paid  for  such  sewer  or  has  paid  any  assessment  for  its  con- 
struction. Every  assessment  made  under  this  section  shall 
from  the  time  of  assessment  constitute  a  lien  upon  the  estate 
assessed.  Such  lien  shall  continue  for  the  same  period  and 
under  the  same  conditions  as  a  lien  established  under  chap- 
ter eighty  of  the  General  Laws  and  acts  in  amendment  or 
revision  thereof.  The  provisions  of  said  chapter  eighty,  and 
acts  in  amendment  or  revision  thereof,  relative  to  the  appor- 
tionment, division,  reassessment,  abatement  and  collection 
of  assessments,  and  to  interest,  shall  apply  to  assessments 
made  under  this  section. 

Section  3.  The  provisions  of  this  act  shall  not  be  held 
to  operate  as  a  repeal,  either  in  whole  or  in  part,  of  the  pro- 
visions of  chapter  five  hundred  and  twenty-six  of  the  acts  of 
nineteen  hundred  and  two. 

Section  4.  Section  one  of  chapter  three  hundred  and 
fifty-nine  of  the  acts  of  eighteen  hundred  and  ninety-sLx  is 
hereby  repealed. 

Section  5.  This  act  shall  take  effect  on  January  first, 
nineteen  hundred  and  forty-six.  Section  one  of  this  act  shall 
apply  only  to  assessments  for  sewers  and  drains  the  con- 
struction of  which  is  ordered  on  or  after  said  date.  The  pro- 
visions of  section  seven  of  chapter  four  hundred  and  twenty- 
six  of  the  acts  of  eighteen  hundred  and  ninety-seven,  as  in 
effect  immediately  preceding  said  date,  shall  continue  to 


Acts,  1945.  —  Chaps.  512,  513.  511 

apply  to  assessments  under  the  first  sentence  of  said  section 
for  sewers  and  drains  the  construction  of  which  is  ordered 
prior  to  said  date.  Approved  June  28,  1945. 


An  Act  relative  to  the  expenditure  of  proceeds  of  (Jji^^  510 

REPAYMENTS   OF   LOANS   MADE   TO    RELEASED   PRISONERS.  ^* 

Be  it  enacted,  etc.,  as  follows: 

Section  one  hundred  and  sixty  of  chapter  one  hundred  and  g^^-  <Ter. 
twenty-seven  of  the  General  Laws,  as  most  recently  amended  §  ibo,  etc., 
by  chapter  four  hundred  and  thirty-three  of  the  acts  of  nine-  ^'°®°'^«'*- 
teen  hundred  and  forty-three,  is  hereby  further  amended  by 
striking  out  the  last  sentence,  —  so  as  to  read  as  follows :  — 
Section  160.     The  parole  board  may  expend  such  sum  as  Expenditure  oi 
may  be  appropriated  for  the  assistance  of  prisoners  released  ^^°^^  board, 
from  the  state  prison,  the  Massachusetts  reformatory,  the 
reformatory  for  women,  the  state  farm,  the  state  prison  col- 
ony, or  from  any  institution  to  which  they  were  removed 
therefrom.    Such  assistance  may  be  in  the  form  of  a  loan  on 
such  conditions  as  the  board  may  determine. 

^  Approved  June  28,  1945. 


An  Act  requiring  the  school  committee  of  the  city  (jhnr}  51 3 

OF  BOSTON   TO   PREPARE  AND   SUBMIT  ANNUAL  BUDGETS.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Chapter  two  hundred  and  twenty-four  of  the  acts  of  nine- 
teen hundred  and  thirty-six  is  hereby  amended  by  striking 
out  section  three  and  inserting  in  place  thereof  the  following 
section :  —  Sectioji  3.  The  votes  of  the  school  committee  of 
said  city  making  appropriations  as  aforesaid  shall  have  the 
same  force  and  effect  as  orders  or  votes  of  the  city  council 
thereof  appropriating  money,  and  shall  be  subject  to  the 
same  provisions  of  law  in  respect  to  approval  by  the  mayor, 
except  that  a  vote  of  four  fifths  of  all  the  school  committee, 
taken  by  yeas  and  nays,  shall  be  necessary  to  pass  such  ap- 
propriations over  the  veto  of  the  mayor. 

The  school  committee  shall  submit  to  the  mayor  estimates 
of  the  proposed  expenditures  for  school  purposes  not  later 
than  the  first  Monday  in  February  of  each  fiscal  year.  All 
appropriations  for  said  school  purposes  shall  be  passed  by 
said  committee  not  later  than  the  first  Monday  in  April. 

All  appropriations  to  be  raised  by  taxation  made  by  the 
school  committee  of  said  city  shall  be  certified  by  said  com- 
mittee to  the  board  of  assessors  thereof  not  later  than  May 
first  in  each  year  and  the  assessors  shall  include  the  same  in 
the  levy  of  that  year. 

In  any  year  in  which  the  school  committee  fails  to  certify 
to  the  board  of  assessors  its  appropriations  to  be  raised  by 
taxation,  as  provided  in  this  act,  the  mayor  shall,  on  or  be- 
fore May  tenth,  certify  to  the  board  of  assessors  an  appro- 
priation in  the  form  adopted  by  the  school  committee  in  the 


512  Acts,  1945.  —  Chaps.  514,  515. 

preceding  year  in  the  amount  expended  in  that  year,  which 
amount  shall  be  used  by  the  assessors  in  the  computation 
of  the  tax  rate  for  the  then  current  year;  and  the  mayor 
shall  transmit  to  the  school  committee  on  or  before  May 
tenth  of  that  year  a  copy  of  such  certification  which  shall 
thereby  become  the  budget  of  the  school  committee  for  the 
then  current  year.  Approved  June  28,  1945. 


Chap. 514:  An  Act  relative  to  the  purchase  of  land  for  the 

ERECTION    OF    FOREST    FIRE    OBSERVATION    TOWERS. 

Be  it  enacted,  etc.,  as  follows: 

G.  L.  (Ter.  Sectioii  thirty  of  chapter  one  hundred  and  thirty-two  of 

amended.'  '  the  General  Laws,  as  appearing  in  the  Tercentenary  Edition, 
is  hereby  amended  by  striking  out  the  last  sentence  and  in- 
serting in  place  thereof  the  following  sentence :  —  The  aver- 
age cost  of  land  so  purchased,  other  than  land  purchased  for 
the  erection  and  operation  of  forest  fire  observation  towers, 
shall  not  exceed  five  dollars  an  acre,  —  so  as  to  read  as  fol- 
state  forests.  \q-^q  ;  —  Section  30.  The  commissioner,  with  the  approval  of 
tion  t*owwI*'  the  advisory  council  of  the  department  of  conse^'vation,  may 
acquire  for  the  commonwealth,  b}^  purchase  or  otiaerwise,  and 
hold,  or,  with  the  approval  of  the  governor  and  council,  may 
take  in  fee  by  eminent  domain  under  chapter  seventy-nine, 
any  woodland  or  land  suitable  for  timber  cultivation  within 
the  commonwealth  or  any  land  necessary  for  the  erection 
and  operation  of  forest  fire  observation  towers.  The  average 
cost  of  land  so  purchased,  other  than  land  purchased  for  the 
erection  and  operation  of  forest  fire  observation  towers,  shall 
not  exceed  five  dollars  an  acre.        Approved  June  28, 1945. 


Chap.515  An  Act  relative  to  expenditures  in  connection  with 

THE    OFFICE    OF    THE    CLERK    OF    THE    SUPREME    JUDICIAL 
COURT    FOR   THE    COMMONWEALTH. 

Be  it  enacted,  etc.,  as  follows: 

G.  L.  (Ter.  Scction  ninety-three  of  chapter  two  hundred  and  twenty- 

amended.'  ^  ^^'  one  of  the  General  Laws,  as  appearmg  in  the  Tercentenary 
Edition,  is  hereby  amended  by  striking  out,  in  the  fourth 
line,  the  words  "fifteen  hundred"  and  inserting  in  place 
thereof   the   words :  —  two   thousand,  —  so   as   to   read  as 
Salaries  of         follows :  —  Scction  93.     The  clerk  of  the  supreme  judicial 
alt^^t^nf  clerk    court  for  the  commonwealth  shall  receive  from  the  common- 
°ucikfaf™ourt     Wealth  a  salary  to  be  fixed  by  the  chief  justice  of  said  court, 
for  the  com-      with  the  approval  of  the  governor  and  council,  with  two 
monweaith.       thousaud  doUars  a  year  for  clerk  hire,  together  with  an 
additional  sum  not  to  exceed  five  hundred  dollars  a  year  for 
extra  clerk  hire  in  cases  of  emergency,  subject,  however,  to 
the  approval  of  the  chief  justice. 

Approved  June  28,  1945. 


Acts,  1945. —  Chap.  516.  513 


An  Act  relative  to  contributions  by  successor  em-  Chav-dlQ 

PLOYING  UNITS  UNDER  THE  EMPLOYMENT  SECURITY  LAW. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  fifty-one  A  of  the  General  Laws  g.  l.  (Ter. 
is  hereby  amended  by  striking  out  subsection  (c)  of  section  Fi4'e\^c^'^' 
fourteen,  inserted  by  section  one  A  of  chapter  five  hundred  amended.' 
and  thirty-four  of  the  acts  of  nineteen  hundred  and  forty- 
three,   and  inserting  in  place  thereof   the  following  sub- 
section :  — 

(c)  For  the  purposes  of  this  section,  when  the  employing  Merger,  con- 
enterprises  of  an  employer  or  employers  are  continued  solely  Itc'^o*/"^- 
and  without  interruption  by  an  employing  unit  not  previ-  ploying  units. 
ously  subject  to  this  chapter,  the  contribution  record  of  the 
predecessors  and  the  record  of  workers'  benefit  wages  which 
were  charged  or  would  have  been  charged  to  the  predecessor 
employer  or  employers,  if  no  change  in  legal  identity  or 
form  had  occurred,  shall  cease  to  be  the  records  of  the  pred- 
ecessor employer  and  shall  become  part  of  the  records  of 
the  successor  employing  unit  in   determining  his   benefit 
wage  ratio  in  the  following  cases :  — 

1.  Where  two  or  more  employers  are  consohdated  into  a 
new  employing  unit. 

2.  Where  a  new  employing  unit  consisting  of  one  or  more 
of  the  former  partners  or  one  or  more  of  the  former  partners 
and  one  or  more  individuals  so  succeeds  to  the  employing 
enterprises  of  the  previous  partnership. 

3.  Where  a  partnership  of  which  the  individual  is  a  mem- 
ber so  succeeds  to  the  employing  enterprises  formerly  carried 
on  by  that  individual. 

4.  Where  a  receiver,  trustee,  executor,  administrator  or 
other  officer  under  designation  or  approval  of  a  court  for 
the  purposes  of  carrying  on  pending  liquidation  or  reorgan- 
ization as  such,  so  succeeds  to  the  employing  enterprises 
carried  on  by  his  predecessor. 

5.  Where  a  corporation  in  which  a  majority  of  the  shares 
of  capital  stock  is  owned  by  an  individual  so  succeeds  to  the 
employing  enterprises  formerly  carried  on  by  that  indi- 
vidual. 

6.  Where  a  partnership  whose  members  include  one  or 
more  of  the  former  stockholders  owning  in  the  aggregate  a 
majority  of  the  shares  of  capital  stock  of  a  corporation  so 
succeeds  to  the  employing  enterprises  formerly  carried  on 
by  that  corporation. 

7.  Where  a  corporation  so  succeeds  to  the  employing 
enterprises  of  an  individual,  partnership  or  other  corpora- 
tion, without  substantial  change  in  the  nature  of  the  business. 

Provided,  however,  that  in  each  instance,  except  item  4 
above,  the  succeeding  employing  unit  shall  have  guaranteed 
to  the  director  payment  of  all  contributions  required  of  the 
predecessors;  and  provided,  further,  that  for  the  balance  of 
the  calendar  year  in  which  any  such  change  of  identity  or 


514  Acts,  1945. —  Chap.  517. 

form  occurs  the  contribution  rate  of  the  succeeding  em- 
ploying unit  shall  be  the  rate  applicable  to  the  predecessor 
or  predecessors  except  under  item  1  above  when  for  the 
balance  of  such  year  the  rate  shall  be  two  and  seven  tenths 
per  cent. 

The  provisions  of  this  subsection  shall  apply  in  determin- 
ing the  contribution  rates  of  employers  for  the  year  nine- 
teen hundred  and  forty-two  and  for  subsequent  years  in  the 
cases  of  items  1,  2,  3  and  4  above,  and  for  the  year  nineteen 
hundred  and  forty-four  and  for  subsequent  years  in  the 
cases  of  items  5,  6  and  7  above;  provided,  that  the  successor 
employing  unit  has  filed  with  the  director  a  notice  of  such 
change  in  legal  identity  or  form  of  the  employer  or  em- 
ployers, such  notice  to  be  filed  in  the  form  and  manner 
prescribed  by  the  director,  in  the  cases  of  items  1,  2,  3  and  4 
above,  on  or  before  September  twelfth,  nineteen  hundred 
and  forty-three,  or  within  two  months  after  the  last  day  of 
the  quarter  in  which  said  change  occurred,  whichever  is  later, 
and  in  the  cases  of  items  5,  6  and  7  above,  within  three 
months  after  the  date  on  which  this  subsection  as  amended 
becomes  efTective,  or  within  two  months  after  the  last  day 
of  the  quarter  in  which  said  change  occurred,  whichever  is 
later;  provided,  that  the  provisions  of  this  subsection  shall 
not  authorize  the  refund  of  any  moneys  except  in  accord- 
ance with  section  eighteen.  The  director  may,  however, 
issue  credit  memoranda  as  against  future  contributions  to 
any  employer  entitled  thereto  under  this  chapter.  Said 
credit  memoranda  shall  be  personal  to  the  employer  to 
whom  issued  and  shall  not  be  assigned  or  encumbered,  or 
be  subject  to  trustee  or  mesne  process. 

The  provisions  of  this  subsection  shall  not  apply  where 
an  employer  acquires  the  employing  enterprises  of  another 
employing  unit.  Approved  June  28,  1946. 

Chap. 517  An  Act  relative  to  the  membership  of  the  board  of 

STATE   EXAMINERS    OF   PLUMBERS. 

Be  it  enacted,  etc.,  as  follows: 

EdV"iP§'36        Section  1.    Section  thirty-six  of  chapter  thirteen  of  the 
etc.", 'amended'.    General  Laws,  as  amended  by  section  seven  of  chapter  five 
hundred  and  ninety-six  of  the  acts  of  nineteen  hundred  and 
forty-one,  is  hereby  further  amended  by  striking  out  the  first 
sentence,  as  appearing  in  the  Tercentenary  Edition,  and  in- 
state exam-      scrtiug  in  place  thereof  the  following  sentence:  —  There  shall 
plumblrs  ^^  ^  board  of  state  examiners  of  plumbers,  in  sections  thirty- 

Membership      seven  and  thirty-eight  called  the  examiners,  consisting  of 
of  board.  three  members,  citizens  of  the  commonwealth,  of  whom  one 

shall  have  had  at  least  ten  years'  continuous  practical  expe- 
rience as  a  master  plumber,  one  shall  be  a  sanitary  engineer 
and  one  a  journeyman  plumber  of  at  least  ten  years'  practical 
experience,  who  is  a  wage  earner. 

Section  2.  Nothing  in  this  act  shall  be  deemed  to  affect 
the  terms  of  office  of  the  members  of  the  board  of  state  ex- 


Acts,  1945.  —  Chaps.  518,  519,  520.  515 

aminers  of  plumbers  in  office  upon  the  effective  date  thereof, 
and  such  members  shall  severally  continue  to  hold  office  as 
if  this  act  had  not  been  passed.     Approved  June  28,  1945. 

An  Act  relative  to  certain  bonds  furnished  to  the  (Jfiaj)  518 

COMMONWEALTH     BY     SELF-INSURERS     UNDER    THE     WORK- 
men's    COMPENSATION    LAW. 

Be  it  enacted,  etc.,  as  follows: 

Sub-paragraph  (2)  (6)  of  section  twenty-five  A  of  chapter  g.  l.  (Ter. 
one  hundred  and  fifty-two  of  the  General  Laws,  inserted  by  f  25A!etc., 
section  seven  of  chapter  five  hundred  and  twenty-nine  of  amended, 
the  acts  of  nineteen  hundred  and  forty-three,  is  hereby 
amended  by  striking  out  the  first  sentence  and  inserting  in 
place  thereof  the  following  sentence :  —  By  furnishing  annu-  surety  com- 
ally  a  bond  running  to  the  commonwealth,  with  some  surety  ^^^^  ^°^^' 
company  authorized  to  transact  business  in  the  common- 
wealth as  surety,  in  such  form  as  may  be  approved  by  the 
department  and  in  such  amount  not  less  than  ten  thousand 
dollars  as  may  be  required  by  the  department,  said  bond, 
however,  to  be  upon  the  condition  that  if  the  license  of  the 
principal  shall  be  revoked  or  if  the  department  shall  refuse 
to  renew  the  license  or  if  the  principal  shall  cease  to  transact 
business  in  the  commonwealth  or  if  the  principal  shall  insure 
with  an  insurer,  the  principal  shall  upon  demand  deposit 
with  the  state  treasurer  an  amount  equal  to  the  penal  sum 
of  the  bond  or  a  single  premium  non-cancellable  pohcy  issued 
by  some  insurance  company  authorized  to  transact  the  busi- 
ness of  workmen's  compensation  insurance  in  this  common- 
wealth, securing  him  against  any  liabihty  that  may  have 
arisen  under  this  chapter.  Approved  June  28,  1945. 

An  Act  providing  for  the  improvement  of  the  base-  Chav.51Q 

BALL   field   adjoining   MAGAZINE    BEACH   IN   THE   CITY   OF 
CAMBRIDGE. 

Be  it  enacted,  etc.,  as  follows: 

The  metropohtan  district  commission  is  hereby  authorized 
and  directed  to  make  such  improvements  in  the  baseball  field 
adjoining  Magazine  beach  in  the  city  of  Cambridge  as  may 
be  necessary  for  making  said  field  more  suitable  for  athletic 
purposes.  For  said  purposes,  said  commission  may  expend 
such  sums,  not  exceeding,  in  the  aggregate,  seventy-five  hun- 
dred dollars,  as  may  hereafter  be  appropriated  therefor. 

Approved  June  28,  1945. 

An  Act  relative  to  the  responsibility  of  the  board  QJku)  520 
OF  public  welfare  in  a  town  where  an  infant  has 

seemingly    been   ABANDONED. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  nineteen  of  the  General  Laws  g.  l.  (Ter. 
is  hereby  amended  by  inserting  after  section  thirteen,  as  j^isVi^dedT' 


516  Acts,  1945.  —  Chaps.  521,  522,  523. 

appearing  in  the  Tercentenary  Edition,  the  following  sec- 
Responsibiiity  tion I  —  SectioTi  ISA.  In  the  case  of  any  infant  who  appears 
ruMic'^^eUare  to  havc  been  abandoned  as  described  in  sections  twelve  and 
of  town  thirteen,  it  shall  be  the  responsibility  of  the  board  of  public 

welfare  of  the  town  wherein  such  infant  is  found  to  report  to 
the  department  and  to  provide  care  for  such  infant,  pending 
an  investigation  by  the  department.  If  such  investigation 
shows  abandonment,  proceedings  may  be  brought  under  sec- 
tions forty-two  to  fifty-one,  inclusive,  as  amended. 

Approved  June  28,  19J^5. 


Chap. 621  An  Act  increasing  the  fee  for  the  issue  or  renewal 

OF   LICENSES    FOR   HOSPITALS   AND    SANATORIA. 

Be  it  enacted,  etc.,  as  folloivs: 

G.  L  (Ter.  Section  seventy-one  of  chapter  one  hundred  and  eleven 

etc".. 'amended.'  of  the  General  Laws,  as  amended  by  section  one  of  chapter 
six  hundred  and  sixty-one  of  the  acts  of  nineteen  hundred 
and  forty-one,  is  hereby  further  amended  by  striking  out,  in 
the  twenty-ninth  line,  the  word  "ten"  and  inserting  in  place 
thereof  the  word:  —  twenty-five,  —  so  that  the  fifth  sen- 
Fee  for^ssue^  tence  will  read  as  follows:  —  The  fee  for  the  issue  or  re- 
certain  licenses,  ncwal  of  each  license  shall  be  twenty-five  dollars. 

Approved  June  28,  1945. 


Chap. 522  An  Act  increasing  the  fee  for  certain  land  court 

NOTICES. 

Be  it  enacted,  etc.,  as  follows: 
G.jL.^(Ter  Scctiou  thirty-nine  of  chapter  two  hundred  and  sixty-two 

etc!. 'amended.'  of  the  General  Laws,  as  amended,  is  hereby  further  amended 
by  striking  out,  in  the  paragraph  contained  in  the  fifteenth 
and  sixteenth  lines,  as  printed  in  the  Tercentenary  Edition, 
the  word  "twenty-five"  and  inserting  in  place  thereof  the 
word :  —  thirty-five,  —  so  that  said  paragraph  will  read  as 
follows :  — 
Fee  for  certain  YoT  cach  uotice  by  mail,  thirty-five  cents  and  the  actual 
nolices.*^*         cost  of  printing.  Approved  June  28,  1945. 


Chap.52S  An  Act  relative  to  the  abatement  of  uncollectible 

TAXES. 

Be  it  enacted,  etc.,  as  follows: 

G.  L.  (Ter.  Section  1.     Chapter  fifty-eight  of  the  General  Laws  is 

?26Af added,  hereby  amended  by  inserting  after  section  twenty-six,  under 
the  caption  Abatement  of  Uncollectible  Taxes,  the 
Abatement  of  f oUowiug  section :  —  Scction  26 A .  Taxes  and  excises, 
feS^etax^"  whether  under  general  laws  or  under  special  acts,  with 
interest  and  costs  thereon,  due  to  the  commonwealth,  which 
are  unpaid  and  uncollectible,  may  be  abated  by  the  appel- 
late tax  board  on  the  recommendation  of  the  commissioner 


Acts,  1945. —  Chap.  524.  517 

at  any  time  after  the  expiration  of  two  years  from  the  date 
when  the  same  became  payable. 

Section  2.  Section  forty-five  of  chapter  sixty-two  of  ^^Yel^'^o 
the  General  Laws,  as  amended,  is  hereby  further  amended  etc!. 'amended'. 
by  striking  out  the  last  sentence,  —  so  as  to  read  as  follows: 

—  Section  45-    Any  person  aggrieved  by  the  refusal  of  the  Appeal  from 
commissioner  to  abate,  in  whole  or  in  part,  under  section  comm'iMioner 
forty-three,  a  tax  assessed  under  this  chapter,  may  appeal  tax^'applah 
therefrom,  within  thirty  days  after  the  mailing  of  notice  of 

the  decision  of  the  commissioner,  by  filing  a  petition  with 
the  clerk  of  the  appellate  tax  board.  If,  on  hearing,  said 
board  finds  that  the  person  makmg  the  appeal  was  entitled 
to  an  abatement  under  section  forty-three  from  the  tax 
assessed  on  him,  it  shall  make  such  abatement  as  it  sees  fit. 
The  decision  of  the  appellate  tax  board  shall,  except  as 
otherwise  provided  herein,  be  final  and  conclusive,  and  shall 
be  communicated  in  writing  to  the  petitioner  and  the  com- 
missioner within  five  days  thereafter. 

Section  3.     Section  seventy-one  of  chapter  sixty-three  g.  l.  (Ter. 
of  the  General  Laws,  as  amended,  is  hereby  further  amended  ^tc.!'ameidld'. 
by  striking  out  the  last  sentence,  —  so  as  to.  read  as  follows : 

—  Section  71.     Except  as  otherwise  provided,   any  party  Appeals, 
aggrieved  by  any  decision  of  the  commissioner  upon  any  Repayment, 
matter  arising  under  this  chapter  from  which  an  appeal  is 

given,  may  appeal  to  the  appellate  tax  board  within  thirty 
days  after  the  date  of  notice  of  his  decision.  Any  overpay- 
ment of  tax  determined  by  decision  of  said  appellate  tax 
board  shall  be  reimbursed  by  the  commonwealth  with  in- 
terest at  the  rate  of  six  per  cent  per  annum  from  the  time 
of  payment. 

Section  4.  Section  thirty-two  of  chapter  sixty-five  of  %^\^^\^^2 
the  General  Laws,  as  amended,  is  hereby  further  amended  etc!, 'amended'. 
by  striking  out  the  last  sentence,  —  so  as  to  read  as  follows : 

—  Section  32,      The    commissioner    shall    commence    pro-  commissioner 
ceedings  for  the  recovery  of  any  of  the  taxes  imposed  by  f°r^re°o\'w 
this  chapter  or  by  corresponding  provisions  of  earlier  laws  of  unpaid 
within  six  months  after  the  same  become  payable ;  and  also  ^''''®^'  ^**'' 
whenever  the  judge  of  a  probate  court  certifies  to  him  that 

the  final  account  of  an  executor,  administrator  or  trustee 
has  been  filed  in  such  court,  and  that  the  settlement  of  the 
estate  is  delayed  because  of  the  non-pajrment  of  said  tax. 
The  probate  court  shall  so  certify  upon  the  application  of 
any  heir,  legatee  or  other  person  interested  therein.  When- 
ever the  circumstances  of  a  case  require,  the  probate  court 
may  extend  the  time  for  payment  of  said  tax,  with  or  with- 
out interest.  Approved  June  28,  1945. 

An  Act  relative  to  the  instruction  op  certain  deaf  Chav. 524 

AND    BLIND    PERSONS    IN    CERTAIN    SCHOOLS. 

Be  it  enacted,  etc.,  as  follows: 

Section  twenty-six  of  chapter  sixty-nine  of  the  General  Ed.y.'eo^l^e, 
Laws,  as  amended,  is  hereby  further  amended  by  inserting  etc., 'amended'. 


regulated. 


518  Acts,  1945. --Chap.  525. 

after  the  word  "Boston"  in  the  sixth  line,  as  appearing  in 

the  Tercentenary  Edition,  the  following  words:  —  ,  to  the 

Beverly  School  for  the  Deaf  at  Beverly,  to  the  Boston  School 

for  the  Deaf  at  Randolph,  —  so  that  the  first  paragraph 

Certain  de^if      will  read  as  follows :  —  The  department  may,  upon  the  re- 

per8(Mis?'idu-     quest  of  the  parents  or  guardians  and  with  the  approval  of 

cation  and        ^]^g  govcmor,  scnd  such  deaf  and  such  blind  persons  as  it 

maintenance  at  ~  '  ,   .  .  ,  .  -  ^ 

certain  schools  considcrs  proper  subjects  for  education,  for  a  term  not  ex- 
ceeding ten  years,  to  the  American  School,  at  Hartford,  for 
the  Deaf,  in  the  state  of  Connecticut,  to  the  Clarke  School 
for  the  Deaf  at  Northampton,  to  the  Horace  Mann  School 
at  Boston,  to  the  Beverly  School  for  the  Deaf  at  Beverly, 
to  the  Boston  School  for  the  Deaf  at  Randolph,  to  any  other 
school  for  the  deaf  in  the  commonwealth,  as  the  parents  or 
guardians  may  prefer,  or  to  the  Perkins  Institution  and 
Massachusetts  School  for  the  Blind,  as  the  case  may  be, 
and,  upon  like  request  and  with  like  approval,  it  may  con- 
tinue for  a  longer  term  the  instruction  of  meritorious  pupils 
recommended  by  the  principal  or  other  chief  officer  of  the 
school  which  they  attend.  With  the  approval  of  the  gov- 
ernor the  department  may,  at  the  expense  of  the  common- 
wealth, make  such  provision  for  the  care  and  education  of 
children  who  are  both  deaf  and  blind  as  it  may  deem  ex- 
pedient. No  such  pupil  shall  be  withdrawn  from  such 
institutions  or  schools  except  with  the  consent  of  the  au- 
thorities thereof  or  of  the  department;  and  the  expenses  of 
the  instruction  and  support  of  such  pupils  therein,  actually 
rendered  or  furnished,  including  their  necessary  traveling 
expenses,  whether  daily  or  otherwise,  but  not  exceeding 
ordinary  and  reasonable  compensation  therefor,  shall  be 
paid  by  the  commonwealth;  but  the  parents  or  guardians 
of  such  children,  who  are  able  wholly  or  in  part  to  provide 
for  their  support  and  care,  to  the  extent  of  their  ability  may 
be  required  by  the  department  to  reimburse  the  common- 
wealth therefor.  Approved  June  28,  1946. 


Chap. 525  A.N  Act  to  penalize  the  unlawful  wearing  of  official 

MILITARY     uniforms     OF     THE     ARMED     FORCES     OF     THE 
UNITED    STATES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Whoever,  not  being  in  the  military  or  naval 
service  of  the  United  States  or  of  the  commonwealth,  ap- 
pears in  public  wearing  the  distinctive  uniform  of  any 
branch  of  such  service  shall  be  punished  by  a  fine  of  not 
more  than  three  hundred  dollars  or  by  imprisonment  for 
not  more  than  six  months,  or  both,  but  this  section  shall 
not  apply  to  any  person  discharged  from  such  service,  for 
any  cause  other  than  his  own  unworthiness,  wearing  his 
uniform  in  order  to  take  part  in  any  military  or  naval  parade 
or  on  any  occasion  of  ceremony,  or  to  any  person  in  the 
military  or  naval  service  of  the  United  States,  discharged 


Acts,  1945.  —  Chaps.  526,  527.  519 

for  any  cause  other  than  his  own  unworthiness,  wearing  the 
uniform  from  place  of  discharge  to  his  home.  Any  person 
found  violating  any  provision  of  this  section  may  be  arrested 
without  a  warrant  by  any  officer  qualified  to  serve  criminal 
process. 

Section  2.  Nothing  in  this  act  shall  subject  to  penalty 
any  action  with  respect  to  the  wearing  of  uniforms  of  the 
armed  forces  of  the  United  States  which  is  authorized  by 
federal  law. 

Section  3.  This  act  shall  cease  to  be  operative  upon 
the  expiration  of  one  year  after  the  termination  of  the 
existing  states  of  war  between  the  United  States  and  certain 
foreign  countries.  Approved  June  28,  1945. 


An  Act  to  permit  the  issuance  of  certain  licenses  in  Chav.52Q 
A  more  efficient  manner. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one   hundred   and   forty-three   of   the   General  ^j^^'-  {Jg^-.  ^^ 
Laws  is  hereby  amended  by  striking  out  section  forty-nine,  etc., 'amended. ' 
as  amended  by  section  three  of  chapter  five  hundred  and 
forty-four  of  the  acts  of  nineteen  hundred  and  forty-three, 
and  inserting  in  place  thereof  the  following  section :  —  Sec-  License  by 
tion  49'    A  license  which  is  required  by  law,  ordinance  or  ofpSbiTc  safety 
by-law  to  authorize  any  building  or  part  thereof  to  be  used  °napecto'!-''pre-°' 
as  a  place  of  assembly  or  for  any  purpose  specified  in  section  requisite  to 
twenty-one  shall  not  be  issued  until  a  license  by  the  com- 
missioner of  pubUc  safety,  or  a  certificate  by  an  inspector  as 
required  by  section  twenty-eight,  shall  have  been  issued 
therefor,  and,  when  issued,  shall  not  continue  in  force  after 
the  expiration  or  revocation  of  such  license  or  certificate. 

Approved  June  28,  1945. 


An    Act    requiring    a    certificate    of    approval    of  Chap. 527 
egresses  and  fire  prevention  as  a  condition  pre- 
cedent TO  THE  issuance  OR  RENEWAL  OP  LICENSES  FOR 

certain  hospitals. 

Be  it  enacted,  etc.,  as  follows: 

Section  seventy-one  of  chapter  one  hundred  and  eleven  SjViT'f'-jyi 
of  the  General  Laws,  as  appearing  in  section  one  of  chapter  etc.. 'amended. ' 
six  hundred  and  sixty-one  of  the  acts  of  nineteen  hundred 
and  forty-one,  is  hereby  amended  by  inserting  after  the  first 
sentence  the  following  sentence :  —  No  license  shall  be  is-  Certificate  of 
sued  or  renewed  hereunder  unless  there  shall  be  first  sub-  r^^ite'^to'^'^ 
mitted  to  the  department  by  the  authorities  in  charge  of  ''cense. 
the  hospital  or  sanatorium,  with  respect  to  each  building 
occupied  by  patients,  a  certificate  of  approval  of  the  egresses, 
the  means  of  preventing  the  spread  of  fire  and  the  apparatus 
for  extinguishing  fire,  issued  by  a  building  inspector  of  the 
department  of  public  safety.  Approved  June  28,  1945. 


520 


Acts,  1945.  — Chaps.  528,  529. 


G.  L.  (Tor. 
Ed.).  149, 
§  126, 
amended. 


Doors  not 
to  be  locked 
during  work- 
ing hours. 


Chap. 528  An  Act  further  providing  for  safe  means  of  egress 

FROM    CERTAIN    BUILDINGS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  forty-nine  of  the  General  Laws 
is  hereby  amended  by  striking  out  section  one  hundred  and 
twenty-six,  as  appearing  in  the  Tercentenary  Edition,  and 
inserting  in  place  thereof  the  following  section :  —  Section 
126.  No  inside  or  outside  door  of  any  building  subject  to 
the  supervision  of  the  department  which,  under  the  provi- 
sions of  section  twenty-one  of  chapter  one  hundred  and 
forty-three,  is  required  as  a  means  of  free  egress  or  escape 
from  fire  shall,  during  business  hours,  be  so  locked,  bolted 
or  fastened  that  such  door  cannot  be  opened  from  the  inside 
by  the  use  of  the  ordinary  door  knob,  or  by  pressure  on  the 
door  or  on  a  panic  release  device,  so  called.  No  inside  or 
outside  door  of  any  other  building,  other  than  a  dwelhng 
house,  wherein  any  person  is  employed,  which  door  shall 
have  been  determined  by  the  department  of  public  safety, 
upon  the  written  request  of  the  department,  to  be  a  means 
of  such  egress  and  escape  shall,  during  business  hours,  be 
locked,  bolted  or  fastened  as  aforesaid.  The  owner,  lessor 
or  lessee,  or  any  other  person  in  charge,  of  a  building  or 
portion  thereof  any  door  of  which  shall  be  found  locked, 
bolted  or  otherwise  fastened  contrary  to  any  provision  of 
this  section  shall  be  punished  by  a  fine  of  not  less  than  one 
hundred  nor  more  than  five  hundred  dollars  or  by  imprison- 
ment for  not  more  than  one  year,  or  both. 

Approved  June  28,  1945. 


Penalty. 


Cha7).529  An  Act  relative  to  refunds  of  taxes  imposed  upon 

TRANSFERS    OF   CERTAIN    ESTATES. 

Be  it  enacted,  etc.,  as  follows : 

EdV'eJr'l  6  Section  six  of  chapter  sixty-five  A  of  the  General  Laws,  as 
etc!,  'amended.'  most  recently  amended  by  chapter  four  hundred  and  seventy- 
one  of  the  acts  of  nineteen  hundred  and  forty-three,  is  hereby 
further  amended  by  striking  out  the  last  sentence,  as  so  ap- 
pearing, and  inserting  in  place  thereof  the  following  sen- 
tence :  —  Any  excess  tax  received  by  the  commonwealth 
shall  be  refunded  within  thirty  days  after  the  amount  shall 
have  been  certified  by  the  commissioner,  with  interest  at  four 
per  cent  from  the  date  of  payment,  without  appropriation; 
provided  that  no  refund  shall  be  made  under  this  section 
unless  written  application  therefor  is  made  to  the  commis- 
sioner within  six  months  of  the  date  of  final  determination 
of  the  federal  tax.  Approved  June  28,  1945. 


Refund  of 
excess  tax. 


Acts,  1945.  —  Chaps.  530,  531.  521 


An  Act  providing  for  the  filing  of  bills  of  excep-  njiQr)  530 

TIONS   IN    SUITS    IN    EQUITY.  '  * 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  two  hundred  and  thirty-one  of  the  ^^\-^7^^- 
General  Laws  is  hereby  amended  by  inserting  after  section  §  oeX.  added*^ 
ninety-six,  as  appearing  in  the  Tercentenary  Edition,  the 
following  new  section :  —  Section  96 A .    In  suits  in  equity  a  Exceptions 
person  aggrieved  by  an  opinion,  ruling,  direction  or  judg-  a°pg"i°n 
ment  of  a  single  justice  of  the  supreme  judicial  court  or  of  suits  in  equity. 
the  superior  court,  or  of  the  land  court,  may,  in  lieu  of 
claiming  an  appeal  as  provided  in  section  ninety-six,  allege 
exceptions  as  provided  in  section  one  hundred  and  thirteen. 

Section  2.     This  act  shall  take  effect  on  March  first,  nine-  Effective  date. 
teen  hundred  and  forty-six.  Approved  June  28,  19Jf.5. 

An  Act  relative  to  soil  conservation  and  providing  (Jfidj)  531 

FOR  THE  establishment  OF  SOIL  CONSERVATION  DISTRICTS 
AND  A  STATE  SOIL  CONSERVATION  COMMITTEE  AND  DEFIN- 
ING  THEIR    POWERS   AND    DUTIES. 

Be  it  enacted,  etc.,  as  follows: 

The  General  Laws  are  hereby  amended  by  inserting  after  g.  l.  (Ter. 
chapter  one  hundred  and  twenty-eight  A  the  following  chap-  dfapte/ T28B, 
ter: —  added. 

Chapter  128B. 

Conservation  of  Soil  and  Soil  Resources  and  Pre- 
vention AND  Control  of  Erosion. 

Section  1.  It  is  hereby  declared  that  farm  and  forest  lands  Policy. 
are  among  the  basic  assets  of  the  commonwealth;  that  im- 
proper land  use  practices  are  causing  some  lands  to  deterio- 
rate; that  much  deterioration  is  beyond  individual  control 
and  the  tax  base  is  endangered;  that  the  consequences  are 
serious  and  detrimental  to  the  health,  general  welfare  and 
safetj''  of  the  people  of  the  commonwealth;  therefore  it  is 
further  declared  to  be  the  policy  of  the  general  court  to  pro- 
vide for  the  conservation  of  soil  and  soil  resources  of  this 
commonwealth  and  for  the  prevention  and  control  of  soil 
erosion  therein,  thereby  placing  Massachusetts  farmers  in  a 
better  position  through  land  improvement. 

Section  2.     Wherever  used  or  referred  to  in  this  chapter  Definitions, 
the  following  words  and  phrases  shall  have  the  following 
meanings,  unless  a  different  meaning  is  clearly  indicated  by 
the  context :  — 

(1)  "Soil  Conservation  District",  "Conservation  Dis- 
trict", or  "District",  a  district  established  as  authorized 
by  section  four. 

(2)  "Land  Occupier"  or  "Occupier  of  Land"  shall  in- 
clude any  person  in  possession,  as  owner,  lessee,  renter, 
tenant  or  otherwise  of  any  lands  other  than  thickly  settled 
districts  as  such  term  is  defined  in  chapter  ninety. 


Acts,  1945. —  Chap.  531. 


State  soil 

conservation 

committee. 


Salary. 


Travel  and 

expense 

allowances. 


Powers  and 
duties. 


(3)  "Supervisor",  one  of  the  members  of  the  governing 
body  of  a  district  selected  as  provided  in  section  five. 

(4)  "Committee"  or  "State  Soil  Conservation  Com- 
mittee", the  agency  established  by  section  three. 

Section  3.  There  is  hereby  established  in  the  depart- 
ment of  agriculture  a  state  soil  conservation  committee 
hereafter  in  this  chapter  referred  to  as  the  committee,  con- 
sisting of  the  commissioner  of  agriculture,  the  advisory 
board  of  said  department,  the  director  of  extension  service 
at  the  Massachusetts  state  college  and  the  director  of  the 
Massachusetts  agricultural  experiment  station.  While  act- 
ing as  members  of  the  committee,  the  members  of  the 
advisory  board  of  said  department  shall  each  receive  com- 
pensation of  ten  dollars  for  each  daj'-  of  such  service.  The 
commissioner  shall  serve  as  chairman  of  the  committee,  and 
he  or  three  other  members  of  said  committee  shall  have 
power  to  call  meetings  on  not  less  than  three  days'  notice. 
A  majority  of  the  committee  shall  constitute  a  quorum. 

The  members  of  the  committee  shall  be  allowed  and  paid 
their  traveling  and  other  expenses  actually  incurred  in  the 
performance  of  their  duties  under  this  chapter.  The  com- 
mittee shall  keep  a  record  of  its  proceedings  and  may  from 
time  to  time  promulgate  such  rules  and  regulations  as  may 
be  required  for  the  performance  of  its  duties.  The  com- 
mittee may  request  the  aid  of  any  department,  board,  com- 
mission, institution  or  other  authority  of  the  commonwealth 
by  the  assignment  or  detail  to  the  committee  of  officers  or 
employees  of  such  authorities  or  in  such  other  manner  as 
may  prove  most  practicable  within  the  limits  of  available 
appropriations.  The  committee  may  employ  assistants  and 
may  delegate  or  assign  to  one  or  more  of  its  members  or 
agents  such  of  its  powers  and  duties  as  it  may  deem  proper. 
It  shall  provide  for  the  execution  of  surety  bonds  for  all 
officers  and  employees  entrusted  with  funds  or  property, 
and  for  an  annual  audit  of  accounts  of  receipts  and  dis- 
bursements. 

In  addition  to  its  powers  and  duties  otherwise  specified, 
said  committee  shall  have  the  following  powers  and  duties: 

1.  To  encourage  and  assist  educational  work  in  soil  con- 
servation through  co-operation  with  the  Massachusetts 
state  college,  trustees  for  county  aid  to  agriculture  and  the 
trustees  of  county  agricultural  schools; 

2.  To  determine  the  advisability  of  establishing  soil  con- 
servation districts  for  which  petitions  have  been  filed  in 
accordance  with  section  four; 

3.  To  take  the  necessary  steps  to  organize  such  districts 
when  petitions  for  establishing  them  have  been  approved; 

4.  To  appoint  district  supervisors; 

5.  To  allot  money  appropriated  by  the  general  court  for 
establishing  and  maintaining  districts ;  • 

6.  To  terminate  the  existence  of  districts  as  hereinafter 
provided ; 


Acts,  1945. —  Chap.  531.  523 

7.  To  secure  the  co-operation  and  assistance  of  depart- 
ments, boards,  commissions  and  other  authorities  of  the 
commonwealth  and  of  the  United  States  in  promoting  the 
organization  and  operation  of  such  districts; 

8.  To  disseminate  information  concerning  the  activities 
and  programs  of  such  districts  and  relative  to  the  efficient 
use  of  land. 

Section  4-  Whenever  the  committee  receives  a  petition  Organization 
from  occupiers  of  land  within  a  county  or  counties  asking  tk>n°dfsulct8 
that  a  district  be  established  within  said  county  or  counties, 
it  shall  arrange  for  a  hearing  at  some  place  reasonably  con- 
venient for  the  petitioners  and  shall  give  notice  of  such 
hearing  by  publication  in  a  newspaper  published  in  said 
county  or  counties  or  having  a  general  circulation  therein, 
at  least  ten  days  before  the  date  set  for  such  hearing.  If  it 
appears  at  said  hearing  that  a  majority  of  the  land  occupiers 
in  the  area  to  be  affected  are  in  favor  of  the  organization  of 
a  district,  the  committee  may  organize  such  district  within 
said  county  or  counties  and  determine  the  extent  of  the 
area  thereof,  and,  upon  such  organization,  may  by  resolu- 
tion declare  the  specified  area  to  be  a  consei"vation  district, 
subject  to  the  limitations  hereinafter  specified. 

Section  5.     Within   sixty   days   after   an   area  has   been  Appointment 
declared  a  conservation  district,  the  committee  shall  ap-  tion°dfsTrIct 
point  a  board  of  three  supervisors  who  shall  be  land  occu-  supervisors. 
piers  residing  or  owning  agricultural  land  in  said  district, 
from  lists  of  eligible  names  submitted  by  the  petitioners, 
trustees  for  county  aid  to  agriculture  or  trustees  of  county 
agricultural  schools.    Supervisors  originally  appointed  here- 
under shall  serve  for  terms  of  one,  two  and  three  years, 
respectively'.    Successors  to  fill  unexpired  terms,  or  for  full  Election  of 
terms  of  three  years  each,  shall  be  elected  by  the  land  occu-  ^"'"'^*^'^''^- 
piers  in  the  district.    Notice  of  the  holding  of  such  election 
shall  be  given  by  mail  at  least  seven  days  prior  thereto. 
Said  notice  shall  include  a  return  card  for  use  by  each  of 
such  land  occupiers  in  nominating  a  person  for  each  of  the 
offices  to  be  filled  at  such  election.    The  three  persons  re- 
ceiving the  highest  number  of  votes  for  nomination  for  each 
such  office  shall  be  the  nominees  therefor  at  said  election 
and  the  nominee  receiving  the  highest  number  of  votes  at 
the  election  shall  be  declared  elected.    All  supervisors  shall 
serve  until  the  qualification  of  their  respective  successors, 
or   until   said   district   is   dissolved   under   section   eleven. 
Supervisors  shall  be  paid  at  a  rate  determined  by  the  com- 
mittee for  each  day  of  actual  service  rendered,  with  their 
necessary  traveling  and  other  expenses,  from  any  moneys 
received  under  paragraph  seven  of  section  seven. 

Section  6.    The  supervisors  of  a  district  shall  be  the  gov-  obtrict  super- 
erning  body  thereof.    They  shall  designate  from  their  mem-  '^^°'"^'  '^"*'*^- 
bership  a  chairman  and  may  from  time  to  time  change 
such  designation.     They  may  delegate  to  one  or  more  of 
their  members  such  of  their  powers  and  duties  as  they  shall 


524 


Acts,  1945.  —  Chap.  531. 


Special 
powers  and 
duties  of 
district 
supervisors. 


deem  proper.  The  supervisors  shall  furnish  the  state  com- 
mittee, upon  request,  copies  of  such  ordinances,  rules,  regu- 
lations, orders,  contracts,  forms  and  other  documents  as 
they  shall  adopt  or  employ,  and  such  other  information  as 
said  committee  may  require  in  the  performance  of  its  duties. 

The  supervisors  shall  provide  for  the  execution  of  surety 
bonds  for  all  employees  and  officers  who  shall  be  entrusted 
with  funds  or  property,  for  the  keeping  of  records  of  all 
proceedings  and  orders  issued  or  adopted,  and  for  an  annual 
audit  of  the  accounts  of  receipts  and  disbursements. 

They  may  invite  the  governing  body  of  any  political 
subdivision  of  the  commonwealth,  or  any  department,  board 
or  commission  thereof,  to  designate  a  representative  to  ad- 
vise and  consult  with  them  on  questions  of  program  and 
policy  which  may  affect  the  property,  water  supply  or  other 
interests  of  such  political  subdivision  or  agency  thereof. 

Section  7.  The  supervisors  of  a  district  shall  also  have 
the  following  powers  and  duties :  — 

1.  To  conduct  surveys,  investigations  and  research  re- 
lating to  the  character  of  soil  erosion  and  the  preventive 
and  control  measures  needed,  to  publish  the  results  of  such 
surveys,  investigations  or  research,  and  to  disseminate  in- 
formation concerning  such  preventive  and  control  measures; 
provided,  that,  in  order  to  avoid  duplication  of  research 
activities,  no  district  shall  initiate  any  research  program 
except  in  co-operation  with  the  proper  authorities  of  the 
commonwealth  or  its  departments,  boards  or  commissions, 
or  with  the  United  States  or  any  of  its  agencies ; 

2.  To  carry  out  preventive  and  control  measures  within 
the  district  including,  but  not  limited  to,  engineering  opera- 
tions, methods  of  cultivation,  the  growing  of  vegetation, 
changes  in  use  of  land,  and  measures  mentioned  in  section 
one,  on  lands  owned  or  controlled  by  the  commonwealth  or 
any  of  its  subdivisions,  departments,  boards  or  commissions, 
with  the  co-operation  of  the  department,  board  or  commis- 
sion administering  and  having  jurisdiction  thereof,  and  on 
any  other  lands  within  the  district  at  the  request  or  with 
the  consent  of  the  occupier  of  such  lands  or  the  necessary 
rights  or  interests  therein ; 

3.  To  co-operate,  or  enter  into  agreements  with,  and, 
within  the  limits  of  appropriations  duly  made  by  law,  to 
furnish  financial  or  other  aid  to  any  agency,  governmental 
or  otherwise,  or  any  occupier  of  lands  within  the  district,  in 
the  carrying  on  of  erosion  control  and  prevention  operations 
within  the  district,  subject  to  such  conditions  as  the  super- 
visors may  deem  necessary  to  advance  the  purposes  of  this 
chapter; 

4.  To  acquire  or  make  available,  on  such  terms  as  they 
shall  prescribe,  to  land  occupiers  within  the  district,  neces- 
sary machinery,  equipment  and  materials  to  assist  such 
land  occupiers  to  carry  on  operations  upon  their  lands  for 
the  conservation  of  soil  resources,  for  the  prevention  and 
control  of  soil  erosion,  and  to  promote  wise  use  of  land ; 


Acts,  1945. —  Chap.  531.  525 

5.  To  construct,  improve  and  maintain  such  structures 
as  may  be  necessary  or  convenient  for  the  performance  of 
any  of  the  operations  authorized  by  this  chapter; 

6.  To  develop  comprehensive  plans  for  the  conservation 
of  soil  resources  and  for  the  control  and  prevention  of  soil 
erosion  within  the  district,  which  shall  specify  in  such  detail 
as  may  be  practicable  the  acts,  procedures,  performances 
and  avoidances  which  are  necessary  or  desirable  for  accom- 
plishing such  plans,  including  the  specification  of  engineer- 
ing operations,  methods  of  cultivation,  growing  of  vegeta- 
tion, cropping  programs,  tillage  practices,  and  changes  in 
use  of  land;  and  to  publish  such  plans  and  information  and 
bring  them  to  the  attention  of  occupiers  of  lands  within  the 
district; 

7.  To  accept  contributions  in  money,  services,  materials, 
or  otherwise,  for  carrying  on  their  operations,  from  federal 
agencies,  or  from  the  commonwealth,  or  any  political  sub- 
division thereof,  or  from  any  person,  firm  or  corporation; 

8.  To  sue  and  be  sued  in  the  name  of  the  district;  to 
have  a  common  seal  which  shall  be  judicially  noticed;  to 
have  perpetual  succession  unless  terminated  as  hereinafter 
provided;  to  make  and  execute  contracts  and  other  instru- 
ments, necessary  or  convenient  to  the  exercise  of  their  pow- 
ers; to  make,  and  from  time  to  time  amend  and  repeal, 
rules  and  regulations  not  inconsistent  with  this  chapter,  to 
carry  into  effect  its  purposes  and  powers. 

As  a  condition  to  extending  any  benefits  under  this  chap- 
ter to,  or  performing  work  upon,  any  lands  not  owned  or 
controlled  by  the  commonwealth  or  any  of  its  departments, 
boards  or  commissions  the  supervisors  may  ask  for  contri- 
butions in  money,  services,  materials  or  otherwise  to  their 
operations  and  may  ask  land  occupiers  to  enter  into  and 
perform  such  agreements  or  covenants  as  to  the  permanent 
use  of  such  lands  as  will  tend  to  prevent  or  control  erosion 
therein. 

Section  8.     The  supervisors  of  any  two  or  more  districts  Supervisors 
may  co-operate  and  enter  into  agreements  with  one  another  ^^eemenL'."*" 
in  the  exercise  of  any  or  all  pov/ers  conferred  by  this  chapter,  e*" 

Section  9.     If  any  provisions  of  this  chapter,  or  the  ap-  invalidity  of 
plication  of  any  provision  to  any  person  or  circumstance,  be  not"  to  affect" 
held  invahd,  the  remainder  of  the  chapter,  and  the  appli-  pf,^'^^°r''*"'  °^ 
cation  of  such  provision  to  other  persons  or  circumstances, 
shall  not  be  affected  thereb5^ 

Section  10.     In  so  far  as  any  of  the  provisions  of  this  Provisions  of 
chapter  are  inconsistent  with  the  provisions  of  any  other  controf.  ^° 
law,  the  provisions  of  this  chapter  shall  control. 

Section  11.  At  any  time  the  state  committee  may  repeal  ^atrdm^- 
a  resolution  declaring  an  area  to  be  a  district;  provided,  mittee. 
that  said  committee  has  determined  that  a  substantial  por- 
tion of  the  land  occupiers  of  the  district  so  desire  or  that 
such  a  step  is  in  the  best  interests  of  the  district  or  in  the 
public  interest.  Such  determination  shall  be  made  as  a  re- 
sult of  petitions,  hearings,  referenda  or  any  other  means 


526 


Acts,  1945. —  Chap.  532. 


which  said  board  deems  appropriate,  but  such  determina- 
tion shall  be  made  only  after  the  holding  of  a  public  hearing 
by  the  committee  in  the  same  manner  as  provided  in  section 
four  in  the  case  of  the  establishment  of  a  district.  If  a  reso- 
lution declaring  an  area  to  be  a  district  is  repealed,  the  super- 
visors shall  forthwith  proceed  to  terminate  the  affairs  of  the 
district,  and  shall  dispose  of  all  property  belonging  to  the 
district,  as  directed  by  the  state  committee.  Any  sums  re- 
maining on  hand  after  pajonent  of  district  obUgations  shall 
be  paid  into  the  state  treasury,  and  shall  be  subject  for  a 
period  of  three  years  to  claims  against  the  district  or  the 
supervisors  acting  in  their  official  capacity,  to  the  extent 
that  such  claims  are  found  valid. 

Approved  June  28,  1946. 


G.  L.  (Ter. 
Ed.),  118,  §  2, 
etc.,  amended. 


Payment  of 
certain  ex- 
penses for 
care  of  certain 
parent  or 
dependent 
child. 


Chap. 532  An   Act  relative   to   payment   in   certain   cases   for 

MEDICAL,  HOSPITAL  AND  OTHER  SERVICES  RENDERED  ON 
ACCOUNT  OF  DEPENDENT  CHILDREN  AND  THEIR  PARENTS 
AND   RECIPIENTS   OF   OLD   AGE   ASSISTANCE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  two  of  chapter  one  hundred  and 
eighteen  of  the  General  Laws,  as  most  recently  amended  by 
chapter  four  hundred  and  twelve  of  the  acts  of  the  current 
year,  is  hereby  further  amended  by  inserting  after  the  fourth 
sentence  the  following  sentence :  —  In  addition,  expenses  for 
medical,  hospital  and  other  services  rendered  on  account  of 
such  parent  or  any  dependent  child  in  his  or  her  care  or 
custody,  including  expenses  of  the  funeral  of  any  such  de- 
pendent child  who  may  have  died,  may  be  paid  by  the  town 
directly  to  the  person  furnishing  such  services,  subject  to 
any  rule  or  regulation  of  the  department  relative  to  reim- 
bursement under  this  chapter,  in  any  case  where  such  pay- 
ment is  necessary  to  discharge  an  obligation  incurred  in 
securing  such  services  for  such  parent  or  dependent  child. 

Section  2.  Section  one  of  chapter  one  hundred  and 
eighteen  A  of  the  General  Laws,  as  amended,  is  herebj'-  fur- 
ther amended  by  striking  out  the  paragraph  appearing  in 
chapter  jBve  hundred  and  six  of  the  acts  of  nineteen  hundred 
and  forty-three,  and  inserting  in  place  thereof  the  following 
paragraph :  — 

Expenses  for  medical,  hospital  and  other  services  rendered 
to  an  aged  person  which  remain  unpaid  at  the  time  of  his 
commitment  to  an  institution  as  an  insane  person,  or  ex- 
penses for  similar  services  rendered  to  an  aged  person  which 
remain  unpaid  at  the  time  of  his  death,  and  also  the  ex- 
penses of  his  funeral,  may  be  paid  directly  to  the  person 
furnishing  such  service;  and,  in  addition,  expenses  for  medi- 
cal, hospital  and  other  services  rendered  to  an  aged  person 
may  be  paid  directly  to  the  person  furnishing  such  services, 
subject  to  any  rule  or  regulation  of  the  department  relative 
to  reimbursement  under  this  chapter,  in  any  case  where 


G.  L.  (Ter. 
Ed.).  118A, 
§  1,  etc., 
amended. 


Payment  of 
certain  ex- 
penses for  care 
of  certain 
insane  or  aged 
persons. 


Acts,  1945. —  Chap.  533.  527 

such  payment  is  necessary  to  discharge  an  obligation  in- 
curred in  securing  such  services  for  such  aged  person. 

Approved  June  28,  1945. 

An  Act  to  prevent  the  unnecessary  overlapping  of  njiQ^jy  533 

THE   powers  and   DUTIES   OF  INSPECTORS  AND   OTHERS   IN  ^' 

THE  ENFORCEMENT  OF  THE  LAWS  RELATING  TO  THE  SAFETY 
OF   PERSONS   IN    BUILDINGS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Chapter  one  hundred  and  forty-three  of  the  g.  l.  (Ter. 
General  Laws  is  hereby  amended  by  striking  out  section  ^tc^^'ameAicd^' 
thirty-three,  as  amended  by  section  three  of  chapter  five' 
hundred  and  forty-four  of  the  acts  of  nineteen  hundred 
and  forty-three,  and  inserting  in  place  thereof  the  follow- 
ing section :  —  Section  33.     In  every  city,  town  and  dis-  certain  in- 
trict  in  which  the  provisions  of  section  three  are  in  force  ^f^f  *°''^^g"*  ^^ 
the  provisions  of  sections  fifteen,  seventeen,  twenty,  twenty-  enforce  cw- 
one,  twenty-one  A,  twenty-four,  twenty-five,  twenty-eight,  relating  to  the 
twenty-nine,  thirty,  thirty-one,  fortj^-two,  forty-three,  forty-  safety  of 
nine,  fifty-one,  fifty-two,  fifty-three,  fifty-seven  and  fifty-  CuiidingB. 
nine  relative  to  buildings  other  than  churches,  theatres,  spe- 
cial halls,  public  halls,  schoolhouses  and  state-owned  and 
county-owned  buildings  shall,  unless  otherwise  provided,  be 
enforced  by  the  inspector  or  inspectors  of  buildings  of  such 
city,  town  or  district  and  the  terms  "supervisor  of  plans", 
"chief  of  inspections"  and  "inspector",  as  used  in  said  sec- 
tions and  in  sections  fifty-five  and  fifty-six,  shall  include  an 
inspector  of  Iniildings  of  such  city,  town  or  district;   in  all 
other  cities  and  towns  the  provisions  of  said  sections  shall 
be  enforced  in  accordance  with  their  specific  terms. 

Section  2.    Said  chapter  one  hundred  and  forty-three  is  g.  l.  (Ter. 
hereby  further  amended  by  striking  out  section  fifty-seven,  §'57,' amended, 
as  appearing  in  the  Tercentenary  Edition,  and  inserting  in 
place  thereof  the  following  section :  —  Section  57.     The  su-  Restraining 
preme  judicial  or  superior  court  may,  upon  the  petition  of  '"^^*'  erection. 
an  inspector,  or  of  an  authorized  representative  of  the  com- 
missioner, referred  to  in  section  three  A,  temporarily  or  per- 
manently restrain  the  erection,  constniction,  alteration,  use 
or  occupation  of  any  building  or  structure  in  violation  of 
any  provision  of  sections  three  to  fifty-two,  inclusive,  or  of 
Buy  ordinance,  by-law,  rule  or  regulation  authorized  by  any 
of  said  sections,  with  the  duty  of  the  enforcement  of  which, 
under  this  chapter,  said  inspector  or  authorized  representa- 
tive is  charged. 

Section  3.    Said  chapter  one  hundred  and  forty-three  is  g.  l.  (Ter.  _ 
hereby  further  Amended  by  striking  out  section  fifty-nine,  ftc.'!'ameAl^.' 
as  amended  by  section  six  of  chapter  five  hundred  and  forty- 
four  of  the  acts  of  nineteen  hundred  and  forty-three,  and 
inserting  in  place  thereof  the  following  section:  —  Section  59.  Enforcement 
The  supreme  judicial  or  superior  court  may,  upon  the  ap-  ord^^^"*"^* 
plication  of  the  commissioner,  an  inspector  or  an  authorized 
representative,  referred  to  in  section  three  A,  enforce,  by 


528  Acts,  1945.  —  Chap.  534. 

any  suitable  process  or  decree,  any  provision  of  sections  three 
to  fifty-two,  inclusive,  and  any  order  or  requirement  of  any 
person  made  under  authority  thereof,  which  provisions  said 
commissioner,  inspector  or  authorized  representative  is,  un- 
der this  chapter,  authorized  to  enforce. 
EdV  ui^'i  60       Section  4.     Section  sixty  of  said  chapter  one  hundred 
amended.'       '  and  forty-three,  as  appearing;  in  the  Tercentenary  Edition, 
is  hereby  amended  by  inserting  after  the  word  "town"  in 
the  third  line  the  words :  —  or  of  an  inspector  of  buildings 
of  a  district  referred  to  in  section  three,  —  by  inserting  after 
the  word  "town"  in  the  fifth  line  the  words:  —  or  such  in- 
spector, —  and  by  striking  out  in  the  sixth  line  the  word 
.  "  his  "  and  inserting  in  place  thereof  the  words :  —  the  owner's, 
Restraining       —  SO  as  to  read  as  follows:  —  Section  60.    The  supreme  ju- 
Ltc^'^of^buiid-     dicial  or  superior  court  may  restrain  the  illegal  placing,  main- 
ingV  tenance  or  use  of  any  building,  structure  or  other  thing.    It 

may,  upon  the  petition  of  a  city  or  town  or  of  an  inspector 
of  buildings  of  a  district  referred  to  in  section  three  for  such 
relief,  require  the  removal  of  any  such  building,  structure  or 
other  thing  by  the  owner,  and  may  authorize  the  city  or 
town  or  such  inspector,  in  default  of  such  removal  by  the 
owner,  to  remove  it  at  the  owner's  expense.  Upon  such 
petition,  the  defendant  shall  be  presumed  to  have  acted  with- 
out a  license  or  authority  until  he  proves  the  contrary. 

Approved  June  28,  1945. 


Chap.534:  An  Act  relative  to  the  education  of  certain  physi- 
cally  HANDICAPPED  CHILDREN. 

Be  it  enacted,  etc.,  as  foUoios: 

Ed^.Ti!^'^"  Chapter   seventy-one    of    the    General    Laws   is   hereby 

§4'6A,  e'tc,        amended  by  striking  out  section  forty-six  A,  as  amended 
amen  e  .  ^^  chaptcr  ouc  hundred  and  fifty-nine  of  the  acts  of  nine- 

teen hundred  and  thirty-two,  and  inserting  in  place  thereof 
ofwlppied'  ^^6  following  section :  —  Section  46  A .  The  school  committee 
children  in  of  cveiy  towu  shall  annually  ascertain,  under  regulations  pre- 
etc^'"^  '""*^^'  scribed  by  the  department,  after  consultation  with  the  com- 
missioners of  public  health  and  public  welfare,  the  number 
of  children  of  school  age  and  resident  therein  who  are  physi- 
cally handicapped.  In  any  town  where,  at  the  beginning  of 
any  school  year,  there  is  a  child  of  school  age  resident  therein 
so  physically  handicapped  as  to  make  attendance  at  a  pub- 
lic school  not  feasible,  and  who  is  not  otherwise  provided 
for,  the  school  committee  shall  employ  a  teacher  or  teachers, 
on  full  or  part  time,  who  shall,  with. the  approval  in  each 
case  of  the  departments  of  education  and  public  health,  offer 
instruction  to  each  such  child  in  his  home  or  at  such  place 
and  under  such  conditions  as  the  committee  may  arrange. 

If  a  town  furnishing  instruction  under  this  section  to  a 
child  confined  in  a  hospital,  sanatorium  or  similar  institu- 
tion located  therein  is  not  the  legal  residence  of  the  parent 
or  guardian  of  such  child,  the  town  where  such  parent  or 


Acts,  1945.  —  Chaps.  535,  536.  529 

guardian  has  a  legal  residence  shall  pay  tuition  to  the  town 
furnishing  such  instruction.  Said  tuition  shall  be  computed 
at  the  regular  rate  established  for  non-resident  pupils  by  the 
school  committee  of  the  town  furnishing  the  instruction,  filed 
with  and  approved  by  the  department. 

Approved  June  28,  W^o. 

An  Act  extending  the  period  of  time  of  liability  of  Chav. 535 

THE  COMMONWEALTH  IN  CONNECTION  WITH  THE  REIM- 
BURSEMENT or  CITIES  AND  TOWNS  FOR  EXPENSES  INCURRED 
IN  THE  CASE  OF  CERTAIN  PREMATURELY  BORN   CHILDREN. 

Be  it  enacted,  etc.,  as  follows: 

Section  sixty-seven  C  of  chapter  one  hundred  and  eleven  g.  l.  (Ter. 
of  the  General  Laws,  as  amended  by  section  two  of  chapter  §67c!ltc.. 
two  hundred  and  forty-six  of  the  acts  of  nineteen  hundred  amended, 
and  thirty-nine,  is  hereby  further  amended  by  striking  out, 
in  the  twenty-fourth  line,  the  word  "five"  and  inserting  in 
place  thereof  the  word :  —  ten,  —  so  as  to  read  as  follows :  — 
Section  67C.  Reasonable  expenses  for  the  care  of  a  pre-  Expenses  for 
maturely  born  infant,  weighing  five  pounds  or  less  at  birth,  '^^^^  °^  infant. 
in  a  hospital  in  which  it  is  born  or  to  which  it  has  been  re- 
moved shall  be  paid  by  the  parent  or  guardian,  or  any  other 
person  bound  by  law  to  maintain  such  infant,  if  he  is  able 
to  pay,  otherwise  by  the  board  of  public  welfare  of  the  town 
wherein  such  infant  was  born,  subject  to  the  provisions  of 
section  twenty-four  of  chapter  one  hundred  and  seventeen 
relative  to  notice  and  request  and  subject  to  reimbursement 
as  hereinafter  provided.  If  such  infant  has  a  legal  settlement 
within  the  commonwealth,  the  town  of  settlement  shall  reim- 
burse the  town  where  such  infant  was  born  in  like  manner  as  if 
the  expense  of  such  care  had  been  incurred  under  section  four- 
teen of  chapter  one  hundred  and  seventeen.  If  the  infant  has 
no  legal  settlement  in  the  commonwealth,  the  town  wherein 
such  infant  was  born  shall  be  reimbursed  by  the  common- 
wealth for  the  expense  of  the  care  of  such  infant,  within  the 
limits  as  to  amount  prescribed  by  section  eighteen  of  chapter 
one  hundred  and  twenty-two,  upon  notice  to  the  department 
of  public  welfare  by  the  board  of  public  welfare  of  such  town 
that  said  board  has  incurred  such  expense;  provided,  that 
reimbursement  shall  not  be  made  for  any  expense  incurred 
more  than  ten  days  prior  to  such  notice. 

Approved  June  28,  1945. 

An  Act  further  clarifying  the  law  relating  to  the  C hap. 5S6 

MAINTENANCE  OF  PROPER  EXITS  AND  MEANS  OF  ESCAPE 
IN    CERTAIN    BUILDINGS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  forty-three  of  the  General  Laws  g^l.  (Ter. 
is  hereby  amended  by  striking  out  section  twenty-one,  as  §21,' etc.,' 
amended  by  section  two  of  chapter  five  hundred  and  forty-  "™«'°'J^- 
six  of  the  acts  of  nineteen  hundred  and  forty-three,  and 


530  Acts,  1945.  —  Chap.  537. 

^u^B^ST'      inserting  in  place  thereof  the  following  section :  —  Section  21 . 

fvtc. '  '  The  owner,  lessee  or  mortgagee  in  possession  of  any  building 
in  whole  or  in  part  used  as  a  public  building,  or  of  any  build- 
ing in  which  ten  or  more  persons  are  employed  in  a  factory, 
workshop,  mercantile  or  other  establishment,  or  of  an  office 
building,  dormitory,  hotel,  family  hotel,  apartment  house, 
boarding  house,  lodging  house  or  tenement  house  which  has 
eight  or  more  rooms,  or  in  which  ten  or  more  persons  are 
accommodated,  lodge  or  reside  above  the  second  story,  to 
which  building  sections  fifteen  to  sixty,  inclusive,  apply, 
shall  provide  such  building  with  proper  egresses  or  other 
means  of  escape  from  fire  sufficient  for  the  use  of  all  persons 
employed,  lodged  or  resident  therein;  provided,  that  in  all 
buildings  subject  to  this  section,  other  than  mercantile 
establishments,  hotels  and  buildings  used  solely  for  office 
purposes,  such  egresses  or  means  of  escape  from  fire  shall 
also  be  sufficient  for  the  use  of  all  persons  accommodated  or 
assembled  therein;  and,  in  such  mercantile  establishments, 
hotels  and  buildings  used  solely  for  office  purposes,  shall  be 
sufficient,  to  the  greatest  extent  compatible,  in  the  opinion 
of  the  inspector,  with  the  reasonable  use  thereof,  for  the  use 
of  all  persons  accommodated  or  assembled  therein;  and 
provided,  further,  that  no  owner,  lessee  or  mortgagee  in 
possession  of  a  building  subject  to  any  provision  of  this  sec- 
tion shall  be  deemed  to  have  violated  this  provision  unless 
he  has  been  notified  in  writing  by  an  inspector  as  to  what 
additional  egresses  or  means  of  escape  from  fire  are  neces- 
sary, and  for  thirty  days  has  neglected  or  refused  to  provide 
the  same.  The  egresses  and  means  of  escape  shall  be  kept 
unobstructed,  in  good  repair  and  ready  for  use,  and,  if  the 
inspector  so  directs  in  writing,  every  such  egress  shall  be 
properly  lighted  and  provided  with  a  sign  having  on  it  the 
word  "Exit"  in  letters  not  less  than  five  inches  in  height, 
and  so  made  and  placed  as  plainly  to  indicate  to  persons 
within  the  building  the  situation  of  such  egresses;  and  stair- 
ways shall  have  suitable  hand  rails.  There  shall  be  at  least 
two  means  of  egress  from  each  room  above  the  second  story 
in  which  women  or  children  are  employed  in  a  factory,  work- 
shop, mercantile  or  other  establishment.  Portable  seats 
shall  not  be  allowed  in  the  aisles  or  passageways  of  such 
buildings  during  any  service  or  entertainment  held  therein. 
Stairways  on  the  outside  of  the  building  shall  have  suitable 
railed  landings  at  each  story  above  the  first,  accessible  at 
each  story  from  doors  or  windows,  and  such  landings,  doors 
•  and  windows  shall  be  kept  clear  'of  ice,  snow  and  other  ob- 

structions. Approved  June  28,  1945. 

Chap.5S7  An  Act  establishing  the  office  of  treasurer  at  cer- 
tain  STATE   PENAL  AND   REFORMATORY   INSTITUTIONS. 

Be  it  enacted,  etc.,  as  follows: 

G.  L  (Ter.  Section  1.    Chapter  one  hundred  and  twenty-five  of  the 

i  6A,  added*^"^    General  Laws  is  hereby  amended  by  inserting  after  section 


Acts,  1945.  —  Chap.  537.  531 

six  the  following  section :  —  Section  6 A .    The  warden  of  the  Appointment 
state  prison  and  the  superintendents  of  the  Massachusetts  at  certaS*^^ 
reformatory,  state  prison  colony,  state  farm  and  reforma-  state  penai 
tory  for  women  shall  each  appoint,  with  the  approval  of  tory  ins°ti^- 
the  commissioner,  a  treasurer  of  the  respective  institution,  *'°"^- 
who  shall  give  bond  for  the  faithful  performance  of  his  du- 
ties.   Said  treasurers  shall,  under  the  direction  of  the  warden 
or  superintendent,  receive  and  disburse  all  moneys  paid  by 
the  commonwealth  for  the  support  of  their  respective  insti- 
tutions and  shall  cause  to  be  kept  such  books  of  account  of 
the  property,  expenses,  income  and  business  thereof  as  may 
be  approved  by  the  comptroller. 

Section  2.    Section  fourteen  of  said  chapter  one  hundred  g- l.  (Jer  ^^ 
and  twenty-five,  as  appearing  in  the  Tercentenary  Edition,  amended.' 
is  hereby  amended  by  striking  out  the  third  sentence,  —  so 
as  to  read  as  follows:  —  Section  14.    The  warden  shall  have  Powers  and 
the  custody  and  control  of  all  convicts  in  the  prison,  and  ^"irdenf. 
shall  govern  and  employ  them  according  to  law,  pursuant 
to  their  respective  sentences  and  to  the  rules  and  regulations 
of  the  prison,  until  their  sentences  have  been  performed  or 
they  are  otherwise  discharged  by  due  course  of  law.     He 
shall  also  have  the  charge  and  custody  of  the  prison  and  of 
the  land,  buildings,  furniture,  tools,  implements,  stock,  pro- 
visions, and  all  other  property  belonging  to  it  or  within  its 
precincts.    He  may,  with  the  approval  of  the  commissioner, 
expend  not  more  than  three  hundred  dollars  annually  for 
the  entertauiment  of  official  and  other  visitors  to  the  state 
prison. 

Section  3.    Section  twenty-six  of  said  chapter  one  hun-  g.  l.  (Ter. 
dred  and  twenty-five,  as  so  appearing,  is  hereby  amended  amende^d.'  ^  ^^' 
by  striking  out,  in  the  eleventh  to  the  fifteenth  lines,  inclu- 
sive, the  words  ",  and  shall  receive  and  disburse  all  money 
paid  to  him  by  the  commonwealth  for  the  support  thereof. 
He  shall  cause  to  be  kept  such  books  of  account  of  the  prop- 
erty, expenses,  income  and  business  of  the  reformatory  as 
may  be  approved  by  the  comptroller.",  —  so  as  to  read  as 
follows:  —  Section  26.     The  superintendent  shall  reside  3-^9*1^"'^'^^^^'' 
all  times  within  the  precincts  or  dependencies  of  the  re-  duties  of 
formatory.    He  shall  have  the  custody  and  control  of  pris-  supenntend- 
oners  committed  to  the  reformatory,  the  management  and 
direction  of  the  reformatory,  under  the  rules  and  regulations 
thereof,  and  the  custody  and  control  of  the  buildings  and 
property  of  the  commonwealth  connected  therewith.     He 
shall  receive  and  securely  keep,  according  to  the  terms  of 
the  sentence,  any  male  person  sentenced  to  the  reformatory 
by  any  court  of  the  United  States,  or  sentenced  by  such 
court  to  any  other  prison  and  removed  to  the  reformatory. 
He  shall,  if  authorized  so  to  do  by  the  state  purchasing 
agent,  purchase  all  necessary  supplies  for  the  reformatory. 
He  may,  with  the  approval  of  the  commissioner,  expend  not 
more  than  three  hundred  dollars  annually  for  the  entertain- 
ment of  official  and  other  visitors  to  the  reformatory. 


532 


Acts,  1945.  —  Chap.  538. 


G.  L.  (Ter. 
Ed.).  125,  §  34. 
amended. 


Additional 
duties. 


Present 
incumbents  to 
continue  in 
office. 


Section  4.  Said  chapter  one  hundred  and  twenty-five  is 
hereby  further  amended  by  striking  out  section  thirty-four, 
as  so  appearing,  and  inserting  in  place  thereof  the  following 
section:  —  Section  34-  He  shall,  if  authorized  so  to  do  by 
the  state  purchasing  agent,  purchase  all  supplies  and  all 
other  articles  needed  for  carrying  on  and  managing  said 
reformatory,  and  shall  have  the  custody  and  control  of  all 
property  connected  with  or  belonging  to  it. 

Section  5.  Each  person  performing  the  duties  of  treas- 
urer, upon  the  effective  date  of  this  act,  at  the  state  prison 
colony,  state  farm  and  reformatory  for  women  shall  con- 
tinue to  perform  said  duties  to  the  same  extent  as  if  he  had 
been  appointed  to  said  office  of  treasurer  under  authority 
of  this  act.  Approved  June  28,  1945. 


G.  L.  (Ter. 
Ed.),  5,  §  11, 
etc.,  amended. 


Manual  for 
the  general 
court. 


Distribution. 


Chap.53S  An  Act  increasing  the  allotment  to  the  governor, 

THE  LIEUTENANT  GOVERNOR  AND  THE  MEMBERS  OF  THE 
EXECUTIVE  COUNCIL  OF  THE  MANUAL  FOR  THE  GENERAL 
COURT. 

Be  it  enacted,  etc.,  as  follows: 

Section  eleven  of  chapter  five  of  the  General  Laws,  as 
most  recently  amended  by  chapter  three  hundred  and  twenty- 
nine  of  the  acts  of  nineteen  hundred  and  forty-one,  is  hereby 
further  amended  by  striking  out  the  paragraph  contained  in 
the  fourteenth  to  the  thirty-first  lines,  inclusive,  as  appearing 
in  the  Tercentenary  Edition,  and  inserting  in  place  thereof  the 
two  following  paragraphs :  — 

To  the  governor,  the  lieutenant  governor,  and  the  mem- 
bers of  the  executive  council,  five  each  and,  upon  written 
application,  an  additional  number,  not  exceeding  twenty; 

To  the  private  secretary  to  the  governor,  the  attorney 
general  and  his  assistants,  the  senators  and  representatives 
in  congress  from  the  commonwealth,  the  justices,  clerks  and 
registers  of  courts,  such  assistant  clerks  of  courts  as  the  state 
secretary  may  designate,  the  reporter  of  decisions,  district  at- 
torneys, county  commissioners,  county  treasurers,  registers 
of  deeds,  medical  examiners,  sheriffs,  city  and  town  clerks, 
institutions  under  the  supervision  of  the  state  departments 
of  correction,  education,  mental  health,  public  health  and 
public  welfarej  Harvard  University  and  all  incorporated 
colleges  within  the  commonwealth,  the  Massachusetts  His- 
torical Society,  the  New  England  Historic  Genealogical 
Society,  the  Boston  Athena'um,  the  American  Antiquarian 
Society  in  Worcester,  such  free  public  libraries  and  branches 
thereof  in  the  commonwealth  as  the  state  secretary  may 
designate,  and  to  such  other  free  public  libraries  in  the  com- 
monwealth making  written  application  therefor,  county  law 
libraries,  all  incorporated  law  libraries  in  the  commonwealth 
and  branch  libraries  maintained  by  them,  and  to  veteran 
organizations  having  headquarters  in  the  state  house,  one, 
each;  Approved  June  28,  1945. 


Acts,  1945.  —  Chaps.  539,  540,  541.  533 


An  Act  providing  for  the  illumination  of  hazardous  Chap.5d9 

LOCATIONS    ON    STATE   HIGHWAYS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  eighty-one  of  the  General  Laws  is  hereby  amended  ^j  ^-  ^^^^e^. 
by  inserting  after  section  twenty  the  following  section :  —  §  2bA.  added. 
Section  20 A.     The  department  may  illuminate,  or  cause  to  illumination 
be  illuminated,  by  means  of  highway  lighting,  traffic  circles,  ricatkfns'^°"^ 
traffic   underpasses,   traffic  overpasses,   traffic   islands  and  on  state 
other  locations  in  the  state  highways  wherever,  in  its  opinion,    '^  ^^^^' 
such  illumination  is  necessary  for  the  safety  of  the  travelling 
public.  Approved  June  28,  1945. 

An  Act  providing  for  the  installation  and  mainte-  Chap. 54:0 

NANCE  of  a  traffic  SIGNAL  ON  MEMORIAL  DRIVE  IN  THE 
CITY  OF  CAMBRIDGE  EQUIPPED  WITH  A  DEVICE  ENABLING 
PEDESTRIANS  DESIRING  TO  CROSS  SAID  DRIVE  TO  CHANGE 
SUCH    SIGNAL. 

Be  it  enacted,  etc.,  as  follows: 

The  metropoUtan  district  commission  is  hereby  authorized 
and  directed  to  install  and  maintain  on  Memorial  drive  at 
Magazine  street  in  the  city  of  Cambridge  a  traffic  signal 
equipped  with  a  device  whereby  pedestrians  desiring  to  cross 
said  drive  may  cause  the  signal  to  be  changed. 

Approved  June  28,  1945. 

An  Act  relative  to  the  granting  of  assistance  to,  Chap. 541 

AND  THE  PAYMENT  OF  THE  EXPENSES  OF  THE  FUNERAL 
and  BURIAL  OF,  CERTAIN  BLIND  PERSONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  twenty-three  of  chapter  sixty-nine  g.  l.  (Ter. 
of  the  General  Laws,  as  amended  by  chapter  five  hundred  f23.'^t^c.. 
and  twenty-six  of  the  acts  of  nineteen  hundred  and  forty-  amended. 
three,  is  hereby  further  amended  by  adding  at  the  end  the 
following  paragraph :  — 

The  director  may,  if  no  other  means  are  available,  pay  Payment  of 
for  the  expense  of  the  funeral  and  burial  of  such  a  blind  bu"?Iuxpense 
person  a  sum  not  exceeding  two  hundred  dollars;  provided,  uiinf*^e"aons 
that  the  total  expense  of  the  funeral  and  burial  does  not 
exceed  two  hundred  dollars.     Payments  under  this  para- 
graph may  be  made  directly  to  the  person  furnishing  the 
services. 

Section  2.     Said   chapter  sixty-nine   is   hereby  further  g.  l.  (Ter. 
amended  by  inserting  after  section  twenty-three  A,  inserted  ne'^w's^lse, 
by  chapter  twenty-eight  of  the  acts  of  nineteen  hundred  and  added, 
thirty-eight,    the   following   section:  —  Section  23 B.      If   a  options. 
blind  person  who  is  eligible  to  receive  aid  under  the  first 
paragraph  of  section  twenty-three  is  also  eligible  to  receive 
aid  and  assistance  under  chapter  one  hundred  and  fifteen 
or  one  hundred  and  eighteen  A  he  shall  be  entitled  to  exer- 


534 


Acts,  1945. —  Chaps.  542,  543. 


G.  L.  (Ter. 
Ed.),  118A, 
§  0,  etc., 
amended. 


Options. 


cise  from  time  to  time  such  options  and  execute  such  waivers 
as  may  be  necessary  to  receive  the  aid  or  assistance  he  seeks. 
Section  3.  Chapter  one  hundred  and  eighteen  A  of  the 
General  Laws  is  hereby  amended  by  striking  out  section 
nine,  as  appearing  in  section  one  of  chapter  four  hundred 
and  thirty-six  of  the  acts  of  nineteen  hundred  and  thirty- 
six,  and  inserting  in  place  thereof  the  following  section :  — 
Section  9.  If  an  application  for  assistance  under  this  chap- 
ter is  affected  by  the  eligibility  of  the  applicant  to  receive 
aid  under  chapter  sixty-nine  or  chapter  one  hundred  and 
fifteen,  the  applicant  shall  be  entitled  to  exercise  such  options 
and  execute  such  waivers  as  may  be  necessary  to  receive  the 
assistance  or  aid  which  he  seeks. 

Approved  June  28,  1945. 


Chap. 542  An  Act  providing  for  the  recording  of  certain  births 

UPON    THE    DETERMINATION    OF    FACTS   RELATING   THERETO 
BY   A    PROBATE    COURT. 


G.  L.  (Ter. 
Ed.),  46, 
new  §  13A, 
added. 

Records  of 
certain  births 
upon  deter- 
mination of 
facts  by  city 
or  town  clerk 
or  by  pro- 
bate court. 


Be  it  enacted,  etc.,  as  follows: 

Chapter  forty-six  of  the  General  Laws  is  hereby  amended 
by  inserting  after  section  thirteen  the  following  section :  — 
Section  ISA.  A  person  who  is  unable  to  furnish  an  affidavit 
for  the  establishment  of  his  birth  record  under  section  thir- 
teen may  petition  the  city  or  town  clerk  of  the  city  or  town 
where  it  is  claimed  the  birth  occurred,  for  the  recording  of 
such  birth.  If  the  evidence  submitted  by  the  petitioner  is 
satisfactory  to  the  city  or  town  clerk  as  a  basis  for  establish- 
ing such  record,  he  shall  accept  the  same  and  record  the 
birth.  If,  however,  in  the  opinion  of  the  clerk  such  evidence 
is  not  satisfactory,  the  clerk  shall  present  such  petition  and 
evidence  to  a  judge  of  the  probate  court  of  the  county  in 
which  such  city  or  town  is  located,  for  approval.  Said  judge 
may  order  the  recording  of  such  birth  and  may,  on  appeal, 
order  acceptance  of  an  affidavit  under  section  thirteen  which 
has  been  rejected  by  the  clerk.  Upon  receipt  of  such  order 
from  said  judge,  the  clerk  shall  establish  such  record. 

Approved  June  28,  1945. 


Chap. 54:3  An  Act  relative  to  the  furnishing  of  certain  material 

FOR   USE   IN    DETERMINING   AND   RECORDING   THE   PHYSICAL 
CONDITION  OF  SCHOOL  CHILDREN. 


G.  L.  (Ter. 
Ed.),  71,  §  58, 
repealed. 

G.  L.  (Ter. 
Ed.),  Ill, 
new  §  185A, 
added. 
Department 
of  public 
health  to 
prescribe  and 
furnish  cer- 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  fifty-eight  of  chapter  seventy-one  of 
the  General  Laws,  as  amended,  is  hereby  repealed. 

Section  2.  Chapter  one  hundred  and  eleven  of  the 
General  Laws  is  hereby  amended  by  inserting  after  section 
one  hundred  and  eighty-five  the  following  section :  —  Section 
185 A.  The  department  of  public  health,  after  consultation 
with  the  department  of  education,  shall  prescribe  and  fur- 
nish to  school  committees  suitable  rules  of  instruction,  test 


Acts,  1945.  — Chap.  544.  535 

cards,  blanks,  record  books  and  other  useful  appliances  for  tain  rules  of 
accomplishing  the  purposes  of  sections  fifty-three  to  fifty-  Sst^der'etc. 
seven,  inclusive,  of  chapter  seventy-one  and  may  furnish 
said  material  to  such  boards  of  health  as  may  requu-e  it  in 
the  performance  of  their  duties.  The  department  may 
provide  for  pupils  in  the  teachers  colleges  instruction  and 
practice  in  the  best  methods  of  testing  the  sight  and  hearing 
of  children.  Approved  June  28,  1945. 


An  Act  relative  to  the  making  or  sharing  in  con-  Chap. 54:4: 

TRACTS    BY    THE    OFFICIALS    AND    EMPLOYEES    OF   THE    CITY 
OF   LYNN. 

He  it  enacted,  etc.,  as  follows: 

Section  1.  Neither  the  mayor  or  any  member  of  the 
city  council  or  school  committee  and  no  other  ofiicer  and 
no  employee  of  the  city  of  Lynn  shall  directly  or  indirectly 
make  a  contract  with  the  city,  or  receive  any  commission,  dis- 
count, bonus,  gift,  contribution,  or  reward  from  or  any  share 
in  the  profits  of  any  person  making  or  performing  such  con- 
tract, unless  the  mayor,  such  member,  officer  or  employee, 
immediately  upon  learning  of  the  existence  of  such  contract, 
or  that  such  contract  is  proposed,  shall  notify  in  writing  the 
mayor,  city  council  or  school  committee  of  the  nature  of  his 
interest  in  such  contract,  and  shall  abstain  from  doing  any 
oflBcial  act  on  behalf  of  the  city  in  reference  thereto.  In 
case  of  such  interest  on  the  part  of  an  officer  whose  duty  it 
is  to  sign  such  contract  on  behalf  of  the  city,  the  contract 
maj'^  be  signed  by  any  other  officer  of  the  city  duly  author- 
ized thereto  by  the  mayor,  or,  if  the  mayor  has  such  interest, 
by  the  city  clerk;  provided,  that,  when  a  contractor  with 
the  city  is  a  corporation  or  a  voluntary  stock  association, 
the  ownership  of  less  than  five  per  cent  of  the  stock  or  shares 
actually  issued  shall  not  be  considered  as  involving  an  in- 
terest in  the  contract  within  the  meaning  of  this  act,  and 
such  ownership  shall  not  affect  the  validity  of  the  contract 
unless  the  ow^ner  of  such  stock  or  shares  is  also  an  officer  or 
agent  of  the  corporation  or  association,  or  solicits  or  takes 
part  in  the  making  of  the  contract. 

A  violation  of  any  provision  of  this  section  shall  render 
the  contract  in  respect  to  which  such  violation  occurs  void- 
able at  the  option  of  the  city.  Any  person  violating  any 
provision  of  this  section  shall  be  punished  by  a  fine  of  not 
more  than  one  thousand  dollars  or  by  imprisonment  for  not 
more  than  one  year,  or  both. 

Section  2.     Section  thirty-eight  of  chapter  three  hun- 
dred and  forty  of  the  Special  Acts  of  nineteen  hundred  and 
seventeen,  as  amended  by  section  one  of  chapter  two  hun- 
dred and  thirty-two  of  the  acts  of  nineteen  hundred  and    • 
twenty-five,  is  hereby  repealed.    Approved  June  28,  1945. 


536 


Acts,  1945. —  Chaps.  545,  546. 


CJiap. 54:5  An  Act  relative  to  the  payment  of  salaries  of  cer- 
tain TEACHERS  AND  SUPERVISORS  EMPLOYED  BY  THE  COM- 
MONWEALTH. 


Emergency 
preamble. 


G.  L.  (Ter. 
Ed.),  29, 
§  31,  etc., 
amended. 


Payment  of 
salaries  of 
teachers  and 
supervisors 
employed  in 
schools  or 
colleges  within 
any  depart- 
ment of  the 
common- 
wealth. 


Whereas,  One  of  the  principal  purposes  of  this  act  is  to 
make  its  provisions  available  at  once  and  the  deferred  opera- 
tion thereof  would  prevent  the  achievement  of  such  purpose, 
therefore  this  act  is  hereby  declared  to  be  an  emergency 
law,  necessary  for  the  immediate  preservation  of  the  public 
convenience. 

Be  it  enacted,  etc.,  as  follows: 

The  last  sentence  of  section  thirty-one  of  chapter  twenty- 
nine  of  the  General  Laws,  as  most  recently  amended  by 
chapter  five  hundred  and  eight  of  the  acts  of  nineteen  hun- 
dred and  forty-one,  is  hereby  further  amended  by  striking 
out,  in  the  third  and  fourth  lines,  as  appearing  in  section 
two  of  chapter  one  hundred  and  twenty-seven  of  the  acts  of 
nineteen  hundred  and  thirty-two,  the  words  "the  depart- 
ment of  education"  and  inserting  in  place  thereof  the  words: 
—  any  department  of  the  commonwealth,  —  so  as  to  read 
as  follows :  —  Notwithstanding  the  foregoing  provisions  of 
this  section,  the  annual  salary  of  each  teacher  and  each 
supervisor  employed  in  any  school  or  college  within  any  de- 
partment of  the  commonwealth,  whose  regular  service  is 
rendered  from  September  first  to  June  thirtieth,  shall  be  for 
his  service  for  the  number  of  weeks  established  by  the  de- 
partment for  such  school  to  be  in  session  during  said  period, 
payable,  however,  in  equal  instalments  on  the  first  day  of 
each  month,  and  the  amount  earned  and  unpaid  at  the  time 
of  his  resignation,  retirement,  death  or  entry  on  leave  of 
absence  shall  be  paid  forthwith  to  the  persons  entitled 
thereto,  and  advances  of  pay  may  be  made  to  any  state 
officer  or  employee  in  advance  of  his  regular  vacation  to  the 
extent  of  the  equivalent  of  one  half  of  the  pay  to  which  he 
is  about  to  become  entitled  during  such  vacation  period  un- 
der such  regulations  as  the  state  treasurer  may  prescribe. 

Approved  June  29,  1945. 


Emergency 
preamble. 


Chap.54Q  An  Act  extending  the  time  during  which  there  shall 

BE  IMPOSED  A  TEMPORARY  ADDITIONAL  EXCISE  WITH  RE- 
SPECT TO  THE  SALE  OF  ALCOHOLIC  BEVERAGES  AND  AL- 
COHOL. 

Whereas,  The  deferred  operation  of  this  act  would  tend 
to  defeat  its  purpose  by  depriving  the  commonwealth  of 
necessary  revenue,  therefore  it  is  hereby  declared  to  be  an 
emergency  law,  necessary  for  the  immediate  preservation  of 
the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  of  chapter  four  hundred  and  thirty-four  of 
the  acts  of  nineteen  hundred  and  thirty-nine  is  hereby 
amended  by  striking  out  the  introductory  paragraph,  as 


Acts,  1945.  —  Chap.  547.     .  537 

most  recently  amended  bj'  chapter  four  hundred  and  twenty- 
three  of  the  acts  of  nineteen  hundred  and  forty-three,  and 
inserting  in  place  thereof  the  following  paragraph:  —  There 
is  hereby  imposed  an  additional  excise  on  the  sale  of  alco- 
holic beverages  and  of  alcohol  during  the  period  from  Sep- 
tember first,  nineteen  hundred  and  thirtj^-nine,  to  June 
thirtieth,  nineteen  hundred  and  forty-seven,  inclusive,  as 
follows:  Approved  June  29,  1945. 


An  Act  providing  a  permanent  cigarette  tax.         Chap.547 

Whereas,  The  deferred  operation  of  this  act  would  defeat  Emergency 
so  much  of  its  purpose  as  is  to  authorize  the  continued  col-  ^'^^*™ 
lection  of  an  excise  on  the  sale  of  cigarettes,  without  inter- 
ruption, therefore  this  act  is  hereby  declared  to  be  an  emer- 
gency law,  necessary  for  the  immediate  preservation  of  the 
public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  General  Laws  are  hereby  amended  by  o.  l.  (Ter. 
inserting  after  chapter  sixty-four  B  the  following  chapter:  —  dfaptr/64C. 

added. 

Chapter  64C. 
Cigarette  Excise. 
Section  1.  Whenever  used  in  this  chapter  unless  the  Definitions. 
context  shall  otherwise  require,  the  following  words  or  terms 
shall  have  the  following  meanings: — "person",  any  indi- 
vidual, firm,  fiduciary,  partnership,  corporation,  trust  or 
association,  however  fonned,  club,  trustee,  agency  or  re- 
ceiver; "manufacturer",  any  person  who  manufactures  or 
produces  cigarettes,  whether  within  or  without  the  com- 
monwealth; "wholesaler",  any  person  who  purchases  di- 
rectly from  the  manufacturer  at  least  seventy-five  per  cent 
of  all  cigarettes  purchased  by  him  and  who  sells  at  least 
seventy-five  per  cent  of  all  cigarettes  purchased  by  him  to 
others  for  resale,  and  any  other  person  who  purchases  from 
a  manufacturer  or  person  so  purchasing  and  selling  and 
licensed  as  a  wholesaler,  provided  such  other  person  main- 
tains an  established  place  of  business  where  substantially 
all  of  the  business  is  the  sale  of  cigarettes  and  related  mer- 
chandise at  wholesale  to  persons  licensed  under  this  chapter 
and  where  at  all  times  a  substantial  stock  of  cigarettes  and 
related  merchandise  is  available  to  all  retailers  for  resale; 
and  any  chain  of  stores  retailing  cigarettes  to  the  consumer, 
provided  seventy-five  per  cent  of  its  purchases  are  made 
direct  from  the  manufacturer;  "vending  machine  operator", 
any  person  other  than  a  manufacturer  or  a  wholesaler  who 
operates  one  or  more  vending  machines  for  the  sale  of  ciga- 
rettes at  retail  and  who  purchases  his  cigarettes  from  a  manu- 
facturer or  licensed  wholesaler;  "unclassified  acquirer", 
any  person,  other  than  a  transportation  company  or  other 
than  a  purchaser  at  retail  from  a  licensed  retailer,  who 


538 


Acts,  1945. —  Chap.  547. 


License  to 
sell  cigarettes 
in  common- 
wealth. 


License  feea. 


imports  or  acquires  cigarettes  from  any  one  other  than 
a  Hcensed  manufacturer,  a  licensed  wholesaler  or  a  licensed 
vending  machine  operator;  "transportation  company",  any 
person  operating,  or  supplying  to  a  common  carrier,  cars, 
boats  or  other  vehicles  for  the  transportation  or  accommo- 
dation of  passengers  and  engaged  in  the  sale  of  cigarettes 
at  retail;  "retailer",  any  person,  other  than  a  transporta- 
tion company,  who  operates  a  store  or  concession  for  the 
purpose  of  making  sales  of  cigarettes  at  retail,  and  any 
person  selling  cigarettes  through  vending  machines;  "li- 
censed", licensed  under  this  chapter.  Whenever  used  in 
this  chapter,  unless  the  context  shall  otherwise  require,  the 
words  "sales"  or  "sale"  in  addition  to  their  ordinary  mean- 
ing shall  include  or  apply  to  use,  gifts,  exchanges  and  barter, 
and  the  term  "place  of  business"  shall  mean  and  include 
any  place  where  cigarettes  are  sold  or  where  cigarettes  are 
brought  or  kept  for  the  purpose  of  sale  or  consumption, 
including  so  far  as  applicable  any  vessel,  vehicle,  airplane, 
train  or  cigarette  vending  machine. 

Section  2.  No  person  shall  sell  cigarettes  or  act  as  manu- 
facturer, wholesaler,  vending  machine  operator,  unclassified 
acquirer,  transportation  company  or  retailer,  in  the  com- 
monwealth, unless  licensed  so  to  do  as  herein  provided. 
The  commissioner,  upon  proper  application  and  the  pay- 
ment of  the  applicable  fee  herein  provided,  may  issue  a 
license  to  each  manufacturer,  wholesaler,  vending  machine- 
operator,  unclassified  acquirer,  transportation  company  or 
retailer;  provided,  that,  in  the  case  of  each  licensee  other 
than  a  transportation  company,  each  place  of  business  shall 
be  separately  licensed.  If  a  manufacturer,  wholesaler,  vend- 
ing machine  operator  or  unclassified  acquirer  acts  in  more 
than  one  of  said  capacities  at  any  one  place  of  business 
he  shall  procure  a  license  for  each  capacity  in  which  he 
acts.  Every  machine  operated  or  maintained  for  the  pur- 
pose of  vending  cigarettes  shall  for  the  purposes  of  this 
chapter  be  deemed  to  constitute  a  place  of  retail  business, 
and  no  person  shall  maintain  or  cause  to  be  operated  such  a 
machine  without  procuring  a  retailer's  license.  Each  li- 
cense so  issued  or  a  duplicate  copy  thereof  shall  be  promi- 
nently displayed  on  the  premises  covered  by  the  license  and 
in  the  case  of  vending  machines  there  shall  be  attached  to 
the  same  a  disc  or  marker  to  be  furnished  by  the  commis- 
sioner showing  it  to  have  been  licensed.  The  commissioner 
shall  prescribe  the  forms  of  application  for  a  license  under 
this  chapter  and  may  require  therein  such  information  as 
he  deems  necessary  in  connection  with  the  proper  adminis- 
tration of  this  chapter.  The  fees  for  licenses  shall  be  as 
follows :  —  a  manufacturer's  license,  a  sum  determined  by 
the  commissioner,  but  not  to  exceed  twenty-five  dollars;  a 
wholesaler's  license,  one  hundred  dollars;  a  vending  ma- 
chine operator's  license,  one  hundred  dollars ;  an  unclassified 
acquirer's  license,  a  sum  determined  by  the  commissioner, 
but  not  to  exceed  one  hundred  and  fifty  dollars;    a  trans- 


Acts,  1945. —  Chap.  547.  539 

portation   company's  license,   five  dollars;    a  retailer's  li- 
cense, one  dollar;  except  that  in  the  case  of  a  manufacturer, 
wholesaler   or   vending   machine    operator    who   maintains 
more  than  one  place  of  business  the  fee  for  each  additional 
place  of  business  shall  be  one  half  of  the  fee  prescribed 
above.    The  licensing  of  the  operation  of  cigarette  vending  License  to 
machines  is  retained  exclusively  by  the  commonwealth  and  ?fue^veS1ng 
no  city,  town  or  other  political  subdivision  of  the  common-  machines 
wealth  may  license  such  operation.    No  fee,  nor  any  part  of  exclusively 
any  fee,   shall   be  refunded   by  reason   of  relinquishment,  m^ontfeakh. 
suspension  or  revocation  of  the  license,  or,  except  under 
decree  of  a  court  of  competent  jurisdiction,  for  any  other 
reason  or  cause. 

Section  3.  Each  Ucense  issued  under  section  two  shall  ex-  Expiration, 
pire  on  the  thirtieth  day  of  June  next  succeeding  the  date  of  onf^nsel*^' 
issuance,  unless  sooner  revoked  by  the  commissioner  as  pro- 
vided in  section  four  or  unless  the  business  with  respect  to 
which  such  license  was  issued  shall  change  ownership,  or  un- 
less the  holder  of  the  license  shall  remove  his  business  from 
the  premises  covered  by  the  license,  in  any  of  which  cases 
the  holder  of  the  license  shall  immediately  return  it  to  the 
commissioner.  In  the  event  that  the  holder  of  the  license 
removes  his  business  to  another  location  within  the  common- 
wealth, the  license  with  respect  to  the  former  place  of  busi- 
ness shall,  without  the  payment  of  an  additional  fee,  be  re- 
issued for  the  new  location  for  the  balance  of  the  unexpired 
term.  The  holder  of  each  license,  on  application  to  the  com- 
missioner accompanied  by  the  applicable  fee  prescribed  in 
section  two,  may  before  the  expiration  date  of  the  license 
then  held  by  him  renew  his  license  for  a  further  period  of  one 
year. 

Section  4-    The  commissioner  may  suspend  or  revoke  any  suspension 
license  issued  under  this  chapter  for  failure  of  the  Hcensee  to  °f  hcIdsm!"" 
comply  with  any  provision  of  said  chapter,  or  if  the  licensee 
has  ceased  to  act  in  the  capacity  for  which  the  license  was 
issued,  or  for  other  good  cause,  and  no  person  whose  license 
has  been  suspended  or  revoked  shall  sell  cigarettes  or  per- 
mit cigarettes  to  be  sold  during  the  period  of  such  suspen- 
sion or  revocation  through  vending  machines  or  otherwise  on 
the  premises  occupied  by  him,  whether  owned  by  himself  or 
others.     Any  person  aggrieved  by  such  suspension  or  revo-  Appeal. 
cation  may  apply  to  the  commissioner  for  a  hearing  as  pro- 
vided in  section  twenty-two  and  may  further  appeal  to  the 
appellate  tax  board  as  provided  in  section  twenty-four. 

Section  5.  Every  manufacturer,  wholesaler,  vending  ma-  Records, 
chine  operator,  transportation  company  and  unclassified  ac- 
quirer shall  keep  a  complete  and  accurate  record  of  all  ciga- 
rettes manufactured,  purchased  or  otherwise  acquired.  Such 
records  except  in  the  case  of  a  manufacturer  shall  include  a 
written  statement  containing  the  name  and  address  of  both 
the  seller  and  the  purchaser,  the  date  of  delivery,  the  quan- 
tity of  cigarettes,  the  trade  name  or  brand  thereof  and  the 
price  paid  for  each  brand  of  cigarettes  purchased.    Such  other 


540 


Acts,  1945.  ~  Chap.  547. 


Certain  aids 
to  induce 
sales  or 
purchaaes 
prohibited. 


Cigarettes 
shipped  out- 
side the  com- 
monwealth. 


records  shall  be  kept  by  the  foregoing  persons  as  the  com- 
missioner shall  reasonably  prescribe.  Every  manufacturer 
and  every  wholesaler  shall  dehver  with  each  sale  or  con- 
signment of  cigarettes  a  written  statement  containing  the 
name  or  trade  name  and  address  of  both  the  seller  and  the 
purchaser,  the  date  of  delivery,  the  quantity  of  cigarettes, 
the  trade  name  or  brand  thereof,  correctly  itemizing  the 
prices  paid  for  each  brand  of  cigarettes  purchased,  and  shall 
retain  a  duplicate  of  each  such  statement.  Every  vending 
machine  operator  shall  keep  a  detailed  record  of  each  vend- 
ing machine  owned  for  the  sale  of  cigarettes  showing  the 
location  of  the  machine,  the  date  of  placing  the  machine  on 
the  location,  the  quantity  of  each  brand  of  cigarettes  placed 
in  the  machine,  the  date  when  placed  therein  and  the  amount 
of  the  commission  paid  or  earned  on  sales  through  such  vend- 
ing machine.  He  shall,  whenever  he  fills  or  refills  the  vend- 
ing machine,  deliver  to  the  owner  or  tenant  occupying  the 
premises  where  the  machine  is  located  a  written  statement 
containing  his  own  name  and  address,  the  name  and  address 
of  the  owner  or  the  tenant,  the  date  when  the  machine  was 
filled  and  the  quantity  of  each  brand  of  cigarettes  sold  from 
the  machine  since  the  date  when  cigarettes  were  last  pre- 
viously placed  in  the  machine.  No  licensee  under  this  chap- 
ter shall  issue  or  accept  any  written  statement  which  is  known 
to  him  to  contain  any  statement  which  falsely  indicates  the 
name  of  the  customer,  the  type  of  merchandise,  the  prices, 
the  discounts,  or  the  terms  of  sale;  nor  shall  there  be  in- 
serted in  any  invoice  given  or  accepted  bj'-  any  licensee  any 
statement  which  makes  the  invoice  a  false  record,  wholly  or 
in  part,  of  the  transaction  represented  therein;  nor  shall 
there  be  withheld  from  any  invoice  given  or  accepted  by 
any  licensee  any  statements  which  properly  should  be  in- 
cluded therein,  so  that  in  the  absence  of  such  statements 
the  invoice  does  not  truly  reflect  the  transaction  involved. 
The  use  of  any  device  or  game  of  chance  to  aid,  promote  or 
induce  sales  or  purchases  of  cigarettes  or  the  giving  of  any 
cigarettes  in  connection  with  any  device  or  game  of  chance 
is  prohibited.  All  statements  and  other  records  required  by 
this  section  shall  be  in  such  form  as  the  commissioner  shall 
prescribe  and  shall  be  preserved  for  a  period  of  three  years 
and  shall  be  offered  for  inspection  at  any  time  upon  oral  or 
written  demand  by  the  commissioner  or  his  authorized  agent. 
Whenever  cigarettes  are  received  or  acquired  within  the  com- 
monwealth by  a  wholesaler,  vending  machine  operator,  un- 
classified acquirer  or  retailer,  each  shipping  case  or  other  con- 
tainer of  such  cigarettes  shall  bear  the  name  and  address  of 
the  person  making  the  first  purchase  or  such  other  markings 
as  the  commissioner  may  prescribe.  Whenever  cigarettes  are 
shipped  outside  the  commonwealth  every  licensee  under  sec- 
tion two  so  shipping  them  shall  cause  to  be  placed  on  every 
shipping  case  or  other  container  in  which  the  cigarettes  are 
shipped,  the  name  and  address  of  the  consignee  to  whom  the 
shipment  is  made  outside  of  the  commonwealth. 


Acts,  1945.  —  Chap.  547.  541 

Section  6.  Every  licensee  under  section  two,  other  than  Returns  eied 
an  unclassified  acquirer  or  a  retailer,  shall,  on  or  before  the  m^gaio"^" 
twentieth  day  of  each  calendar  month,  file  with  the  com- 
missioner, on  a  form  prescribed  b}^  him,  a  return  under  the 
penalties  of  perjuiy  for  each  place  of  business  maintained, 
stating  the  number  of  cigarettes  sold  by  such  licensee  in  the 
commonwealth  during  the  preceding  calendar  month  and 
such  return  shall  contain  or  be  accompanied  by  such  further 
information  as  the  connnissioner  shall  require;  provided, 
that  if  a  licensee  ceases  to  sell  cigarettes  within  the  common- 
wealth he  shall  forthwith  file  with  the  commissioner  such 
a  return  for  the  period  ending  with  such  cessation.  Such 
licensee  shall,  at  the  time  of  fifing  such  return,  pay  to  the 
commissioner  an  excise  equal  to  one  and  one  half  mills  for 
each  cigarette  so  sold  during  the  calendar  month  covered 
by  the  return;  provided,  that  cigarettes  with  respect  to 
which  the  excise  under  this  chapter  has  once  been  imposed 
and  has  not  been  refunded  if  paid,  shall  not  be  subject 
upon  a  subsequent  sale  to  the  excise  imposed  by  this  chap- 
ter. Each  unclassified  acquirer  shall,  upon  importation 
or  acquisition  of  cigarettes  into  or  within  the  common- 
wealth, file  with  the  commissioner  a  return  under  penalties 
of  perjury,  on  a  form  to  be  furnished  by  the  commissioner, 
stating  the  number  of  cigarettes  imported  or  acquired  and 
such  other  information  as  the  commissioner  shall  require, 
and  shall,  at  the  time  of  filing  such  return,  pay  to  the  com- 
missioner an  excise  equal  to  one  and  one  half  mills  for  each 
cigarette  so  imported  or  acquired  and  held  for  sale  or  con- 
sumption, and  cigarettes  with  respect  to  which  such  excise 
has  been  imposed  and  has  not  been  refunded  if  paid,  shall 
not  be  subject,  when  subsequently  sold,  to  any  further  ex- 
cise under  this  chapter.  An  abatement  or  refund  of  the 
excise  provided  by  this  chapter  may  be  made  by  the  com- 
missioner for  such  causes  as  the  commissioner  may  deem  ex- 
pedient. The  commissioner  shall  certify  said  amount  to  the 
comptroller  and  the  state  treasurer  shall  pay  said  amount 
without  any  appropriation  therefor  by  the  general  court, 
out  of  the  proceeds  of  such  excise.  The  commissioner  may, 
in  his  discretion,  require  reports  from  any  common  carrier 
who  transports  cigarettes  to  any  point  or  points  within  the 
commonwealth  and  from  any  other  person  who,  under  con- 
tract, so  transports  cigarettes,  and  from  any  bonded  ware- 
houseman or  bailee  who  has  in  his  possession  any  cigarettes, 
such  reports  to  contain  such  information  concerning  ship- 
ments of  cigarettes  as  the  commissioner  shall  determine. 
All  such  carriers,  bailees,  warehousemen  and  other  persons  Examination 
shall  permit  the  examination  by  the  commissioner  or  his  of  records 
duly  authorized  agent  of  any  records  relating  to  the  ship-  agents*^or 
ment  of  cigarettes  into  or  from,  or  the  receipt  thereof  within,  j^fsslXr 
the  commonwealth. 

Section  7.    If  any  person  required  to  file  a  return  with  the  Penalty  for 
commissioner  under  section  six,  having  failed  to  file  a  return,  ^^{^^^  *° 
or  having  filed  an  incorrect  or  insufficient  return,  fails  to  file  reti^n'!'^^"  . 


542 


Acts,  1945. —  Chap.  547. 


Appeal. 


Arrest  and 
seizure  by 
certain  officers 
for  illegal 
transport- 
ing, etc. 


within  ten  days  after  mailing  or  delivery  of  written  notice 
to  him  by  the  commissioner  of  his  delinquency  a  correct  and 
sufficient  return  and  to  pay  the  amount  shown  to  be  due 
with  interest  at  six  per  cent  from  the  date  when  the  excise 
was  due  under  section  six,  the  commissioner  may  determine 
the  amount  of  excise  due  under  this  chapter  according  to 
his  best  information  and  belief  and  assess  the  same  at  not 
more  than  double  the  amount  so  determined.  Such  licensee 
may  appeal  to  the  appellate  tax  board  from  the  determina- 
tion of  the  commissioner  within  ten  days  after  mailhig  or 
delivery  of  written  notice  of  the  assessment  thereof,  and, 
the  decision  of  such  board  shall  be  final.  The  commissioner, 
or,  in  case  of  appeal,  the  appellate  tax  board,  having  made 
such  determination,  shall  give  notice  in  writing  to  the  de- 
linquent hcensee  of  the  amount  determined  to  be  due  and 
the  licensee  shall,  forthwith  after  the  mailing  or  delivery  of 
such  notice,  pay  to  the  commissioner  the  amount  so  deter- 
mined with  interest  at  six  per  cent  from  the  twentieth  day 
of  the  month  in  which  the  return  is  required  to  be  made 
pursuant  to  section  six.  Any  person  required  to  file  a  re- 
turn with  the  commissioner  under  section  six,  who  fails  to 
file  a  return  or  a  corrected  return  as  required  by  this  section, 
or  who  fails  to  make  a  report  required  by  section  eleven  for 
a  period  of  ten  days  after  written  notice  by  the  commissioner 
so  to  do  shall  forfeit  to  the  commonwealth  and  pay  to  the 
commissioner  on  demand  the  sum  of  five  dollars  for  each  day 
of  delay.  The  commissioner  may  for  cause  remit  the  whole 
or  part  of  the  amount  so  forfeited. 

Section  8.    A  deputy  sheriff,  chief  of  police,  deputy  chief 
of  police,  city  marshal,  deputy  or  assistant  marshal,  police 
officer,  including  a  state  police  officer  or  a  special  police 
officer  appointed  under  section  twent3''-six,  or  constable,  or, 
in  the  county  of  Dukes  or  Nantucket,  the  sheriff  anywhere 
within  his  county,  may  without  a  warrant  arrest  any  person 
whom  he  finds  in  the  act  of  illegally  transporting,  delivering 
or  possessing  cigarettes,  which  have  not  been  returned  and 
are  not  returnable  under  section  six,  by  a  licensee  under 
section  two,  and  seize  the  said  cigarettes,  the  vending  ma- 
chines, receptacles,  boxes  or  cartons  in  which  the  same  are 
contained,  hereinafter  called  the  container  or  containers,  in 
the  possession  of  such  person,  any  vehicle  used  in  the  illegal 
transportation  of  cigarettes  and  any  records  relating  to  the 
purchase  and  sale  of  cigarettes,  and  detain  them  until  a 
warrant  for  the  arrest  of  such  person,  and  a  warrant  for  the 
seizure  of  said  cigarettes,  vehicle,  the  container  or  con- 
tainers and  the  records,  can  be  procured.     Such  cigarettes, 
vehicle,  the  container  or  containers  and  the  records  shall  be 
forfeited  to  the  commonwealth  and  proceedings  shall  be 
had  as  provided  hereinafter  and  in  sections  fifty  to  fifty-five, 
inclusive,  of  chapter  one  hundred  and  thirty-eight  in  the 
case  of  alcoholic  beverages.     Such  officers  shall  enforce  or 
cause  to  be  enforced  the  penalties  provided  by  law  against 
every  person  who  is  guilty  of  a  violation  of  any  law  relative 


Acts,  1945.  —  Chap.  547.  543 

to  the  possession  of  such  cigarettes,  vehicle  and  container 
or  containers  of  which  they  can  obtain  reasonable  proof. 

If  the  commissioner,  his  authorized  agents,  or  other  police  search 
officers  shall  make  complaint  to  a  district  court  or  trial  warrant, 
justice,  or  to  a  justice  of  the  peace  authorized  to  issue  war- 
rants in  criminal  cases,  that  he  has  reason  to  beheve  and 
does  believe  that  cigarettes,  which  have  not  been  returned 
and  are  not  returnable  under  section  six,  by  a  licensee  under 
section  two,  and  which  are  described  i#the  complaint,  are 
kept  or  deposited  by  a  person  named  therein  in  a  store, 
shop,  warehouse,  building,  vehicle,  steamboat,  vessel  or 
place,  such  court  or  justice,  if  it  appears  that  there  is  proba- 
ble cause  to  believe  said  complaint  to  be  true,  shall  issue  a 
search  warrant  to  an  officer  qualified  to  serve  criminal 
process,  commanding  him  to  search  the  premises  in  which 
it  is  alleged  that  such  cigarettes  are  kept  or  deposited,  and 
to  seize  such  cigarettes  and  vehicle,  and  the  container  or 
containers,  and  securely  keep  such  cigarettes,  vehicle,  con- 
tainer or  containers  and  the  records  until  final  action  thereon, 
and  to  return  the  warrant  with  his  doings  thereon,  as  soon 
as  may  be,  to  a  district  court  or  trial  justice  having  juris- 
diction in  the  place  in  which  such  cigarettes,  vehicle,  con- 
tainer or  containers  and  the  records  are  alleged  to  be  kept 
or  deposited. 

The  complaint  shaU  particularly  designate  the  building, 
structure  or  other  place  to  be  searched,  the  cigarettes, 
vehicle,  container  or  containers  and  the  records  to  be  seized, 
the  person  by  whom  they  are  owned,  kept  or  possessed  and 
shall  allege  that  such  cigarettes  'are  illegally  kept  or  pos- 
sessed. The  warrant  shall  allege  that  probable  cause  has 
been  shown  for  the  issuing  thereof;  and  the  place  to  be 
searched,  the  cigarettes,  vehicle,  container  or  containers 
and  the  records  to  be  seized,  and  the  person  believed  to  be 
the  owner,  possessor  or  keeper  of  such  cigarettes,  vehicle, 
container  or  containers  and  the  records,  shall  be  designated 
therein  with  the  same  particularity  as  in  the  complaint  and 
the  complainant  shall  be  summoned  to  appear  as  a  witness. 

The  officer  to  whom  the  warrant  is  committed  shall  search 
the  premises  and  seize  the  cigarettes,  vehicle,  container  or 
containers  and  the  records  described  in  the  warrant,  if  they 
are  found  in  or  upon  said  premises,  and  shall  convey  the 
same  to  some  other  place  of  security,  where  he  shall  keep 
the  cigarettes,  vehicle,  container  or  containers  and  the 
records  until  final  action  is  had  thereon. 

The  court  or  trial  justice  before  whom  the  warrant  is 
returned  shall,  within  forty-eight  hours  after  the  seizure 
thereunder  of  the  cigarettes,  vehicle,  container  or  containers, 
and  the  records,  issue  a  notice,  under  seal,  and  signed  by 
the  justice  or  the  clerk  of  said  court,  or  by  the  trial  justice, 
commanding  the  person  complained  against  as  the  keeper 
of  the  cigarettes,  vehicle,  container  or  containers  and  the 
records  seized  and  all  other  persons  who  claim  any  interest 
therein  to  appear  before  said  court  or  trial  justice,  at  a  time 


544 


Acts,  1945. —  Chap.  547. 


Notice. 


Hearing. 


Forfeiture 
to  the  com- 
monwealth. 


Return  to 
person  under 
certain 
conditions. 


Judgment 
and  execu- 
tion in  cer- 
tain cases. 


and  place  therein  named,  to  answer  to  said  complaint  and 
show  cause  why  such  cigarettes,  vehicle,  container  or  con- 
tainers and  the  records  should  not  be  forfeited. 

The  notice  shall  contain  a  description  of  the  number  and 
kind  of  container  or  containers,  the  quantity  and  kind  of 
cigarettes,  the  vehicle  and  the  records  seized,  as  nearly  as 
may  be,  and  shall  state  when  and  where  they  were  seized. 
It  shall,  not  less  than  fourteen  days  before  the  time  ap- 
pointed for  the  tri^^  be  served  by  a  sheriff,  deputy  sheriff, 
constable  or  police  officer  upon  the  person  charged  with 
being  the  keeper  thereof  by  leaving  an  attested  copy  thereof 
with  him  personally  or  at  his  usual  place  of  abode,  if  he  is 
an  inhabitant  of  the  commonwealth,  and  by  posting  an 
attested  copy  on  the  building  in  which  the  cigarettes,  vehi- 
cle, container  or  containers  and  the  records  were  seized,  if 
they  were  found  in  a  building;  otherwise  in  a  public  place 
in  the  city  or  town  in  which  they  were  seized. 

At  the  time  and  place  designated  in  the  notice,  the  person 
complained  against,  or  any  person  claiming  an  interest  in  the 
cigarettes,  vehicle,  container  or  containers  and  the  records 
seized,  or  any  part  thereof,  may  appear  and  make  his  claim 
orally  or  in  writing,  and  a  record  of  his  appearance  and 
claim  shall  be  made,  and  he  shall  be  admitted  as  a  party 
to  the  trial.  Whether  or  not  a  claim  as  aforesaid  is  made, 
the  court  or  trial  justice  shall  proceed  to  try,  hear  and  de- 
termine the  allegations  of  such  complaint,  and  whether  said 
cigarettes,  vehicle  and  container  or  containers,  records  or 
any  part  thereof,  are  forfeited.  If  it  appears-  that  the 
cigarettes,  vehicle,  container  or  containers  and  the  records 
or  any  part  thereof,  were  at  the  time  of  making  the  com- 
plaint owned  or  kept  by  the  person  alleged  therein  in  viola- 
tion of  law,  the  court  or  trial  justice  shall  render  judgment 
that  such  and  so  much  of  the  cigarettes  so  seized  as  were  so 
unlawfully  kept,  and  the  vehicle,  container  or  containers 
and  the  records,  shall,  except  as  hereinafter  provided,  be 
forfeited  to  the  commonwealth. 

If  it  is  not  proved  on  the  trial  that  all  or  part  of  the  ciga- 
rettes seized  were  kept  contrary  to  law,  the  court  or  trial 
justice  shall  issue  a  written  order  to  the  officer  having  the 
same  in  custody  to  return  so  many  thereof  as  were  not 
proved  to  be  so  kept  or  deposited,  the  container  or  con- 
tainers in  which  such  cigarettes  were  contained,  and  the 
vehicle  and  the  records  seized,  to  the  place  as  nearly  as  may 
be  from  which  they  were  taken,  or  to  deliver  them  to  the 
person  entitled  to  receive  them.  After  executing  such  order, 
the  officer  shall  return  it  to  the  court  or  trial  justice  with  his 
doings  endorsed  thereon. 

If  no  person  appears  and  is  admitted  as  a  party  as  afore- 
said, or  if  judgment  is  rendered  in  favor  of  all  the  claimants 
who  appear,  the  cost  of  the  proceedings  shall  be  paid  as  in 
other  criminal  cases.  If  only  one  party  appearing  fails  to 
sustain  his  claim,  he  shall  pay  all  the  costs  except  the  ex- 
pense of  seizing  and  keeping  the  cigarettes,  the  container 


Acts,  1945.  —  Chap.  547.  545 

or  containers,  vehicle,  and  the  records,  and  an  execution 
shall  be  issued  against  him  therefor.  If  judgment  is  rendered 
against  two  or  more  claimants  of  distinct  interests  in  the 
cigarettes,  container  or  containers,  vehicle,  or  records,  the 
costs  shall,  according  to  the  discretion  of  the  court  or  trial 
justice,  be  apportioned  among  such  parties,  and  executions 
shall  be  issued  against  them  severally.  If  any  such  execu- 
tion is  not  forthwith  paid,  the  defendant  therein  named 
shall  be  committed  to  jail,  and  shall  not  be  discharged 
therefrom  until  he  has  paid  the  same  and  the  costs  of  com- 
mitment, or  until  he  has  been  imprisoned  thirty  days. 

A  claimant  whose  claim  is  not  allowed  as  aforesaid,  and  Appeal, 
the  person  complained  against,  shall  each  have  the  same 
right  of  appeal  to  the  superior  court  as  if  he  had  been  con- 
victed of  crime;  but  before  his  appeal  is  allowed  he  shall 
recognize  to  the  commonwealth  in  the  sum  of  two  hundred 
dollars,  with  sufficient  surety  or  sureties,  to  prosecute  his 
appeal  to  the  superior  court  and  to  abide  the  sentence  of 
the  court  thereon.  Upon  such  appeal,  any  question  of  fact 
shall  be  tried  by  a  jury.  On  the  judgment  of  the  court  after 
verdict,  whether  a  forfeiture  of  the  whole  or  any  part  of 
the  cigarettes,  container  or  containers,  vehicle,  and  the 
records  seized,  or  otherwise,  similar  proceedings  shall  be 
had  as  are  directed  in  sections  fifty  to  fifty-five,  inclusive, 
of  chapter  one  hundred  and  thirty-eight. 

Section  9.     Sums  due  to  the  commonwealth  under  this  Commis- 
chapter  may  be  recovered  by  the  attorney  general  in  an  fo°conlct°'*^^'^ 
action   brought   in  the   name   of  the   commissioner.     The  ^"™^  '^"®- 
commissioner  shall   have  the   same   powers  and  remedies 
with  respect  to  the  collection  of  said  sums  as  he  has  with 
respect  to  the  collection  of  income  taxes  under  chapter 
sixty-two.    Sums  overdue  shall  bear  interest  at  the  rate  of 
six  per  cent  per  annum  from  the  date  when  due  to  the  date 
of   payment.     The   commissioner   may  require   a  licensee  Surety  bond 
under  section  two  to  furnish  a  surety  company  bond  with  ^q^red. 
a  surety  company  authorized  to  do  business  in  the  common- 
wealth as  surety,  in  such  amount  as  he  may  fix,  conditioned 
upon  the  payment  of  the  excise  provided  by  this  chapter. 

Section  10.    No  person  shall  have  in  his  possession  a  ma-  vending 
chine  for  vending  cigarettes  for  a  period  in  excess  of  seventy-  disci'oT 
two  hours  unless  there  shall  be  attached  to  the  same  a  disc  ™^''^®''5 
or  marker  as  provided  by  section  two;   provided,  that  this  "^^"""^^  ' 
provision  shall  not  apply  to  any  such  machine  while  not  con- 
taining cigarettes  and  in  the  possession  of  a  manufacturer 
of,  or  dealer  in,  such  machines  or  a  licensed  vending  machine 
operator.    If  any  person  has  in  his  possession  a  vending  ma- 
chine, containing  cigarettes,  not  properly  licensed,  the  com- 
missioner may  cause  such  vending  machine  to  be  sealed  until 
properly  licensed  and  such  person  shall  be  subject  to  the 
same  penalty  as  a  retailer  selling  cigarettes  without  being 
licensed  so  to  do.    Any  person  who  shall  sell,  offer  for  sale 
or  possess  with  intent  to  sell  any  cigarettes,  or  otherwise  act 
as  a  manufacturer,  wholesaler,  vending  machine  operator. 


546  Acts,  1945.  —  Chap.  547. 

transportation  company  or  retailer,  without  being  licensed 
so  to  do  under  section  two,  shall,  in  addition  to  any  other 
penalty  provided  by  this  chapter,  be  punished  by  a  fine  of 
Penalty.  not  more  than  fifty  dollars.     Any  person  who  shall  act  as 

an  unclassified  acquirer  without  being  licensed  as  provided 
by  section  two  shall  be  punished  by  a  fine  of  not  less  than 
five  hundred  nor  more  than  one  thousand  dollars  or  by  im- 
prisonment for  not  more  than  one  year,  or  both.    Any  person 
who  shall  knowingly  purchase  or  possess  any  cigarettes  not 
manufactured,  purchased  or  imported  by  a  licensed  manu- 
facturer, hcensed  wholesaler,  licensed  vending  machine  op- 
erator, licensed  unclassified  acquirer  or  hcensed  transporta- 
tion company,  shall  be  punished  by  a  fine  of  not  less  than 
fifty  nor  more  than  one  thousand  dollars.    Any  person  who 
shall  knowingly  have  in  his  possession  a  shipping  case  or 
other  container  of  cigarettes,  containing  cigarettes  and  not 
bearing  the  name  and  address  of  the  person  receiving  the 
cigarettes  from  a  manufacturer  or  such  other  markings  as 
the  commissioner  may  prescribe,  and  any  person  knowingly 
being  in  possession   within  the  commonwealth   of  such  a 
shipping  case  or  other  container  of  cigarettes  from  which 
such  name  and  address  has  been  erased  or  defaced,  shall  be 
punished  by  a  fine  of  not  less  than  twenty-five  nor  more 
than  one  hundred  dollars.    No  person,  either  as  principal  or 
agent,  shall  sell  or  solicit  orders  for  cigarettes  to  be  shipped, 
mailed  or  otherwise  sent  or  brought  into  the  commonwealth 
to  any  person  not  a  licensed  manufacturer,  licensed  whole- 
saler, licensed  vending  machine  operator,  hcensed  unclassi- 
fied acquirer  or  licensed  transportation  company,  unless  the 
same  is  to  be  sold  to  or  through  a  licensed  wholesaler.    Any 
person  who  shall  sell  a  cigarette  to  a  person  under  eighteen 
or,  not  being  his  parent  or  guardian,  give  a  cigarette  or  snuff 
or  tobacco  in  any  form  to  any  person  under  eighteen,  shall 
be  punished  by  a  fine  of  not  more  than  fifty  dollars.    Any 
operator  of  a  vending  machine  for  the  sale  of  cigarettes  or 
tobacco  and  any  owner  or  tenant  of  a  location  where  a  vend- 
ing machine  is  located  who  shall  permit  any  person  under 
eighteen  to  use  such  machines,  shall  be  punished  by  a  fine 
of  not  more  than  fifty  dollars.    Each  vending  machine  con- 
taining cigarettes  or  tobacco  shall  have  attached  on  the  front 
of  it  a  notice  to  be  furnished  by  the  commissioner  reading 
"Persons  under  eighteen  are  prohibited  from  using  this  ma- 
chine", and  any  person  owning  or  operating  a  vending  ma- 
chine who  fails  to  display  such  a  notice  shall  be  punished 
by  a  fine  of  not  more  than  fifty  dollars.    Each  violation  of 
this  chapter  shall  be  deemed  to  constitute  a  separate  offense. 
Any  person  who  files  any  false  return,  affidavit,  or  state- 
ment, or  who  violates  any  provision  of  this  chapter  for  which 
no  other  penalty  has  been  provided,  shall  be  punished  by  a 
fine  of  not  more  than  one  thousand  dollars  or  by  imprison- 
ment for  not  more  than  one  year,  or  both.    The  state  police 
and  all  local  pohce  authorities  shall  have  the  authority  to 
enforce,  and  shall,  at  the  request  of  the  commissioner  or 


Acts,  1945.  — Chap.  547.  547 

his  duly  authorized  agent,  enforce,  the  provisions  of  this 
section. 

Section  11.  Each  retailer  shall  keep  within  the  common-  Records, 
wealth  complete  and  accurate  records  of  all  cigarettes  pur- 
chased or  otherwise  acquired.  Such  records  shall  consist  of 
written  statements  to  be  deUvered  by  each  wholesaler  as 
provided  by  section  five.  Every  owner  of,  or  tenant  occu- 
pying, premises  where  a  vending  machine  is  located  shall 
keep  a  record  of  all  cigarettes  sold  through  the  vending  ma- 
chine so  located  on  his  premises  and  the  amount  of  commis- 
sion paid  by  the  person  operating  the  cigarette  vending 
machine.  Such  records  shall  consist  of  written  statements 
to  be  given  by  each  person  operating  vending  machines  for 
the  sale  of  cigarettes  as  provided  by  section  five.  Such  rec- 
ords shall  be  safely  preserved  for  a  period  of  three  years  in 
such  a  manner  as  to  insure  permanency  and  accessibility  for 
inspection  by  the  commissioner  or  his  authorized  representa- 
tive. The  commissioner  may  require  any  retailer  or  any 
owner  or  tenant  occupying  premises  where  a  vending  ma- 
chine for  the  sale  of  cigarettes  has  been  installed  to  make 
reports  as  often  as  the  commissioner  deems  necessary  to  en- 
able him  to  determine  whether  the  excise  imposed  by  this 
chapter  has  been  fully  paid.  The  commissioner  and  his  au- 
thorized representatives  may  examine  the  books,  papers  and 
records  of  any  retailer  in  the  commonwealth,  for  the  purpose 
of  determining  whether  the  excise  imposed  by  this  chapter 
has  been  fully  paid,  and  may  investigate,  examine  and  search 
any  premises  where  cigarettes  are  possessed,  stored  or  sold 
for  the  purpose  of  determining  whether  the  provisions  of 
this  chapter  are  being  obe3^ed. 

Section  12.    No  person  shall  be  permitted  to  sell  cigarettes  saie  of  ciga- 
as  "loss-leaders"  with  intent  to  injure  competitors  or  to  ^fc^^i^ders" 
destroy  competition,  and  the  commissioner  shall  enforce  sec-  prohibited 
tions  thirteen  to  twenty-one,  inclusive,  in  order  to  prohibit  tain  conditions, 
such  sales  and  stabilize  and  increase  collections  under  this 
chapter. 

Section  13.  (a)  The  term  "cost  to  the  retailer"  shall  Definitions, 
mean  the  invoice  cost  of  the  cigarettes  to  the  retailer,  or  the 
replacement  cost  of  the  cigarettes  to  the  retailer  within 
thirty  days  prior  to  the  date  of  sale,  in  the  quantity  last 
purchased,  whichever  is  lower,  less  all  trade  discounts  except 
customary  discounts  for  cash;  to  which  shall  be  added  the 
cost  of  doing  business  by  said  retailer  as  evidenced  by  the 
standards  and  the  methods  of  accounting  regularly  employed 
by  him  in  his  allocation  of  overhead  costs  and  expenses,  paid 
or  incurred,  and  must  include,  without  limitation,  labor  (in- 
cluding salaries  of  executives  and  officers),  rent,  deprecia- 
tion, selling  costs,  maintenance  of  equipment,  delivery  costs, 
all  types  of  licenses,  taxes,  insurance  and  advertising. 

(b)  In  the  absence  of  proof  of  a  lesser  or  higher  cost  of 
doing  business  by  the  retailer  making  the  sale,  the  cost  of 
doing  business  by  the  retailer  shall  be  presumed  to  be  six 
per  centum  of  the  invoice  cost  of  the  cigarettes  to  the  re- 


548  Acts,  1945.  —  Chap.  547. 

taller,  or  of  the  replacement  cost  of  the  cigarettes  to  the 
retailer  within  thirty  days  prior  to  the  date  of  sale,  in  the 
quantity  last  purchased,  whichever  is  lower,  less  all  trade 
discounts  except  customary  discounts  for  cash. 

(c)  The  term  "cost  to  the  wholesaler"  shall  mean  the  in- 
voice cost  of  the  cigarettes  to  the  wholesaler,  or  the  replace- 
ment cost  of  the  cigarettes  to  the  wholesaler  within  thirty 
days  prior  to  the  date  of  sale,  in  the  quantity  last  pur- 
chased, whichever  is  lower,  less  all  trade  discounts  except 
customary  discounts  for  cash;  to  which  shall  be  added  a 
wholesaler's  mark-up  to  cover  in  part  the  cost  of  doing  busi- 
ness, which  wholesaler's  mark-up,  in  the  absence  of  proof 
of  a  lesser  or  higher  cost  of  doing  business  by  the  said  whole- 
saler as  evidenced  by  the  standards  and  methods  of  account- 
ing regularly  employed  by  him  in  his  allocation  of  overhead 
cost  and  expenses,  paid  or  incurred,  including  without  limi- 
tation, labor,  salaries  of  executives  and  officers,  rent,  depre- 
ciation, selling  costs,  maintenance  of  equipment,  delivery, 
delivery  costs,  all  types  of  licenses,  taxes,  insurance  and 
advertising,  shall  be  two  per  centum  of  said  invoice  cost  of 
the  cigarettes  to  the  wholesaler  plus  cartage  to  the  retail 
outlet  if  performed  or  paid  for  by  the  wholesaler,  which 
cartage  cost  shall  be  deemed  to  be  three  fourths  of  one  per 
cent  of  the  cost  of  the  cigarettes  to  the  wholesaler,  unless 
said  wholesaler  claims  and  proves  a  lower  cartage  cost,  or 
of  the  replacement  cost  of  the  cigarettes  to  the  wholesaler 
within  thirty  days  prior  to  the  date  of  sale,  in  the  quantity 
last  purchased,  whichever  is  lower,  less  all  trade  discounts 
except  customary  discounts  for  cash. 

(d)  In  the  absence  of  proof  of  a  lesser  or  higher  cost  of 
doing  business,  the  cost  of  doing  business  to  the  retailer,  who 
received  in  connection  with  the  retailer's  purchase  not  only 
the  discounts  ordinarily  allowed  upon  purchases  by  a  re- 
tailer but  also  in  whole  or  in  part  the  discounts  ordinarily 
allowed  upon  purchases  by  a  wholesaler,  shall  be  presumed 
to  be  six  per  centum  of  both  the  invoice  cost  of  the  ciga- 
rettes to  such  retailer  or  the  replacement  cost  of  the  ciga- 
rettes to  such  retailer  within  thirty  days  prior  to  the  date 
of  sale,  in  the  quantity  last  purchased,  whichever  is  lower, 
less  all  trade  discounts  except  customary  discounts  for  cash 
and  "wholesaler  mark-up". 

(e)  In  all  advertisements,  offers  for  sale  or  sales  involving 
two  or  more  items  at  a  combined  price,  and  in  all  advertise- 
ments, offers  for  sale  or  sales  involving  the  giving  of  any 
concession  of  any  kind  whatsoever  (whether  it  be  coupons 
or  otherwise),  the  retailer's  or  wholesaler's  selling  price  shall 
not  be  below  the  "cost  to  the  retailer"  or  the  "cost  to  the 
wholesaler",  respectively,  of  all  articles,  products,  commod- 
ities and  concessions  included  in  such  transactions. 

(/)  The  terms  "sell  at  retail",  "sales  at  retail"  and  "re- 
tail sales"  shall  mean  and  include  any  transfer  of  title  to 
tangible  personal  property  for  a  valu  able  consideration  made, 
in  the  ordinary  course  of  trade  or  usual  prosecution  of  the 


Acts,  1945. —  Chap.  547.  549 

seller's  business,  to  the  purchaser  for  consumption  or  use. 
The  terms  "sell  at  wholesale",  "sales  at  wholesale"  and 
"wholesale  sales"  shall  mean  and  include  any  such  transfer 
of  title  to  tangible  personal  property  for  the  purpose  of 
resale. 

(g)  The  wholesaler,  vending  machine  operator,  transporta- 
tion company  or  unclassified  acquirer  who  purchases  ciga- 
rettes directly  from  a  manufacturer  or  from  a  wholesaler  or 
unlicensed  person,  for  sale  at  retail  in  determining  "cost  to 
the  retailer"  pursuant  to  subdivision  (a)  of  this  section  shall 
add  the  "wholesaler's  mark-up"  to  the  invoice  cost  of  the 
cigarettes  to  said  retailer,  or  the  replacement  cost  of  the 
cigarettes  to  said  retailer  within  thirty  days  prior  to  the 
date  of  sale,  in  the  quantity  last  purchased,  whichever  is 
lower,  less  all  trade  discounts  except  customary  discounts 
for  cash,  before  adding  the  "retailer's  cost  of  doing  business". 

Section  14-    (a)  It  shall  be  unlawful  for  any  retailer,  with  offering  to 
intent  to  injure  competitors,  destroy  substantially  or  lessen  ofciglrlttM 
competition,  to  advertise,  offer  to  sell  or  sell  at  retail  ciga-  I'^jip"^/*^' 
rettes  at  less  than  cost  to  the  retailer,  or  for  any  wholesaler,  wholesaler 
with  intent  to  injure  competitors,  destroy  substantially  or  costTo  Wn" 
lessen  competition,  to  advertise,  offer  to  sell  or  sell  at  whole-  ""'awful. 
sale  cigarettes  at  less  than  cost  to  the  wholesaler.    Any  such 
retailer  or  wholesaler  violating  this  subsection  shall  be  pun- 
ished by  a  fine  of  not  more  than  five  hundred  dollars. 

(h)  Evidence  of  advertisement  offering  to  sell,  or  sale,  of  Pr'^a  f^^'^ 
cigarettes  by  any  retailer  or  wholesaler  at  less  than  cost  to 
him,  shall  be  prima  facie  evidence  of  intent  to  injure  com- 
petitors, destroy  substantially  or  lessen  competition. 

Section  15.  The  provisions  of  sections  thirteen  to  twenty-  Notappu- 
one,  inclusive,  shall  not  apply  to  sales  at  retail  or  sales  at  pertajn^eases 
wholesale  made :  —  (a)  in  an  isolated  transaction  and  not  in 
the  usual  course  of  business;  (6)  where  cigarettes  are  ad- 
vertised, offered  for  sale  or  sold  in  bona  fide  clearance  sales 
for  the  purpose  of  discontinuing  trade  in  such  cigarettes  and 
said  advertising,  offer  to  sell  or  sale  shall  state  the  reason 
therefor  and  the  quantity  of  such  cigarettes  advertised, 
offered  for  sale  or  to  be  sold;  (c)  where  cigarettes  are  adver- 
tised, offered  for  sale  or  sold  as  unperfect  or  damaged  and 
said  advertising,  offer  to  sell  or  sale  shall  state  the  reason 
therefor  and  the  quantity  of  such  cigarettes  advertised, 
offered  for  sale  or  to  be  sold;  {d)  where  cigarettes  are  sold 
upon  the  complete  final  hquidation  of  a  business;  (e)  where 
cigarettes  are  advertised,  offered  for  sale  or  sold  by  any 
fiduciary  or  other  officer  acting  under  the  order  or  direction 
of  any  court. 

Section  16.     Any  retailer  or  wholesaler  may  advertise.  Advertising, 
offer  to  sell  or  sell  cigarettes  at  a  price  made  in  good  faith  se^f "^sa^ie 
to  meet  the  prices  of  a  competitor  who  is  selling  the  same  °[  *^r^icg^^^e 
article  at  cost  to  him  as  a  wholesaler  or  retailer.    The  prices  to  meet  price 
of  cigarettes  advertised,  offered  for  sale  or  sold  under  the  petHor!"etc. 
exemptions  specified  in  section  fifteen  shall  not  be  consid- 
ered the  price  of  a  competitor  and  used  as  a  basis  for  estab- 


550 


Acts,  1945. —  Chap.  547. 


Contracts  in 
violation 
illegal  and 
void. 


Cost  de- 
terminatiou. 


Cigarettes 
pxirchased  at 
a  forced, 
bankrupt,  etc. 
sale  not  a 
basis  of  cost. 


Use  of  e8*ab- 
lished  cost 
•urvey. 


Director, 
officer,  etc., 
who  assists 
in  violation 
equally  _ 
responsible. 


Appeal. 


lishing  prices  below  cost,  nor  shall  prices  established  at 
bankrupt  sales  be  considered  as  prices  of  a  competitor 
within  the  purview  of  the  first  sentence  of  this  section. 

Section  17.  Any  contract,  express  or  implied,  made  by 
any  person,  firm  or  corporation  in  violation  of  any  of  the 
provisions  of  sections  thirteen  to  twenty-one,  inclusive,  is  de- 
clared to  be  an  illegal  and  void  contract  and  no  recovery 
thereon  shall  be  had. 

Section  18.  In  determining  cost  to  the  retailer  and  cost 
to  the  wholesaler,  the  court  shall  receive  and  consider,  as 
bearing  on  the  bona  fides  of  such  cost,  evidence  tending  to 
show  that  any  person  complained  against  under  any  provi- 
sion of  sections  thirteen  to  twenty-one,  inclusive,  purchased 
cigarettes  with  respect  to  the  sale  of  which  complaint  is 
made  at  a  fictitious  price  or  upon  terms  or  in  such  a  manner 
or  under  such  invoices  as  to  conceal  the  true  cost,  discounts 
or  terms  of  purchase,  and  shall  also  receive  and  consider,  as 
bearing  on  the  bona  fides  of  such  cost,  evidence  of  the  normal, 
customary  and  prevailing  terms  and  discounts  in  connection 
with  other  sales  of  a  similar  nature. 

Section  19.  In  establishing  the  cost  of  cigarettes  to  the 
retailer  or  wholesaler,  the  invoice  cost  of  said  cigarettes  pur- 
chased at  a  forced,  bankrupt,  closeout  sale  or  other  sale 
outside  of  the  ordinary  channels  of  trade  may  not  be  used 
as  a  basis  for  justifying  a  price  lower  than  one  based  upon 
the  replacement  cost  of  the  cigarettes  to  the  retailer  or  whole- 
saler within  thirty  days  prior  to  the  date  of  sale,  in  the 
quantity  last  purchased  through  the  ordinary  channels  of 
trade. 

Section  20.  Where  the  particular  trade,  of  which  the  per- 
son complained  against  is  a  member,  has  an  established  cost 
survey  for  the  trading  area  in  which  the  ofTense  is  commit- 
ted, said  cost  survey  shall  be  deemed  competent  evidence 
to  be  used  in  proving  the  cost  to  the  person  complained 
against  within  the  provisions  of  sections  thirteen  to  twenty- 
one,  inclusive. 

Section  21.  Any  individual  who  as  a  director,  officer, 
partner,  member,  or  agent  of  any  person  violating  any  pro- 
vision of  this  chapter  assists  or  aids,  directly  or  indirectly, 
in  such  violation  shall,  equally  with  the  person  for  whom  he 
acts,  be  responsible  therefor  and  subject  to  the  punishment 
and  penalties  specified  in  section  ten  and  in  subsection  (o)  of  * 
section  fourteen. 

Section  22.  Any  person  aggrieved  by  any  action  of  the 
commissioner  or  his  authorized  representatives  under  this 
chapter  for  which  an  appeal  is  not  provided  in  section  seven 
may,  within  ten  days  after  written  notice  of  such  action  is 
delivered  or  mailed  to  him,  apply  to  the  commissioner  in 
writing  for  a  hearing,  setting  forth  the  reasons  why  such 
hearing  should  be  granted  and  the  manner  of  relief  sought. 
The  commissioner  shall  consider  each  such  application  and 
may  grant  or  deny  the  hearing  requested.  If  the  hearing 
be  denied,  the  applicant  shall  be  notified  in  writing  thereof; 


Acts,  1945.  —  Chap.  547.  551 

if  it  be  granted,  the  commissioner  shall  in  writing  notify 
the  applicant  of  the  time  and  place  fixed  for  such  hearing. 
After  such  hearing,  the  commissioner  shall  notify  the  appli- 
cant of  his  decision.  The  commissioner  may,  by  notice  in 
writing,  at  any  time,  order  a  hearing  on  his  own  initiative. 

Section  23.    The  commissioner  and  any  representative  of  or°^^^n?|! 
the  commissioner  duly  authorized  to  conduct  any  inquiry,  tive  may 
investigation  or  hearing  under  this  chapter  shall  have  power  oaXa"^  ^^" 
to  administer  oaths  and  take  testimony  under  oath  relative 
to  the  matter  of  inquiry  or  investigation.     At  any  hearing 
ordered  by  the  commissioner,  the  commissioner  or  his  repre- 
sentative authorized  to  conduct  such  hearing  may  subpoena  subpoena  of 
witnesses  and  require  the  production  of  books,  papers,  and  ^  "«^^«^- 
documents  pertinent  to  such  inquiry.     No  witness  under 
subpoena  authorized  to  be  issued  by  any  provision  of  this 
chapter  shall  be  excused  from  testifying  or  producing  books 
or  papers  on  the  ground  that  such  testimony  or  the  produc- 
tion of  such  books  or  other  documentary  evidence  would 
tend  to  incriminate  him,  but  such  evidence  or  the  books  or 
papers  so  produced  shall  not  be  used  in  any  criminal  pro- 
ceeding against  him  arising  out  of  any  violation  of  any  pro- 
vision of  this  chapter.     If  any  person  shall  disobey  such 
process  or,  having  appeared  in  obedience  thereto,  shall  refuse 
to  answer  any  pertinent  question  put  to  him  by  the  com- 
missioner or  his  authorized  agent  or  to  produce  any  books 
and  papers  pursuant  thereto,  the  commissioner  or  such  rep- 
resentative may  apply  to  the  superior  court  for  the  county 
wherein  the  person,  relative  to  whose  business  such  hearing 
is  ordered,  resides  or  wherein  such  business  has  been  con- 
ducted, or  to  any  justice  of  said  court  if  the  same  shall  not 
be  in  session,  setting  forth  such  disobedience  to  process  or 
refusal  to  answer,  and  said  court  or  justice  shall  cite  such 
person  to  appear  before  said  court  or  justice  to  answer  such 
question  or  to  produce  such  books  and  papers,  and,  upon  penalty, 
his  refusal  so  to  do,  may  commit  him  to  jail  until  he  shall 
testify,  but  not  for  a  longer  period  than  sixty  days.     Not- 
withstanding the  serving  of  the  term  of  such  commitment 
by  any  person,  the  commissioner  may  proceed  in  all  respects 
with  such  inquiry  and  examination  as  if  the  witness  had  not 
previously  been  called  upon  to  testify.     Officers  who  serve  Fees  for 
subpoenas  issued  by  the  commissioner  or  under  his  authority  l^^^^ 
and  witnesses  attending  a  hearing  conducted  by  him  here-  subpoenas. 
under  shall  receive  fees  and  compensation  at  the  same  rates 
as  officers  and  witnesses  before  the  courts  of  the  common- 
wealth, to  be  paid  on  vouchers  of  the  commissioner  or  to 
be  paid  without  appropriation  out  of  the  proceeds  of  the 
excise  imposed  by  this  chapter,  on  vouchers  approved  by 
the  commissioner. 

Section  2Jj..    Any  person  aggrieved  because  of  a  decision  Appeal, 
of  the  commissioner  under  section  twenty-two  may  appeal 
therefrom  to  the  appellate  tax  board  within  ten  days  after 
written  notice  of  the  decision  has  been  mailed  or  dehvered 
to  him.    The  appellant  shall  at  the  time  of  taking  an  appeal 


552 


Acts,  1945.  —  Chap.  547. 


Adminis- 
tration. 


Rules  and 
regulations. 


Special 

police 

officers. 


Unconstitu- 
tionality of 
any  provision 
not  to  affect 
remaining 
parts  of 
chapter. 


Inventory. 


file  with  said  board  a  surety  company  bond  running  to  the 
commonwealth,  with  a  surety  company  authorized  to  do 
business  in  the  commonwealth  as  surety,  in  such  sum  as 
said  board  shall  fix,  conditioned  to  prosecute  the  appeal  to 
effect  and  to  comply  with  the  orders  and  decrees  of  said 
board  in  the  premises.  Such  appeals  shall  be  preferred  cases 
to  be  heard,  unless  cause  appears  to  the  contrary,  in  priority 
to  other  cases.  During  the  pendency  of  any  such  appeal 
the  decision  of  the  commissioner  so  appealed  from  shall, 
unless  otliorwise  ordered  by  said  board,  be  inoperative. 
Said  board  may  grant  such  relief  as  may  be  equitable  and 
may  certify  to  the  comptroller  the  amount  of  such  rehef,  and 
the  state  treasurer  shall  pay  to  the  aggrieved  taxpayer  such 
amount,  without  any  appropriation  therefor  by  the  general 
court,  out  of  the  proceeds  of  the  excise  imposed  by  this 
chapter.  If  the  appeal  shall  have  been  taken  without  prob- 
able cause,  the  board  may  tax  double  or  triple  costs,  as  the 
case  shall  demand;  and,  upon  all  such  appeals  which  may 
be  denied,  costs  may  be  taxed  against  the  appellant  at  the 
discretion  of  the  board;  provided,  that  no  costs  shall  be 
taxed  against  the  commonwealth. 

Section  25.  The  administration  of  this  chapter  is  vested 
in  the  commissioner.  All  forms  necessary  and  proper  for 
the  enforcement  of  this  chapter  shall  be  prescribed  and  fur- 
nished by  the  commissioner.  The  commissioner  may  pre- 
scribe regulations  and  rulings,  not  inconsistent  with  law,  to 
carry  into  effect  the  provisions  of  this  chapter,  which  regu- 
lations and  rulings,  when  reasonably  designed  to  carry  out 
the  intent  and  purpose  of  this  chapter,  shall  be  prima  facie 
evidence  of  its  proper  interpretation. 

Section  26.  At  the  request  of  the  commissioner,  the  com- 
missioner of  public  safety  may  appoint  employees  of  the 
department  of  corporations  and  taxation  as  special  police 
officers,  each  to  serve  subject  to  removal  by  the  commis- 
sioner of  public  safety.  Such  police  oflacers  shall  report  to 
the  commissioner  of  public  safety  as  to  their  official  acts  at 
such  time  and  in  such  manner  as  he  may  require.  They 
shall  serve  without  pay,  except  their  regular  compensation 
as  employees  of  the  department  of  corporations  and  taxa- 
tion, and  shall  have  and  exercise  throughout  the  common- 
wealth powers  of  state  police  officers  to  serve  warrants  and 
other  criminal  processes  and  to  arrest  and  detain  any  per- 
son violating  any  provision  of  this  chapter. 

Section  27.  If  any  provision  or  provisions  of  this  chapter 
is  or  are  declared  unconstitutional  or  inoperative  by  a  final 
judgment,  order  or  decree  of  the  supreme  court  of  the  United 
States  or  of  the  supreme  judicial  court  of  the  commonwealth, 
the  remaining  parts  of  said  chapter  shall  not  be  affected 
thereby. 

Section  2.  Every  manufacturer,  wholesaler,  vending  ma- 
chine operator  and  unclassified  acquirer  who  on  the  effective 
date  of  this  act  has  on  hand  for  sale  any  cigarettes  shall 


Acts,  1945. —  Chap.  548.  553 

file  a  complete  inventory  thereof  within  twenty  days  there- 
after, and  shall' pay  to  the  conmissioner  of  corporations  and 
taxation  at  the  time  of  filing  such  inventor^'  a  tax  with 
respect  thereto  computed  at  the  rate  of  one  half  of  one 
mill  per  cigarette  on  all  cigarettes  upon  which  an  excise  of 
only  one  mill  has  been  previously  paid.  All  provisions  of 
chapter  sixty-four  C  of  the  General  Laws  relative  to  the 
collection,  verification  and  administration  of  the  tax  there 
imposed  shall,  in  so  far  as  pertinent,  be  applicable  to  the  tax 
imposed  b}-  this  section. 

Section  3.  This  act  shall  take  effect  on  July  first,  nine-  Effective  date. 
teen  hundred  and  forty-five.  All  provisions  of  chapter  four 
hundred  and  seventeen  of  the  acts  of  nineteen  hundred  and 
forty-one,  as  extended  by  chapter  four  hundred  and  seven 
of  the  acts  of  nineteen  hundred  and  forty-three,  necessary 
for  the  administration,  assessment  and  collection  of  taxes 
imposed  by  said  chapter  shall  continue  in  effect  so  long  as 
may  be  required  for  the  accomplishment  thereof. 

Approved  June  29,  1945. 

An  Act  establishing  and  setting  up  on  the  books  of  Chav.b^S 

THE   commonwealth  A  SEPARATE   FUND  TO   BE   KNOWN  AS  ^' 

THE    INLAND    FISHERIES   AND    GAME    FUND. 

Whereas,  The  deferred  operation  of  this  act  would  defeat  ^^l'^^^^^ 
one  of  the  principal  purposes  thereof,  which  is  to  require  ^'^*""" 
certain  action  to  be  taken  on  July  first  in  the  current  year, 
therefore  this  act  is  hereby  declared  to  be  an  emergency 
law,  necessary  for  the  immediate  preservation  of  the  public 
convenience. 

Be  it  enacted,  etc,  as  follows: 

Section  1.     Chapter  one  hundred  and  thirty-one  of  the  o.  l.  (Ter. 
General  Laws,  as  appearing  in  section  two  of  chapter  five  ^ew'^^H;^ 
hundred  and  ninety-nine  of  the  acts  of  nineteen  hundred  added. 
and  forty-one,  is  hereby  amended  by  inserting  after  section 
three    the    following    section :  — •  Section  3 A .      Moneys    re-  Dispoeition 
ceived  by  the  commonwealth  from  license  fees,  fines,  permit  f'eesrfinls.  etc. 
fees  and  from  any  and  all  sources  pertaining  to  inland  fishing 
and  hunting  and  sums  received  by  the  commonwealth  from 
the  federal  government  as  reimbursement  on  account  of 
activities  of  the  division  of  wild  life  research  and  manage- 
ment shall  be  credited  on  the  books  of  the  commonwealth 
to  a  fund  to  be  known  as  the  inland  fisheries  and  game  fund. 
All  unexpended  balances  remaining  in  said  fund  at  the  end 
of  each  fiscal  3'ear  shall  be  appropriated  only  for  the  purposes 
of  developing,  maintaining,  managing,  operating  and  ad- 
ministering the  division  of  fisheries  and  game.     Said  fund, 
subject  to  appropriation,  shall  be  used  only  as  follows:  — 
(1)  For  the  payment  of  general  office  administrative  ex- 
penses of  the  division  of  fisheries  and  game  and  of  the  divi- 
sion of  wild  life  research  and  management. 


554 


Acts,  1945. —  Chap.  549. 


G.  L.  (Ter. 
Ed.),  20. 
§  6,  etc., 
amended. 


Traiwfer  from 
general  fund. 


(2)  For  acquiring,  maintaining  or  leasing  public  fishing 
rights  on  lands  on  inland  streams  and  pJbnds,  including 
stream  management  and  the  creation  of  new  ponds. 

(3)  For  acquiring,  maintaining  or  leasing  pubUc  hunting 
rights  on  lands  within  the  commonwealth. 

(4)  For  biological  surveys  of  the  inland  waters  of  the 
commonwealth. 

(5)  For  propagation  of  game  birds  and  fish. 

(6)  For  salvaging  and  distributing  game  and  fish. 

(7)  For  acquisition  and  maintenance  of  wild  life  sanc- 
tuaries. 

(8)  For  payment  of  one  half  of  the  amount  necessary  for 
personal  services  and  other  expenses  for  or  on  account  of 
the  enforcement  of  the  laws  relating  to  game  and  inland 
fisheries. 

(9)  For  maintaining  water  resources  to  provide  an  ade- 
quate water  supply  for  wild  life. 

(10)  For  maintaining  sources  of  food  for  game  birds. 

(11)  For  other  general  purposes  of  the  division  of  fisheries 
and  game  and  of  the  division  of  wUd  life  research  and  man- 
agement. 

Section  2.  Section  sLx  of  chapter  twenty-nine  of  the 
General  Laws,  as  most  recently  amended  by  section  seven 
of  chapter  two  hundred  and  forty-two  of  the  acts  of  the 
current  year,  is  hereby  further  amended  by  striking  out  the 
fifth  sentence  and  inserting  in  place  thereof  the  following 
sentence :  —  The  budget  shall  include  a  sum  payable  from 
the  general  fund  equal  to  one  half  of  the  amount .  necessary 
for  payment  for  personal  services  and  other  expenses  for 
or  on  account  of  the  enforcement  of  the  laws  relating  to 
game  and  inland  fisheries. 

Section  3.  On  July  first  in  the  current  year  there  shall 
be  transferred  from  the  general  fund  to  and  made  a  part  of 
the  inland  fisheries  and  game  fund  established  by  section 
one  of  this  act  the  excess  amount  recorded  on  the  books  of 
the  commonwealth  by  the  state  comptroller  under  authority 
of  the  provisions  of  law  contained  in  section  two  of  chapter 
three  hundred  and  seventy  of  the  acts  of  nineteen  hundred 
and  forty-three  immediately  following  Item  1002-54  of 
said  section.  Approved  July  9,  1945. 


Chap. 549  An  Act  authorizing  the  town  of  norton  to  pay  cer- 
tain SUMS  OF  MONEY  AS  FULL  COMPENSATION  FOR  CER- 
TAIN PROPERTY  TAKEN  BY  THE  COUNTY  COMMISSIONERS 
OF   BRISTOL    COUNTY    FOR    HIGHWAY    PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  discharging  a  moral 
obligation,  the  town  of  Norton  is  hereby  authorized  to 
make  payments  to  the  parties  and  in  the  amounts  herein- 
after specified,  as  full  compensation  for  certain  property 
taken  by  eminent  domain  under  chapter  seventy-nine  of 


Acts,  1945.  —  Chap.  550. 


555 


the  General  Laws  by  the  county  commissioners  of  Bristol 
county  for  the  constmction  of  Bay  road,  so  called,  in  said 
town: 


Names  of  Pahties. 


Amounts  of 
Payments. 


Mathilda  A.  Hurlburt        ....... 

$100  00 

Mathilda  A.  Hurlburt  and  Daniel  J.  Rheaume 

50  00 

Laurier  Paquette      ..... 

300  00 

George  Paquette       ..... 

140  00 

Katherine  Danforth           .... 

150  00 

Lucy  Henderson                 .         .         .         . 

50  00 

E.  Francis  Lemaire  ..... 

300  00 

Wilfred  W.  Becker   .         .         .         .         . 

300  00 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  July  9,  1945. 


An  Act  making  appropriations  for  the  maintenance  of  Chap. 550 

CERTAIN  COUNTIES,  FOR  INTEREST  AND  DEBT  REQUIRE- 
MENTS, FOR  CERTAIN  PERMANENT  IMPROVEMENTS,  AND 
GRANTING   A   COUNTY   TAX   FOR   SAID   COUNTIES. 

Whereas,  The  deferred  operation  of  this  act  would  result  Emergency 
in  unnecessarily  extending  the  period  during  which  county  ^^^^^ 
expenditures  would  be  made  in  anticipation  of  appropria- 
tion, therefore  it  is  hereby  declared  to  be  an  emergency  law, 
necessary   for   the   immediate   preservation   of    the   public 
convenience. 

Be  it  enacted,  etc.,  as  follows. • 

Section  1.  The  following  sums  are  hereby  appropriated 
for  the  counties  hereinafter  specified  for  the  year  nineteen 
hundred  and  forty-five.  No  direct  drafts  against  the  ac- 
count known  as  the  reserve  fund  shall  be  made,  but  transfers 
from  this  account  to  other  accounts  may  be  made  to  meet 
extraordinary  or  unforeseen  expenditures  upon  the  request 
of  the  county  commissioners  and  with  the  approval  of  the 
director  of  accounts. 

Barnntnble  County. 

I  tera 

1  For  interest  on  county  debt          ....  $785  00 

2  For  reduction  of  county  debt       ....  26,000  00 

3  For  salaries  of  county  officers  and  assistants  29,265  00 

4  For  clerical  assistance  in  county  offices          .  18,699  00 

5  For  salaries  and  expenses  of  district  courts    .  24,615  00 

6  For  salaries  of  master  and  keeper,  and  assistants, 

and  support  of  prisoners  in  jail  and  house  of 

correction 50.885  00 

7  For  criminal  costs  in  superior  court  .  10,944  00 

8  For  ci\'il  expenses  in  supreme  judicial,  superior, 

probate  and  land  courts  .....  5,872  00 
10     For  transportation  and  expenses  of  county  and 

acting  commissioners      .....  1,200  00 

II  For  medical  examiners  and  commitments  of  insane  1,850  00 
12     For  auditors,  masters  and  referees                  .  500  00 


556 


Acts,  1945.  —  Chap.  550. 


Item 
14 


For  repairing,   furnishing  and  improving  county 

buildings  .  .  .  $n,997  00 

For  care,  fue],  lights  and  supplies  in  county  build- 
ings, other  than  jail  and  house  of  correction  20,218  00 
For  highways,  including  state  highways,  bridges 

and  land  damages  ......  69,800  00 

For  law  library 930  00 

For  training  school     ......  500  00 

For  county  aid  to  agriculture       ....  14,718  00 

For  sanatorium  ......  121,414  00 

For  health  service 10,989  00 

For  state  fire  patrol 2,100  00 

For  contributory  retirement  system      .  .  .  9,568  00 

25a  For  contributory  retirement  audit  .  .  273  81 

26  For   miscellaneous   and   contingent   expenses,    in- 

cluding insurance    ......  6,080  00 

27  For  unpaid  bills  of  previous  j^ears  .  500  00 

28  For  police  training  school 3,489  00 

29  For  police  radio  station 12,828  00 

30  For  advertising  the  recreational  advantages  of  the 

county 3,000  00 

30a  For  forest  fire  apparatus      .....  .'),000  00 

31  For  reserve  fund 10,000  00 

For  post-war  rehabilitation  fund  .  25,000  00 

And    the    county    commissioners    of    Barnstable 

county  are  hereby  authorized  to  levy  as  the 
county  tax  of  said  county  for  the  current  year, 
in  the  manner  provided  by  law,  the  following 
sum  to  be  expended  together  with  the  cash  bal- 
ance on  hand  and  the  receipts  from  other 
sources,  for  the  above  purposes         .  $384,993  41 


33 


Berkshire  Cnunhj 

1  For  interest  on  county  debt 

2  For  reduction  of  county  debt 

3  For  salaries  of  county  officers  and  assistants 

4  For  clerical  assistance  in  county  offices 

5  For  salaries  and  expenses  of  district  courts 

6  For  salaries  of  master  and  keeper,  and  assistants, 

and  support  of  prisoners  in  jail  and  house  of 
correction       ...... 

7  For  criminal  costs  in  superior  court 

8  For  civil  expenses  in  supreme  judicial,  sujjerior 

probate  and  land  courts  .... 

10  For  transportation  and  expenses  of   county   and 

acting  commissioners 

11  For  medical  examiners  and  commitments  of  in- 

sane      ..... 

12  For  auditors,  masters  and  referees 

14  For  repairing,   furnishing  and  improving  county 

buildings  •       .   •  .       •  •     . 

15  For  care,  fuel,  lights  and  suppUes  in  county  build 

ings,  other  than  jail  and  house  of  correction 

16  For  highways,  including  state  highways,  bridges 

and  land  damages  . 

17  For  examination  of  dams 

18  For  law  library 

19  For  training  school     . 

20  For  county  aid  to  agriculture 
23     For  Mount  Greylock  state  reservation 
23a  For  Mount  Everett  state  reservation 
25     For  contributory  retirement  system 
25a  For  contributory  retirement  audit 


•1775  00 
20,000  00 
33,478  00 
17,050  00 
53.510  00 


42,905  00 
12,065  00 

9,975  00 

1,000  00 

6,000  00 
1,500  00 

5,000  00 

19,360  00 


22,290 

00 

700 

00 

3,336 

00 

1,000 

00 

15,384 

00 

8,150 

00 

1,980 

00 

8,790 

00 

60 

80 

Acts,  1945.  —  Chap.  550. 


557 


Item 

26 

27 
30 

31 
33 


For  miscellaneous  and  contingent  expenses,  includ- 
ing insurance  ...... 

For  unpaid  bills  of  previous  j^ears 

For  advertising  the  recreational  advantages  of  the 
county  ........ 

For  reserve  fund         ...... 

For  post-war  rehabilitation  fund 

And  the  county  commissioners  of  Berkshire  county 
are  hereby  authorized  to  levy  as  the  county 
tax  of  said  county  for  the  current  year,  in  the 
manner  provided  by  law,  the  following  sum 
to  be  expended  together  with  the  cash  balance 
on  hand  and  the  receipts  from  other  sources,  for 
the  above  purposes 


$5,000  00 
500  00 

5,000  00 

5,000  00 

20.000  00 


$287,808  80 


Bristol  County. 

1  For  interesfon  county  debt  ....  $3,000  00 

2  For  reduction  of  county  debt       .  .  35,800  00 

3  For  salaries  of  county  officers  and  assistants  .  60,050  00 

4  For  clerical  assistance  in  county  offices  .          .  69,000  00 

5  For  salaries  and  expenses  of  district  courts    .  .  143,080  00 

6  For  salaries  of  master  and  keeper,  and  assistants. 

and  support  of  prisoners  in  jail  and  house  of 

correction 94,790  00 

7  For  criminal  costs  in  superior  court      .  .  68,275  00 

8  For  civil  expenses  in  supreme  judicial,  superior, 

]irobate  and  land  courts  .....  44,710  00 

10  For  transportation  and  expenses  of  county  and  act- 

ing commissioners  ......  1,500  00 

11  For  medical  examiners  and  commitments  of  insane  20,000  00 

12  For  auditors,  masters  and  referees  .  3,000  00 

14  For  repairing,   furnishing  and  improving  county 

buildings 35,000  00 

14a  For  rei>airs  and  furnishings  of  jail  and  house  of 

correction 5,000  00 

15  For  care,  fuel,  lights  and  supplies  in  county  build- 

ings, other  than  jail  and  house  of  correction       .  75,600  00 

16  For  highways,  including  state  highways,  bridges 

and  land  damages  ......  35,450  00 

18  For  law  libraries 10,068  00 

19  For  training  school 7,000  00 

20  For  agricultural  school 130,793  00 

24  For  non-contributory  pensions     ....  7,700  00 

25  For  contributory  retirement  system      .          .          .  24,187  00 
25a  For  contriliutory  retirement  audit         .          .          .  241  68 

26  For  miscellaneous  and  contingent  expenses,  includ- 

ing insurance            ......  9,450  00 

27  Unpaid  bills  of  previous  years                .                    .  6,000  00 

31     For  reserve  fund         .     ' 10,000  00 

33     For  post-war  rehabilitation  fund            .                    .  25,000  00 

And  the  county  commissioners  of  Bristol  county 
are  hereby  authorized  to  levy  as  the  county  tax 
of  said  county  for  the  current  year,  in  the  man- 
ner provided  by  law,  the  following  sum  to  be  ex- 
pended together  \vith  the  cash  balance  on  hand 
and  the  receipts  from  other  sources,  for  the  above 
purposes $779,416  17 


County  of  Dukes  County. 

1  For  interest  on  county  debt 

2  For  reduction  of  county  debt 

3  For  salaries  of  county  oflBcers  and  assistants 


$200  00 
5,000  00 
7,907  00 


558 


Acts,  1945. —  Chap.  550. 


Item 

4 

5- 
6 


For  clerical  assistance  in  county  offices 

For  salaries  and  expenses  of  district  court 

For  salaries  of  master  and  keeper,  and  assistants 
and  support  of  prisoners  in  jail  and  house  of 
correction       ...... 

For  criminal  costs  in  superior  court 

For  civil  expenses  in  supreme  judicial,  superior, 
probate  and  land  courts  .... 

For  transportation  and  expenses  of  county  and  act- 
ing commissioners  ..... 

For  medical  examiners  and  commitments  of  insane 

For  auditors,  masters  and  referees 

For  repairing,  furnishing  and  improving  county 
buildings         ...... 

For  care,  fuel,  lights  and  supplies  in  county  build 
ings,  other  than  jail  and  house  of  correction 

For  highways,  including  state  highways,  bridges 
and  land  damages  ..... 

For  law  library  ..... 

For  county  aid  to  agriculture 

For  Gaj'  Head  reservation 

For  contributory  retirement  system 
25a  For  contributory  retirement  audit 
26     For  miscellaneous  and  contingent  expenses,  inelud 
ing  insurance  ..... 

For  unpaid  bills  of  previous  years 

For  civilian  defense    ..... 

For  Indian  burial  ground    .... 

For  advertising  the  recreational  advantages  of  the 
county  ....... 

For  reserve  fund         ..... 

For  county  rodent  control  .... 

For  post-war  rehabilitation  fund 

And  the  county  commissioners  of  Dukes  County 
are  hereby  authorized  to  levy  as  the  county  tax 
of  said  county  for  the  current  year,  in  the  man- 
ner provided  by  law.  the  following  sum  to  be 
expended  together  with  the  cash  balance  on 
hand  and  the  receipts  from  other  sources,  for  the 
above  purposes       ...... 


7 
8 

10 

11 
12 
14 

15 

16 

18 
20 
23 
25 


27 
28 
29 
30 

31 
32 
33 


$2,867  50 
7,150  00 


5,0.50  00 
1,500  00 

1,000  00 

350  00 
400  00 
100  00 

3,000  00 

4,000  00 


1,000 

00 

300  00 

1,200 

00 

1,500 

00 

1,006  00 

7 

60 

1,800  00 

1,000 

00 

50 

00 

700 

00 

200 

00 

1,500  00 

3,500 

00 

5.000 

00 

$.53,120  98 


Essex  County. 

1  For  interest  on  county  debt 

2  For  reduction  of  county  debt 

3  For  salaries  of  county  officers  and  assistants 

4  For  clerical  assistance  in  county  offices 

5  For  salaries  and  expenses  of  district  courts    . 

6  For  salaries  of  masters  and  keepers,  and  assistants 

and  support  of  prisoners  in  jails  and  houses  of 
correction       ...... 

7  For  criminal  costs  in  superior  court      .  . 

8  For  civil  expenses  in  supreme  judicial,  superior 

probate  and  land  courts  .... 

9  For  trial  justices         ..... 

10  For  transportation  and  expenses  of  county  and 

acting  commissioners       .... 

11  For  medical  examiners  and  commitments  of  insane 

12  For  auditors,  masters  and  referees 

14  For  repairing,   furnishing  and  improving   county 

buildings  . 

15  For  care,  fuel,  lights  and  supplies  in  county  build 

ings,  other  than  jails  and  houses  of  correction 

16  For  highways,  including  state  highways,  bridges 

and  land  damages  ..... 


$3,700  00 

52,000  00 

75,180  00 

158,580  00 

230,150  00 


103,350  00 
70,000  00 

81,000  00 
5,500  00 

1,000  00 

17,500  00 

3,000  00 

]8,.500  00 

95,550  00 

156,100  00 


Acts,  1945.  —  Chap.  550. 


559 


Item 

18  For  law  libraries         ..... 

19  For  training  Bchool     ..... 

20  For  agricultural  school         .... 

24  For  non-contributory  pensions 

25  For  contributory  retirement  system 
25a  For  contributory  retirement  audit 

26  For   miscellaneous   and    contingent   expenses,    in- 

cluding insurance    ..... 

27  For  unpaid  bills  of  previous  years 
31     For  reserve  fund         ..... 

And  the  county  commissioners  of  Essex  county 
are  hereby  authorized  to  levy  as  the  county  tax 
of  said  county  for  the  current  year,  in  the  man- 
ner provided  by  law,  the  following  sum  to  be 
expended  together  with  the  cash  balance  on 
hand  and  the  receipts  from  other  sources,  for  the 
above  purposes        ...... 


$13,150  00 

64,050  00 

229,115  00 

3,775  00 

62,378  77 

554  80 

13,085  60 

3,500  00 

15,000  00 


$1,150,840  40 


Franklin  County. 

1  For  interest  on  county  debt  ....  S4,832  08 

2  For  reduction  of  county  debt       ....  15,000  00 

3  For  salaries  of  county  officers  and  assistants  .  21,722  00 

4  For  clerical  assistance  in  county  offices  .  10,680  00 

5  For  salaries  and  expenses  of  district  courts  18,677  00 

6  For  salaries  of  master  and  keeper,  and  assistants 

and  support  of  prisoners  in  jail  and  house  of 

correction 24,278  00 

7  For  criminal  costs  in  superior  court      .  8,015  00 

8  For  civil  expenses  in  supreme  judicial,  superior,  pro- 

bate and  land  courts        .....  8,400  00 

10  For  transportation  and  expenses  of  county  and  act- 

ing commissioners  .  .  ...  .  400  00 

11  For  medical  examiners  and  commitments  of  insane  2,000  00 

12  For  auditors,  masters  and  referees  700  00 

14  For  repairing,   furnishing  and  improving  county 

buildings 2,500  00 

15  For  care,  fuel,  lights  and  supplies  in  county  biiild- 

ings,  other  than  jail  and  house  of  correction  15,620  00 

16  For  highways,  including  state  highways,  bridges 

and  land  damages  ......  25,600  00 

17  For  examination  of  dams    .....  400  00 

18  For  law  librarv 3,230  00 

19  For  training  school 200  00 

20  For  county  aid  to  agriculture       ....  11,613  00 

22  For  Greenfield  health  camp          ....  2,000  00 

23  For  Mount  Sugar  Loaf  state  reservation        .  1,200  00 

24  For  n  on -contributory  pensions     ....  870  00 

25  For  contributory  retirement  system      .          .          .  10,199  68 
25a  For  contributory  retirement  audit         .                    .  135  02 

26  For  miscellaneous  and  contingent  expenses,  includ- 

ing insurance  ......  1,350  00 

27  For  unpaid  bills  of  previous  years  .  547  68 

30  For  advertising  the  recreational  advantages  of  the 

county 500  00 

31  For  reserve  fund 5,000  00 

33     For  post-war  rehabilitation  fund  .  .  .  15,000  00 

And  the  county  commissioners  of  Franklin  county 
are  hereby  authorized  to  levy  as  the  county  tax 
of  said  county  for  the  current  year,  in  the  man- 
ner provided  by  law,  the  following  sum  to  be 
expended  together  with  the  cash  balance  on 
hand  and  the  receipts  from  other  sources,  for 
the  above  purposes  .....       $181,418  69 


560 


Acts,  1945. —  Chap.  550. 


Item 
1 
2 
3 
4 
5 
6 


Hampden  County. 


For  interest  on  county  debt 

For  reduction  of  county  debt 

For  salaries  of  county  officers  and  assistants 

For  clerical  assistance  in  county  offices 

For  salaries  and  expenses  of  district  courts    . 

For  salaries  of  master  and  keeper,  and  assistants 
and  support  of  prisoners  in  jail  and  house  of 
correction       ...... 

For  criminal  costs  in  superior  court 

For  civil  expenses  in  supreme  judicial,  superior, 
probate  and  land  courts  .... 

For  trial  justice  ..... 

For  transportation  and  expenses  of  county  and  act- 
ing commissioners  ..... 

For  medical  examiners  and  commitments  of  insane 

For  auditors,  masters  and  referees 

For  building  county  buildings  and  purchase  of  land 

For  repairing,  furnishing  and  improving  county 
buildings         ...... 

For  care,  fuel,  lights  and  supplies  in  county  build 
ings,  other  than  jail  and  house  of  correction 

For  highways,  including  state  highways,  bridges 
and  land  damages  ..... 

For  examination  of  dams    .... 

For  law  library  .  .  .  .     • 

For  training  school     ..... 

For  county  aid  to  agriculture 

For  preventorium       ..... 

For  Mount  Tom  state  reservation 

For  non-contributory  pensions     . 

For  contributory  retirement  system 
25a  For  contributory  retirement  audit 
26     For   miscellaneous   and   contingent   expenses,    in- 
cluding insurance    ..... 

For  unpaid  bills  of  previous  years 

For  advertising  the  recreational  advantages  of  the 
county  ....... 

For  reserve  fund         ..... 

For  post-war  rehabilitation  fund 

And  the  county  commissioners  of  Hampden  county 
are  hereby  authorized  to  levy  as  the  county  tax 
of  said  county  for  the  current  year,  in  the  manner 
provided  by  law,  the  following  sum  to  be.  ex- 
pended together  with  the  cash  balance  on  hand 
and  the  receipts  from  other  sources,  for  the 
above  purposes        ...... 


$6,000  00 
19,000  00 
56,360  00 
66,649  00 
148,086  00 


98,152  00 
30,942  00 

59,030  00 
2,225  00 

750  GO 

13,000  00 

3,000  00 

2,300  00 

12,000  00 

68,587  00 

21,875  00 

3,000  00 

11,411  00 

38,435  00 

49,061  00 

3,000  00 

13,912  14 

9,000  00 

25,435  99 

136  80 

7,060  55 
14,165  07 

500  00 
12,000  00 
25,000  00 


$734,934  05 


7 
8 

10 

11 
12 


Hampshire  County. 

For  interest  on  county  debt  .... 

For  salaries  of  county  officers  and  assistants 

For  clerical  assistance  in  county  offices 

For  salaries  and  expenses  of  district  courts    . 

For  salaries  of  master  and  keeper,  and  assistants 
and  support  of  prisoners  in  jail  and  house  of 
correction       ....... 

For  criminal  costs  in  superior  court 

For  civil  expenses  in  supreme  judicial,  superior,  pro- 
bate and  land  courts         ..... 

For  transportation  and  expenses  of  county  and 
acting  commissioners       ..... 

For  medical  examiners  and  commitments  of  insane 

For  auditors,  masters  and  referees 


$700  00 

25,700  00 

13,700  00 

30,100  00 


34,000  00 
12,900  00 

10,000  00 

500  00 

4,400  00 

500  00 


Acts,  1945.  —  Chap.  550. 


561 


Item 

14  For  repairing,   furnishing  and  improving  county 

buildings  .  .  $5,500  00 

15  For  care,  fuel,  lights  and  supplies  in  county  build- 

ings, other  than  jail  and  house  of  correction       .  16,800  00 

16  For  highways,  including  state  highways,  bridges 

and  land  damages  ......  30,000  00 

17  For  examination  of  dams    .....  250  00 

18  For  law  library 2,400  00 

20     For  county  aid  to  agriculture       ....  16,020  00 

21a  For  isolation  hospital  .....  7,500  00 

22  For  preventorium 2,000  00 

23  For  state  reservations  .....  2,550  00 

24  For  non -contributory  pensions     ....  3,752  85 

25  For  contributory  retirement  system      .  .  6,910  00 
25a  For  contributory  retirement  audit         ...  80  56 

26  For  miscellaneous  and   contingent   expenses,   in- 

cluding insurance   ......  6,000  00 

27  For  unpaid  bills  of  previous  years         .         .  100  00 

30  For  advertising  the  recreational  advantages  of  the 

county 500  00 

31  For  reserve  fund 7,500  00 

33     For  post-war  rehabilitation  fund  ...  15,000  00 

And  the  county  commissioners  of  Hampshire 
county  are  hereby  authorized  to  levy  as  the 
county  tax  of  said  county  for  the  current  year, 
in  the  manner  provided  by  law,  the  following 
sum  to  be  expended  together  with  the  cash 
balance  on  hand  and  the  receipts  from  other 
sources,  for  the  above  purposes         .  .  .        $211,956  40 


Middlesex  County. 

1  For  interest  on  county  debt         ....  $10,000  00 

2  For  reduction  of  county  debt       ....  25,000  00 

3  For  salaries  of  county  officers  and  assistants           .  93,240  00 

4  For  clerical  assistance  in  county  offices          .          .  291,400  00 

5  For  salaries  and  expenses  of  district  courts    .  440,000  00 

6  For  salaries  of  masters  and  keepers,  and  assistants 

and  support  of  prisoners  in  jails  and  houses  of 

correction 283,900  00 

7  For  criminal  costs  in  superior  court  186,200  00 

8  For  civil  expenses  in  supreme  judicial,  superior, 

probate  and  land  courts  .....  167,500  00 

9  For  trial  justices 1,360  00 

10  For  transportation  and  expenses  of  county  and 

acting  commissioners       .....  500  00 

11  For  medical  examiners  and  commitments  of  insane  32,000  00 

12  For  auditors,  masters  and  referees                   .          .  6.000  00 

13  For  building  county  building  and  purchase  of  land  6,000  00 

14  For  repairing,   furnishing  and  improving  county 

buildings 80,000  00 

15  For  care,  fuel,  lights  and  supplies  in  county  build- 

ings, other  than  jails  and  houses  of  correction  1 36,000  00 

16  For  highways,  including  state  highways,  bridges 

and  land  damages 100,700  00 

18  *  For  law  libraries 13,780  00 

19  For  training  school 95,200  00 

20  For  countv  aid  to  agriculture       ....  50,10000 

23  For  Walden  Pond  state  reservation       .          .          .  18,900  00 

24  For  non-contributory  pensions     ....  28,000  00 

25  For  contributory  retirement  systems    .          .          .  84,900  00 
2.'ia  For  contributory  retirement  audit  1.070  08 

26  For  miscellaneous  and  contingent  expenses,  includ- 

ing insurance           ......  10,000  00 

27  For  unpaid  bills  of  previous  years                   .  3,000  00 


562 


Acts,  1945.  —  Chap.  550. 


It«m 

31     For  reserve  fund         ...... 

S3     For  post-war  rehabilitation  fund 

33a  For  post-war  rehabilitation  planning    . 

And  the  county  commissioners  of  Middlesex  county 
are  hereby  authorized  to  levy  as  the  county  tax 
of  said  county  for  the  current  year,  in  the  man- 
ner provided  by  law,  the  following  sum  to  be  ex- 
penaed  together  with  the  cash  balance  on  hand 
and  the  receipts  from  other  sources,  for  the  above 
purposes         ....... 


$20,000  00 

65,000  00 

1,500  00 


,856,614  47 


Norfolk  County. 

1  For  interest  on  county  debt  ...  $2,500  00 

2  For  reduction  of  county  debt       ....  65,000  00 

3  For  salaries  of  county  officers  and  assistants  41,770  00 

4  For  clerical  assistance  in  county  offices  .  93,300  00 

5  For  salaries  and  expenses  of  district  and  municipal 

courts 155,250  00 

6  For  salaries  of  master  and  keeper,  and  assistants 

and  support  of  prisoners  in  jail  and  house  of 

correction 68.000  00 

7  For  criminal  costs  in  superior  court  52,115  00 

8  For  civil  expenses  in  supreme  judicial,  superior, 

probate  and  land  courts  .....  45  000  00 

10  For  transportation  and  expenses  of  county  and  act- 

ing commissioners  ......  750  00 

11  For  medical  examiners  and  commitments  of  insane  16,000  00 

12  For  auditors,  masters  and  referees         .          .  2,000  00 

13  For  building  county  buildings  and  purchase  of  land  7,500  00 

14  For  repairing,   furnishing  and  improving  county 

buildings 13,376  00 

15  For  care,  fuel,  lights  and  supplies  in  county  build- 

ings, other  than  jail  and  house  of  correction      .  83,800  00 

16  For  highways,  including  state  highways,  bridges 

and  land  damages  ....  54,150  00 

18  For  law  library 2,530  00 

19  For  training  school 6,500  00 

20  For  agricultural  school 129,439  00 

24  For  non-contributory  pensions     ....  7,500  00 

25  For  contributory  retirement  systems              .          .  26,500  00 
25a  For  contributory  retirement  audit         .          .  770  03 

26  For  miscellaneous  and  contingent  expenses,  includ- 

ing insurance           ......  13,000  00 

27  For  unpaid  bills  of  previous  years         .  5,500  00 

31     For  reserve  fund 12,000  00 

33     For  post-war  rehabilitation  fund  75,000  00 

And  the  county  commissioners  of  Norfolk  county 
are  hereby  authorized  to  levy  as  the  county  tax 
of  said  county  for  the  current  year,  in  the  man- 
ner provided  by  law,  the  following  sum  to  be  ex- 
pended together  with  the  cash  balance  on  hand 
and  the  receipts  from  other  sources,  for  the  above 
purposes $727,093  80 


Plymouth  County. 

1  For  interest  on  county  debt 

2  For  reduction  of  county  debt 

3  For  salaries  of  county  officers  and  assistants 

4  For  clerical  assistance  in  county  offices 

5  For  salaries  and  expenses  of  district  courts    . 

6  For  salaries  of  master  and  keeper,  and  assistants 

and  support  of  prisoners  in  jail  and  house  of 
correction       ....... 


$3,900  00 
23,000  00 
35,500  00 
47,600  00 
88,800  00 


101,775  00 


Acts,  1945.  —  Chap.  550. 


563 


Item 

7 
8 

10 

11 


For  criminal  costs  in  superior  court      .  .  .  $40,480  00 

For  ci\'il  expenses  in  supreme  judicial,  superior, 

probate  and  land  courts  .....  37,370  00 

For  transportation  and  expenses  of  county  and 

acting  commissioners       .....  1,000  00 
For  medical  examiners  and  commitments  of  in- 
sane        8,000  00 

For  auditors,  masters  and  referees         .  .  .  3,000  00 

For  repairing,   furnishing  and  improving  county 

buildings 10,000  00 

For  care,  fuel,  lights  and  supplies  in  county  build- 
ings, other  than  jail  and  house  of  correction         .  38,840  00 
For  highways,  including  state  highways,  bridges 

and  land  damages  ......  74,500  00 

For  examination  of  dams    .....  1,000  00 

For  law  Ubraries 3,900  00 

For  training  school     ......  2.000  00 

For  county  aid  to  agriculture       ....  23,575  00 

For  non-contributory  pensions     ....  4,425  00 

For  contributory  retirement  system      .  .  .  18,500  00 

25a  For  contributory  retirement  audit         .  .  .  127  68 

26  For  miscellaneous  and  contingent  expenses,  includ- 

ing insurance  ......  4,850  00 

27  For  unpaid  bills  of  previous  years                   .         .  1,500  00 
31     For  reserve  fund 10,000  00 

And  the  county  commissioners  of  Plymouth  county 
are  hereby  authorized  to  levy  as  the  county  tax 
of  said  county  for  the  current  year,  in  the  manner 
provided  by  law,  the  following  sum  to  be  expended 
together  with  the  cash  balance  on  hand  and  the 
receipts  from  other  sources,  for  the  above  pur- 
poses      $507,642  68 


Worcester  County. 

1     For  interest  on  county  debt      •    .          .          .  $2,560  00 

3  For  salaries  of  county  officers  and  assistants  71,855  00 

4  For  clerical  assistance  in  county  offices          .          .  108,200  00 

5  For  salaries  and  expenses  of  district  courts    .          .  197,300  00 

6  For  salaries  of  master  and  keeper,  and  as.sistants 

and  support  of  prisoners  in  jail  and  house  of 

correction 123,600  00 

7  For  criminal  costs  in  superior  court                .          .  76,700  00 

8  For  civil  expenses  in  supreme  judicial,  superior, 

probate  and  land  courts  .....  89,000  00 

9  For  trial  justices 1,115  00 

10  For  transportation  and  expenses  of  county  and 

acting  commissioners        .....  2,000  00 

11  For  medical  examiners  and  commitments  of  insane  20,000  00 

12  For  auditors,  masters  and  referees         .          .  5,000  00 
13a  For  new  boilers,  boiler  house  and  appurtenances    .  100,000  00 

14  For  repairing,   furnishing  and  improving  county 

buildings 34,230  00 

15  For  care,  fuel,  lights  and  supplies  in  county  build- 

ings, other  than  jail  and  house  of  correction  81,730  00 

16  For  highways,  including  state  highways,  bridges 

and  land  damages  ......  156,250  00 

18  For  law  libraries 15,295  00 

19  For  training  school 48,500  00 

20  For  county  aid  to  agriculture       ....  42,590  00 

22  For  preventorium 3,000  00 

23  For  Mount  Wachusett  State  reservation        .          .  15,000  00 
23a  For  Purgatory  Chasm  State  reservation        .         .  5,500  00 

24  For  non-contributory  pensions     ....  15,000  00 

25  For  contributory  retirement  systems    .         .         .  44,200  00 


664  Acts,  1945.  —  Chap.  551. 

Item 

25a  For  contributory  retirement  audit  $614  08 

26  For  miscellaneous  and  contingent  expenses,  includ- 

ing insurance           ......  9,800  00 

27  For  unpaid  bills  of  previous  years         .         .         .  6,000  00 

31     For  reserve  fund 12,500  00 

33     For  post-war  rehabilitation  fund                     .  75,000  00 

And  the  county  commissioners  of  Worcester  county 
are  hereby  authorized  to  levy  as  the  county  tax 
of  said  county  for  the  current  year,  in  the  manner 
provided  by  law,  the  following  sum  to  be  ex- 
pended together  with  the  cash  balance  on  hand 
and  the  receipts  from  other  sources,  for  the  above 
purposes $1,139,742  04 

Section  2.  No  expense  incurred  for  mid-day  meals  by 
county  employees,  other  than  those  who  receive  as  part  of 
their  compensation  a  non-cash  allowance  in  the  form  of 
full  or  complete  boarding  and  housing,  and  those  employees 
who  are  stationed  beyond  commuting  distance  from  their 
homes  for  a  period  of  more  than  twenty-four  hours,  shall  be 
allowed  by  any  county;  provided,  that  officers  or  employees 
who  have  charge  of  juries  or  who  have  the  care  and  custody 
of  prisoners,  insane  persons  or  other  persons  placed  in  their 
charge  by  a  court  or  under  legal  proceedings  for  transfer  to 
or  from  court  to  an  institution  or  from  institution  to  institu- 
tion and  persons  certified  by  a  district  attorney  as  engaged 
in  investigation  shall  be  reimbursed  for  the  expense  of  mid- 
day meals  when  necessarily  engaged  on  such  duty;  and 
provided,  further,  that  officers  and  employees  in  attend- 
ance at  meetings  and  conferences  called  by  or  for  any  group 
or  class  on  a  state-wide  basis  shall  be  so  reimbursed. 

Section  3.  The  allowance  to  county  employees  for  ex- 
penses incurred  by  them  in  the  operation  of  motor  vehicles 
owned  by  them  or  by  any  member  of  their  immediate  fami- 
lies and  used  in  the  performance  of  their  official  duties  shall 
not  exceed  six  cents  a  mile  except  in  cases  where  a  higher 
allowance  is  specifically  provided  by  statute;  provided, 
that  in  the  case  of  insane  commitments  the  justice  of  the 
court  ordering  the  commitment  may  order  a  higher  rate. 

Approved  July  9,  1945. 


Chap. 551  An  Act  authorizing  the  town  of  rockport  to  pur- 
chase CERTAIN  REAL  PROPERTY  LOCATED  THEREIN  AND 
TO    MAINTAIN    THE    SAME    FOR    ANTIQUARIAN    PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Rockport  is  hereby  authorized 
to  purchase,  at  a  cost  not  exceeding  thirty-six  hundred 
dollars,  the  property  located  in  said  town  and  known  as 
the  Bradley  Wharf,  and  to  maintain  said  property  for  anti- 
quarian purposes. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  July  9,  1945. 


Acts,  1945.  —  Chaps.  552,  553,  554.  565 


An  Act  to  prevent  the  running  of  six  per  cent  inter-  Chav.552 

EST    ON    CLAIMS    AGAINST   THE    COMMONWEALTH    AFTER    AN 
OFFER    OF  JUDGMENT. 

Be  it  enacted,  etc.,  ds  follows: 

Chapter  two  hundred  and  fifty-eight  of  the  General  Laws  g.  l.  (Tct. 
is  hereby  amended  by  inserting  after  section  four,  as  ap-  ne'^w^§^4A, 
pearing  in  the  Tercentenary  Edition,  the  following  section:  added. 
—  Sectiou  If  A .    In  any  action  brought  against  the  common-  interest  not 
wealth  under  any  provision  of  this   chapter  wherein  the  [rcenain'^ 
commonwealth  makes  an  offer  of  judgment  in  accordance  certain '^^^'^ 
with  the  provisions  of  section  seventy-four  of  chapter  two  conditions. 
hundred  and  thirty-one,  if  the  plaintiff  does  not  elect  to 
accept  such  offer  and  does  not  recover  as  damages  an  amount, 
excluding  interest  from  the  date  of  the  offer,  larger  than  the 
amount  so  offered,  the  plaintiff  shall  have  judgment  only 
for  the  amount  actually  recovered  without  interest  thereon 
from  the  date  of  the  offer  and  for  his  costs  as  provided  by 
section  seventy-five  of  said  chapter  two  hundred  and  thirty- 
one.  Approved  July  9,  19J^5. 

An  Act  authorizing  the  county  of  Middlesex  to  pay  a  Chav  553 

SUM  OF  money  to  PATRICK  G.  McCOY  OF  CAMBRIDGE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  discharging  a  moral 
obligation,  the  county  of  Middlesex  may  pay  to  Patrick  G. 
McCoy  of  Cambridge  a  sum  not  exceeding  one  hundred 
dollars,  to  compensate  him  for  expenses  of  hospital  and 
medical  care  and  for  loss  of  compensation  due  to  injuries 
received  by  him  through  the  collapse  of  a  chair  while  he 
was  serving  as  a  juror  in  said  county. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance, during  the  current  year,  by  the  county  commis- 
sioners of  Middlesex  county,  but  not  otherwise. 

Approved  July  9,  1945. 

An  Act  providing  that  the  director  of  the  division  fhn^  554 
OF  the  blind  may  require  certain  applicants  for         ^' 
assistance  to  submit  to  an  examination  by  an  ac- 
credited ophthalmologist. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  sixty-nine  of  the  General  Laws  is  herel)y  amended  Sj^iP""- 
by  inserting  after  section  nineteen  A,  inserted  therein  by  new  '§  i9b, 
section  two  of  chapter  eighty-nine  of  the  acts  of  nineteen  ^'^'^^'^■ 
hundred  and  forty-three,  the  following  section:  —  «Sedion  Examination 
19B.    The  director  may  require  an  applicant  for  assistance  oph*ha1moio- 
under  any  provision  of  this  chapter  to  submit  to  an  exami-  gist  in  car- 
nation by  an  accredited  ophthalmologist,   chosen  by  the  ***"  °*^*''" 
applicant  and  to  be  paid  by  the  division. 

Approved  July  9,  1945. 


566 


Acts,  1945. —  Chaps.  555,  556. 


G.  L.  (Ter. 
Ed.),  Ill, 
§  121, 
amended. 

Treatment 
of  venereal 
diseases  and 
tuberculosis 
in  certain 
institutions. 


Chap. 555  An  Act  relative  to  medical  treatment  of  prisoners 

AFFLICTED    WITH    CERTAIN    COMMUNICABLE    DISEASES. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  eleven  of  the  General  Laws  is 
hereby  amended  by  striking  out  section  one  hundred  and 
twenty-one,  as  appearing  in  the  Tercentenary  Edition,  and 
inserting  in  place  thereof  the  following  section :  —  Section 
121.  An  inmate  of  a  public  charitable  institution  or  a  pris- 
oner in  a  penal  institution  who  is  afflicted  with  syphilis, 
gonorrhoea  or  pulmonary  tuberculosis  shall  be  forthwith 
placed  under  medical  treatment,  and  if,  in  the  opinion  of 
the  attending  physician,  it  is  necessary,  he  shall  be  isolated 
until  danger  of  contagion  is  passed  or  the  physician  deter- 
mines his  isolation  unnecessary.  If  at  the  expiration  of  a 
prisoner's  sentence  he  is  afflicted  with  syphilis,  gonorrhoea 
or  pulmonary  tuberculosis  in  its  contagious  or  infectious 
stages,  or  if,  in  the  opinion  of  the  attending  physician  of  the 
institution  or  of  such  physician  as  the  authorities  thereof 
may  consult,  his  release  would  be  dangerous  to  public  health, 
he  shall  be  placed  under  medical  treatment  in  the  institution 
where  he  has  been  confined.  Thereupon  the  authorities  of 
such  institution  shall  notify  the  department  of  public  wel- 
fare of  his  condition  and  said  department  shall  provide  for 
his  hospitalization  and  medical  care  at  an  institution  until, 
in  the  opinion  of  the  attending  physician  of  the  institution 
wherein  he  is  being  treated,  the  symptoms  have  disappeared 
and  his  release  will  not  endanger  the  public  health.  Notice 
of  a  prisoner's  release  hereunder  to  the  department  of  public 
welfare  shall  be  made  to  the  department  of  public  health. 
The  expense  of  his  support,  not  exceeding  three  dollars  and 
fifty  cents  a  week,  shall  be  paid  by  the  town  where  he  has  a 
settlement,  after  notice  of  the  expiration  of  his  sentence  and 
of  his  condition  to  the  board  of  public  welfare  thereof,  or, 
if  he  is  a  state  charge,  by  the  commonwealth  after  like 
notice  to  the  department  of  public  welfare. 

Approved  July  9,  1945. 

C hap. 55Q  ^^  •^^'^  relative  to  the  collection  of  the  excise  on 

SALES   OF   GASOLINE   AND    CERTAIN   OTHER   MOTOR   VEHICLE 
FUEL. 

Re  in  enacted,  etc.,  as  follows: 

Section  four  of  chapter  sixty-four  A  of  the  General  Laws, 
as  amended  by  section  one  of  chapter  four  hundred  and 
thirty-one  of  the  acts  of  nineteen  hundred  and  thirty-eight, 
is  hereby  further  amended  by  adding  at  the  end  the  follow- 
ing paragraph :  — 

The  commissioner  is  hereby  authorized  to  allow  distribu- 
tors making  returns  and  payments  to  the  commissioner  as 
aforesaid,  as  compensation  for  services  rendered  bj^  such 
distributors  in  compliance  with  the  provisions  of  this  chap- 
ter, an  amount  equal  to  the  actual  cost  of  collecting  the 


Payment 
of  expense. 


G.  L.  (Ter. 
Ed.),64A,  §4, 
etc.,  amended. 


Monthly 
returns  and 
payment  of 
excise. 


Acts,  1945.  —  ChapI  557.  567 

excise,  but  not  exceeding  one  per  cent  of  the  excise  so  col- 
lected and  paid  to  the  commissioner;  provided,  that  no 
distributor  shall  be  entitled  to  receive  any  pajinent  as  com- 
pensation or  otherwise  as  aforesaid  except  in  accordance 
with  such  classification  and  regulations  as  the  commissioner 
may  prescribe,  and  unless  such  distributor  shall,  in  addition 
to  the  return  hereinabove  referred  to,  have  furnished  to 
the  commissioner  any  further  information  required  by  him 
respecting  said  return,  to  be  set  forth  in  such  form  and  with 
such  verification  as  he  may  require  and  approve. 

Approved  July  9,  1945. 

An   Act   fuether   extending   temporary   surtaxes   on  Chap. 557 

CERTAIN   SUBJECTS    OF   EXISTING   TAXATION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  There  is  hereby  imposed,  in  addition  to  the 
taxes  levied  under  the  provisions  of  chapter  sixty-two  of  the 
General  Laws,  and  all  acts  in  amendment  thereof  and  irf 
addition  thereto,  taxes  levied  under  the  provisions  of  sec- 
tion nine  of  chapter  three  hundred  and  seven  of  the  acts  of 
nineteen  hundred  and  thirty-three,  as  amended,  and  taxes 
levied  under  the  provisions  of  sections  thirty  to  sixty,  in- 
clusive, of  chapter  sixty-three  of  the  General  Laws,  and  all 
acts  in  amendment  thereof  and  in  addition  thereto,  an  addi- 
tional tax  equal  to  ten  per  cent  of  the  taxes  assessed  under 
the  provisions  of  said  sections,  acts  and  chapters  in  or  on 
account  of  each  of  the  calendar  years  nineteen  hundred  and 
forty-seven  and  nineteen  hundred  and  forty-eight,  and  all 
provisions  of  law  relative  to  the  assessment,  payment,  col- 
lection and  abatement  of  the  said  taxes  shall  apply  to  the 
taxes  imposed  by  this  section. 

Section  2.  All  property  subject  to  a  legac}^  and  suc- 
cession tax  under  the  provisions  of  chapter  sixty-five  of  the 
General  Laws,  and  of  any  further  amendments  thereof  or 
additions  thereto,  shall  be  subject  to  an  additional  tax  of 
ten  per  cent  of  all  taxes  imposed  by  said  provisions  with 
respect  to  propert}^  or  interests  therein  passing  or  accruing 
upon  the  death  of  persons  who  die  during  the  period  begin- 
ning July  first,  nineteen  hundred  and  forty-six,  and  ending 
December  thirty-first,  nineteen  hundred  and  forty-eight. 
All  provisions  of  law  relative  to  the  determination,  certifica- 
tion, payment,  collection  and  abatement  of  such  legacy  and 
succession  taxes  shall  apply  to  the  additional  tax  imposed 
by  this  section. 

Section  3.  Surtaxes  imposed  hereby  shall  be  in  addi- 
tion to  surtaxes  imposed  by  sections  nine  and  nine  A  of 
chapter  seven  hundred  and  twenty-nine  of  the  acts  of  nine- 
teen hundred  and  forty-one.  In  the  computation  of  sur- 
taxes imposed  hereby,  the  amount  of  surtaxes  imposed  by 
said  sections  shall  be  excluded. 

Section  4.  All  taxes  provided  by  this  act  shall  be  re- 
tained by  the  commonwealth.  Approved  July  9,  19^6, 


568  Acts,  1945.  — Chap.  558. 

Chap.55S  An  Act  authorizing  the  town  of  watertown  to  con- 
vey A  portion  of  the  PARKER  PLAYGROUND  LOCATED  IN 
SAID   TOWN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Watertown  is  hereby  author- 
ized to  convey  the  following  portion  of  the  Parker  play- 
ground located  in  said  town:  Beginning  at  the  southwest- 
erly corner  of  property  located  on  Watertown  street  being 
owned  now  or  formerly  by  Dr.  Joseph  M.  Kelley,  and 
shown  on  Land  Court  Plan  of  Land  in  Watertown,  Mass. 
bj^  Fred  A.  Joyce,  surveyor,  dated  September  23,  1930,  case 
number  14432  A,  said  corner  being  one  hundred  eighty- 
seven  and  twenty  hundredths  feet  southerly  from  the  south- 
erly line  of  Watertown  street;  thence  running  in  an  easterly 
direction  by  various  courses  as  shown  on  said  plan  three 
hundred  ninety  feet;  thence  turning  and  running  north- 
easterlj^  still  by  the  aforesaid  land  and  Lot  1,  Watertown 
street,  eighty-two  feet  more  or  less;  thence  turning  and 
running  still  northeasterly  by  said  lot  1  and  land  now  or 
formerly  of  A.  G.  Morse  et  al.,  thirty  feet,  more  or  less; 
thence  turning  and  running  southeasterly  by  two  courses, 
by  land  of  A.  G.  Morse,  et  al.,  sixteen  feet,  more  or  less; 
thence  running  southwesterly  by  land  now  or  formerly  of 
Cecil  M.  Leacy,  one  hundred  ten  feet,  more  or  less;  thence 
running  southwesterly  by  lot  1,  by  the  following  courses, 
southwesterly,  eleven  and  seventy-four  hundredths  feet; 
southwesterly,  twentj^-seven  feet;  northwesterly,  thirty-six 
feet;  southwesterly,  forty-two  feet;  southeasterly,  twenty- 
eight  feet;  and  southwesterly,  twenty-five  and  eighty-eight 
hundredths  feet,  as  shown  on  land  court  plan  of  land  in 
Watertown,  dated  October  14,  1941,  by  W.  A.  Mason  & 
Son  Co.,  civil  engineers,  case  number  11327  D;  thence  run- 
ning southwesterly  along  the  northerly  line  of  Aldrich  road 
thirty-three  and  ninety-seven  hundredths  feet  as  shown  on 
last-mentioned  plan;  thence  running  southwesterly  by  land 
now  or  formerly  of  S.  Theodore  Sylvestri,  by  various  courses, 
three  hundred  ten  and  sixty-five  hundredths  feet  as  shown 
on  Land  Court  Plan  of  Land  in  Watertown,  Mass.,  dated 
January  30,  1926,  Case  number  11327  A;  thence  running 
northerly  by  a  new  line  across  land  of  the  town  of  Water- 
town,  one  hundred  and  thirty  feet  to  point  of  beginning. 
The  area  enclosed  by  the  above  description  comprises  about 
forty-four  thousand  square  feet  of  land  owned  by  the  town 
of  Watertown,  which  is  shown  in  red  on  a  print  of  the 
assessors  plans,  section  one,  block  seven. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  a  majority  of  the  town  meeting  members  of  the 
town  of  Watertown  present  and  voting  thereon  at  a  meeting 
legally  called  for  the  purpose.  Approved  July  9,  1945. 


Acts,  1945.  —  Chap.  559. 


56Q 


An  Act  establishing  the  basis  of  apportionment  of 
state  and  count y  taxes. 

Be  it  enacted,  etc.,  as  follows: 

The  amount  of  property  and  the  proportion  of  every 
thousand  dollars  of  state  tax  for  each  city  and  town  in  the 
several  counties  of  the  commonwealth,  as  contained  in  the 
following  schedule,  are  hereby  established,  and  shall  consti- 
tute a  basis  of  apportionment  for  state  and  county  taxes 
for  the  years  nineteen  hundred  and  forty-six  to  nineteen 
hundred  and  fifty,  inclusive,  or  until  another  is  made  and 
enacted  by  the  general  court,  to  wit :  — 


ChapM9 


BARNSTABLE   COUNTY. 


Cities  akd  Towns.                                  Property. 

Tax  of 
$1,000. 

Barnstable     ..... 

$28,978,980 

$4   18 

Bourne 

10,944,806 

1  58 

Brewster 

2,357,135 

34 

Chatham 

7,944,594 

1  15 

Dennis 

4,922,252 

71 

Eastham 

1,594,532 

23 

Falmouth 

24,765,020 

3  57 

Harwich 

8,612.531 

1  24 

Mashpee 

1,044,419 

15 

Orleans 

4,997,518 

72 

Provincetown 

7,343,047 

1  06 

Sandwich 

3,189,064 

46 

Truro    . 

1,802,515 

26 

Wellfleet 

2,357,135 

34 

Yarmouth 

7,163,768 

1  03 

Totals     . 

$118,017,316 

$17  02 

BERKSHIRE 

COUNTY. 

Adams  ...... 

$13,013,716 

$1  88 

Alford   . 

367,936 

05 

Backet  . 

987,076 

14 

Cheshire 

1,418,354 

20 

Clarksburg 

996,753 

14 

Dalton  . 

7,895,650 

1   14 

Egremont 

1,109,240 

16 

Florida 

1,582,506 

23 

Great  Barrington 

9,871,900 

1  42 

Hancock 

538,698 

08 

Hinsdale 

1,047,374 

15 

Lanesborough 

1,607,-506 

23 

Lee 

5,734,825 

83 

Lenox    . 

4,999,940 

72 

Monterey 

970,585 

14 

Mount  Washington 

207,982 

03 

New  Ashford           .... 

138,655 

02 

570 


Acts,  1945.  —  Chap.  559. 

BERKSHIRE  COUNTY  —  Concluded. 


CrriBS  AND  Towns. 

Property. 

Tax  of 
$1,000. 

New  Marlborough  .... 

$1,605,345 

$0  23 

North  Adams 

24,144,671 

3  48 

Otis 

765,104 

11 

Peru 

317,936 

05 

Pittsfield 

69,889,174 

10  08 

Richmond 

843,047 

12 

Sandisfield 

762,602 

11 

Savov    . 

260,762 

04 

Sheffield 

1,871,842 

27 

Stockbridge 

5,088,589 

73 

Tyringham 

531,662 

08 

Washington 

235,762 

03 

West  Stockbridge 

1,579,183 

23 

Williamstown 

7,955,430 

1   15 

Windsor 

528,698 

08 

Totals 

$168,868,503 

$24  35 

Acushnet        ..... 

$3,751,180 

$0  54 

Attleboro 

33,208,469 

4  79 

Berkley 

1,062,998 

15 

Dartmouth 

14,210,270 

2  05 

Dighton 

3,813,012 

55 

Easton  . 

5,942,996 

86 

Fairhaven 

12,445,006 

1  80 

Fall  River 

123,706,694 

17  84 

Freetown 

1,733,187 

25 

Mansfield 

9,253,948 

1  33 

New  Bedford 

127,244,377 

18  35 

North  Attleborougl 

1 

12,071,962 

1  74 

Norton 

2,703,772 

39 

Raynham 

2,149,152 

31 

Rehoboth 

3,203,043 

46 

Seekonk 

6,746,576 

97 

Somerset 

15,818,775 

2  28 

Swansea 

4,991,579 

72 

Taunton 

40,436,468 

5  83 

Westport 

6,564,528 

95 

Totals 

$431,057,992 

$62  16 

DUKES  COUNTY. 


Chilmark 
Edgartown 
Gay  Head 
Gosnold 
Oak  Bluffs 
Tisbury 
West  Tisbury 

Totals 


$843,047 
5,378,180 

210,762 
1,371,744 
5.270,307 
6,325,956 

831,930 


$20,231,926 


12 

78 
03 
20 
76 
91 
12 


$2  92 


Acts,  1945.  —  Chap.  559. 

ESSEX  COUNTY. 


571 


Cities  and  Towns. 

Property. 

Tax  of 
$1,000. 

Amesbury       ..... 

S9,990,6.50 

.11    44 

Andover 

20,955,953 

3  02 

Beverly 

42,971,059 

6  20 

Boxford 

1,317,222 

19 

Danvers 

15,472,011 

2  23 

Essex    . 

1,802,515 

26 

Georgetown 

2,149,152 

31 

Gloucester 

39,620,271 

5  72 

Groveland 

1,714,765 

25 

Hamilton 

6,215,676 

90 

Haverhill 

.56,080,188 

8  09 

Ipswich 

8,149,158 

1  18 

Lawrence 

103,336,936 

14  91 

Lynn 

151,194,710 

21  81 

Lynnfield 

5,809,086 

84 

Manchester 

10,-560,807 

1  52 

Marblehead 

25,286,828 

3  65 

Merrimac 

2,173,238 

31 

Methuen 

22,711,929 

3  28 

Middleton 

2,433,023 

35 

Nahant 

5,722,850 

83 

Newbury 

2,565,117 

37 

Newburyport 

13,489,930 

1  95 

North  Andover 

9,386,690 

1  35 

Peabody 

28,494,861 

4  11 

Rockport 

6,476,555 

93 

Rowley 

1,802,515 

26 

Salem 

63,120,514 

9  10 

Salisbury 

3,395,562 

49 

Saugus 

17,446,731 

2  52 

Swampscott   . 

26,905,763 

3  88 

Topsfield 

3,189,064 

46 

Wenham 

4,475,995 

65 

We.'st  Newbury 

1,582,-506 

23 

Totals 

$717,999,830 

$103  59 

FRANKLIN   ( 

::ouNTY. 

Ashfield          ..... 

$1,-525,205 

$0  22 

Bemardston 

1,103,808 

16 

Buckland 

3,196,995 

46 

Charlemont 

1,006,563 

15 

Colrain  . 

1,7-54.249 

25 

Conwav 

1,060,-526 

15 

Deerfield 

4,644,942 

67 

Erving  . 

2,512,889 

36 

Gill 

1,086,099 

16 

Greenfield 

33,341,806 

4  81 

Hawley 

274,349 

04 

Heath 

471,523 

07 

Leverett 

.541,100 

08 

Leyden 

342,936 

05 

Monroe 

1,109,240 

16 

Montague 

11,368,1^9 

1  64 

New  Salem 

367,936 
-- 

05 

572 


Acts,  1945.  —  Chap.  559. 

FRANKLIN  COUNTY  —  Concluded. 


CrriBS  AND  Towns. 

Property. 

Tax  of 
$1,000. 

Northfield 

Orange 

Rowe     . 

Shelburne 

Shutesbury 

Sunderland 

Warwick 

Wendell 

Whately 

$2,119,591 
4,991,579 

762,602 
3,716,047 

421,523 
1,571,744 

421,523 

353,673 
1,455,877 

$0  31 
72 
11 
54 
06 
23 
06 
05 
21 

Totals 

$81,522,514 

1 

$11  77 

HAMPDEN   COUNTY. 

Agawam         ..... 

$10,672,450 

$1  54 

Blandford 

950,221 

14 

Brimfield 

1,178,567 

17 

Chester 

1,471,145 

21 

Cliicopee 

46,975,058 

6  78 

East  Longmeadow 

6,776,216 

98 

Granville 

2,224,766 

32 

Hampden 

1,057,396 

15 

Holland 

277,310 

04 

Holyoke 

90,616,710 

13  07 

Longmeadow 

19,996,004 

2  88 

Ludlow 

9,056,188 

1  31 

Monson 

3,882,339 

56 

Montgomery 

317,936 

05 

Palmer 

9,439,266 

1  36 

Russell 

4,474,928 

65 

South  wick 

2,565,117 

37 

Springfield 

286,363,486 

41  31 

Tolland 

475,110 

07 

Wales    . 

419,594 

06 

West  Springfield 

31,054,868 

4  48 

Westfield 

23,678,418 

3  42 

Wilbraham     . 

3,674,357 

53 

Totals     . 

$557,597,450 

$80  45 

HAMPSHIRE 

COUNTY. 

Amherst         ..... 

$11,633,775 

$1  68 

Belchertown  . 

1,955,792 

28 

Chesterfield    . 

683,203 

10 

Cummington 

623,947 

09 

Easthampton 

12,609,011 

1  82 

Goshen 

446,523 

06 

Granby 

1,109,240 

16 

Hadley 

3,266,435 

47 

Hatfield 

3,268,335 

47 

Huntington    . 

1,180,256 

17 

Middlefield     . 

367.936 

05 

Northampton 

30,592.298 

4  41 

Acts,  1945. —  Chap.  559. 

HAMPSHIRE   COUNTY  —  Concluded. 


572 


CiTiBS  AND  Towns. 


Property. 


Tax  of 
$1,000. 


Pel  ham 
Plainfield 
South  Hadley 
Southampton 
Ware     . 
VVesthampton 
Williamsburg 
Worthington 

Totals     . 


$740,046 

367,936 

10,540,021 

1,274,519 

7,463,536 
415,965 

1,605,991 
843,047 


$90,987,812 


11 
05 
52 
18 
08 
06 
23 
12 


$13  11 


MIDDLESEX 

COUNTY. 

Acton    ...... 

$4,470,756 

$0  65 

Arlington 

63,327,779 

9  13 

Ashby   . 

1,386,550 

20 

Ashland 

3,258,392 

47 

Ayer 

4,243,255 

61 

Bedford 

3,171,805 

46 

Belmont 

57,954,895 

8  36 

Billerica 

9,859,433 

1  42 

Boxborough  . 

415,965 

06 

Burlington     . 

2,639,902 

38 

Cambridge     . 

188,515,872 

27  19 

Carlisle 

1,268,157 

18 

Chelmsford     . 

8,916,746 

1  29 

Concord 

13,803,606 

1  99 

Dracut 

4,991,579 

72 

Dunstable 

485,292 

07 

Everett 

88,165,414 

12  72 

Framingham 

40,078,973 

5  78 

Groton 

4,991,579 

72 

Holliston 

4,226,969 

61 

Hopkinton 

3,727,396 

54 

Hudson 

8,143,059 

1  17 

Lexington 

26,354,606 

3  80 

Lincoln 

4,847,518 

70 

Littleton 

3,267,821 

47 

Lowell  . 

108,160,927 

15  60 

Maiden 

77,119,332 

11  12 

Marlborough 

17,268,288 

2  49 

Maynard 

7,905,617 

1  14 

Medford 

86,696,291 

12  51 

Melrose 

43,827,859 

6  32 

Natick  . 

22,482,880 

3  24 

Newton 

181,961,300 

26  25 

North  Reading 

3,050,409 

44 

Pepperell 

3.327,719 

48 

Reading 

19,856,099 

2  86 

Sherbom 

3,466,374 

50 

Shirley  . 

2,556,218 

37 

Somerville 

122,784,622 

17  71 

Stoneham 

16,420,347 

2  37 

Stow 

1,525,205 

22 

Sudbury 

4,203,275 

61 

Tewksbury 

4,991,579 

72 

.      — 5 

)74 


Acts,  1945.  —  Chap.  559. 

MIDDLESEX  COUNTY  —  Concluded. 


Cities  and  Towns. 

Property. 

Tax  of 
$1,000. 

Townsend       ..... 

$2,703,772 

$0  39 

Tyngsborough 

1,582,506 

23 

Wakefield 

24,960,810 

3  60 

Waltham 

62,078,958 

8  95 

Watertown 

59,318,707 

8  56 

Wayland 

6,332,763 

91 

VVestford 

4,809,930 

69 

Westob 

12,634,820 

1  82 

Wilmington 

4,651,106 

67 

Winchester 

37,874,919 

5  46 

Woburn 

23,747,647 

3  43 

Totals 

$1,520,813,598 

$219  35 

NANTUCKET 

COUNTY. 

Nantucket      ..... 

$14,507,782 

$2  09 

Totals 

$14,507,782 

$2  09 

NORFOLK  COUNTY. 

Avon     ...... 

$2,118,339 

$0  31 

Bellinghara 

3,050,409 

44 

Braintree 

31,968.400 

4  61 

Brookline 

164,949,098 

23  79 

Canton 

10,101,349 

1  46 

Cohasset 

11,063.194 

1  60 

Dedham 

- 

29,105,423 

4  20 

Dover   . 

6,-325,116 

91 

Foxborough 

7,539,747 

1  09 

Franklin 

9,688,968 

1  40 

Holbrook 

3,792,488 

55 

Medfield 

3,304,925 

48 

Medway 

3,674,357 

53 

Millis    . 

3,466,374 

50 

Milton  . 

44,725,770 

6  45 

Needham 

30,261,434 

4  37 

Norfolk 

1,687,042 

24 

Norwood 

30,838,574 

4  45 

Plain  ville 

1,941,170 

28 

Quincy 

145,077,833 

20  93 

Randolph 

8,4.32,118 

1  22 

Sharon  . 

6,648,006 

96 

Stoughton 

10,505,378 

1  52 

Walpole 

19,489,960 

2  81 

Wellesley 

49,542,385 

7  15 

Weatwood 

8,630,467 

1  24 

Weymouth 

57,187,043 

8  25 

Wrentham 

4,622,368 

67 

Totals 

• 

$709,737,735 

1 

$102  41 

Acts,  1945.  —  Chap.  559. 
plymouth  county. 


Cities  and  Towns. 


Property. 


SUFFOLK  COUNTY. 


Boston  . 
Chelsea 
Revere  . 
Winthrop 

Totals 


1,437,779,078 
46,441,609 
42,040,213 
26,644,419 


$1,552,905,319 


Tax  of 
SI, 000. 


Abington 

$6,429,134 

SO  93 

Bridgewater  . 

7,349,734 

1  06 

Brockton 

78,054,984 

11  26 

Carver  . 

3,119,737 

45 

Duxburj' 

8,430,467 

1  22 

East  Bridgewater 

5,568,815 

80 

Halifax 

1,663,860 

24 

Hanover 

5,358,206 

77 

Hanson 

3,050,409 

44 

Hingham 

18,999,428 

2  74 

Hull      . 

17,900,393 

2  58 

Kingston 

5,121,176 

74 

Lakeville 

1,793,268 

26 

Marion 

5,797,739 

84 

Marshfield 

8,955,577 

1  29 

Mattapoisett 

4,115,233 

59 

Middleborough 

10,206,055 

1  47 

Norwell 

2,639,902 

38 

Pembroke 

3,466,374 

50 

Plymouth 

25,422,539 

3  67 

Plympton 

893,047 

13 

Rochester 

1,686,093 

24 

Rockland 

10,285,241 

1  48 

Scituate 

14,731,793 

2  13 

Wareham 

16,371,443 

2  36 

West  Bridgewater 

4,004,472 

58 

Whitman 

9,125,439 

1  32 

Totals     . 

$280,540,558 

$40  47 

$207  39 
6  70 
6  06 
3  84 

$223  99 


575 


WORCESTER 

COUNTY. 

Ashburnham            .          .          .          . 

$1,983,466 

$0  29 

Athol     . 

14,785,913 

2  13 

Auburn 

.    8,186,929 

1  18 

Barre     . 

3,478,189 

50 

Berlin    . 

1,369,021 

20 

Blackstone 

2,773,100 

40 

Bolton  . 

1,247,895 

18 

Boylston 

1,078,808 

16 

Brookfield 

1,538,216 

22 

Charlton 

2,297,156 

33 

Clinton 

12,420,644 

1  79 

Douglas 

2,560,496 

37 

Dudley           .... 

4,093,701 

59 

576 


Acts,  1945. -— Chap.  559. 

WORCESTER  COUNTY  —  Concluded. 


CiTiBS  AND  Towns. 


East  Brookfield 

Fitchburg 

Gardner 

Grafton 

Hardwick 

Harvard 

Holden 

Hopedale 

Hubbardston 

Lancaster 

Leicester 

Leominster 

Lunenburg 

Mendon 

Milford 

Millbury 

Millville 

New  Braintree 

North  Brookfield 

Northborough 

Northbridge 

Oakham 

Oxford  . 

Paxton 

Petersham 

Phillipston 

Princeton 

Royalston 

Rutland 

Shrewsbury 

Southborough 

Southbridge 

Spencer 

Sterling 

Sturbridge 

Sutton  . 

Tempi  eton 

Upton  . 

Uxbridge 

Warren 

Webster 

West  Boylston 

West  Brookfield 

Westborough 

Westminster 

Winchendon  . 

Worcester 

Totals     . 


Property. 


$1,178,567 

55,481,773 

24,570,073 

4,991,579 

1,897,123 

2,639,902 

4,382,143 

7,531,331 

896,634 

2,739.902 

3,972,932 

27,876,040 

2,703,772 

1,632,181 

17,208,868 

6,958,795 

1,056,221 

693,275 

2,936,362 

2,429,536 

11,544,631 

525,110 

3,777,676 

1,285,983 

1,594,532 

415,965 

1,386,550 

843,047 

1,663,860 

11,137,803 

3,813,012 

16,988,677 

4,991,579 

2,439,789 

2,593,217 

2,315,889 

3,546,386 

1,666,378 

8,693,293 

3,327,719 

12,576,893 

3,050,409 

1,602,158 

4,991,579 

2,111,204 

6,123,632 

321,362,930 


$667,960,444 


Acts,  1945.  —  Chaps.  560,  561. 
recapitulation. 


577 


Counties. 

Property. 

Tax  of 
Jl.OOO. 

Barnstable     ..... 

$118,017,316 

$17  02 

Berkshire 

168,868,503 

24  35 

Bristol  . 

431,057,992 

62  16 

Dukes   . 

20,231,926 

2  92 

Essex    . 

717,999,830 

103  59 

Franklin 

81,522,514 

11  77 

Hampden 

557,597,450 

80  45 

Hampshire 

90,987,812 

13  11 

Middlesex 

1,520,813,598 

219  35 

Nantucket 

14,507,782 

2  09 

Norfolk 

709,737,735 

102  41 

Plymouth 

280,540,5.58 

40  47 

Suffolk 

1,552,905,319 

223  99 

Worcester 

667,960,444 

96  32 

Totals 

$6,932,748,779 

$1,000  00 

Approved  July  9,  1945. 


Chap.560 


An  Act  providing  for  the  payment  by  the  common- 
wealth TO  certain  small  towns  of  a  portion  of  the 
expense  incurred  by  them  for  snow  removal  be- 
tween JULY  first,  nineteen  HUNDRED  AND  FORTY-FOUR 
AND  JUNE  THIRTIETH,  NINETEEN  HUNDRED  AND  FORTY- 
FIVE. 

Be  it  enacted,  etc.,  as  follows: 

On  or  before  August  first  in  the  current  year  the  select- 
men of  each  town  eligible  for  state  aid  under  section  twenty- 
six  of  chapter  eighty-one  of  the  General  Laws  shall  certify 
to  the  department  of  public  works  the  amount  of  money 
expended  by  said  town  for  snow  removal  between  July  first, 
nineteen  hundred  and  forty-four,  and  June  thirtieth,  nine- 
teen hundred  and  forty-five.  In  addition  to  any  other  state 
aid  under  said  chapter  eighty-one  or  otherwise,  one  half  of 
the  cost  of  snow  removal  during  said  period,  as  so  certified,- 
shall  be  paid  by  the  commonwealth  to  said  towns  from  such 
amount  or  amounts  as  may  hereafter  be  appropriated  there- 
for from  the  Highway  Fund.  Approved  July  9,  1945. 

An  Act  authorizing  the  division  of  the  blind  in  the  (Jfiaj)  561 
T.T.T,.T,rT„cT.n.Tr„    Qp    education    to    use    federal    funds 


department 
available   in 
blind. 


A    PROGRAM    OF    REHABILITATION    OF    THE 


Be  it  enacted,  etc.,  as  follows: 

Chapter   seventy-four   of 
amended  by  inserting  after  section  twenty-two  B  the  follow-  new  5  22c 
ing  section:  —  Section  22C.    The  division  of  the  blind  in  the  *'^^^^- 
department  of  education  is  hereby  authorized  and  empow-  f^lfa^^for'^^*' 


the    General   Laws   is   herebv  g.  l.  (Ter. 

"     Ed.),  74, 


578  Acts,  1945.  —  Chaps.  562,  563. 

vocational        ered,  subjcct  to  the  approval  of  the  commission  on  adminis- 
o1  the  bifnd"'^     tration  and  finance,  to  receive  and  use  such  federal  funds  as 
may  be  available  in  the  conduct  of  a  program  of  vocational 
rehabilitation  of  the  blind.  Approved  July  9,  19 46. 

Chap.5Q2  An  Act  authorizing  the  department  of  public  works 

TO  CONVEY  CERTAIN  PROPERTY  TO  JOSEPH  PROULX  AND 
ROSE  PROULX  AND  TO  THE  CITY  OF  FALL  RIVER,  WITHOUT 
CONSIDERATION. 

Be  it  enacted,  etc.,  as  follows: 

The  department  of  public  works,  acting  for  and  in  behalf 
of  the  commonwealth,  is  hereby  authorized  and  directed, 
subject  to  the  approval  of  the  governor  and  council,  to  con- 
vey to  Joseph  Proulx  and  Rose  Proulx  of  Fall  River,  and 
to  the  city  of  Fall  River,  without  consideration,  any  interest 
in  land  taken  by  a  joint  board,  acting  under  chapter  four 
hundred  and  sixty-two  of  the  acts  of  nineteen  hundred  and 
three,  under  two  orders  of  taking,  one  dated  October  second, 
nineteen  hundred  and  seven,  and  recorded  in  Fall  River  dis- 
trict registry  of  deeds,  book  one  hundred  and  thirty-four, 
pages  one  hundred  and  sixteen  to  one  hundred  and  nineteen, 
inclusive,  on  October  twelfth,  nineteen  hundred  and  seven, 
and  the  other  dated  July  first,  nineteen  hundred  and  eight, 
and  recorded  in  Fall  River  registry  of  deeds  book  one  hun- 
dred and  twenty-nine,  pages  five  hundred  and  eleven  to  five 
hundred  and  thirteen,  inclusive,  on  July  second,  nineteen 
hundred  and  eight,  and  may  abandon  any  such  interest  in 
the  land  acquired  as  aforesaid;  provided,  that  in  the  opinion 
of  said  department  such  interest  is  no  longer  needed  for  or 
inconsistent  with  the  purposes  for  which  the  land  was  ac- 
quired. Approved  July  9,  1945. 

Chav.bQS  An   Act   further   regulating   reimbursement   by   the 

COMMONWEALTH  TO  CITIES  AND  TOWNS  FOR  CERTAIN 
SCHOOL   SALARIES. 

Be  it  enacted,  etc.,  as  follows: 

G.  L.  (Ter.  Scction  two  of  chapter  seventy  of  the  General  Laws,  as 

§  2,  etc'  amended,  is  hereby  further  amended  by  striking  out  all 

amended.  after  the  first  paragraph  and  inserting  in  place  thereof  the 

three  following  paragraphs :  — 

^eimbureej  (1)  T^o  hundred  dollars  for  every  person  so  employed 

on  full  time       who  is  a  graduate  of  an  approved  normal  school,  teachers 

teariTel-sf  etc.     collcgc  Or  othcr  collegc  and  had  taught  on  full  time  at  least 

two  years  previous  to  said  year  or  whose  preparation  and 

teaching  experience  are  accepted  as  equivalent. 

(2)  One  hundred  and  fifty  dollars  for  every  person  so 
employed  not  included  in  paragraph  (1)  who  has  (a)  satis- 
factorily completed  one  year  of  professional  training  in  an 
approved  normal  school,  teachers  college  or  teachers  train- 
ing school,  and  had  taught  on  full  time  at  least  three  years 
previous  to  said  year;   or  (6)  is  a  graduate  of  an  approved 


Acts,  1945.  — Chap.  564.  579 

normal  school,  teachers  college  or  other  college,  and  had 
taught  on  full  time  for  at  least  one  year  previous  to  said 
year;  or  (c)  whose  preparation  and  teaching  experience  are 
accepted  as  equivalent. 

(3)  One  hundred  dollars  for  every  person  so  employed 
and  not  included  in  paragraph  (1)  or  (2). 

Approved  July  9,  1945. 


An  Act  providing  for  the  reimbursement  of  cities  and  fhfj.j.  t^oA 

TOWNS  FOR  LOSS  OF  TAXES  ON  STATE  LANDS  UNDER  THE      ^' 
CARE  AND  CONTROL  OF  THE  DEPARTMENT  OF  CONSERVA- 
TION. 

Be  it  enacted,  etc.,  as  follows: 

Section  thirteen  of  chapter  fifty-eight  of  the  General  g  l.  (Ter. 
Laws,  as  amended  by  section  twenty  of  chapter  two  hundred  §  13,'  etc.. 
and  fifty-four  of  the  acts  of  nineteen  hundred  and  thirty-  amended. 
three,  is  hereby  further  amended  by  inserting  after  the 
word  "forest"  in  the  eighth  line  the  words:  —  ,  and  of  all 
land  owned  by  the  commonwealth  and  under  the  care  and 
control  of  the  department  of  conservation  and  used  for 
recreational  or  conservation  purposes,  —  and  by  adding 
at  the  end  the  following  sentence:  —  No  reimbursements 
hereunder  on  account  of  lands  owned  by  the  commonwealth 
and  under  the  care  and  control  of  the  department  of  con- 
servation and  used  for  recreational  or  conservation  pur- 
poses shall  be  made  from  the  inland  fisheries  and  game 
fund,  so  called,  —  so  as  to  read  as  follows:  — Section  13.  ^^latnTate 
In  nineteen  hundred  and  thirty-five  and  in  every  fifth  year  and  county 
thereafter  the  commissioner  shall  between  January  first  five^years'^ 
and  June  first  determine  as  of  January  first  the  fair  cash 
value  of  all  land  in  every  town  owned  by  the  commonwealth 
and  used  for  the  purposes  of  a  public  institution,  a  fish 
hatchery,  game  preserve  or  wild  life  sanctuary,  a  state 
military  camp  ground  or  a  state  forest,  and  of  all  land  owned 
by  the  commonwealth  and  under  the  care  and  control  of 
the  department  of  conservation  and  used  for  recreational 
or  conservation  purposes;  and  he  shall  between  January 
first  and  June  first  in  the  year  nineteen  hundred  and  twenty- 
five  and  in  every  fifth  year  thereafter,  determine  as  of  Janu- 
ary first  the  fair  cash  value  of  all  land  in  every  town  held  by 
county  commissioners  for  hospital  purposes  under  sections 
seventy-eight  to  ninety,  inclusive,  of  chapter  one  hundred 
and  eleven.  This  deteiTiiination  shall  be  in  such  detail  as  to 
lots,  subdivisions  or  acreage  as  the  commissioner  may  deem 
necessary,  and  to  assist  him  in  making  it  he  may  require 
oral  or  written  information  from  any  officer  or  agent  of  the 
commonwealth  or  of  any  county  or  town  therein  and  from 
any  other  inhabitant  thereof,  and  may  require  such  informa- 
tion to  be  on  oath.  Such  officers,  agents  and  persons,  so 
far  as  able,  shall  furnish  the  commissioner  with  the  required 
information  in  such  form  as  he  may  indicate,  within  fifteen 


580  Acts,  1945.  —  Chaps.  565,  566,  567. 

days  after  being  so  requested  by  him.  No  reimbursements 
hereunder  on  account  of  lands  owned  by  the  commonwealth 
and  under  the  care  and  control  of  the  department  of  con- 
servation and  used  for  recreational  or  conservation  purposes 
shall  be  made  from  the  inland  fisheries  and  game  fund,,  so 
called.  Approved  July  9,  1945. 

Chap. 565  An  Act  providing  that  state  employees  shall  be  given 

AN  ADDITIONAL  DAY  OFF  DUTY  OR  AN  ADDITIONAL  DAy's 
PAY  WHEN  THEY  ARE  REQUIRED  TO  WORK  ON  A  STATE- 
WIDE  LEGAL   HOLIDAY. 

Be  it  enacted,  etc.,  as  follows: 

G^L.^Ter.  Chapter  thirty  of  the  General  Laws  is  hereby  amended  by 

new  '§  24A,  inserting  after  section  twenty-four,  as  amended,  the  follow- 
Addltionai  ^°^  section :  —  Section  24 A .  If  any  person  employed  by  the 
•day  off° duty,  commonwcalth  is  required  to  work  on  January  first,  Febru- 
pioyi^'^of™"  ^^y  twenty-second,  April  nineteenth,  May  thirtieth,  July 
•common-  fourth,  the  first  Monday  of  September,  October  twelfth, 

quired  t^  Novcmbcr  eleventh,  Thanksgiving  day  or  Christmas  day, 
^ate-w?de  ^r  the  day  following  when  any  of  the  five  days  first  men- 
legai  holiday,  tioned,  or  October  twelfth,  November  eleventh  or  Christ- 
mas day,  occurs  on  Sunday,  he  shall  be  given  an  additional 
day  off,  or,  if  such  additional  day  off  cannot  be  given  by  reason 
of  a  personnel  shortage  or  other  cause,  he  shall  be  entitled 
to  an  additional  day's  pay,  or  if  not  paid  by  the  day  an 
amount  equal  to  one  sixth  of  his  weekly  pay  or  one  twenty- 
fifth  of  his  monthly  pay,  as  the  case  may  be. 

Approved  July  9,  1945. 

Chav.56Q  An  Act  providing  for  the  making  by  the  metropolitan 

DISTRICT  COMMISSION  OF  CERTAIN  IMPROVEMENTS  TO  ALE- 
WIFE  BROOK  IN  THE  CITIES  OF  CAMBRIDGE,  SOMERVILLE 
AND   MEDFORD   AND    IN   THE   TOWN    OF  ARLINGTON. 

Be  it  enacted,  etc.,  a^  follows: 

The  metropolitan  district  commission  is  hereby  author- 
ized and  directed  to  dredge  Alewife  brook  in  the  cities  of 
Cambridge,  Somerville  and  Medford  and  in  the  town  of 
Arlington  and  to  grade  the  property  adjacent  to  said  brook. 
For  said  purposes,  said  commission  may  expend  such  sums, 
not  exceeding,  in  the  aggregate,  forty-two  thousand  dollars, 
as  may  be  appropriated  therefor.     Approved  July  9,  1945. 

Chap. 567  An  Act  relative  to  certain  persons  in  families  re- 
ceiving AID  UNDER  THE  LAW  PROVIDING  AID  TO  DEPEND- 
ENT  CHILDREN. 

Be  it  enacted,  etc.,  as  follows: 

Ed.^iTsT'  Chapter  one  hundred  and  eighteen  of  the  General  Laws 

newj  2a'.         is  hereby  amended  by  inserting  after  section  two,  as  appear- 
ing in  section  one  of  chapter  four  hundred  and  thirteen  of 


Acts,  1945.  —  Chaps.  568,  569.  581 

the  acts  of  nineteen  hundred  and  thirt3^-sLx,  the  following 
section :  —  Section  2 A .     In  establishing  the  amount  of  aid  ^ruin^oth  r 
to  be  granted  to  any  family  for  the  aid  of  one  or  more  de-  persons  to  be 
pendent  children,  the  needs  of  the  following  persons  shall  estiw^n^g 
be  included,  in  addition  to  those  mentioned  in  section  one,  aid°fo?  d^° 
and  shall  also  be  included  in  the  reimbursement  by  the  com-  pendent 
monwealth:  the  husband  or  wife  of  a  parent  if  such  parent  •^^'•'^^°- 
is  married,  and  the  unmarried  brothers  and  sisters  under 
the  age  of  twenty-one  years  of  the  dependent  children  who 
are  living  in  the  home  of  a  parent  and  the  dependent  chil- 
dren. Approved  July  9,  1945. 


ChapMS 


ChapM9 


An  Act  authorizing  the  department  of  public  works 
to  transfer  the  control  of  certain  lands  to  the 
metropolitan  district  commission. 

Be  it  enacted,  etc.,  as  follows: 

The  department  of  pubhc  works,  in  the  name  of  the  com- 
monwealth and  subject  to  the  approval  of  the  governor  and 
council,  may  transfer  to  the  control  of  the  metropolitan  dis- 
trict commission  three  parcels  of  land  in  the  city  of  Boston 
and  two  parcels  of  land  in  the  town  of  Brookline  conveyed 
to  the  commonwealth  in  the  year  nineteen  hundred  and 
thirty-two,  adjoining  the  parkway  or  boulevard  laid  out  by 
said  department  in  the  West  Roxbury  district  of  the  city  of 
Boston  and  town  of  Brookline  under  the  provisions  of  chap- 
ter four  hundred  and  twenty  of  the  acts  of  nineteen  hundred 
and  thirty,  as  amended.  Approved  July  9,  1945. 

An  Act  authorizing  the  register  of  deeds  and  the 
assistant  recorder  of  the  land  court  for  the  county 
of  norfolk  to  furnish  abstract  cards  and  photo- 
static copies  of  recorded  instruments  in  the  nor- 
folk county  registry  of  deeds  and  norfolk  regis- 
try district  of  the  land  court  to  the  board  of 
assessors  of  the  cities  and  towns  of  said  county 
and  to  establish  fees  therefor. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  thirty-six  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  amended  by  inserting  after  section  twenty-four  A,  ne^w'§^2^4B. 
inserted  by  chapter  eighty-nine  of  the  acts  of  nineteen  hun-  added. 
dred  and  forty-one,  the  following  section :  —  Section  24B.  Register,  etc.. 
The  register,  or  said  register  as  the  assistant  recorder  of  Norfolk  to° 
the  land  court  of  the  county  of  Norfolk,  shall,  upon  the  re-  B^rcl'^car'da, 
quest  of  the  board  of  assessors  of  any  city  or  town  in  said  etc.,  to  board 

.  e  .1  11  ^        e  -ji  ij  jOf  assessors 

county,  lurnish  such  board  oi  assessors  with  an  abstract  of  any  city 
card  or  a  photostatic  copy  of  such  instruments  recorded  or  slid*^^unty. 
registered  in  the  registry  of  deeds  or  the  registry  district  of 
the  land  court  of  said  Norfolk  county  as  affect  the  title  to 
real  estate  in  their  respective  cities  or  towns  and  as  are  neces- 
sary for  their  records  for  the  purpose  of  local  real  estate 
taxation. 


582 


Acts,  1945.  —  Chaps.  570,  571. 


Abstract  card 
information. 


G.  L.  (Ter. 
Ed.).  262, 
§  38,  etc., 
amended. 


Abstract 
cards,  fee. 


Instrument 
fee. 


The  abstract  card  referred  to  in  the  preceding  paragraph 
shall  contain  the  following  information :  —  the  name  of  the 
city  or  town  in  which  the  land  is  situated,  the  name  or 
names  of  the  grantor  and  grantee,  the  date,  an  abstract  of 
the  description,  the  lot  number  and  description  of  the  plan, 
if  any,  referred  to,  the  book  and  page  or  certificate  of  title 
number  of  the  record,  and  such  other  information  included 
in  such  instruments  necessary  to  said  boards  of  assessors  for 
its  records. 

Section  2.  Section  thirty-eight  of  chapter  two  hundred 
and  sixty-two  of  the  General  Laws,  as  amended,  is  hereby 
further  amended  by  inserting  after  the  paragraph  contained 
in  the  twenty-third  line,  as  appearing  in  the  Tercentenary 
Edition,  the  two  following  paragraphs:  — 

For  each  abstract  card  referred  to  in  section  twenty- 
four  B  of  chapter  thirty-six,  thirty  cents. 

For  each  photostatic  copy  of  an  instrument,  referred  to 
in  section  twenty-four  B  of  chapter  thirty-six,  forty  cents. 

Approved  July  9,  1945. 


Chap. 570  An  Act  relative  to  the  probative  effect  of  death 

RECORDS. 


G.  L.  (Ter. 
Ed.),  46, 
§  19,  etc., 
amended. 


Clerk's  and 
state  secre- 
tary's record 
to  be  prima 
facie  evidence. 


Effective 
date. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  nineteen  of  chapter  forty-six  of  the 
General  Laws,  as  most  recently  amended  by  section  one  of 
chapter  two  hundred  and  twenty-eight  of  the  acts  of  nine- 
teen hundred  and  forty-three,  is  hereby  further  amended 
by  inserting  after  the  word  "recorded"  in  the  third  line  the 
words: —  ,  but  nothing  contained  in  the  record  of  a  death 
which  has  reference  to  the  question  of  liability  for  causing 
the  death  shall  be  admissible  in  evidence,  —  so  as  to  read 
as  follows:  —  Section  19.  The  record  of  the  town  clerk  rela- 
tive to  a  birth,  marriage  or  death  shall  be  prima  facie  evi- 
dence of  the  facts  recorded,  but  nothing  contained  in  the 
record  of  a  death  which  has  reference  to  the  question  of  lia- 
bility for  causing  the  death  shall  be  admissible  in  evidence. 
A  certificate  of  such  a  record,  signed  by  the  town  clerk  or 
assistant  clerk,  or  a  certificate  of  the  copy  of  the  record 
relative  to  a  birth,  marriage  or  death  required  to  be  kept  in 
the  state  secretary's  office,  signed  by  said  state  secretary  or 
one  of  his  deputies,  shall  be  admissible  as  evidence  of  such 
record. 

Section  2.  This  act  shall  take  effect  on  October  first 
in  the  current  year.  Approved  July  9,  1945. 


Chap.571  An   Act   further   extending   the   time   during   which 

THERE  SHALL  BE  COLLECTED  AN  ADDITIONAL  TAX  ON  SALES 
OF  GASOLINE  AND  CERTAIN  OTHER  MOTOR  VEHICLE  FUEL. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  two  hundred  and  forty-eight  of  the  acts  of  nine- 
teen hundred  and  thirty-two,  as  most  recently  amended  by 


Acts,  1945.  —  Chap.  572.  583 

chapter  two  hundred  and  seventy  of  the  acts  of  nineteen 
hundred  and  forty-three,  is  hereby  further  amended  by 
striking  out,  in  the  fifth  line,  the  word  "forty-six"  and  in- 
serting in  place  thereof  the  word :  —  fifty-two,  —  so  as  to 
read  as  f ollow^s :  —  The  time  during  which  the  additional 
excise  tax  of  one  cent  is  imposed  on  each  gallon  of  fuel,  as 
defined  in  section  one  of  chapter  sixty-four  A  of  the  General 
Laws,  sold  in  the  commonwealth,  is  hereby  extended  to  and 
including  the  thirtieth  day  of  June,  nineteen  hundred  and 
fifty-two,  and  the  provisions  of  section  four  of  chapter  one 
hundred  and  twenty-two  of  the  acts  of  nineteen  hundred 
and  thu'ty-one  shall  apply  to  the  tax  so  imposed  during  such 
extended  period.  Approved  July  9,  1945. 


An  Act  increasing  the  amount  of  payments  to  certain  Chn'n  579 

DEPENDENTS   OF   EMPLOYEES    KILLED    IN   INDUSTRIAL  ACCI- 
DENTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  thirty-one  of  chapter  one  hundred  and  fifty-two  g.  l.  (Ter. 
of  the  General  Laws  is  hereby  amended  by  striking  out  the  f  31'euf' 
second  paragraph,  as  most  recently  amended   by  chapter  amended." 
three  hundred  and  sixty-eight  of  the  acts  of  nineteen  hun- 
dred and  forty-three,  and  inserting  in  place  thereof  the  fol- 
lowing paragraph :  — 

To  the  widow  or  widower,  so  long  as  she  or  he  remains  Death 
unmarried,  fifteen  dollars  a  week  if  and  so  long  as  there  is  no  p^^"*^"*^- 
child  of  the  employee,  who  is  under  the  age  of  eighteen,  or 
over  said  age  and  physically  or  mentally  incapacitated  from 
earning;  to  or  for  the  use  of  the  widow  or  widower  and  for 
the  benefit  of  all  children  of  the  employee,  twenty  dollars  a 
week  if  and  so  long  as  there  is  one  such  child,  and  five  dol- 
lars more  a  week  for  each  such  additional  child;  provided, 
that  in  case  any  such  child  is  a  child  by  a  former  wife  or 
husband,  the  death  benefit  shall  be  divided  between  the 
surviving  wife  or  husband  and  all  living  children  of  the 
deceased  employee  in  equal  shares,  the  surviving  wife  or 
husband  taking  the  same  share  as  a  child.  If  the  widow  or 
widower  dies,  such  amount  or  amounts  as  would  have  been 
payable  to  or  for  her  or  his  own  use  and  for  the  benefit  of  all 
children  of  the  employee  shall  be  paid  in  equal  shares  to  all 
the  surviving  children  of  the  employee.  If  the  widow  or 
widower  remarries,  all  payments  under  the  foregoing  pro- 
visions shall  terminate  and  the  insurer  shall  pay  each  week 
to  each  of  the  children  of  the  employee,  if  and  so  long  aa 
there  are  more  than  five,  his  or  her  proportionate  share  of 
twenty-five  dollars  and  shall  pay  each  of  such  children,  if 
and  so  long  as  there  are  five  or  less,  four  dollars  a  week. 
If  there  is  no  surviving  wife  or  husband  of  the  deceased  em- 
ployee, such  amount  or  amounts  as  would  have  been  payable 
under  this  section  to  or  for  the  use  of  a  widow  or  widower  and 
for  the  benefit  of  all  such  children  of  the  employee,  shall  be 


584  Acts,  1945.  —  Chap.  573. 

paid  in  equal  shares  to  all  such  surviving  children  of  the  em- 
ployee but  no  individual  shall  receive  an  amount  in  excess 
of  fifteen  dollars  a  week.  The  total  amount  of  payments 
and  the  period  of  payments  in  all  cases  under  this  section 
shall  not  be  more  than  seventy-six  hundred  dollars  nor  con- 
tinue for  more  than  four  hundred  weeks,  except  that  pay- 
ment to  or  for  the  benefit  of  children  of  the  deceased  employee 
under  the  age  of  eighteen  shall  not  be  discontinued  prior  to 
the  age  of  eighteen.  When  weekly  payments  have  been 
made  to  an  injured  employee  before  his  death,  compensation 
under  the  foregoing  provisions  of  this  section  shall  begin 
from  the  date  of  the  death  of  the  emploj^ee,  but  shall  not 
amount  to  a  total  of  more  than  seventy-six  hundred  dollars, 
including  such  payments  as  were  made  to  the  injured  em- 
ployee before  his  death,  and  shall  not  continue  for  more  than 
four  hundred  weeks,  including  weeks  during  which  pay- 
ments were  made  to  the  injured  employee  before  his  death, 
except  as  above  provided  in  cases  where  children  of  the 
deceased  employee  continue  to  be  under  the  age  of  eighteen. 

Approved  July  9,  1945. 


Chap.57S  An  Act  providing  for  additional  land  for  the  willard 

BROOK    STATE    FOREST. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  commissioner  of  conservation,  herein- 
after called  the  commissioner,  may  take  by  eminent  domain 
under  chapter  seventy-nine  or  chapter  eighty  A  of  the  Gen- 
eral Laws,  or  acquire  by  gift,  purchase  or  otherwise,  such 
land  or  interests  therein  as  may  be  necessary  for  preserving 
the  forest  growth  and  areas  otherwise  essential  for  recrea- 
tional development  lying  on  both  sides  of  the  Valley  road 
and  Willard  brook  in  the  town  of  Ashby  and  on  both  sides 
of  the  Pearl  Hill  brook  in  the  town  of  Townsend,  comprising 
tracts  of  land  not  exceeding  in  total  area  seven  hundred 
acres.  The  land  so  taken  or  acquired  shall  become  exten- 
sions to  the  present  Willard  Brook  State  Forest  and  shall  be 
under  the  control  and  management  of  the  commissioner. 

Section  2.  The  commissioner  shall  grant  from  time  to 
time  permits  to  owners  of  adjoining  land  to  do  any  work  in 
said  forest  necessary  to  provide  convenient  access  to,  or 
communications  with,  said  adjoining  land. 

Section  3.  Said  land  shall  be  exempt  from  taxation  but 
the  commonwealth  shall  reimburse  the  towns  in  which  said 
land  is  located  for  the  resulting  loss  of  taxable  valuation  in 
the  same  manner  and  to  the  same  extent  as  provided  in 
sections  thirteen  to  seventeen,  inclusive,  of  chapter  fifty- 
eight  of  the  General  Laws. 

Section  4.  For  carrying  out  the  purposes  of  this  act, 
there  may  be  expended  such  sum,  not  exceeding  ten  thou- 
sand dollars,  as  may  be  appropriated  therefor.  Acquisitions 
shall  be  made  under  section  thirty-three  of  chapter  one 


Acts,  1945.  —  Chaps.  574,  575.  585 

hundred  and  thirty-two  of  the  General  Laws,  but  the  limita- 
tion of  price  for  purchase  to  an  average  cost  of  five  dollars 
an  acre,  as  provided  by  said  section  thirty-three,  shall  not 
apply  to  purchases  made  under  authority  of  this  act. 

Approved  July  9, 19J^. 


An  Act  placing  certain  positions  in  the  registry  of  Qhav-^l^ 

MOTOR  vehicles  OF  THE  DEPARTMENT  OF  PUBLIC  WORKS 
IN  THE  OFFICIAL  SERVICE  CLASSIFICATION  OF  CIVIL 
SERVICE. 

Be  it  enacted,  etc.,  as  follows: 

The  positions  of  storeroom  helpers  in  the  registry  of  motor 
vehicles  of  the  department  of  public  works  shall,  upon  the 
effective  date  of  this  act,  be  placed  in  the  official  service 
classification  of  civil  service.  The  persons  employed  in  such 
positions  on  said  effective  date  and  having  a  permanent  or  a 
permanent  recurrent  status  under  the  civil  service  laws  shall 
continue  to  serve  in  such  positions  and  their  tenure  of  office 
shall  be  unlimited,  subject,  however,  to  the  civil  service 
laws,  and  subject  to  their  passing  a  non-competitive  qualify- 
ing examination  to  be  given  by  the  division  of  civil  service. 
Persons  who  do  not  pass  such  an  examination  shall  continue 
to  be  employed  in  their  present  positions,  but  shall  not  be 
subject  to  said  laws  so  far  as  they  apply  to  said  official 
service.  Approved  July  9,  1945. 


An  Act  relating  to  licensing  of  certain  public  enter-  Chap. 57 5 

TAINMENT   ON    SUNDAY. 

Be  it  enacted,  etc.,  as  follows: 

Section  four  of  chapter  one  hundred  and  thirty-six  of  the  o.  l.  (Tm. 
General  Laws  is  hereby  amended  by  inserting  after  the  word  amenilf.'  *  *' 
"entertainment",  in  the  fifth  line,  the  words: —  ,  including 
musical  entertainment  provided  by  mechanical  or  electrical 
means,  —  and  by  striking  out,  in  the  seventh  line,  the  words 
"to  which"  and  inserting  in  place  thereof  the  words:  — 
whether  or  not,  —  so  as  to  read  as  follows:  —  Section  4-  Certain  pub- 
Except  as  provided  in  section  one  hundred  and  five  of  chap-  ments  may" 
ter  one  hundred  and  forty-nine,  the  mayor  of  a  city  or  the  i^ehcenBed. 

,       ,  r        •  ./  /  V  T       ,.  J  .1       Revocation, 

selectmen  oi  a  town  may,  upon  written  application  describ-  etc. 
ing  the  proposed  entertainment,  grant,  upon  such  terms  or 
conditions  as  they  may  prescribe,  a  license  to  hold  on  the 
Lord's  day  a  public  entertainment,  including  musical  enter- 
tainment provided  by  mechanical  or  electrical  means,  in 
keeping  with  the  character  of  the  day  and  not  inconsistent 
with  its  due  observance,  whether  or  not  admission  is  to  be 
obtained  upon  payment  of  money  or  other  valuable  considera- 
tion ;  provided,  that  no  such  license  shall  be  granted  to  have 
effect  before  one  o'clock  in  the  afternoon,  nor  shall  it  have 
effect  unless  the  proposed  entertainment  shall,  upon  appli- 
cation accompanied  by  a  fee  of  two  dollars,  have  been  ap- 


586  Acts,  1945.  —  Chap.  576. 

proved  in  writing  by  the  commissioner  of  public  safety  as 
being  in  keeping  with  the  character  of  the  day  and  not  incon- 
sistent with  its  due  observance.  Any  such  Ucense  may,  after 
notice  and  a  hearing  given  by  the  mayor  or  selectmen  issuing 
the  same,  or  by  said  commissioner,  be  suspended,  revoked  or 
annulled  bj^  the  officer  or  board  giving  the  hearing. 

Approved  July  9,  191^5. 

The  Commonwealth  of  M.^-ssachu^etts. 
Executive  Department,  State  House, 

Boston,  July  30,  1945. 

Honorable  Frederic  W.  Cook,  Secretary  of  the  Commonwealth. 

Sir:  —  I,  Maurice  J.  Tobin,  by  virtue  of  and  in  accord- 
ance with  the  provisions  of  the  Forty-eighth  Amendment  to 
the  Constitution,  "The  Referendum  II,  Emergency  Meas- 
ures", do  declare  that  in  my  opinion,  the  immediate  preser- 
vation of  the  public  peace,  health,  safety  or  convenience 
requires  that  the  law  passed  on  the  9th  day  of  July  in  the 
year  nineteen  hundred  and  forty- five  entitled,  "An  Act 
Relating  to  Licensing  of  Certain  Public  Entertainment  on 
Sunday"  should  take  effect  forthwith  and  that  it  is  an 
emergency  law  and  that  the  facts  constituting  the  emer- 
gency are  as  follows : 

Because  the  deferred  operation  will  unnecessarily  prolong 
the  time  during  which  certain  forms  of  musical  entertain- 
ment may  be  held  on  the  Lord's  Day  without  being  required 
to  be  approved  and  licensed  by  public  authorities. 
Very  truly  yours, 

Maurice  J.  Tobin, 
Governor  of  the  Commonwealth. 


Office  of  the  Secretary,  Boston,  July  31,  1945. 

I  hereby  certify  that  the  accompanying  statement  was 
filed  in  this  office  by  His  Excellency  the  Governor  of  the 
Commonwealth  of  Massachusetts  at  nine  o'clock  and  forty- 
five  minutes,  a.m.,  on  the  above  date,  and  in  accordance 
with  Article  Forty-eight  of  the  Amendments  to  the  Consti- 
tution said  chapter  takes  effect  forthwith,  being  chapter 
five'  hundred  and  seventy-five  of  the  acts  of  nineteen  hun- 
dred and  forty-five. 

F.  W.  Cook, 
Secretary  of  the  Commonwealth. 

Chap.57Q  An  Act  relative  to  expenditures  for  the  care,  main- 
tenance AND  repair  of  TUBERCULOSIS  HOSPITALS  IN 
CERTAIN    COUNTIES. 

prTwDbi""^  Whereas,   The  deferred  operation  of  this  act  would  result 

in  unnecessarily  extending  the  period  during  which  expendi- 
tures by  certain  counties  for  tuberculosis  hospital  purposes 
would  be  made  without  express  authorization  therefor  by 
the  general^court,  therefore  this  act  is  hereby  declared  to 


Acts,  1945.  —  Chap.  576. 


587 


be  an  emergency  law,  necessarj^  for  the  immediate  preserva- 
tion of  the  pubUc  convenience. 

He  a  enacted,  etc.,  as  follows: 

The  county  commissioners  of  the  counties  hereinafter 
specified  are  herebj^  authorized  to  expend  for  the  year  nine- 
teen hundred  and  forty-five  the  sums  set  forth  for  the  care, 
maintenance  and  repair  of  the  county  tuberculosis  hospitals 
within  their  respective  counties,  and  to  assess  the  same  in 
the  manner  set  forth  in  section  eighty-five  of  chapter  one 
hundred  and  eleven  of  the  General  Laws,  as  amended.  In 
case  of  extraordinary  or  unforeseen  emergencies  the  director 
of  accounts,  at  the  request  of  the  county  commissioners  of 
any  such  county,  may  authorize  expenditures  in  excess  of 
any  particular  item;  provided,  that  another  item  or  items 
of  expenditure  shall  be  reduced  by  an  equivalent  amount. 


Bristol  County 


Item 
1. 


4. 


For  total  expenditures 

Hampshire  County, 
For  administration : 

(a)  Salaries       .... 

(b)  Other  expenses     . 
For  maintenance  and  operation: 

(a)  Salaries  and  wages 
(h)  Other  expenses     . 

For  other  health  services: 

(b)  Clinics  and  other  extra-mural 
For  contributory  retirement  system 
For  interest  .... 

For  total  expenditures 


For  administration : 

(a)  Salaries       ...... 

(6)  Other  expenses     ..... 

2.      For  maintenance  and  operation : 

fa)  Salaries  and  wages        .... 

(b)  Other  ex-penses     ..... 
.3.      For  additions  and  improvements  (in  excess  of  $1,000) 
.^.      For  contributory  retirement  system 

6.      For  interest  .  .  •.-.•. 

7A.    For  temporary  loan  on  account  of  hurricane  in  nine 
teen  hundred  and  forty-four 

For  total  expenditures 


Essex  County. 
For  administration : 

(a)  Salaries       .... 

(b)  Other  expenses     . 

For  maintenance  and  oi)eration: 

(a)  Salaries  and  wages 
(6)  Other  expenses     . 

For  other  health  services: 

(b)  Clinics  and  other  extra-mural 
For  contributory  retirement  system 
For  interest  .... 
For  sewer  assessment    . 


$8,740  00 
1,800  00 

80,720  00 

90,000  00 

6,000  00 

6,094  00 

515  56 

1,000  00 


$194,869  56 

$18,800  00 

5,000  00 

228,500  00 

295,750  00 

300  00 

21,468  59 

1,600  00 

4,300  00 

$575,718  59 

$8,700  00 

1,500  00 

42,000  00 

.50,000  00 

900  00 

4,315  00 

140  00 

$107,555  00 


588 


Acts,  1945.  —  Chap.  .576. 


Item 
1. 


2. 


Middlesex  Countt. 

For  administration : 

(o)  Salaries       .... 

(b)  Other  expenses     . 
Maintenance  and  operation : 

(a)  Salaries  and  wages 

(b)  Other  expenses     . 
For  other  health  services: 

(6)  Clinics  and  other  extra-mural 
For  contributory  retirement  system 
For  interest  .... 

For  total  expenditures 


$22,000  00 
5,700  00 

375,500  00 
272,400  00 

3,000  00 

27,100  00 

5,000  00 

.$710,700  00 


Norfolk  County. 

1 .  For  administration : 

(a)  Salaries       ....... 

(b)  Other  expenses     ...... 

2.  For  maintenance  and  operation: 

(a)  Salaries  and  wages        ..... 

(b)  Other  expenses     ...... 

3.  For  additions  and  improvements  (in  excess  of  $1,000) 

4.  For  other  health  services : 

(6)  Clinics  and  other  extra-mural 

5.  For  contributory  retirement  system 

6.  For  interest  ...... 

For  total  expenditures  .... 


$11,200 
2,000 

00 
00 

125,400 

105,000 

5,000 

00 
00 
00 

500 
9,600 
1,000 

00 
00 
00 

$259,700  00 

Plymouth  County. 

1 .  For  administration : 

(a)  Salaries       .         .         .         .          .          .          .  $16,303  70 

(6)  Other  expenses 1,837  73 

2.  For  maintenance  and  operation: 

(a)  Salaries  and  wages        .....  109,129  03 

(b)  Other  expenses 75,720  63 

3.  For  additions  and  improvements  (in  excess  of  $1,000)  5,000  00 

4.  For  other  health  services : 

(o)  Preventorium 1,800  00 

(b)  Clinics  and  other  ex-tra-mural         .          .          .  6,468  00 

5.  For  contributory  retirement  system         .         .         .  8,309  00 

6.  For  interest 800  00 

For  total  expenditures           ....  $225,368  09 


Worcester  County. 

For  administration : 

(a)  Salaries       .         .  .         .         .         . 

(b)  Other  expenses     ..... 
For  maintenance  and  operation: 

(a)  Salaries  and  wages        .... 

(b)  Other  expenses     ..... 
For  additions  and  improvements  (in  excess  of  $1,000) 
For  contributory  retirement  system 
For  interest  ...... 


$19,758  16 
2,978  43 

112,162  07 

100,373  83 

5,003  00 

11,409  00 

1,150  00 


For  total  e.xpenditures 


.    $252,834  49 
Approved  July  10,  1945. 


Acts,  1945.  — Chap.  577.  589 


An  Act  providing  for  examination  op^  the  books  of  Chav>577 

AFFILIATED    COMPANIES    OF   COMMON    CARRIERS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  fifty-nine  of  the  General  Laws  g.  l.  (Tw. 
is  hereby  amended  by  inserting  after  section  thirty-four  the  new  5  34A, 
following  section :  —  Section  34A.    (a)  The  department  shall  *'^^^^- 
have  general  supervision  of  every  affiliated  company,  as  here-  oomp^anies 
inafter  defined,  with  respect  to  all  relations,  transactions  c[rr?™8™8ub- 
and  deahngs,  direct  or  indirect,  with  the  carrier  with  which  ject  to  general 
it  is  affiliated  which  affect  the  operations  of  such  carrier,  of^he^'"" 
and  shall  make  all  necessary  examination  and  inquiries  and  department. 
keep  itself  informed  as  to  such  relations,  transactions  and 
dealings  as  have  a  bearing  upon  the  rates,  financial  condi- 
tion and  practices  of  such  carrier.     Such  relations,  trans- 
actions and  dealings,  including  any  pajTiients  by  a  carrier 
to  such  an  affiliated  company  or  by  such  an  affiliated  com- 
pany to  a  carrier  for  property  owned,  leased  or  used  by  such 
carrier  or  such  affiliated  company  for  transportation  pur- 
poses shall  be  subject  to  review  and  investigation  by  the 
department  in  any  proceeding  brought  under  this  chapter 
or  under  chapter  one  hundred  and  fifty-nine  A,  one  hundred 
and  sixty  or  one  hundred  and  sixty-one,  and  the  depart- 
ment may  order  such  affiliated  company  to  be  joined  as  a 
part}^  respondent  with  such  carrier  in  such  a  proceeding. 

(6)  Every  affiliated  company  having  such  relations,  trans- 
actions and  dealings  with  the  carrier  with  which  it  is  affili- 
ated shall  make  such  annual  or  periodic  reports,  and  in  such 
form,  as  the  department  may  by  regulation  prescribe,  in 
order  to  give  the  department  effective  supervision  over  all 
such  relations,  transactions  and  dealings. 

(c)  Officers  and  employees  of  the  department  may  be 
authorized  by  it  to  examine  the  books,  contracts,  records, 
documents  and  memoranda  or  the  phj^sical  property  of  any 
affiliated  company  of  a  company  subject  to  this  chapter  or 
chapter  one  hundred  and  fifty-nine  A  with  respect  to  any 
relations,  transactions  or  dealings,  direct  or  indirect,  be- 
tween such  affiliated  company  and  any  companj^  so  subject, 
and,  for  any  examination  so  authorized,  shall  be  entitled  to 
full  access  to  the  subject  matter  thereof.  No  such  officer  or 
employee  shall  divulge  any  fact  or  information  coming  to 
his  knowledge  during  the  course  of  such  examination  unless 
directed  by  the  department  or  by  the  court,  or  authorized 
by  law. 

(d)  For  the  purposes  of  this  section,  the  words  "affiliated 
companies"  sliall  include  any  corporation,  society,  trust, 
association,  partnership  or  individual  (a)  controlling  a  com- 
pany subject  to  this  chapter,  or  chapter  one  hundred  and 
fifty-nine  A.  either  directly,  by  ownership  of  a  majority  of 
its  voting  stock  or  of  such  minority  thereof  as  to  give  it 
substantia]  control  of  such  company,  or  indirectly,  by  owner- 
ship of  such  majority  or  minority  of  the  voting  stock  of  an- 


590 


Acts,  1945.  —  Chap.  578. 


Compliance 
under  juris- 
diction of 
supreme 
judicial  court 
in  equity. 


other  corporation,  society,  trust  or  association  so  controlling 
such  company;  or  (b)  so  controlled  by  a  corporation,  soci- 
ety, tmst,  association,  partnership  or  individual  controlling 
as  aforesaid,  directly  or  indirectly,  the  company  subject  to 
such  chapter;  or  (c)  standing  in  such  a  relation  to  a  com- 
pany subject  to  such  chapter  that  there  is  an  absence  of 
equal  bargaining  power  between  the  corporation,  society, 
trust,  association,  partnership  or  individual  and  the  com- 
pany so  subject,  in  respect  to  their  dealings  and  transactions, 
(e)  The  supreme  judicial  court  shall  have  jurisdiction  in 
equity  to  enforce  compliance  with  this  section  and  with  all 
orders  of  the  department  made  under  authority'  thereof. 

Approved  July  10,  1943. 


C hap. 57S  An  Act  regulating  the  setting  aside  of  verdicts,  and 

THE  granting   OF  NEW  TRIALS,   WHEN  DAMAGES  AWARDED 
ARE    INADEQUATE. 


G.  L.  (Ter. 
Ed.),  231. 
§  127, 
amended. 


New  trial 
under  certain 
conditions. 


G.  L.  (Ter. 
Ed.),  231, 
§  128, 
amended. 


Be  it  enacted,  etc.,  asfolloivs: 

Section  1.  Section  one  hundred  and  twenty-seven  of 
chapter  two  hundred  and  thirty-one  of  the  General  Laws,  as 
appearing  in  the  Tercentenary  Edition,  is  hereby  amended 
by  adding  at  the  end  the  following  sentence :  —  A  verdict 
shall  not  be  set  aside  solely  on  the  ground  that  the  damages 
are  inadequate  until  the  parties  have  first  been  given  an 
opportunity  to  accept  an  addition  to  the  verdict  of  such 
amount  as  the  court  adjudges  reasonable,  —  so  as  to  read 
as  follows:  —  Section  127.  The  court  may,  at  any  time  be- 
fore judgment,  set  aside  the  verdict  in  a  civil  action  and 
order  a  new  trial  for  any  cause  for  which  a  new  trial  may  by 
law  be  granted;  but  a  verdict  shall  not  be  set  aside  except 
on  written  motion  by  a  party  to  the  cause,  stating  the  rea- 
sons relied  upon  in  its  support,  filed  and  heard  after  notice 
to  the  adverse  party  according  to  the  rules  of  the  court.  A 
verdict  shall  not  be  set  aside  as  excessive  until  the  prevail- 
ing party  has  first  been  given  an  opportunity  to  remit  so 
much  thereof  as  the  court  adjudges  is  excessive.  A  verdict 
shall  not  be  set  aside  solely  on  the  ground  that  the  damages 
are  inadequate  until  the  parties  have  first  been  given  an 
opportunity  to  accept  an  addition  to  the  verdict  of  such 
amount  as  the  court  adjudges  reasonable. 

Section  2.  Section .  one  hundred  and  twenty-eight  of 
said  chapter  two  hundred  and  thirty-one,  as  so  appearing, 
is  hereby  amended  by  striking  out,  in  the  second  line,  the 
words  "the  preceding  section"  and  inserting  in  place  thereof 
the  words :  —  section  one  hundred  and  twenty-seven,  —  by 
striking  out,  in  the  seventh  line,  the  words  "either  inadequate 
or",  —  and  by  adding  at  the  end  the  following  sentence:  — 
If  it  appears  from  the  statement  that  the  sole  ground  for 
granting  the  motion  was  that  the  damages  awarded  were 
inadequate,  the  court  in  its  discretion  may  grant  either  a 
new  trial  of  the  whole  case  or  a  new  trial  limited  to  the 
question  of  the  amount  of  damages,  —  so  as  to  read  as  fol- 


Acts,  1945. —  Chaps.  579,  580.  591 

lows:  —  Section  128.     Whenever  a  verdict  is  set  aside  and  new'^f^V'to 
a  new  trial  granted  under  section  one  hundred  and  twenty-  be  stated  in 
seven,  the  justice  granting  the  motion  for  the  new  trial  shall  °'''^*"''  ^^''' 
file  a  statement  setting  forth  fully  the  grounds  upon  which 
the  motion  is  granted,  which  statement  shall  be  a  part  of 
the  record  of  the  case.     If  it  appears  from  the  statement 
that  the  sole  ground  for  granting  the  motion  was  that  the 
damages  awarded  were  excessive,  then  the  new  trial  shall 
be  limited  to  the  question  of  the  amount  of  damages.    If  it 
appears  from  the  statement  that  the  sole  ground  for  grant- 
ing the  motion  was  that  the  damages  awarded  were  inade- 
quate, the  court  in  its  discretion  may  grant  either  a  new 
trial  of  the  whole  case  or  a  new  trial  limited  to  the  question 
of  the  amount  of  damages. 

Section  3.    This  act  shall  take  effect  on  November  first  ff^g'''^'^'' 
in  the  current  yeax.  Approved  July  10,  1945. 

An  Act  relative  to  payments  by  the  commonwealth  Qjid^  579 
TO  cities  and  towns  in  reimbursement  for  certain  ^' 

SCHOOL   expenses. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter   seventy   of   the   General   Laws   is  g.  l.  (Ter 
hereby  amended  by  inserting  after  section  six  the  following  ne''w''§^6A 
section:  —  Section  6 A.     All  amounts  paid  to  towns  under  added. 
Part  I  of  this  chapter  shall,  at  the  time  of  payment  to  the  ^lenrj^j'''^" 
treasurers  of  the  respective  towns,  be  accompanied  by  a  towns  to  be 
written  statement  from  the  state  treasurer  designating  said  by^a'^it'ten 
amounts  as  "part  reimbursement  for  school  expenditures,  ^tatf-ment. 
according  to   chapter   seventy.    Part   I,"   and   stating   the 
amounts  of  the  payments. 

Section  2.     Said    chapter    seventy    is    hereby    further  g.  i-.  (Ter. 
amended  by  inserting  after  section  seventeen  the  following  f'^lyjj^^^^l^ 
section :  —  Section  1 7 A .     All  amounts  paid  to  towns  under  certain  pay- 
Part  II  of  this  chapter  shall,  at  the  time  of  payment  to  the  [''J'^^l  1°  ^^ 
treasurers  of  the  respective  towns,  be  accompanied  by  a  accompanied 
written  statement  from  the  state  treasurer  designating  said  statlment.^" 
amounts  as  "allotment  from  the  Massachusetts  School  Fund 
according  to  chapter  seventy.   Part  II,"  and  stating  the 
amounts  of  the  pa^Tnents.  Approved  July  10,  194-5. 

An  Act  transferring  certain  powers  and  duties  of  nhf^j.  con 
the  division  of  personnel  and  standardization  and  P-Oo 

THE  director  THEREOF  TO  THE  STATE  PURCHASING  AGENT 
AND  TO  THE  CHAIRMAN  OF  THE  COMMISSION  ON  ADMINIS- 
TRATION  AND    FINANCE. 

Be  it  enacted,  etc.,  as  follows. • 

Section  1.     The  first  paragraph  of  section  one  of  chap-  g.  l.  (Ter. 
ter  five  of  the  General  Laws,  as  most  recently  amended  by  f'{^^'^^^ 
chapter  four  hundred  and  twenty-eight  of  the  acts  of  nine-  amended. 
teen  hundred  and  forty-one,  is  hereby  further  amended  b}' 
striking  out,  in  the  first  line,  the  words  "division  of  per- 


592 


Acts,  1945.  —  Chap.  580. 


State  print- 
ing, etc., 
supervision. 


G.  L.  (Tnr. 
Kd.),  5. 
S  6,  etc., 
Bmendefl. 


Publication 
of  annual 
reports  bh 
public 
documents. 


G.  L.  (Tcr. 
Ed.).  6,  §  8, 
amended. 


Oflicial  text 
books,  case 
books,  and 
technical 
reports,  de- 
termination. 


DiBtribution. 


sonnel  and  standardization"  and  inserting  in  place  thereof 
the  words:  —  state  purchasing  agent,  —  and  by  striking 
out,  in  the  third  Unc,  the  word  "its"  and  inserting  in  place 
thereof  the  word :  —  his,  —  so  as  to  read  as  follows :  —  The 
state  purchasing  agent  shall  supervise  the  state  printing 
and  all  publications  by  the  commonwealth  shall  be  printed 
under  his  direction;  provided,  that  the  foregoing  provisions 
shall  not  apply  to  topographic  maps  issued  by  state  de- 
partments, to  legislative  printing  or  to  publications  required 
to  be  issued  by  the  state  secretary  under  sections  two  to 
four,  inclusive,  or  under  chapter  ninety  of  the  resolves  of 
nineteen  hundred  and  twenty  or  any  other  special  provision 
of  law.  All  publications  by  the  commonwealth  shall  be 
distributed  under  the  direction  of  the  state  secretary  unless 
otherwise  provided. 

Section  2.  Section  six  of  said  chapter  five,  as  most 
rcicently  amended  by  section  one  of  chapter  three  hundred 
and  forty-four  of  the  acts  of  nineteen  hundred  and  forty- 
three,  is  hereby  further  amended  by  striking  out,  in  the 
fifth  and  sixth  lines,  the  words  "division  of  personnel  and 
standardization"  and  inserting  in  place  thereof  the  words:  — 
state  purchasing  agent,  —  so  as  to  read  as  follows :  —  Sec- 
tion 6.  All  reports  required  to  be  made  by  permanent  state 
departments,  officers  and  commissions  may,  subject  to  the 
approval  of  the  commission  on  administration  and  finance 
and  except  as  otherwise  provided,  be  printed  annually. 
The  state  purchasing  agent  shall  designate  the  number  of 
copies  of  each  report  to  be  printed.  The  department, 
officer  or  commission  required  to  make  an  annual  report 
may,  with  the  approval  of  the  commission  on  administra- 
tion and  finance,  authorize  the  printing  and  distribution  of 
such  reports  or  parts  thereof  by  outside  agencies;  provided, 
that  any  such  publications  shall  not  be  offered  for  sale. 

Section  3.  Section  eight  of  said  chapter  five,  as  ap- 
pearing in  the  Tercentenary  Edition,  is  hereby  amended  by 
striking  out,  in  the  first  and  second  lines,  the  words  "di- 
rector of  the  division  of  personnel  and  standardization"  and 
inserting  in  place  thereof  the  words:  —  state  purchasing 
agent,  —  by  striking  out,  in  the  sixth  and  seventh  lines,  the 
word  "director"  and  inserting  in  place  thereof  the  words:  — 
state  purchasing  agent,  —  and  by  striking  out,  in  the 
twelfth  line,  the  words  "the  preceding  section"  and  insert- 
ing in  place  thereof  the  words:  —  section  seven,  —  so  as  to 
read  as  follows:  —  Section  8.  When  in  the  opinion  of  the 
state  purchasing  agent,  a  state  pubUcation  is  not  of  sufficient 
public  benefit  to  be  distributed  free  of  charge,  he  may 
declare  such  publication  to  be  an  official  text  book,  case 
book  or  technical  report;  provided,  that  the  status  of  such 
publication  has  not  aln^ady  been  determined  by  the  general 
court.  An  appeal  from  the  decision  of  the  state  purchasing 
agent  shall  lie  to  the  committee  of  the  executive  council 
appointed  to  consider  matters  of  finance,  whose  decision 
shall  be  final.    Text  books,  case  books  or  technical  reports 


Acts,  1945. —  Chap.  580.  593 

shall  be  distributed  exclusively  by  the  state  secretary.  They 
shall  be  distributed  free  of  charge,  but  only  upon  written 
request,  to  such  persons  and  in  such  numbers  as  are  men- 
tioned in  section  seven,  or  for  the  purpose  of  exchange  with 
other  states;  provided,  that  a  number  of  copies,  not  to 
exceed  one  hundred,  of  such  text  books,  case  books  or  tech- 
nical reports,  may  be  retained  by  the  state  secretary  for 
free  distribution  to  state  departments,  or  otherwise  as  he 
may  deem  necessary.  They  may  be  delivered  to  other 
persons  only  upon  receipt  of  a  sum  equal  at  least  to  the 
estimated  cost  thereof,  as  determined  by  the  comptroller. 

Section  4.     Section  twenty-nine  of  chapter  seven  of  the  o.  l.  (Tct. 
General    Laws,   as   so   appearing,    is   hereby   amended   by  amended*  ^^' 
striking  out,  in  the  fifth  line,  the  words  "division  of  per- 
sonnel and  standardization  which"  and  inserting  in  place 
thereof  the  words:  —  state  purchasing  agent  who,  —  and 
by  striking  out,  in  the  tenth  line  and  in  the  eleventh  line, 
the  words  "said  division"  and  inserting  in  place  thereof,  in 
each  instance,  the  words :  —  the  state  purchasing  agent,  — 
so  as  to  read  as  follows :  —  Section  29.     All  departments,  Division  to 
officers  and  commissions  before  entering  upon  the  prepara-  \^\n'7\ltT'' 
tion  of  any  annual  or  special  report,  document  or  other  {'yf"/'"""*^ 
publication  issued  by  or  on  behalf  of  the  commonwealth  publication. 
shall  submit  careful  statements  of  the  scope,  and  estimates 
of  the  size,  of  such  publication  to  the  state  purchasing  agent 
who  shall  examine  them  and  define  the  form  and  extent  of 
such  publication,  determining  tlic  number  of  pages  to  which 
it  may  extend  and  whether  it  shall  include  maps,  plans, 
photogravures,    woodcuts   or   other   illustrations;     and    no 
such  publication  shall  be  printed  unless  it  bears  the  certified 
approval  of  the  state  purchasing  agent.    An  appeal  may  be  Appeal. 
taken  from  any  decision  of  the  state  purchasing  agent  here- 
under to  the  finance  committee,  whose  decision  shall  be 
final.    This  section  shall  not  apply  to  publications  issued  by  Exceptions. 
the  officers  of  either  branch  of  the  general  court,  or  issued 
under  special  authority  given  by  the  general  court,  or  to 
the  regular  annual  reports  of  the  attorney  general,  state 
treasurer,  state  auditor  or  state  secretary,  or  to  reports  of 
capital  trials  prepared  by  the  attorney  general  under  sec- 
tion eleven  of  chapter  twelve,  or  to  publications  prepared 
by  the  state  secretary  in  conformity  with  sections  two  and 
four  of  chapter  five. 

Section  5.     Section  thirty  A  of  chapter  thirty  of  the  o.  l.  (Xer. 
General   Laws,   as   so   appearing,    is   hereby   amended   by  f  aoX^'*' 
striking  out,  in  the  first  and  second  linos,  the  words  "di-  ""'ended, 
rector  of  personnel  and  standardization"  and  inserting  in 
place  thereof  the  words:  —  chairman  of  the  commission  on 
administration  and  finance,  —  so  as  to  read  as  follows:  — 
Section  SO  A.     The   state   secretary,   the   chairman   of   the  Uniform 
commission  on  administration  and  finance  and  the  state  he^dinLa  for 
purchasing  agent  shall,  after  consultation  with  state  officers,  fj^lffiJe^j, 
heads  of  departments  and  superintendents  of  institutions, 
determine  a  uniform  style  of  headings  for  letterheads  to 


594 


Acts,  1945.  —  Chap.  580. 


G.  L.  (Ter. 
Ed.),  30.  §  35, 
amended. 


Special  re- 
ports, when 
made. 
Appeals. 


G.  L.  (Ter. 
Ed.),  66,  § 
amended. 


Duties  of 
supervisor  of 
public  records. 


Keeping  and 
preservation. 


G.  L.  (Ter. 
Ed.),  149, 
§  170, 
amended. 


Statistics  of 
labor  and 
manufac- 
tures. 


be  used  by  all  executive  and  administrative  officers  and 
departments  and  all  institutions;  but  other  styles  may  be 
authorized  in  limited  quantities  for  special  purposes. 

Section  6.  Section  thirty-five  of  said  chapter  thirty, 
as  so  appearing,  is  hereby  amended  by  striking  out,  in  the 
second  line,  the  words  "division  of  personnel  and  stand- 
ardization" and  inserting  in  place  thereof  the  words:  — 
state  purchasing  agent,  —  and  by  striking  out,  in  the  fourth 
line,  the  words  "said  division"  and  inserting  in  place  thereof 
the  words:  —  the  state  purchasing  agent,  —  so  as  to  read 
as  follows:  —  Section  35.  State  officers,  departments  or 
heads  thereof  may  make  such  special  reports  as  the  state 
purchasing  agent  deems  to  be  of  practical  utility.  Appeal 
may  be  taken  from  any  decision  of  the  state  purchasing 
agent  hereunder  to  the  committee  of  the  executive  council 
appointed  to  consider  matters  of  finance  whose  decision 
shall  be  final. 

Section  7.  Section  one  of  chapter  sixty-six  of  the  Gen- 
eral Laws,  as  so  appearing,  is  hereby  amended  by  striking 
out,  in  the  eleventh  line,  the  words  "division  of  personnel 
and  standardization"  and  inserting  in  place  thereof  the 
words :  —  chairman  of  the  commission  on  administration 
and  finance,  —  so  as  to  read  as  follows: — Section  1.  The 
supervisor  of  public  records,  in  this  chapter  called  the  super- 
visor of  records,  shall  take  necessary  measures  to  put  the 
records  of  the  commonwealth,  counties,  cities  or  towns  in 
the  custody  and  condition  required  by  law  and  to  secure 
their  preservation.  He  shall  see  that  the  records  of  churches, 
parishes  or  religious  societies  are  kept  in  the  custody  and 
condition  contemplated  by  the  various  laws  relating  to 
churches,  parishes  or  religious  societies,  and  for  these  pur- 
poses he  may  expend  from  the  amount  appropriated  for 
expenses  such  amount  as  he  considers  necessary;  provided, 
that  no  measures  shall  be  taken  relative  to  the  records  of 
the  commonwealth  unless  the  same  are  approved  by  the 
chairman  of  the  commission  on  administration  and  finance. 

Section  8.  Section  one  hundred  and  seventy  of  chapter 
one  hundred  and  forty-nine  of  the  General  Laws,  as  so 
appearing,  is  hereby  amended  by  striking  out,  in  the  sixth 
line,  the  words  "the  following  section"  and  inserting  in 
place  thereof  the  words :  —  section  one  hundred  and  seventy- 
one,  —  and  by  striking  out,  in  the  eighth  and  ninth  lines, 
the  words  "division  of  personnel  and  standardization"  and 
inserting  in  place  thereof  the  words :  —  state  purchasing 
agent,  —  so  as  to  read  as  follows:  —  Section  170.  The 
commissioner  shall  make  an  annual  report  of  the  acts  of  the 
department  relative  to  statistics.  He  shall  prepare  annually 
for  distribution  as  public  documents  a  report  on  the  sta- 
tistics of  labor  which  shall  embody  statistical  and  other 
information  relating  especially  to  labor  affairs  in  the  com- 
monwealth, and  a  report  on  the  statistics  of  manufactures 
to  be  gathered  as  provided  in  section  one  hundred  and 
seventy-one.    The  state  secretary  shall  print  for  the  use  of 


Acts,  1945. —  Chaps.  581,  582.  595 

the  department  and  other  purposes  such  numbers  of  these 
reports  as  the  state  purchasing  agent  may  designate.  The 
commissioner  may  pubHsh,  at  such  intervals  as  he  deems 
expedient,  bulletins  or  special  reports  relative  to  industrial 
or  economic  matters. 

Section  9.     Employees   serving   under   the   director   of  JjJ^p^oyegf 
personnel  and  standardization  and  assigned  to  work  that  is  without  im- 
hereafter  to  be  performed  by  the  state  purchasing  agent  as  anyTights° 
provided  by  this  act  are  hereby  transferred  to  the  office  of 
said  state  purchasing  agent  without  impairment  of  their 
civil  service  status  or  of  any  retirement  or  other  rights  to 
which  they  may  be  entitled.  Approved  July  10,  191^5. 


Chap.5Sl 


An   Act   relative   to   the   payment   of   premiums   for 
workmen's  compensation  insurance  in  certain  cases. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  fifty-two  of  the  General  Laws  g.  l.  (Ter. 
is  hereby  amended  by  inserting  after  section  fifty-two  A,  in-  ne^w  §^5^2^b, 
serted  by  section  two  of  chapter  four  hundred  and  sixtj^-five  added. 
of  the  acts  of  nineteen  hundred  and  thirty-nine,  the  follow- 
ing  section :  —  Section  52B.      All    premiums    and    interest  Priority  of 
charges  on  account  of  policies  insuring  the  payment  of  the  m[umsand' 
compensation  provided  for  by  this  chapter  which  may  be  oveTother^'^^'^^ 
due  from  an  employer  to  any  insurance  company  authorized  ^^™}l}^^_ 
to  transact  the  business  of  workmen's  compensation  insur- 
ance in  this  commonwealth  shall  be  entitled  to  priority  or 
preference  over  claims  not  otherwise  preferred  by  law  in 
bankruptcy  involving  such  employer. 

Approved  July  10,  1945. 


bankruptcy. 


C/iap.582 


An  Act  extending  procedure  for  declaratory  judg- 
ments. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  General  Laws  are  hereby  amended  by  g  l.  (Ter. 
inserting  after  chapter  two  hundred  and  thirty-one  the  fol-  ^h!iptM^23iA, 
lowing  chapter :  —  ^'^"^^d. 

Chapter  231A. 
Procedure  for  Declaratory  Judgments. 

Section  1.    The  supreme  judicial  court,  the  superior  court,  Certain  courts 
the  land  court  and  the  probate  courts,  within  their  respec-  m"ake  bind-  ° 
tive  jurisdictions,  may  on  appropriate  proceedings  make  t^lns  othght, 
binding  declarations  of  right,  duty,  status  and  other  legal  duty,  etc. 
relations  sought  thereby,  either  before  or  after  a  breach  or 
violation  thereof  has  occurred  in  any  case  in  which  an  actual 
controversy  has  arisen  and  is  specifically  set  forth  in  the 
pleadings  and  whether  any  consequential  judgment  or  relief 
is  or  could  be  claimed  at  law  or  in  equity  or  not;   and  such 
proceeding  shall  not  be  open  to  objection  on  the  ground  that 
a  merely  declaratory  judgment  or  decree  is  sought  thereby 


596 


Acts,  1945.  —  Chap.  582. 


Issues  to  be 
submitted 
to  a  jury. 


Determina- 
tion of  right, 
duty,  etc., 
under  deeds, 
wills,  com- 
mon law,  etc. 


Not  limited. 


Rendering 
or  entering  a 
declaratory 
judgment 
oi^tional 
with  court. 


Right  of 
review. 


Further  relief 
may  be 
granted 
under  cer- 
tain circum- 
stances. 


Determina- 
tion may  be 
made  in  cer- 
tain actions 
at  law  or  in 
equity. 


Costs. 


and  such  declaration,  when  made,  shall  have  the  force  and 
effect  of  a  final  judgment  or  decree  and  be  reviewable  as 
such;  provided,  that  nothing  contained  herein  shall  be  con- 
strued to  authorize  the  change,  extension  or  alteration  of 
the  law  regulating  the  method  of  obtaining  service  on,  or 
jurisdiction  over,  parties  or  affect  their  right  to  trial  by  jury. 
When  a  declaration  of  right,  or  the  granting  of  further  re- 
Hef  based  thereon,  shall  involve  the  determination  of  issues 
of  fact  triable  by  a  jury  as  of  right  and  as  to  which  a  jury 
trial  is  duly  claimed  by  the  party  entitled  thereto,  or  issues 
which  the  court,  in  accordance  with  the  practice  of  courts 
of  equity,  considers  should  be  tried  by  a  jury,  such  issues 
may  be  submitted  to  a  jury  in  the  form  of  questions,  with 
proper  instructions  by  the  court,  whether  a  general  verdict 
be  required  or  not. 

Section  2.  The  procedure  under  section  one  may  be  used 
to  secure  determinations  of  right,  duty,  status  or  other  legal 
relations  under  deeds,  wills  or  written  contracts  or  other 
writings  constituting  a  contract  or  contracts  or  under  the 
common  law,  or  a  charter,  statute,  municipal  ordinance  or 
by-law,  or  administrative  regulation,  including  determina- 
tion of  any  question  of  construction  or  validity  thereof 
which  may  be  involved  in  such  determination. 

The  foregoing  enumeration  shall  not  limit  or  restrict  the 
exercise  of  the  general  powers  conferred  in  section  one  in 
any  proceeding  where  declaratory  relief  is  sought,  in  which 
a  judgment  or  decree  will  terminate  the  controversy  or  re- 
move an  uncertainty. 

Section  3.  The  court  may  refuse  to  render  or  enter  a  de- 
claratory judgment  or  decree  where  such  judgment  or  de- 
cree, if  rendered  or  entered,  would  not  terminate  the  uncer- 
tainty or  controversy  giving  rise  to  the  proceedings  or  for 
other  sufficient  reasons.  The  reasons  for  such  refusal  shall 
be  stated  in  the  record. 

Section  J^.  All  orders,  judgments,  decrees  and  refusals 
under  this  chapter  may  be  reviewed  as  other  orders,  judg- 
ments and  decrees. 

Section  5.  Further  relief  based  on  a  declaratory  judg- 
ment or  decree  may  be  granted  whenever  necessary  or 
proper.  The  application  therefor  shall  be  by  petition  to  a 
court  having  jurisdiction  to  grant  the  relief.  If  the  appli- 
cation be  deemed  sufficient  the  court  shall,  on  reasonable 
notice,  require  any  adverse  party  whose  rights  have  been 
adjudicated  by  the  declaratory  judgment  or  decree  to  show 
cause  why  further  relief  should  not  be  granted  forthwith. 

Section  6.  In  an  action  at  law  or  suit  in  equity  hereto- 
fore or  hereafter  brought  to  obtain  a  judgment  or  other  con- 
sequential relief,  whether  such  judgment  or  r'elief  is  granted 
or  not,  the  court  may  make  a  binding  determination  as  pro- 
vided in  this  chapter  upon  application  of  any  party  made 
in  his  declaration,  bill,  petition  or  answer. 

Section  7.  Where  a  judgment  or  other  consequential  re- 
lief is  sought  in  an  action  or  suit,  the  costs  shall  not  be 


Acts,  1945.  —  Chap.  583.  597 

affected  by  the  making  or  refusal  of  any  determination;  but 
in  a  suit  for  a  determination  only,  under  this  chapter,  costs 
shall  be  as  in  other  cases  in  equity. 

Section  8.  When  declaratory  relief  is  sought,  all  persons  All  interested 
shall  be  made  parties  who  have  or  claim  any  interest  which  be^oined! 
would  be  affected  by  the  declaration,  and  no  declaration 
shall  prejudice  the  rights  of  persons  not  parties  to  the  pro- 
ceeding. In  any  proceeding  which  involves  the  validity  of 
a  municipal  ordinance  or  by-law  or  of  a  franchise,  license, 
easement  or  other  privilege  granted  by  the  commonwealth 
or  a  municipality  thereof,  the  municipality,  or  the  agency 
granting  the  privilege,  as  the  case  may  be,  shall  be  made 
a  party  and  shall  be  entitled  to  be  heard.  If  a  question  of 
constitutionality  is  involved  in  any  proceeding  under  this 
chapter,  the  attorney  general  shall  also  be  notified  of  the 
proceeding  and  be  entitled  to  be  heard. 

Section  9.  This  chapter  is  declared  to  be  remedial.  Its  Purpose  of 
purpose  is  to  remove,  and  to  afford  relief  from,  uncertainty  *='^'^p*^'"'- 
and  insecurity  with  respect  to  rights,  duties,  status  and 
other  legal  relations,  and  it  is  to  be  liberally  construed  and 
administered.  Nothing  in  this  chapter  shall  be  held  to 
affect  the  jurisdiction  of  the  land  court,  and  the  procedure 
established  hereby  shall  be  in  addition  to  any  other  pro- 
cedure for  declaratory  relief. 

Section  2.     Section  three  of  chapter  two  hundred  and  %^-^^^' 
thirteen  of  the  General  Laws,  as  amended,  is  hereby  further  §  s',  etc.  ' 
amended  by  striking  out  clause  Tenth  A,  as  appearing  in  ''•'"«"^«^- 
the  Tercentenary  Edition,  and  inserting  in  place  thereof  the 
following  clause :  — 

Tenth  A,  Making  effective  the  declaratory  procedure  pro-  ^g"i|r|fory 
vided  by  chapter  two  hundred  and  thirty-one  A.  judgments. 

Section  3.     Section  six  B  of  chapter  two  hundred  and  %^-^^^- 
fifteen  of  the  General  Laws,  inserted  by  section  one  of  chap-  §  6B,  etc.'. 
ter  two  hundred  and  forty-seven  of  the  acts  of  nineteen  ^iotllltiT 
hundred  and  thirty-five,  is  hereby  repealed,  but  notwith-  proceedings, 
standing  said  repeal  the  provisions  thereof  shall  continue  to 
apply  as  to  proceedings  commenced  prior  to  November  first, 
nineteen  hundred  and  forty-five. 

Section  4.     All  rules  of  courts  pertaining  to  the  proce-  certain  rules 
dure  referred  to  in  clause  Tenth  A  of  section  three  of  chap-  proctdu^lto 
ter  two  hundred  and  thirteen  of  the  General  Laws,  as  exist-  continue, 
ing  immediately  prior  to  November  first,  nineteen  hundred 
and  forty-five,  shall  continue  to  apply  until  annulled  or 
superseded. 

Section  5.    This  act  shall  take  effect  on  November  first  Effective  date, 
in  the  current  year.  Approved  July  10,  1945. 

An  Act  relative  to  hospital  and  medical  expenses  Chap.5S3 

IN    CONNECTION    WITH   THE    SUPPORT   OF   POOR    PERSONS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred   and  twenty-two  of  the   General  Ed.V."iJ2Ti 
Laws  is  hereby  amended  by  striking  out  section  eighteen,  §  i^.'etc.,'' 


598 


Acts,  1945. —  Chap.  584. 


Reimburse- 
ment to  cities 
and  towns 
for  care  of 
certain  in- 
digent sick. 


as  most  recently  amended  by  chapter  four  hundred  and 
seventy-six  of  the  acts  of  nineteen  hundred  and  forty-three, 
and  inserting  in  place  thereof  the  following  section :  —  Sec- 
tion 18.  Reasonable  expenses  incurred  by  a  town  under 
section  seventeen  within  ten  days  next  before  notice  has 
been  given  as  therein  required  and  also  after  the  giving  of 
such  notice  and  until  said  sick  person  is  able  to  be  removed 
to  said  hospital  and  infirmary  shall  be  reimbursed  by  the 
commonwealth.  If  the  department,  after  investigation, 
deems  it  expedient  as  an  economy  in  expenditure  and  in  the 
interest  of  the  patient's  health,  it  may  authorize  reimburse- 
ment for  aid  rendered  after  the  patient  has  become  able  to 
be  so  removed,  and,  in  its  discretion,  until  the  patient  is 
able  to  be  discharged.  If  the  department  considers  it  ex- 
pedient to  order  the  removal  to  said  institution  of  a  person 
whose  physical  condition  is  such  as  to  require  attendance, 
reasonable  expenses  incurred  for  such  attendance  as  directed 
by  the  department  shall  also  be  reimbursed  by  the  com- 
monwealth. Bills  for  such  support  shall  not  be  allowed 
unless  endorsed  with  the  declaration  that,  after  full  in- 
vestigation, no  kindred  able  to  pay  the  amount  charged 
have  been  found,  and  that  the  amount  has  actually  been 
paid  from  the  town  treasury,  nor  unless  they  are  approved 
by  the  department  or  by  a  person  designated  by  it.  There 
shall  be  allowed  for  the  support  of  a  person  in  a  hospital 
such  amounts,  as  are  determined  to  be  the  equivalent  of 
actual  costs  to  the  hospital  which  renders  support  and 
treatment,  but  in  no  event  to  exceed  five  dollars  per  diem. 
In  cases  where  the  commonwealth  or  any  subdivision  thereof 
may  be  reimbursed  from  federal  funds  or  funds  from  any 
other  source  in  excess  of  the  above  amount,  the  amount  so 
received  shall  be  paid  for  such  support  and  treatment.  In 
the  determination  of  actual  costs  adequate  certification  must 
be  furnished  in  accordance  with  rules  and  regulations  made 
by  the  department,  authority  to  make  the  same  being 
hereby  granted.  Expenses  incurred  by  a  town  for  tonsil  and 
adenoid  operations  shall  be  reimbursed  by  the  common- 
wealth to  an  amount  not  exceeding  fifteen  dollars  in  the 
case  of  any  one  such  operation.  Reimbursement  by  the 
commonwealth  under  the  provisions  hereof  shall  be  subject 
to  the  provisions  of  section  forty-two  of  chapter  one  hun- 
dred and  twenty-one.  Approved  July  10,  191^5. 


Chap. 5S4:  An  Act  prohibiting  wage  differentials  based  on  sex. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  one  hundred  and 
forty-nine  of  the  General  Laws  is  hereby  amended  by  in- 
serting after  the  paragraph  defining  "Discrimination",  in- 
serted therein  by  section  one  of  chapter  three  hundred  and 
sixty-seven  of  the  acts  of  nineteen  hundred  and  thirty-seven, 
the  two  following  paragraphs :  — 


G.  L.  (Ter 
Ed.),  149, 
§  1,  etc., 
amended. 


Acts,  1945.  —  Chap.  584.  599 

"Employee",  as  used  in  sections  one  hundred  and  five  A  ^^2"^^°^*'^" 
to  one  hundred  and  five  C,  inclusive,  shall  mean  any  person 
employed  for  hire  by  an  employer  in  any  lawful  employ- 
ment, but  shall  not  include  persons  engaged  in  domestic 
service  in  the  home  of  the  employer,  or  in  agricultural  serv-  . 
ice,  or  employees  of  any  social  club,  fraternal,  charitable, 
educational,  religious,  scientific  or  literary  association,  no 
part  of  the  net  earnings  of  which  enures  to  the  benefit  of  any 
private  individual. 

"Employer",  as  used  in  said  sections  one  hundred  and  d^nJd°^*^'" 
five  A  to  one  hundred  and  five  C,  inclusive,  shall  include 
any  person  acting  in  the  interest  of  an  employer  directly 
or  indirectly. 

Section  2.    Said  section  one  of  said  chapter  one  hundred  SsV"|Jo'"s  1 

.  .      T  T         r         1  111  IT  1        Ji'd.)!  149,  §  1, 

and  Lorty-nme  is  hereby  further  amended  by  addmg  at  the  further 
end  of  the  paragraph  defining  "Employment"  the  following  ^™''°'^®^- 
sentence: — "Employment",  as  used  in  said  sections  one  "Employ- 
hundred  and  five  A  to  one  hundred  and  five  C,  inclusive,  dllfned.^"'^*^^'^ 
means  any  employment  under  contract  of  hire,  expressed  or 
implied,  written  or  oral,  including  all  contracts  entered  into 
by  helpers  and  assistants  of  employees,  whether  paid  by 
employer  or  employee,  if  employed  with  the  knowledge, 
actual  or  constructive,  of  the  employer  in  which  all  or  the 
greater  part  of  the  work  is  to  be  performed  within  the  com- 
monwealth. 

Section  3.     Said  chapter  one  hundred  and  forty-nine  is  g.  l.  (Ter. 
hereby  further  amended  by  inserting  after  section  one  hun-  new  §§  iosa, 
dred  and  five,   under  the   caption  discriminatory  wage  J^t^  ^"f'   , 

'  ^  .  105C,  added. 

RATES  BASED  ON  SEX  PENALIZED,  the  three  loUowing  sec- 
tions:—  Section  105 A.  No  employer  shall  discriminate  in  Penalty  for 
any  way  in  the  payment  of  wages  as  between  the  sexes,  or  fnTw"ge  rates 
pay  any  female  in  his  employ  salary  or  wage  rates  less  than  ^^^'^'^  ^'^  ^'^'^■ 
the  rates  paid  to  male  employees  for  work  of  comparable 
character  or  work  on  comparable  operations.  Any  employer 
who  violates  any  provision  of  this  section  shall  be  liable  to 
the  employee  or  employees  affected  in  the  amount  of  their 
unpaid  wages,  and  in  an  additional  equal  amount  of  liqui- 
dated damages.  Action  to  recover  such  liability  may  be 
maintained  in  any  court  of  competent  jurisdiction  by  any 
one  or  more  employees  for  and  in  behalf  of  himself  or  them- 
selves and  other  employees  similarly  situated,  and  any 
agreement  between  the  employer  and  any  such  employee  to 
work  for  less  than  the  wage  to  which  such  employee  is  en- 
titled under  this  section  shall  be  no  defense  to  such  action. 
The  court  in  such  action  shall,  in  addition  to  any  judgment 
awarded  to  the  plaintiff  or  plaintiffs,  allow  a  reasonable 
attorney's  fee  to  be  paid  by  the  defendant,  and  cost  of  the 
action.  At  the  request  of  any  employee  paid  less  than  the 
wage  to  which  he  is  entitled  under  this  section,  the  com- 
missioner may  take  an  assignment  of  such  wage  claim  in 
trust  for  the  assigning  employee  and  may  bring  legal  action 
necessary  to  collect  such  claim,  and  the  emploj^er  shall  be 
required  to  pay  an  additional  equal  amount  of  liquidated 


600 


Acts,  1945. —  Chap.  585. 


Penalty. 


Commissioner 
may  enter, 
inspect  and 
question 
employees. 


damages,  together  with  the  costs  of  the  action  and  such 
reasonable  attorney's  fees  as  may  be  allowed  by  the  court. 
The  commissioner  shall  not  be  required  to  pay  any  filing 
fee,  or  other  costs,  in  connection  with  such  action.  The 
commissioner  may  join  various  claimants  against  the  em- 
ployer in  one  cause  of  action. 

Section  105 B.  Any  employer  who  violates  any  provision 
of  sections  one  hundred  and  five  A  to  one  hundred  and  five  C, 
inclusive,  or  who  discharges  or  in  any  other  manner  dis- 
criminates against  any  employee  because  such  employee  has 
made  any  complaint  to  his  employer,  the  commissioner,  or 
any  other  person,  or  instituted,  or  caused  to  be  instituted, 
any  proceeding  under  or  related  to  said  sections,  or  has 
testified  or  is  about  to  testify  in  any  such  proceedings,  shall, 
upon  conviction  thereof,  be  punished  by  a  fine  of  not  more 
than  one  hundred  dollars. 

Section  105C.  For  the  purpose  of  enforcing  the  provi- 
sions of  sections  one  hundred  and  five  A  to  one  hundred  and 
five  C,  inclusive,  the  commissioner,  or  his  authorized  repre- 
sentative, may  enter  places  of  employment,  may  inspect 
pay  rolls,  may  compare  character  of  work  and  operations 
on  which  employees  are  engaged,  may  question  employees, 
and  may  take  such  other  action  as  is  reasonably  necessary 
to  determine  compliance  therewith. 

Approved  July  10,  19^5. 


ChaV.b^b  ^'^  ^^'^  PROVIDING  FOR  THE  FILING  OF  ANNUAL  RETURNS 
AND  THE  FURNISHING  OF  INFORMATION  BY  CERTAIN  COM- 
MON CARRIERS  OF  PASSENGERS  BY  MOTOR  VEHICLE. 


G.  L.  (Ter. 
Ed.),  159A, 
§  10,  amended. 


Annual 
returns  to 
be  filed  by 
certain  com- 
mon carriers 
of  passengers 
by  motor 
vehicle. 


Be  it  enacted,  etc.,  as  follows: 

Section  ten  of  chapter  one  hundred  and  fifty-nine  A  of 
the  General  Laws,  as  appearing  in  the  Tercentenary  Edition, 
is  hereby  amended  by  adding  at  the  end  the  following 
paragraph :  — 

Each  such  person  not  required  to  file  a  return  by  any 
provision  of  law  other  than  this  section  shall  annually,  on 
or  before  such  date  as  the  department  fi.xes,  make  to  the 
department,  in  a  form  prescribed  by  it,  a  return  for  the  year 
ending  on  December  thirty-first  next  preceding.  The  form 
shall  correspond  as  nearly  as  may  be  to  those  established  by 
the  interstate  commerce  commission  for  this  type  of  com- 
mon carrier  and  shall  provide  for  the  proper  certification 
of  the  accuracy  thereof.  Each  such  person  shall  at  all 
times,  upon  request,  furnish  any  information  required  by 
the  department  or  its  duly  authorized  employees  relative  to 
the  condition,  management  and  operation  of  such  person 
as  a  common  carrier,  and  shall  comply  with  all  lawful  orders 
of  the  department.  Every  such  common  carrier  neglecting 
to  make  such  annual  return  within  the  time  prescribed  as 
aforesaid,  or  to  amend  said  return  within  fifteen  days  of  the 
date  of  any  notice  to  do  so,  or  neglecting  to  furnish  any 
information  lawfully  required  as  aforesaid,  shall  forfeit  five 


Acts,  1945.  —  Chaps.  586,  587.  601 

dollars  for  each  day  during  which  such  neglect  continues; 
and  if  such  person  unreasonably  refuses  or  neglects  to  make 
said  return  or  amendment  he  shall  forfeit  not  more  than 
five  hundred  dollars.  Failure  to  comply  with  this  section 
shall  be  a  cause  for  revocation  or  suspension  of  a  certificate 
under  section  seven.  Approved  July  10,  1945. 


ChapMQ 


An  Act  providing  for  the  establishment  and  main- 
tenance AT  the  MASSACHUSETTS  AGRICULTURAL  EXPERI- 
MENT station  of  a  diagnostic  laboratory  DEALING 
WITH  THE  CAUSES,  PREVENTION  AND  REMEDIES  OF  DIS- 
EASES  OF   DOMESTIC   ANIMALS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter   seventy-five   of   the    General    Laws    is    hereby  g.  l.  (Ter. 
amended  by  inserting  after  section  sixteen  the  following  new  §  feA, 
section:  —  Section  16 A.     The  trustees  shall  establish   and  ^'^.^®'^-    . 
maintain  at  said  station  a  diagnostic  laboratory  for  the  labOTatory 
purpose  of  the  provisions  of  clause  First  of  section  seventeen  an'imais^^*^''' 
relative  to  domestic  anunals.     Experiments  may  be  con-  established. 
ducted  at  said  station  in  co-operation  with  Massachusetts 
dairy'  farmers  to  control  and  eliminate  the  disease  of  mastitis. 
For  the  purpose  of  the  collection  and  laboratory  examina- 
tion of  milk  samples  to  eliminate  mastitis,  in  the  conduct  of 
such  work,  a  fee  not  exceeding  twenty-five  cents  for  each 
sample  tested  may  be  charged.    The  tmstees  may  expend, 
out  of  appropriations  made  for  the  maintenance  and  current 
expenses  of  the  college,  during  the  first  year  such  work  is 
conducted,  sums  not  exceeding  eighteen  thousand  dollars, 
and  during  each  year  thereafter  sums  not  exceeding  thirteen 
thousand  dollars.    The  director  shall  accept  samples  of  milk 
for  test  collected  by  the  department  of  agriculture  and  may 
accept  samples  from  such  other  qualified  persons  as  he  may 
approve  for  the  collection  of  such  samples. 

Approved  July  11,  1943. 

An  Act  relative  to  the  furnishing  of  water  to  towns  Qhnnry  587 
IN   the   metropolitan    water    district   and    certain  ^' 

other  towns. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  ninety- two  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  amended  by  striking  out  section  ten,  as  most  re-  f^o.'efc*., 
cently  amended  by  section  one  of  chapter  five  hundred  and  amended, 
forty-three  of  the  acts  of  nineteen  hundred  and  forty-three, 
and  inserting  in  place  thereof  the  following  section :  —  Sec-  Construction 
tion  10.     (1)  The  commission  shall  construct,  maintain  and  nanoTT*''' 
operate  a  system  of  metropolitan  water  works  and  shall  waterworks. 
provide  thereby  a  sufficient  supply  of  pure  water  for  the 
following   named    towns    and    the    inhabitants    thereof:  — 
Arlington,  Behnont,  Boston,  Brookline,  Chelsea,  Everett, 
Lexington,    Maiden,    Milton,    Medford,    Melrose,    Nahant, 
Newton,   Quincy,  Revere,  Somerville,  Stoneham,  Swamp- 


G02 


Acts,  1945.  —  Chap.  587. 


Furnishing 
water  in  and 
beyond 
district. 


Assessment 
for  cost  of 
connection. 


Connection 
with  non- 
member 
town,  etc. 


scott,  Water  town  and  Winthrop,  which  shall  be  members 
of,  and  shall  constitute,  the  metropohtan  water  district; 
shall  secure  and  protect  the  purity  of  said  water;  shall  on 
application  furnish  water  to  any  town  aforesaid  that  at  the 
time  of  appHcation  owns  its  water  pipe  "system;  shall  on 
application  admit  to  membership  in  said  water  district  any 
other  town  any  part  of  which  is  within  ten  miles  of  the 
state  house,  and  any  other  town  any  part  of  which  is  within 
fifteen  miles  of  the  state  house  which  the  commission  can 
reasonably  supply  with  water,  and  shall  furnish  water  to 
such  town  on  the  terms  prescribed  by  this  chapter  for  the 
towns  constituting  said  district  upon  payment  of  an  en- 
trance fee  in  the  amount  prescribed  by  this  section;  and 
shall,  upon  application,  furnish  water  to  any  water  company 
owning  the  water  pipe  system  in  any  member  town,  upon 
the  assumption  in  writing  by  such  water  company  of  the 
assessments,  if  any,  of  the  town,  and  upon  the  making  by 
such  water  company  of  such  payment  as  the  commission 
may  determine.  The  commission  shall  furnish  water  to  the 
member  town  or  to  such  company,  by  delivering  it  into  a 
main  water  pipe,  reservoir  or  tank  of  the  town  or  company, 
under  sufficient  pressure  for  use  without  local  pumping, 
unless  delivered  in  some  other  manner  by  mutual  agreement 
between  the  parties  interested;  and  shall  have  the  direction 
and  control  of  the  connections  between  the  metropolitan 
and  local  systems.  Each  such  town  admitted  to  member- 
ship after  January  first,  nineteen  hundred  and  forty-five, 
and  provided  with  a  connection  with  the  works  of  the  metro- 
politan water  district  shall  be  assessed  and  pay,  as  pre- 
scribed by  section  twenty-six,  its  fair  share  of  the  cost  of 
connection  as  determined  by  the  commission  and  certified 
to  the  state  treasurer,  which  may,  if  and  as  determined  by 
the  commission,  be  distributed  over  a  period  not  exceeding 
ten  years. 

(2)  The  commission,  on  application  of  any  non-member 
town  eligible  for  membership,  or  any  water  company  or 
water  supply,  water,  fire  or  fire  and  water  district,  located 
within  such  town,  may,  with  the  approval  of  the  state 
department  of  public  health,  hereinafter  in  this  section  called 
the  department,  construct  a  suitable  connection  with  the 
system  of  the  metropolitan  water  district  and  furnish  water 
therefrom  to  any  such  non-member  town,  water  company 
or  district  on  payment  of  such  sum  as  the  commission  may, 
after  October  first,  nineteen  hundred  and  forty-three,  de- 
termine, and  may  continue  to  furnish  the  same  notwith- 
standing any  provision  of  section  forty  of  chapter  forty. 
Each  such  non-member  town,  or  water  company  or  district 
so  supplied  with  such  water  shall  be  assessed  and  pay,  as 
prescribed  by  section  twenty-six,  its  fair  share  of  the  cost 
of  connection  as  determined  by  the  commission  and  certified 
to  the  state  treasurer,  which  may,  if  and  as  determined  by 
the  commission,  be  distributed  over  a  period  not  exceeding 
ten  years. 


Acts,  1945.  —  Chap.  587.  603 

(3)  The  commission,  subject  to  all  the  provisions  relating  Saie  of  water 
to  the  construction,  operation  and  maintenance  by  it  of  a  governmLt 
water  supply  system  set  forth  in  this  chapter,  may  sell  and  approved. 
deliver  water  from  any  of  the  reservoirs  or  aqueducts  of  the 
metropolitan    water    system    to    any    concentration    camp 
established  in  the  commonwealth  by  the  United  States  or 

by  any  agency  or  instrumentality  of  the  United  States,  or 
to  any  agency  or  instrumentality  of  the  commonwealth  or 
of  any  county  thereof,  and  lay  and  maintain  pipe  lines  and 
other  works  necessary  therefor,  upon  terms  and  conditions 
to  be  agreed  upon  by  the  duly  authorized  officer  or  repre- 
sentative of  the  United  States  government,  or  of  the  com- 
monwealth or  of  any  county  thereof,  as  the  case  may  be, 
and  the  commission. 

(4)  Authority  is  hereby  granted,  in  each  instance  with  Connection 
the  approval  of  the  department,  to  any  water  company  or  berTo^n!^t^,' 
town  obtaining  its  water  supply  wholly  or  in  part  from  the  adfoi'Sng''^ 
metropolitan  water  district  to  provide  a  connection  and  a  non-member 
supply  of  water  to  any  adjoining  town  having  an  inadequate  iz°eT  ^^ 
water  supply.     Any  town  or  water  company  obtaining  its  * 
water  supply  wholly  or  in  part  from  the  metropolitan  water 

district  shall  promptly  upon  request  furnish  to  the  commis- 
sion a  certified  statement  and  description  of  its  connections 
for  supplying  water  to  any  town  specified  in  such  request. 

(5)  Any  town  may  be  admitted  to  membership  in  the  Entrance  fee. 
metropolitan  water  district  without  payment  of  any  entrance 

fee,  if  it  takes  its  entire  water  supply  from  the  district,  and 
the  entrance  fee  of  any  town  which  does  not  so  take  its 
entire  water  supply  shall  be  that  determined  by  the  com- 
mission, but  not  more  than  the  proportionate  share  of  such 
entering  town,  determined  as  hereinafter  provided,  of  the 
aggregate  total  assessments  that  have  been  made,  prior  to 
the  first  assessment  to  be  shared  by  such  entering  town,  on 
account  of  the  retirement  of  bonds  issued  in  and  after  the 
year  nineteen  hundred  and  twenty-seven  to  finance  the  con- 
struction of  the  metropolitan  water  works,  less  the  net  water 
debt,  if  any,  on  December  first  immediately  prior  to  said 
first  assessment  shared,  on  account  of  the  cost  of  works  con- 
structed by  the  commission  prior  to  the  year  nineteen  hun- 
dred and  twenty-seven.  Such  proportionate  share  of  the  net 
sum  to  be  apportioned  shall  be  determined  by  taking  only 
one  third  of  said  net  sum,  apportioning  this  among  all  towns 
which  are  members  of  the  metropolitan  water  district  and 
all  towns  which  are  not  members  but  eligible  to  member- 
ship, in  proportion  to  their  respective  valuations,  using  the 
total  valuation  of  all  members  and  of  all  towns  eligible  for 
membership  continuing  as  non-members,  and  using  in  the 
case  of  the  town  applying  for  membership  the  valuation  of 
such  portion  or  all  of  the  town  as  the  commission  agrees  in 
accepting  the  application  to  supply  with  water. 

(6)  As  used  in  this  chapter,  the  word  "valuation"  means  Definitions. 
the  taxable  valuation  last  established  by  the  general  court 

as  a  basis  of  apportionment  for  state  and  county  taxes,  and 


604 


Acts,  1945.  —  Chap.  587. 


Acquisition 
by  district 
of  certain 
water  supply 
works 
authorized. 


Abandonment 
of  local  water 
supply 
system. 


Commission 
authorized  to 
sell,  exchange, 
etc.,  certain 
real  or 
personal 
property. 


Transfer  of 
employees 


the  words  "membership",  "eligibility  to  membership"  and 
words  of  like  import  refer  only  to  the  membership  which  is 
subject  to  the  annual  assessment  by  apportionment,  as  pro- 
vided in  said  section  twenty-six,  following  voluntary  appli- 
cation by  the  town  and  admission  by  the  commission,  and 
not  to  towns  purchasing  water  from  the  district. 

(7)  Any  town  which  is  a  member  of  the  metropolitan 
water  district  but  which  has  not  abandoned  its  local  water 
supply  and  taken  its  entire  supply  from  the  sources  of  the 
district,  and  any  town  applying  for  membership  in  the  met- 
ropolitan water  district  may  enter  into  an  agreement  with 
the  commission  to  abandon  its  local  water  supply  sources 
and  take  its  entire  supply  from  said  district  and  the  com- 
mission may  agree  to  acquire  such  water  supply  works  of 
such  town,  including  lands  owned  by  the  town,  as  may  in 
the  opinion  of  the  commission  be  of  value  for  the  purposes 
of  the  metropolitan  water  district,  metropolitan  sewerage 
districts,  metropolitan  parks  districts,  or  any  of  them.  In 
case  any  property  referred  to  in  the  preceding  sentence  is 
acquired  by  any  of  the  districts  therein  referred  to,  other 
than  the  metropolitan  water  district,  the  cost  of  such  acqui- 
sition including  such  interest  as  the  state  treasurer  shall  de- 
termine shall  be  assessed  upon  the  towns  constituting  such 
acquiring  district  and  paid  by  said  district  to  said  metro- 
politan water  district.  In  compensation  therefor  such  town 
upon  admission  to  membership  shall  receive  credit  annually 
for  twenty-five  years  on  its  appropriate  district  assessments 
in  the  amount  of  four  and  eight  hundred  and  twentj^-six 
thousandths  per  cent  of  the  cost  of  such  works  to  the  town, 
to  be  determined  as  hereinafter  provided. 

(8)  Such  town  upon  such  admission  and  abandonment  of 
any  portion  of  its  local  water  supply  may  at  any  time  use 
for  other  purposes  than  water  supply,  or  sell,  exchange  or 
lease,  any  property,  real  or  personal,  comprising  all  or  any 
portion  of  such  abandoned  water  supply,  or  any  easement 
or  water  rights  acquired  and  held  in  connection  with  such 
abandoned  water  supply,  and  upon  such  abandonment  of 
such  water  supply  and  filing  of  a  notice  to  that  effect  by  the 
town  with  the  department,  the  restrictions  as  to  the  use  of 
such  property  or  right  therein  for  water  supply  purposes 
shall  become  null  and  void  and  of  no  effect. 

(9)  The  commission  may  at  any  time  sell  at  public  or 
private  sale,  exchange  or  lease,  any  property,  real  or  per- 
sonal, or  any  easement  or  water  right,  acquired  under  any 
provision  of  this  section  which  in  its  opinion  is  no  longer 
needed  for  district  purposes,  but  the  commission  shall  first 
give  to  the  political  subdivision  or  water  company  from 
which  the  property  was  acquired  an  opportunity  to  pur- 
chase the  same.  Any  sums  of  money  received  from  such 
sale  or  lease  shall  be  applied  by  the  state  treasurer  to  meet 
the  cost  of  maintenance  and  operation  of  the  works  of  the 
metropolitan  district  so  selling  or  leasing. 

(10)  Any  employee  of  the  water  department  of  a  town 


Acts,  1945.  — Chap.  587.  605 

the  facilities  of  which  will  be  abandoned  as  provided  in  this  upon  aban- 
section  when  the  commission  commences  to  supply  water  ou^n*^ 
to  such  town,  and  who,  immediately  prior  to  such  abandon-  Y^flttm 
ment,  is  on  duty  at  a  reservoir,  filter  plant,  pumping  station 
or  other  works  which  will  be  abandoned  when  no  longer 
needed,  shall,  upon  such  abandonment,  and  upon  his  re- 
quest, be  transferred  to  the  service  of  the  commission  at  a 
rate  of  compensation  not  less  than  he  received  from  such 
town.  Any  employee  so  transferring  shall  serve  in  the  com- 
mission in  a  locality  as  near  as  possible  to  the  town  by  which 
he  was  formerly  employed  and  without  impairment  of  his 
civil  service  status,  if  any,  and  shall  retain  all  his  rights,  if 
any,  under  chapter  thirty-one,  and,  if  a  member  of  any  re- 
tirement system  of  his  town,  shall  be  transferred  to  the 
retirement  system  of  the  commonwealth  with  the  right  to  a 
retirement  allowance  based  on  his  full  service  in  the  systems 
of  such  town  and  of  the  commonwealth  and  the  full  amount 
of  his  accumulated  deductions,  plus  regular  interest,  shall  be 
transferred  to  the  retirement  system  of  the  commonwealth. 
If  any  such  employee,  except  an  employee  who  is  unable  to 
perform  the  duties  of  his  office  or  position  because  of  service 
in  the  military  or  naval  forces  of  the  United  States,  shall 
refuse,  or  neglect,  within  thirty  days  after  his  right  to  trans- 
fer under  this  paragraph  accrues,  to  transfer  to  the  service 
of  the  commission  he  shall  thereupon  be  retired  by  the  town 
by  which  he  is  employed  with  the  same  rights  and  allow- 
ances as  if  he  had  voluntarily  retired  at  the  expiration  of 
such  thirty  days.  The  head  of  the  town  department  aban- 
doning its  service  as  hereinbefore  provided  shall,  before  such 
abandonment,  give  notice  in  writing  of  the  proposal  to  aban- 
don, and  of  his  rights  provided  hereunder,  to  each  employee 
of  the  department  the  facilities  of  which  are  to  be  so 
abandoned. 

(11)  The  costs  of  works  acquired  by  the  commission  as  Appraisal 
specified  in  this  section,  if  not  agreed  upon  by  as  provided 
in  paragraph  (7),  shall  be  determined  by  three  commission- 
ers, hereinafter  referred  to  as  the  appraisal  commissioners, 
who  shall  be  appointed  by  the  supreme  judicial  court  upon 
application  of  any  party  in  interest.  Such  appraisal  com- 
missioners shall,  after  due  notice  and  hearing,  report  to  the 
town  and  the  commission  their  preliminary  determination 
of  said  costs,  and  shall,  within  the  next  thirty  days  there- 
after, hear  any  appeals  therefrom.  They  shall  then,  in  such 
manner  as  they  shall  deem  just  and  equitable,  determine  said 
costs  and  report  the  results  of  their  determination  to  said 
court  within  six  months,  or  as  soon  thereafter  as  may  be. 
When  said  report  shall  have  been  accepted  by  the  court,  it 
shall  be  conclusive  and  binding  in  determining  the  credits 
to  be  allowed  against  the  annual  assessments  on  the  town 
during  the  twenty-five-year  period  following  its  abandon- 
ment of  its  local  supply  under  the  provisions  of  this  section. 
The  court  shall  fix  and  determine  the  compensation  of  the 
appraisal  commissioners  and  shall  allow  such  expenses  in- 


commissioners. 


606 


Acts,  1945. —  Chap.  587. 


Appropriation 
of  payments 
for  admission 
to  system. 


G.  L.  (Ter. 
Ed.),  92, 
§  26,  etc., 
amended. 


Apportion- 
ment to 
member 
towns  to  pay 
interest,  etc. 


curred  by  them  in  carrying  out  the  provisions  of  this  section 
as  it  shall  approve,  one  half  of  the  same  to  be  borne  by  the 
metropolitan  water  district  and  included  in  its  next  annual 
assessment  and  the  other  half  to  be  borne  by  the  town. 

(12)  All  payments  made  as  aforesaid  for  admission  of 
towns  and  for  furnishing  water  to  water  companies  and  to 
non-member  towns,  and  for  selling  and  delivering  water  to 
any  concentration  camp  or  other  agency  or  instrumentality 
of  the  United  States  or  to  any  agency  or  instrumentality  of 
the  commonwealth  or  of  any  county  thereof  shall  be  appro- 
priated to  the  payment  of  the  cost  incurred  by  the  district 
in  connecting  such  town,  water  company,  concentration 
camp,  agency  or  instrumentality  with  the  metropolitan 
water  system,  and  the  balance  after  such  cost  is  paid,  as 
well  as  all  other  payments  for  furnishing  water  to  a  water 
company  or  a  non-member  town  in  case  of  fire  or  other  emer- 
gency, or  as  otherwise  authorized,  except  payments  as  an- 
nual assessments  by  towns  or  water  companies,  shall  be 
applied  by  the  state  treasurer  to  the  sinking  fund  estab- 
lished for  the  payment  of  bonds,  or  to  the  payment  of  serial 
bonds,  issued  on  account  of  the  metropolitan  water  district 
and  the  balance  shall  be  applied  annually  to  meet  the  cost 
of  maintenance  and  operation  of  the  metropolitan  water 
works.  All  payments  made  as  annual  assessments,  either  by 
towns  or  by  water  companies,  shall  be  applied  as  provided 
in  section  twenty-five. 

Section  2.  Section  twenty-six  of  said  chapter  ninety- 
two,  as  amended  by  section  two  of  said  chapter  five  hundred 
and  forty-three,  is  hereby  further  amended  by  striking  out 
the  first  two  paragraphs  and  by  inserting  in  place  thereof 
the  two  following  paragraphs :  —  The  state  treasurer  shall, 
in  each  year,  apportion  to  the  towns  that  are  members  of 
the  metropolitan  water  district  the  amount  required,  in  addi- 
tion to  sums  made  available  under  the  provisions  of  this 
section,  to  pay  the  interest,  sinking  fund  requirements,  serial 
bond  requirements  and  expenses  of  maintenance  and  opera- 
tion of  the  metropolitan  water  system.  The  state  treasurer, 
for  the  purpose  of  making  the  apportionment  to  the  towns 
in  the  metropolitan  water  district  of  the  amount  required 
in  each  year  to  pay  the  interest,  sinking  fund  and  serial  bond 
requirements  and  expenses  of  maintenance  and  operation  of 
the  metropolitan  water  system,  shall,  in  each  year,  begin- 
ning with  the  year  nineteen  hundred  and  forty-six,  appor- 
tion such  amount  to  the  towns  in  said  district  in  proportion 
to  their  consumption  in  the  preceding  year  of  water  received 
from  the  metropolitan  district  sources,  as  determined  by  the 
commission  and  certified  to  said  state  treasurer.  If  any 
town  is  admitted  to  the  metropolitan  water  district  too  late 
in  any  year  to  share  in  the  district  assessment  for  that  year, 
the  quantity  of  water  furnished  it  by  the  district  during  the 
remainder  of  the  year  shall  be  added  to  its  consumption  in 
the  following  year  in  determining  the  assessment  for  such 
following  year. 


Acts,  1945. —  Chap.  587.  607 

The  state  treasurer  shall  annually  notify  each  town  as-  Notification 
sessed  under  the  provisions  of  this  section  and  of  section  *°^°^^"S' 
ten,  of  the  amount  of  its  assessment,  and,  except  as  other- 
wise provided  by  section  twenty-six  A,  the  same  shall  be 
paid  by  the  town  to  the  commonwealth  at  the  time  required 
for  the  payment  of,  and  as  a  part  of,  its  state  tax.  The 
commission  shall  annually  notify  the  commissioner  of 
corporations  and  taxation  of  the  liability  of  any  water 
company  for  the  payment  for  any  water  supplied  under  the 
provisions  of  section  ten  and  said  commissioner  shall  collect 
such  cost  as  a  part  of  the  franchise  tax  of  such  water  com- 
pany. All  such  payments  shall  be  transferred  to  the  state 
treasurer  and  used  by  him  to  meet  the  expenses  of  main- 
tenance and  operation  of  the  metropolitan  water  works. 

Section  3.  Said  chapter  ninety-two  is  hereby  further  g.  l.  (Xer. 
amended  by  adding  after  section  twenty-six  the  two  follow-  ne''w'§§^26A 
ing  sections:  —  Section  £6 A.  Beginning  with  the  year  ^^^^^eB, 
nineteen  hundred  and  forty-six  the  price  for  water  furnished  Price  of  water 
by  the  metropolitan  water  district  to  non-member  towns  furnished. 
and  to  member  towns  shall  be  fixed  at  forty  dollars  per 
miUion  gallons,  less  any  sums  to  be  credited.  From  the 
aggregate  total  of  all  of  the  sinking  fund  requirements,  and 
interest  and  principal  pajTuents  on  all  bonds  issued  for  the 
construction  of  the  metropolitan  water  system  under  au- 
thorization of  laws  prior  to  and  including  chapter  three 
hundred  and  twenty-one  of  the  acts  of  nineteen  hundred 
and  twenty-seven  and  amendments  thereto,  and  on  all  bonds 
issued  under  authorization  of  this  section,  the  state  treasurer 
shall  deduct  a  sum  which,  together  with  the  requirements 
for  maintenance  and  operation,  for  miscellaneous  interest, 
and  for  credits  to  any  member  of  the  metropolitan  water 
district  shall  equal  the  product  of  the  total  number  of  mil- 
lion gallons  of  water  furnished  to  member  towns  by  the 
metropolitan  water  district  and  the  price  of  forty  dollars 
per  million  gallons,  and  shall  borrow  the  balance  on  the 
credit  of  the  commonwealth,  and  for  such  purpose  each  year 
the  state  treasurer  is  authorized  to  issue  and  sell  at  public 
or  private  sale  bonds  of  the  commonwealth,  registered  or 
with  interest  coupons  attached,  as  he  may  deem  best,  for 
the  amount  of  said  balance.  All  bonds  issued  by  the  com- 
monwealth as  aforesaid  shall  be  designated  on  their  face 
Metropolitan  Water  District  —  Water  Use  Development 
Loan,  shall  carry  such  rates  of  interest  as  the  state  treasurer, 
with  the  approval  of  the  governor,  may  fix,  shall  be  issued 
for  such  maximum  term  of  years,  not  exceeding  thirty  years 
from  the  date  of  each  issue,  as  the  governor  may  recommend 
to  the  general  court  pursuant  to  section  3  of  Article  LXII 
of  the  amendments  to  the  constitution  of  the  commonwealth, 
and  shall  be  payable  serially  in  such  amounts  and  at  such 
times  as  the  state  treasurer  with  like  approval  may  deter- 
mine; provided,  that  the  principal  payments  of  each  issue 
shall  be  made  annually  in  amounts  as  nearly  equal  as  may 
be. 


608 


Acts,  1945.  —  Chaps.  588,  589. 


Sinking 
fund. 


Assessment 
for  year  1945. 


Effective  date. 


Section  26B,  The  state  treasurer  shall  annually  deter- 
mine the  adequacy  of  the  sinking  fund  established  for  the 
payment  of  bonds  issued  for  the  construction  of  the  metro- 
politan water  system  and  the  necessity  of  adding  to  said 
fund  by  assessments  or  otherwise.  Whenever,  commencing 
in  the  year  nineteen  hundred  and  forty-six,  it  appears  from 
said  annual  determination  that  the  amount  of  the  sinking 
fund  exceeds  the  total  value  of  all  outstanding  metropolitan 
water  works  sinking  fund  bonds,  the  treasurer  shall  apply 
the  amount  of  said  excess  annually  to  meet  the  cost  of 
maintenance  and  operation  of  the  metropolitan  water  works. 
After  said  sinking  fund  has  been  extinguished  upon  the 
maturing  of  all  such  sinking  fund  bonds,  the  treasurer  shall 
apply  annually  all  receipts  theretofore  applicable  to  said 
fund  to  meet  the  cost  of  maintenance  and  operation  of  the 
metropolitan  water  works. 

Section  4.  Notwithstanding  any  provision  of  this  act, 
the  provisions  of  section  twenty-six  of  chapter  ninety-two 
of  the  General  Laws,  as  in  effect  immediately  prior  to  the 
effective  date  of  this  act,  providing  the  method  by  which 
the  state  treasurer  shall  apportion  the  annual  water  assess- 
ment to  the  various  towns  that  are  members  of  the  metro- 
pohtan  water  district,  shall  apply  to  the  assessment  for  the 
year  nineteen  hundred  and  forty-five. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  July  12,  1945. 


Chap.5SS  An  Act  authorizing  and  directing  the  department  of 

PUBLIC    WORKS    TO    ELIMINATE    A    CERTAIN    UNDERPASS    ON 
route  nine  in  the  TOWN  OF  HADLEY. 


Emergency 
preamble. 


Whereas,  The  deferred  operation  of  this  act  would  tend  to 
defeat  its  purpose,  which  is  to  eliminate  at  once  an  existing 
highway  traffic  hazard,  therefore,  it  is  hereby  declared  to 
be  an  emergency  law,  necessary  for  the  immediate  preserva- 
tion of  the  public  safety. 

Be  it  enacted,  etc.,  as  follows: 

The  department  of  public  works  is  hereby  authorized  and 
directed  to  reconstruct  that  portion  of  route  nine  in  the  town 
of  Hadley,  adjacent  to  Flaherty's  underpass,  so-called,  and 
to  do  such  other  work,  including  the  straightening  and  re- 
locating of  the  way,  as  will  eliminate  such  underpass  and 
tend  to  reduce  the  traffic  hazard  now  existing  at  such  place. 

Approved  July  12,  1946. 


Chap.5S9  An  Act  relative  to  the  filing  of  income  tax  returns 

AND  THE  PAYMENT  OF  INCOME  TAXES  BY  PERSONS  SERVING 
in  the  military  OR  NAVAL  FORCES  OF  THE  UNITED  STATES 
OUTSIDE  THE  CONTINENTAL  UNITED  STATES. 


Emergency 
preamble. 


Whereas,  Because  numerous  citizens  of  the  commonwealth 
are  absent  by  reason  of  service  in  the  armed  forces  of  the 
United  States,  and  will  be  unable  to  make  Massachusetts 


Acts,  1945. —  Chap.  590.  609 

income  tax  returns  or  payments  thereon  within  the  periods 
now  established  by  law,  it  is  necessary  that  the  remedial 
legislation  provided  by  this  act  immediately  go  into  opera- 
tion, therefore  it  is  hereby  declared  to  be  an  emergency  law, 
necessary  for  the  immediate  preservation  of  the  public 
convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Notwithstanding  any  contrary  provisions  of  ^Ifng  certain 
general  or  special  law,  no  person  in  the  miUtary  or  naval  income  tax 
forces  of  the  United  States  who  is  serving  outside  the  con-  elSlhed. 
tinental  United  States  or  on  sea  duty  shall  be  required  to  file 
any  income  tax  return  or  to  pay  any  income  tax  until  the 
fifteenth  day  of  the  sixth  month  after  such  service  or  duty 
ceases,  or  until  the  fifteenth  day  of  the  eighth  month  follow- 
ing the  month  in  which  the  present  war  is  terminated,  as 
proclaimed  by  the  president  of  the  United  States  or  as  other- 
wise determined,  whichever  day  is  earlier;  provided,  that 
suspension,  transfer  or  discharge  from  such  service  or  duty 
for  a  period  of  less  than  four  months  shall  not  be  deemed  an 
interruption  or  cessation  of  such  service  or  duty  for  the 
purposes  of  this  act;  and  provided,  further,  that  if  such 
person  dies  or  becomes  incompetent  and  an  executor  of  his 
will  or  an  administrator,  conservator  or  guardian  of  his 
estate  is  appointed,  such  return  shall  be  filed  and  such  tax 
paid  on  the  fifteenth  day  of  the  third  month  after  the  month 
in  which  any  such  executor,  administrator,  conservator  or 
guardian  is  appointed. 

Section  2.  Nothing  herein  provided  shall  be  construed 
as  a  restriction  of  the  right  or  discretion  of  the  commissioner 
of  corporations  and  taxation  to  abate  or  adjust  the  tax  lia- 
bility and  interest  thereon  of  any  person  as  provided  by  law. 

Approved  July  12,  1945. 

An  Act  to  require  security  for  damage  caused  by  motor  nh„jy  5QQ 

VEHICLES    OF   NON-RESIDENTS.  ^ 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.     Chapter  ninety  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  inserting  after  section  three  F  the  following  ^^^'^q^ 
section :  —  Section  SG.     In  an  action  at  law  against  a  non-  added, 
resident  for  damage  to  property  or  for  the  death  of  or  bodily  ll^^ge^  ^""^ 
injury  to  any  person  resulting  from  an  accident  in  this  com-  caused  ^ 
monwealth  alleged  to  have  been  caused  by  a  motor  vehicle  vehicles  of 
owned  or  operated  by  such  non-resident,  the  plaintiff  may  fn^cerukf'**^ 
apply  by  motion  in  writing  filed  in  court  for  an  order  to  show  cases  required, 
cause  why  the  defendant  should  not  be  required  to  furnish 
forthwith  such  security  in  such  amount  as  the  court  shall 
find  reasonable   under   the   circumstances,   after  summary 
hearing,  to  satisfy  any  final  judgment  that  may  be  recovered 
in  such  action,  not  later  than  sixty  days  after  the  entry  of  such 
judgment,  to  the  amount  or  limit  of  not  more  than  five 
thousand  dollars  on  account  of  injury  to  or  death  of  any  one 


610  Acts,  1945. —  Chap.  591. 

person,  and,  subject  to  such  limits  as  respects  injury  to  or 
death  of  one  person,  of  not  more  than  ten  thousand  dollars 
on  account  of  any  one  accident  resulting  in  injury  to  or  death 
of  more  than  one  person,  or  of  not  more  than  one  thousand 
dollars  for  damage  to  property.  If  said  motion  is  filed  before 
the  return  day  of  the  writ,  the  writ  shall  be  entered  with  the 
motion,  and  the  court  shall  issue  an  order  of  notice  to  the 
defendant,  to  be  served  in  like  manner  as  any  process  against 
such  non-residents,  which  shall  be  returnable  within  a 
reasonable  time,  and,  if  service  of  the  writ  has  not  been  made 
upon  the  defendant  or  upon  the  registrar  under  section  three 
A,  the  court  shall  issue  a  further  order  of  notice  for  such 
service.  The  court  shall  accept  as  sufficient  security,  except 
for  damages  to  property,  a  certificate  as  defined  in  section 
thirty-four  A,  or  other  satisfactory  proof  that  the  liability, 
if  any,  for  damages  resulting  from  such  accident  is  insured 
or  secured,  to  the  amounts  or  limits  herein  set  forth,  by  an 
insurance  company  authorized  to  do  business  in  this  com- 
monwealth. 

The  motion  shall  state  the  facts,  and,  if  the  court  finds 
that  such  accident  was  probably  due  to  the  negligence  of  the 
defendant  or  his  agent,  the  court  may  order  the  defendant  to 
furnish  forthwith  such  security  as  aforesaid  and  may  order 
that  until  such  security  is  furnished  the  right  of  the  defendant 
or  of  any  one  employed  or  authorized  by  him  to  operate  a 
motor  vehicle  on  his  behalf  in  this  commonwealth  be  sus- 
pended. Such  an  order  for  security  shall  be  subject  to  modi- 
fication at  the  discretion  of  the  court  as  justice  may  require. 
dfte'?*'''^  Section  2.     This  act  shall  take  effect  on  November  first 

in  the  current  year.  Approved  July  12,  1945. 


Chap.591  An  Act  to  provide  for  the  admission  of  the  town  of 

HINGHAM    TO    THE    SOUTH    METROPOLITAN    SEWERAGE    DIS- 
TRICT FOR  THE  BENEFIT  OF  A  PART  OF  THE  TOWN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  territory  comprising  the  north  sewer  dis- 
trict of  the  town  of  Hingham  as  described  in  section  two  is 
hereby  added  to  the  south  metropolitan  sewerage  district  re- 
ferred to  in  chapter  ninety-two  of  the  General  Laws,  and 
the  town  of  Hingham,  for  the  benefit  of  the  north  sewer  dis- 
trict thereof,  is  hereby  admitted  to  the  south  metropolitan 
sewerage  system.  In  becoming  a  part  of  the  south  metro- 
politan sewerage  system  the  town  of  Hingham  shall  conform 
to  the  provisions  of  chapter  ninety-two  of  the  General  Laws, 
as  amended,  relative  to  the  south  metropolitan  sewerage  sys- 
tem and  shall  be  subject  to  those  provisions  except  as  other- 
wise provided  herein.  Any  general  authority  granted  to  other 
municipalities  by  chapter  ninety- two  shall  also  be  vested  in 
the  town  of  Hingham  in  common  with  such  other  munici- 
palities but  limited  in  application  to  the  territory  compris- 
ing the  Hingham  north  sewer  district. 


Acts,  1945.  — Chap.  591.  611 

Section  2.  The  north  sewer  district  of  the  town  of  Hing- 
ham  shall  consist  of  all  that  part  of  the  town  which  is  situ- 
ated westerly  of  Hingham  harbor  and  northerly  of  a  line 
drawn  as  follows:  Commencing  at  the  junction  of  Wey- 
mouth Back  river,  the  United  States  Naval  reservation  and 
Lincoln  street;  thence  running  easterly,  southeasterly,  south- 
erly and  easterly  along  the  northerly  and  northeasterly  and 
easterly  boundary  of  said  United  States  Naval  reservation 
(which  in  large  part  is  coincident  with  or  near  to  the  south- 
erly line  of  Beal  street  and  part  of  West  street  and  in  other 
part  divides  the  reservation  from  private  property)  to  Fort 
Hill  street  at  the  northeasterly  corner  of  the  reservation 
near  the  entrance  thereto  on  Fort  Hill  street;  thence  on  a 
straight  hne  crossing  Fort  Hill  street  and  running  southeast- 
erly to  the  westerly  end  of  the  southerly  line  of  Lewis  court; 
thence  easterly  on  the  southerly  line  of  Lewis  court  to  Hersey 
street;  thence  crossing  Hersey  street  and  running  northerly 
on  the  easterly  line  of  Hersey  street  to  Ehn  street;  thence 
running  on  the  easterly  line  of  Elm  street  to  its  junction  with 
Emerald  street;  thence  running  easterly  on  the  southerly 
line  of  Emerald  street  to  its  junction  with  Central  street; 
thence  running  southerly  on  the  westerly  line  of  Central 
street  to  Weston  road;  thence  crossing  Central  street  and 
running  northeasterly  and  easterly  on  the  southeasterly  line 
of  Weston  road  and  on  the  southerly  line  of  Bradford  road 
to  the  end  of  Bradford  road;  thence  northeasterly  on  a 
straight  line  through  private  property  to  the  intersection  of 
Main  and  Water  streets;  thence  nmning  northerly  on  the 
easterly  line  of  Water  street  to  Green  street;  thence  run- 
ning easterly  on  the  southerly  line  of  Green  street  and  El- 
dridge  court,  to  the  end  of  Eldridge  court;  thence  on  a 
straight  line  northeasterly  to  the  intersection  of  the  south- 
westerly line  of  Chief  Justice  Gushing  way  with  the  north- 
erly line  of  property  of  the  Old  Colony  Railroad  Company; 
thence  running  northwesterly  on  the  southwesterly  line  of 
Chief  Justice  Gushing  way  through  the  traffic  circle  at  Sum- 
mer street  and  continuing  on  the  same  line  to  Hingham 
harbor;  provided,  that  all  properties  on  this  boundary  line 
other  than  the  United  States  Naval  reservation  shall  to  a 
depth  of  two  hundred  feet  be  included  in  the  Hingham 
north  sewer  district. 

Section  3.  The  metropolitan  district  commission,  in  this 
act  called  the  commission,  shall  provide  an  outlet,  together 
with  a  pump  house  and  pumping  machinery,  at,  or  on  the 
shore  or  upland  near,  the  Hingham-Weymouth  town  line  for 
•  the  sewage  of  the  Hingham  north  sewer  district  and  acting 
on  behalf  of  the  commonwealth  shall  construct  a  trunk  sewer 
from  the  point  of  such  outlet  to  a  point  in  the  trunk  sewer 
of  the  south  metropolitan  sewerage  district  in  the  town  of 
Weymouth  to  be  determined  by  the  commission;  provided, 
that  in  lieu  of  such  construction  the  commission  may  for  the 
commonwealth  acquire  from  the  federal  government  the  force 
main  now  extending  from  the  plant  in  Hingham  of  the  Beth- 


612  Acts,  1945.  — Chap.  591. 

lehem-Hingham  Shipbuilding  Company  to  the  trunk  sewer 
in  Weymouth,  and  in  such  event  may  provide  the  outlet  for 
the  sewage  of  the  Hingham  north  sewer  district,  together 
with  a  pump  house  and  pumping  machinery,  at  such  point 
in  such  force  main  within  the  town  as  the  commission  shall 
deem  advisable. 

Section  4.  For  the  purpose  of  constructing,  acquiring, 
maintaining  and  operating  such  additional  trunk  sewer  and 
otherwise  carrying  out  the  purposes  of  this  act  the  commis- 
sion, acting  on  behalf  of  the  commonwealth,  shall  have  and 
exercise  all  the  authority  conferred  upon  it  by  chapter  ninety- 
two  of  the  General  Laws  and  all  provisions  thereof  are  made 
applicable  to  the  additional  construction,  acquisition,  main- 
tenance and  operation  hereby  authorized  except  as  otherwise 
provided  herein. 

Section  5.  To  meet  the  expenditures  necessary  in  carry- 
ing out  the  provisions  of  this  act  the  state  treasurer  shall 
from  time  to  time,  on  request  of  the  commission  and  sub- 
ject to  the  approval  of  governor  and  council,  issue  bonds  of 
the  commonwealth  to  an  amount  not  exceeding  two  hun- 
dred and  fifty  thousand  dollars  in  addition  to  the  amount 
of  such  bonds  heretofore  authorized  for  the  construction  of 
the  south  metropolitan  sewerage  system.  Such  bonds  shall 
be  issued  as  coupon  or  registered  bonds  for  such  term  of 
years  as  may  be  recommended  by  the  governor  in  accord- 
ance with  section  3  of  Article  LXII  of  the  amendments  to 
the  constitution  and  shall  bear  interest  at  such  rate  as  shall 
be  fixed  by  the  state  treasurer  with  the  approval  of  the  gov- 
ernor and  council. 

Section  6.  The  town  of  Hingham,  in  addition  to  the 
yearly  payment  of  assessments  under  sections  five  to  eight, 
inclusive,  of  chapter  ninety-two  of  the  General  Laws,  shall 
pay  into  the  state  treasury  for  the  sinking  fund  of  the  south 
metropolitan  district  an  entrance  charge  equal  to  that  pro- 
portion of  the  total  amount  of  said  sinking  fund  as  existing 
on  the  first  day  of  April  in  the  year  of  the  acceptance  of  this 
act  and  of  all  sinking  fund  bonds  and  serial  bonds  paid  prior 
to  said  date  which  the  taxable  valuation  of  the  north  sewer 
district  of  said  town  for  said  year  shall  bear  to  the  total 
amount  of  the  valuation  of  the  cities  and  towns  in  said  south 
metropolitan  district  as  determined  for  the  apportionment 
of  assessments;  provided  that  no  amount  shall  be  included 
in  the  computation,  in  any  event,  on  account  of  property 
which  is  owned  by  the  United  States.  Such  proportion  shall 
be  determined  by  the  commission  and  shall  be  certified  by 
said  commission  to  the  state  treasurer.  The  state  treasurer 
shall  determine  the  total  amount  of  the  entrance  charge. 
The  entrance  charge  shall  be  paid  in  ten  equal  successive 
annual  installments,  the  due  dates  of  which  shall  be  the  date 
in  each  year  following  acceptance  of  this  act  by  the  town  on 
which  payments  under  section  five  of  chapter  ninety-two  of 
the  General  Laws  are  due  from  members  of  the  south  met- 
ropolitan sewerage  district.     Provided,  however,  that  prior 


Acts,  1945.  —  Chap.  591.  613 

to  the  date  when  sewage  is  first  discharged  from  the  Hing- 
ham  north  district  sewer  system  into  the  south  metropoHtan 
sewerage  system  no  payment  shall  be  required  from  the  town 
of  Hingham  under  sections  five  to  eight,  inclusive,  of  chap- 
ter ninety-two  of  the  General  Laws,  and  prior  to  such  date 
no  payment  shall  be  made  on  account  of  the  entrance  charge 
which  shall  cause  the  total  of  all  such  entrance  charge  pay- 
ments to  exceed  the  total  sum  theretofore  expended  by  the 
commission  under  section  three  of  this  act.  Any  portion  of 
the  entrance  charge  which,  because  of  the  operation  of  this 
proviso,  remains  unpaid  on  the  date  hereinbefore  specified 
for  the  tenth  and  final  installment  shall  be  paid  by  adding 
one  tenth  of  the  entrance  charge,  or  the  balance  due  if  less 
than  such  one  tenth,  to  each  payment  thereafter  coming  due 
under  section  five  of  chapter  ninety-two  of  the  General  Laws. 

Section  7.  The  town  may  contract  with  the  federal  gov- 
ernment or  any  department  or  agency  thereof  to  furnish  a 
connection  with  the  Hingham  north  district  sewer  system 
for  sewage  originating  on  or  collected  on  any  property  of 
the  federal  government  in  or  adjacent  to  the  area  herein 
defined  as  the  north  sewer  district  of  Hingham,  on  such 
terms  as  it  shall  deem  reasonable. 

Section  8.  The  commission  pending  construction  or  pur- 
chase of  a  trunk  sewer  to  connect  the  Hingham  north  dis- 
trict sewer  system  with  the  south  metropolitan  sewerage 
system  may,  for  any  period  not  in  excess  of  five  years  con- 
tract that  such  sewage  shall  be  moved  through  the  force 
main  now  owned  by  the  federal  government,  described  in 
section  three  of  this  act. 

Section  9.  If  after  the  acceptance  of  this  act  by  the 
town  it  shall  by  vote  of  its  inhabitants  at  any  town  meeting 
request  that  additional  territory,  accurately  described  in  the 
vote,  be  included  in  the  north  sewer  district  of  the  town  the 
commission  may,  by  its  determination,  cause  such  addition 
to  be  made.  An  entrance  fee  shall  be  computed  for  such 
territory  in  accordance  with  the  substance  of  section  six, 
using  for  the  computation  the  total  amount  of  the  sinking 
fund  of  the  south  metropohtan  sewerage  district  on  the  first 
day  of  April  in  the  year  of  such  determination  and  of  all 
sinking  fund  bonds  and  serial  bonds  paid  prior  to  such  date, 
and  the  respective  taxable  valuations  on  said  date  of  the  ter- 
ritory added  to  the  district  by  such  determination  and  of  all 
the  cities  and  towns  in  said  south  metropolitan  sewerage 
district.  Such  entrance  charge  shall  be  payable  in  ten  equal 
successive  installments  beginning  with  the  date  for  the  next 
payment  by  the  town  under  sections  five  to  eight,  inclusive, 
of  chapter  ninety-two  of  the  General  Laws,  but  may  be  an- 
ticipated at  the  option  of  the  town. 

Section  10.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  the  town  of  Hingham  at  any  annual  or  special 
town  meeting,  but  not  otherwise.     Approved  July  12 ,  1945, 


614 


Acts,  1945. —  Chaps.  592,  593. 


Chap. 592  An  Act  relative  to  payments  by  the  commonwealth 

TO  CERTAIN  TOWNS  IN  REIMBURSEMENT  FOR  LOSS  OP 
TAXES  BY  REASON  OF  PROPERTY  TAKEN  FOR  FLOOD  CON- 
TROL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  fifty-eight  of  the  General  Laws  is 
hereby  amended  by  inserting  after  section  seventeen  A,  as 
appearing  in  the  Tercentenary  Edition,  the  following  sec- 
tion:—  Section  17B.  The  state  treasurer  shall  annually, 
not  later  than  November  twentieth,  upon  certification  by 
the  commissioner  of  corporations  and  taxation  as  herein- 
after provided,  pay  to  each  town  in  which  property  has  been 
taken  for  flood  control  by  the  United  States  pursuant  to 
consent  granted  by  the  commonwealth  under  chapter  two 
hundred  and  eighty-four  of  the  acts  of  nineteen  hundred 
and  thirty-nine,  an  amount  determined  by  multiplying  each 
thousand  dollars  of  the  average  assessed  valuation  of  such 
property  for  the  last  three  years  prior  to  acquisition  by  the 
United  States,  or  fractional  part  thereof,  by  the  rate  pro- 
vided for  under  section  fifty-eight  of  chapter  sixty-three. 
Said  commissioner  shall  annually  ascertain  said  valuation 
and  the  amount  to  be  paid  to  each  town,  and  shall  certify 
the  same  to  the  state  treasurer  not  later  than  November 
first. 

Section  2.  This  act  shall  apply  in  the  year  nineteen 
hundred  and  forty-five  and  thereafter. 

Approved  July  12,  1945. 


G.  L.  (Ter. 
Ed.),  58, 
new  §  17B, 
added. 

Reimburse- 
ment to 
certain  towns 
for  loss  of 
taxes  by 
reason  of 
property 
taken  for 
flood  control. 


Effec-tive  date. 


Chap. 593  An  Act  relative  to  the  collection  by  the  commis- 
sioner OF  INSURANCE  OF  CHARGES  AND  FEES  FOR  THE 
VALUATION  OF  CERTAIN  ANNUITY  CONTRACTS  ISSUED  BY 
DOMESTIC    LIFE    INSURANCE    COMPANIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  fourteen  of  chapter  one  hundred 
and  seventy-five  of  the  General  Laws,  as  amended,  is  hereby 
further  amended  by  striking  out  the  paragraph  inserted  by 
section  one  of  chapter  fifty-four  of  the  acts  of  nineteen 
hundred  and  forty-three,  and  inserting  in  place  thereof  the 
following  paragraph :  — 

For  the  valuation  of  each  outstanding  group  annuity 
contract  issued  by  a  domestic  company  including  all  annuity 
benefits  evidenced  by  certificates  issued  thereunder,  four 
cents,  and  a  like  sum  for  the  valuation  of  each  annuity  con- 
tract other  than  a  group  annuity  contract. 

Section  2.  The  fee  established  by  section  one  of  this 
act  shall  be  collected  by  the  commissioner  of  insurance  from 
each  domestic  life  insurance  company,  for  his  valuation  of 
each  of  its  outstanding  group  annuity  contracts,  including 
all  annuity  benefits  evidenced  by  certificates  issued  there- 
under, and  each  other  of  its  annuity  contracts,  under  section 


G.  L.  (Ter. 
Ed.),  175, 
§  14,  etc., 
amended. 


Collection 
of  charges 
and  fees. 


Effective  date. 


Acts,  1945.  —  Chaps.  594,  595.  615 

nine  of  chapter  one  hundred  and  seventy-five  of  the  General 
Laws  during  the  years  nineteen  hundred  and  forty-three 
and  nineteen  hundred  and  forty-four,  anything  to  the  con- 
trary m  chapter  fifty-four  of  the  acts  of  nineteen  hundred 
and  forty-three  notwithstanding,  as  well  as  for  such  valua- 
tions made  in  subsequent  years. 

Approved  July  12,  1945. 


An   Act  making   the   election   commissioners   op  the  (JJiq^  594 
city  of  lowell  eligible   for  certain  increases   of 

SALARY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  election  commissioners  of  the  city  of 
Lowell  shall  be  entitled  to  receive  increases  in  their  salaries 
when  such  increases  are  granted  to  officers  and  employees 
of  said  city  generally,  notwithstanding  that  the  salaries  of 
said  election  commissioners  are  fixed  by  statute. 

Section  2.  This  act  shall  take  effect  as  of  January  first, 
nineteen  hundred  and  forty-five  upon  its  acceptance  by 
vote  of  the  city  council  of  said  city,  subject  to  the  provisions 
of  its  charter,  but  not  otherwise. 

Approved  July  12,  1945. 


Chap.595 


An  Act  relative  to  the  fees  for  the  registration  of 
certain  non-gasoline  driven  tractors  and  semi- 
trailer UNITS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  one  of  chapter  ninety  of  the  General  %^\-^q^'- 
Laws,  as  amended,  is  hereby  further  amended  by  striking  §  i,  etc.,' 
out  the  definition  of  "Heavy  duty  platform  trailer",  inserted  ^^^'^  ^ 
by  chapter  thirty  of  the  acts  of  nineteen  hundred  and  forty- 
one,  and  inserting  in  place  thereof  the  following  paragraph :  — 

"Heavy  duty  platform  trailer",  a  trailer  other  than  a  semi-  Term  "heavy 
trailer,  especially  constructed  for  transporting  machinery,  i^J^^^f}^^^°^^ 
contractors'  equipment,   or  other  heavy  or  clumsy  units,  defined. 
The  top  surface  of  the  deck  or  platform  of  such  a  vehicle 
shall  not  be  more  than  thirty-six  inches  above  the  surface 
on  which  the  wheels  of  the  vehicle  rest. 

Section  2.     Section  thirty-three  of  said  chapter  ninety  o.  l.  (Ter. 
is  hereby  amended  by  striking  out  subdivision  (2),  as  appear-  f  ssjet!;'., 
ing  in  chapter  three  hundred  and  seventy-seven  of  the  acts  amended. 
of  nineteen  hundred  and  thirty-seven,  and  inserting  in  place 
thereof  the  following  subdivision :  — 

(2)  For  the  registration  of  every  non-gasoline  driven  Registration 
tractor  which  is  a  part  of  a  semi-trailer  unit  used  for  the  [?|iie/ units'. 
transportation  of  property,  fifty  cents  for  every  hundred 
pounds  of  the  weight  of  the  tractor  and  of  the  weight  of  the 
heaviest  semi-trailer  with  which  such  tractor  is  combined 
and  operated,  plus  the  maximum  carrying  capacity  of  such 
semi-trailer,  and  for  the  registration  of  every  gasoline  driven 


616 


Acts,  1945. —  Chap.  595. 


G.  L.  (Ter. 
Ed.).  90, 
§  33,  etc., 
amended. 


Fee  for 

registration 
of  certain 
tractors,  etc. 


G.  L.  (Ter. 
Ed.),  90, 
§  19,  etc., 
amended. 


Carrying 
capacity 
of  motor 
vehicles. 


tractor  which  is  a  part  of  a  semi-trailer  unit  so  used,  fifteen 
cents  for  every  hundred  pounds  of  the  weight  of  such  tractor 
and  of  the  weight  of  the  heaviest  semi-trailer  with  which 
such  tractor  is  combined  and  operated,  plus  the  maximum 
carrying  capacity  of  such  semi-trailer,  but  in  no  event  less 
than  forty  dollars  nor  more  than  three  hundred  dollars  in 
the  case  of  a  non-gasoHne  driven  tractor  which  is  part  of  a 
semi-trailer  unit,  or  less  than  twelve  dollars  nor  more  than 
ninety  dollars  if  gasoline  driven. 

Section  3.  Subdivision  (6)  of  the  paragraph  of  said 
section  thirty-three  of  said  chapter  ninety  which  was  most 
recently  amended  by  section  four  of  chapter  three  hundred 
and  fifty-four  of  the  acts  of  nineteen  hundred  and  thirty- 
nine  is  hereby  further  amended  by  striking  out  said  sub- 
division (6)  and  inserting  in  place  thereof  the  following 
subdivision :  — 

(6)  For  the  registration  of  every  non-gasoline  driven 
tractor  not  a  part  of  a  semi-trailer  unit,  fifty  cents  for  every 
hundred  pounds  of  the  weight  of  the  tractor  and  its  equip- 
ment, but  in  no  event  less  than  ten  dollars,  and  for  the  regis- 
tration of  every  gasoline  driven  tractor  not  a  part  of  a  semi- 
trailer unit,  fifteen  cents  for  every  hundred  pounds  of  the 
weight  of  the  tractor  and  its  equipment,  but  in  no  event  less 
than  six  dollars;  except  that  the  fee  to  be  collected  for  the 
registration  of  a  farm  tractor  not  a  part  of  a  semi-trailer 
unit  shall  be  two  dollars  if  the  tractor  is  used  exclusively  for 
agricultural  purposes.  The  provisions  of  this  paragraph  shall 
not  apply  to  any  vehicle  the  fee  for  the  registration  of  which 
is  provided  for  in  the  second  preceding  paragraph.  The 
aforesaid  weight  shall  mean  the  weight  of  such  vehicle  when 
fully  equipped  for  the  road.  The  commissioner  of  public 
works  may  establish  rules  for  determining  the  weight  of  such 
vehicle  and  its  maximum  carrying  capacity,  and  he  may  in 
his  discretion  use  the  maker's  weight  with  due  allowance 
for  extras. 

Section  4.  Section  nineteen  of  said  chapter  ninety,  as 
most  recently  amended  by  chapter  three  hundred  and  four- 
teen of  the  acts  of  nineteen  hundred  and  forty-one,  is  hereby 
further  amended  by  striking  out,  in  the  twenty-fourth'  and 
twenty-fifth  lines,  the  words  "used  for  purposes  other  than 
the  transportation  of  goods,  wares  and  merchandise", — 
so  that  the  last  two  sentences  will  read  as  follows :  —  No 
trailer  having  a  carrying  capacity  of  more  than  one  thousand 
pounds,  other  than  a  semi-trailer,  or  a  heavy  duty  platform 
trailer,  or  a  trailer  used  solely  for  the  transportation  of  horses 
by  the  owner  of  such  horses  under  a  special  permit  hereby 
authorized  to  be  granted  to  such  owner  by  the  department 
of  public  works,  shall  be  operated  or  drawn  on  the  ways  of 
the  commonwealth;  provided,  that  a  trailer  having  a  carry- 
ing capacity  of  more  than  one  thousand  pounds  may  be 
operated  or  drawn  upon  any  way  for  a  distance  not  exceed- 
ing one  half  mile,  if  said  trailer  is  used  exclusively  for  agri- 
cultural purposes,   or  for  a  distance  not  exceeding  three 


Acts,  1945. —  Chap.  596.  617 

hundred  yards,  if  such  trailer  is  used  for  industrial  purposes 
other  than  agricultural  purposes,  for  the  purpose  of  going 
from  property  owned  or  occupied  by  the  owner  of  such 
trailer  to  other  property  so  owned  or  occupied.  No  motor 
vehicle  shall  be  operated  on  any  way  to  draw  more  than  one 
trailer  or  other  vehicle.  Approved  July  12,  1945. 


An  Act  further  regulating  the  practice  of  funeral  (Jfiar)  596 

DIRECTING   AND    EMBALMING.  t^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  eighty-two  of  chapter  one  hundred  Ed)"ii2'^' 
and  twelve  of  the  General  Laws,  as  amended  by  section  one  §  82,'  etc..' 
of  chapter  one  himdred  and  sixty  of  the  acts  of  nineteen  ^"'®'"^®^- 
hundred  and  thirty-nine,  is  hereby  further  amended  by  in- 
serting after  the  preliminary  paragraph,  as  appearing  in  sec- 
tion three  of  chapt'er  four  hundred  and  seven  of  the  acts  of 
nineteen  hundred  and  thirty-six,  the  following  definition :  — 

"Apprentice",  a  person  eighteen  years  of  age  or  over  Term 
practicing  embalming  or  funeral  directing  under  the  direct  desTed^*'*^^ ' 
and  immediate  supervision  of  a  duly  registered  embalmer  or 
a  duly  registered  and  licensed  funeral  director,  as  the  case 
may  be. 

Section  2.    Said  chapter  one  hundred  and  twelve  is  hereby  g.  l.  (Ter. 
further  amended  by  striking  out  section  eighty-three,  as  fsa.'e"^,' 
most  recently  amended  by  section  four  of  said  chapter  one  amended.' 
hundred  and  sixty,  and  inserting  in  place  thereof  the  follow- 
ing section :  —  Section  83.     Applications  for  registration  as  Rules  and 
embalmers  or  as  funeral  directors,  signed  and  sworn  to  by  regulations, 
the  applicant,  shall  be  made  on  blanks  furnished  by  the 
board. 

Each  applicant  for  registration  as  an  embalmer,  who  shall 
furnish  the  board  with  satisfactory  proof  that  he  is  a  citizen 
of  the  United  States  of  good  moral  character,  that  he  is 
twenty-one  years  of  age  or  over,  that  he  possesses  the  edu- 
cational qualities  required  for  graduation  from  a  high  school, 
or  has  attained  the  practical  equivalent  of  a  high  school  edu- 
cation, that  he  has  been  graduated  from  an  embalming 
school  approved  by  the  board  which  gives  a  course  of  in- 
struction of  not  less  than  nine  months,  and  that  he  has 
served  a  term  of  apprenticeship  of  not  less  than  two  years 
with  a  registered  embalmer,  during  which  term  he  has  em- 
balmed not  less  than  twenty-five  dead  human  bodies,  shall, 
upon  payment  of  five  dollars,  be  entitled  to  be  examined, 
and,  if  found  by  the  board  to  be  qualified,  shall  be  registered 
by  it  as  an  embalmer,  and  shall  receive  a  certificate  thereof 
signed  by  the  chairman  and  secretary  of  the  board. 

Each  applicant  for  registration  as  a  funeral  director,  who 
shall  furnish  the  board  with  satisfactory  proof  that  he  is  a 
citizen  of  the  United  States  of  good  moral  character,  and 
that  he  is  twenty-one  years  of  age  or  over,  that  he  has  been 
graduated  from  a  funeral  directing  school  approved  by  the 


618  Acts,  1945.  — Chap.  596. 

board  which  gives  a  course  of  instruction  of  not  less  than 
nine  months,  and  that  he  has  served  a  term  of  apprentice- 
ship of  not  less  than  two  years  with  a  registered  funeral 
director,  shall,  upon  payment  of  five  dollars,  be  entitled  to 
be  examined,  and,  if  found  by  the  board  to  be  qualified  to 
prepare  such  death  certificates  and  other  documents  as  are 
required  in  the  ordinary  course  of  his  business,  and  to  be 
famihar  with  the  precautions  to  be  taken  by  an  undertaker 
to  prevent  the  spread  of  communicable  diseases  and  to  be 
conversant  with  the  laws  of  the  United  States  and  of  this 
commonwealth  relative  to  the  custody  of  dead  human  bodies, 
the  preparation  of  such  bodies  for  burial,  cremation,  and 
shipment  and  relative  to  their  burial,  cremation  and  ship- 
ment, shall  be  registered  by  the  board  as  qualified  to  be 
licensed  under  section  forty-nine  of  chapter  one  hundred  and 
fourteen  as  a  funeral  director;  provided,  that  he  shall  not 
be  so  licensed  until  he  furnishes  satisfactory  proof  to  the 
board  that  he  maintains  within  the  commonwealth  an  under- 
taking estabHshment  so  located,  constructed  and  equipped 
as  to  permit  the  sanitary  handling  of  dead  human  bodies 
and  maintains  in  such  establishment  suitable  equipment  for 
such  handling. 

AppHcants  for  registration  as  embalmers  or  as  funeral 
directors  may,  upon  the  payment  of  three  dollars,  be  re- 
examined at  any  meeting  of  the  board. 

There  shall  be  paid  annually  to  the  secretary  of  the  board 
by  every  registered  embalmer  the  sum  of  two  dollars,  and 
by  every  registered  funeral  director  the  sum  of  five  dollars, 
on  or  before  such  date  as  the  board  may  determine,  as  a 
fee  for  the  renewal  of  his  registration.  Upon  failure  to  make 
payment  of  such  fee  on  or  before  the  date  so  designated  by 
the  board,  such  registration  shall  be  revoked  by  the  board. 
In  case  a  registered  embalmer  or  funeral  director  fails  to  pay 
the  required  fee  to  renew  his  registration  not  later  than  the 
day  so  designated,  the  board,  not  later  than  two  days  there- 
after, shall  so  notify  him.  Upon  application  by  an  embalmer 
or  funeral  director  whose  registration  has  been  so  revoked, 
within  twenty  days  after  the  date  of  such  notice,  and  upon 
the  payment  of  ten  dollars  in  addition  to  the  regular  fee  for 
renewal,  a  registration  so  revoked  may  be  reinstated  by  the 
board. 

The  board  shall  hold  examinations  for  applicants  for 
registration  hereunder  at  such  times  and  places  and  in  such 
manner  as  it  shall  determine. 

A  certified  list  of  all  funeral  directors  registered  by  the 
board  shall  be  sent  by  the  board,  annually  before  May  first, 
to  the  boards  of  health  of  the  several  cities  and  towns  of 
the  concunon wealth. 

Every  registered  embalmer  and  every  registered  and  li- 
censed funeral  director  shall  immediately  report  in  writing 
to  the  board  the  name,  age  and  address  of  each  apprentice 
working  under  his  direction  and  training.  Upon  payment  of 
a  registration  fee  of  one  dollar  by  said  apprentice  to  the  secre- 


Acts,  1945.  —  Chap.  597.  619 

tary  of  the  board,  the  name  of  such  apprentice  shall  be 
entered  in  the  register  of  the  board  for  the  registering  of 
apprentices.  When  any  person  so  registered  by  the  board 
leaves  the  employ  of  said  embalmer  or  funeral  director,  the 
employer  shall  notify  the  board,  and  the  name  of  said  ap- 
prentice shall  be  removed  from  the  register.  No  apprentice 
shall  be  considered  as  serving  a  term  of  apprenticeship  unless 
he  is  registered  with  the  board  in  accordance  with  these 
provisions.  Nothing  herein  contained  shall  apply  to  any 
period  of  apprenticeship  served  prior  to  the  first  day  of 
October,  nineteen  hundred  and  thirty-two,  nor  prohibit  the 
employment  of  persons  not  registered,  whose  work  does  not 
include  the  actual  participation  in  preserving,  disinfecting 
and  preparing  in  any  manner  dead  human  bodies  or  the 
directing  or  supervision  of  funerals. 

There  shall  be  paid  annually  to  the  secretary  of  the  board 
by  every  registered  apprentice  a  fee  of  one  dollar  to  renew 
his  registration.  Upon  failure  to  make  a  payment  of  such 
fee  on  or  before  his  annual  renewal  date,  such  registration 
shall  be  revoked  by  the  board.  The  board  shall  cause  to  be 
mailed  to  each  registered  apprentice  a  registration  card 
signed  by  the  chairman  and  secretary  of  the  board  and  con- 
taining such  information  thereon  as  the  board  may  deem 
pertinent. 

No  person  shall  be  employed  as  an  apprentice  except  in 
accordance  with  the  foregoing  provisions. 

Registration  fees  shall  not  apply  to  any  person  who  has 
served  in  the  armed  forces  of  the  United  States  during  time 
of  war.  Approved  July  12,  1945. 


An  Act  to  convey  to  e.  anthony  &  sons,  incorporated,  Chap. 597 

CERTAIN    land    BELONGING    TO    THE    COMMONWEALTH     IN 
THE   ACUSHNET   RIVER    AND    NEW   BEDFORD    HARBOR. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  department  of  public  works,  acting  for 
and  in  behalf  of  the  commonwealth  shall,  subject  to  the 
approval  of  the  governor  and  council,  sell  and  convey  for 
ten  thousand  dollars  to  E.  Anthony  &  Sons,  Incorporated,  a 
Massachusetts  corporation  having  a  principal  office  in  the 
city  of  New  Bedford,  the  fee  in  the  lands  within  the  area 
bounded  and  described  as  follows :  — 

Beginning  at  the  intersecting  point  in  the  line  of  the  ex- 
treme low-water  mark  of  New  Bedford  harbor  and  the 
northerly  Une  of  Ruth  street  produced,  thence,  on  a  true 
bearing  north  48  degrees  10  minutes  east  to  the  west  bound- 
ary of  the  main  ship  channel  of  the  Acushnet  river  and  New 
Bedford  harbor;  then,  beginning  again  at  the  pomt  of  begin- 
ning thence  northerly  in  the  line  of  the  extreme  low-water 
mark  of  New  Bedford  harbor  and  the  Acushnet  river  to  a 
point  formed  by  the  intersection  of  said  extreme  low-water 
mark  and  a  line  which  is  the  easterly  extension  of  an  interior 


620  Acts,  1945.  —  Chap.  598. 

angle  of  128  degrees  45  minutes  at  a  stone  bound  shown  as 
point  A  on  plan  of  Division  Line  Agreement  between  City- 
Manufacturing  Company  and  Potomska  Mills  Corporation, 
dated  February  7,  1924,  and  recorded  in  Bristol  County 
(S.  D.)  Registiy  of  Deeds  Planbook  25,  page  140;  thence, 
easterly  to  the  point  of  intersection  of  the  extreme  low-water 
mark  on  the  west  shore  of  Pakner's  island  with  the  westerly 
extension  of  the  boundary  Ime  separating  the  property  of 
the  United  States  government  on  Palmer's  island  from  the 
remainder  of  said  island  owned  by  E.  Anthony  &  Sons,  In- 
corporated ;  thence,  in  the  line  of  the  said  extreme  low- water 
mark  of  Palmer's  island  southerly,  easterly  and  northerly 
to  a  point  formed  by  the  intersection  of  an  extension  easterly 
of  the  south  boundary  of  the  property  of  the  United  States 
government  on  Palmer's  island  with  the  line  of  extreme  low- 
water  mark;  thence,  due  east  to  the  west  boundary  of  the 
main  ship  channel  of  the  Acushnet  river  and  New  Bedford 
harbor;  thence,  southerly  in  line  of  the  west  boundary  of 
said  mam  ship  channel  to  the  point  of  intersection  with  the 
first  described  hne;  subject  to  the  rights,  if  any,  of  Naushon 
Mills,  Inc.,  The  Hathaway  Manufacturing  Company,  the 
city  of  New  Bedford  and  of  any  other  abutting  owners. 

Section  2.  Said  department  of  public  works,  acting  as 
aforesaid,  shall  release  the  city  of  New  Bedford  from  the 
express  condition  of  the  license  from  the  commonwealth  to 
the  said  city,  dated  December  23,  1943,  and  recorded  in 
Bristol  County  (S.  D.)  Registry  of  Deeds,  Book  875,  page 
390,  said  express  condition  relating  to  the  use  of  certain  fill 
generally  described  in  a  plan  recorded  in  said  Registry  of 
Deeds  Planbook  35,  page  29,  and  said  department  may 
license,  under  the  provisions  of  chapter  ninety-one  of  the 
General  Laws,  said  E.  Anthony  &  Sons,  Incorporated  to 
fill  said  area,  or  any  part  of  it,  notwithstanding  the  harbor 
line  established  under  the  provisions  of  chapter  one  hundred 
and  twenty-seven  of  the  acts  of  nineteen  hundred  and  thirty- 
seven,  and  no  charge  for  tide-water  displacement  shall  be 
made  for  such  fill.  Approved  July  12,  191^5, 


Chap.5QS  An  Act  making  unnecessary  the  filing  of  bonds  to 

SECURE    CERTAIN    LICENSES    AND    PERMITS    IN    CONNECTION 
WITH  THE  SALE  OF  ALCOHOLIC  BEVERAGES. 

Be  it  enacted,  etc.,  as  follows: 

G.  L.  (Ter.  Chapter  one  hundred  and  thirty-eight  of  the   General 

§  70.'  etc.,'         Laws  is  hereby  amended  by  striking  out  section  seventy,  as 
amended.         amended  by  section  two  of  chapter  three  hundred  and  one 
of  the  acts  of  nineteen  hundred  and  thirty-four,  and  insert- 
ing in   place   thereof  the  following  section :  —  Section  70. 
notTo  be^*""     No  license  or  permit  under  this  chapter  shall  be  granted  by 
'  issued  until       the  commlssiou  or  the  local  licensing  authorities  unless  the 
ee  la  pai  .        ^^^  thcrcfor  has  been  paid  into  the  state  treasury  or  the  city 
or  town  treasury,  as  the  case  may  be.    No  license  shall  be 


Acts,  1945.  —  Chap.  599.  621 

granted  by  the  commission  under  sections  eighteen,  nine-  Certain 
teen  or  seventy-six  miless  the  apphcant  shall  have  filed  with  to  b^Hsgued 
the  state  treasurer  a  bond  running  to  the  commonwealth,  until  bond 
Every  such  bond  shall  be  in  a  penal  sum  and  form  approved 
by  the  commission  and  be  executed  by  the  applicant  as 
principal  and  by  a  surety  company  authorized  to  do  business 
in   the   commonwealth   as   surety,    conditioned   upon   per- 
formance by  the  licensee  of  all  the  conditions  of  the  license 
and  observance  of  all  provisions  of  this  chapter. 

Approved  July  12,  1945. 


An  Act  establishing  and  defining  the  boundary  line  Chav.^^O 

BETWEEN  the  TOWNS  OF  BREWSTER  AND  D.ENNIS  AND  THE 
BOUNDARY  LINE  BETWEEN  THE  TOWNS  OF  DENNIS  AND 
HARWICH. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  following  described  line  shall  hereafter 
be  the  dividing  line  between  the  towns  of  Brewster  and 
Dennis:  —  Beginning  at  corner  1,  an  unmarked  point  in 
Cape  Cod  bay,  at  the  mouth  of  Quivett  creek;  thence 
southwesterly  along  the  middle  of  Quivett  creek  to  corner 
2,  a  point  in  the  middle  of  the  creek  opposite  the  witness 
mark  on  the  southerly  bank;  thence  south  12°  56'  east 
about  10  feet  to  the  witness  mark,  a  rough  granite  monu- 
ment marked  B/D  and  standing  on  the  southerly  side  of  a 
small  brook  flowing  into  Quivett  creek,  at  a  small  dike 
south  of  the  Old  County  road;  thence  in  the  same  direction 
14,037  feet  to  the  corner  of  Brewster,  Dennis  and  Harwich, 
a  rough  granite  monument  marked  BDH  and  situated  in 
pine  woods,  about  450  feet  west  of  Francis  Washburn's 
cranberr}^  bog. 

Section  2.  The  following  described  line  shall  hereafter 
be  the  dividing  line  between  the  towns  of  Dennis  and  Har- 
wich :  —  Beginning  at  the  corner  of  Brewster,  Dennis  and 
Harwich,  a  rough  granite  monument  marked  BDH  and 
situated  in  pine  woods  about  450  feet  west  of  Francis  Wash- 
biu-n's  cranberry  bog;  thence  south  13°  33'  east  18,544  feet 
to  witness  mark  at  corner  1,  a  rough  granite  monument 
marked  DH  and  situated  on  the  bank  near  high-water  mark 
of  Nantucket  sound,  and  about  275  feet  southwest  of  Hotel 
Belmont;  thence  in  same  direction  about  275  feet  to  true 
corner,  a  point  at  low-water  mark  of  the  sound. 

Section  3.  The  towns  of  Harwich  and  Dennis  may 
enter  into  an  agreement  relative  to  the  maintenance,  repair 
or  construction,  by  either  or  both  of  them,  of  ways  through 
which  the  boundary  line  between  said  towns  runs,  and 
employees  of  said  towns  engaged  in  such  maintenance, 
repair  or  construction  work  outside  the  boundaries  of  their 
respective  towns  shall  have  the  same  immunities  and  privi- 
leges as  if  working  within  said  boundaries. 

Approved  July  12,  1946. 


622 


Acts,  1945. —  Chap.  600. 


Chap.QOO      An  Act  further  regulating  industrial  homework. 


G.  L.  (Ter. 
Ed.),  149, 
§  143,  etc., 
amended. 


Definitions. 


G.  L.  (Ter. 
Ed.),  149, 
§  144,  etc., 
amended. 


Manufacture 
of  certain 
goods,  etc., 
at  home, 
prohibited. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  one  hundred  and  forty-nine  of  the 
General  Laws  is  hereby  amended  by  striking  out  section  one 
hundred  and  forty-three,  as  appearing  in  chapter  four 
hundred  and  twenty-nine  of  the  acts  of  nineteen  hundred 
and  thirty-seven,  and  inserting  in  place  thereof  the  follow- 
ing section:  —  Section  143.  The  following  words,  as  used 
in  this  section  and  in  sections  one  hundred  and  forty-four 
to  one  hundred  and  forty-seven  H,  inclusive,  unless  the 
context  otherwise  requires,  shall  have  the  following  mean- 
ings :  — 

"Employer",  any  person  who,  directly  or  indirectly,  or 
through  an  employee,  agent,  independent  contractor  or 
other  person,  furnishes  to  another  person  any  materials  or 
articles  to  be  manufactured  or  worked  upon  in  a  home,  and 
thereafter  to  be  returned  to  himself  or  on  his  order,  for  use 
other  than  the  personal  use  of  himself  or  of  a  member  of  his 
family. 

"Home",  any  room,  house,  apartment  or  other  premises, 
whichever  is  most  extensive,  used  in  whole  or  in  part  as  a 
place  of  dwelling. 

"Industrial  homework",  any  manufacture  of  or  work 
upon  materials  or  articles  in  a  home  for  an  employer,  ex- 
clusive of  domestic  service. 

The  verb  "to  manufacture",  as  used  in  its  different 
moods  and  tenses,  includes  to  prepare,  alter,  repair  or  finish 
in  whole  or  in  part. 

Section  2.  Section  one  hundred  and  forty-four  of  said 
chapter  one  hundred  and  forty-nine,  as  so  appearing,  is 
hereby  amended  by  inserting  after  the  word  "of",  the  first 
time  such  word  appears  in  the  first  line,  the  words :  —  or 
work  upon,  —  by  inserting  after  the  word  "manufacture", 
in  the  fifth  line,  the  words:  —  or  work  upon,  —  and  by 
inserting  after  the  word  "of",  in  the  ninth  line,  the  words: 
—  or  work  upon,  —  so  as  to  read  as  follows:  —  Section  144- 
The  manufacture  of  or  work  upon  any  of  the  following  by 
industrial  liomework  shall  be  unlawful,  and  no  permit 
issued  under  section  one  hundred  and  forty-seven  or  cer- 
tificate issued  under  section  one  hundred  and  forty-seven  A 
shall  be  deemed  to  authorize  such  manufacture  or  work 
upon  or  the  delivery  of  materials  for  such  manufacture: 
tobacco;  drugs  and  poisons;  bandages  and  other  sanitary 
goods;  explosives,  fireworks  and  articles  of  like  character; 
articles,  the  manufacture  of  or  work  upon  which  by  industrial 
homework  is  determined  by  the  commissioner,  after  investi- 
gation and  hearing  in  the  manner  provided  by  sections  one 
hundred  and  forty-five  and  one  hundred  and  forty-six  to 
be  injurious  to  the  health  or  welfare  of  the  industrial  home- 
workers  within  the  industry  or  to  render  unduly  difficult 
the  maintenance  of  existing  labor  standards  or  the  enforce- 


Acts,  1945. —  Chap.  600.  623 

ment  of  labor  standards  established  by  law  or  regulation 
for  factory  workers  in  the  industry. 

Section  3.  The  first  paragraph  of  section  one  hundred  EdViJg'^' 
and  forty-seven  of  said  chapter  one  hundred  and  forty-nine,  §  147.  etc., 
as  amended  by  chapter  five  hundred  and  thirty-nine  of  the  ^"'°"'^^'^- 
acts  of  nineteen  hundred  and  forty-one,  is  hereby  further 
amended  by  inserting  after  the  word  "manufacture",  in  the 
first  line,  the  words :  —  or  to  be  worked  upon,  —  and  by 
inserting  after  the  word  "manufacture",  in  the  seventeenth 
line,  the  words :  —  or  to  be  worked  upon,  —  so  as  to  read 
as  follows :  —  No  materials  for  manufacture  or  to  be  worked  ^gj^vir"  ^° 
upon  by  industrial  homework  shall  be  delivered  to  any  per-  material. 
son  in  the  commonwealth  unless  the  employer  so  delivering 
them,  or  his  agent  if  the  employer  is  not  a  resident  of  this 
commonwealth,  has  in  his  possession  a  valid  permit  issued 
by  the  commissioner  under  authority  of  this  section,  here- 
inafter and  in  sections  one  hundred  and  forty-seven  A  to 
one  hundred  and  forty-seven  H,  inclusive,  called  an  em- 
ployer's permit.  Such  permit  shall  be  issued  by  the  com- 
missioner, may  be  renewed  annually  by  him,  and,  subject 
to  the  last  sentence  of  section  one  hundred  and  forty-five, 
shall  be  valid  for  a  period  of  one  year  from  the  date  of 
its  issuance,  unless  sooner  revoked  or  suspended.  Applica- 
tion for  such  permit  shall  be  made  in  such  form  as  the  com- 
missioner may  from  time  to  time  by  rule  or  regulation  pre- 
scribe. No  employer  shall  deliver  or  cause  to  be  delivered 
any  materials  or  articles  for  manufacture  or  to  be  worked 
upon  by  industrial  homework  to  a  person  who  is  not  in  pos- 
session of  a  valid  employer's  permit,  or  a  homeworker's 
certificate  issued  in  accordance  with  this  or  the  following  sec- 
tion. The  commissioner  may  revoke  or  suspend  an  employ- 
er's permit  if  he  finds  that  the  employer  has  violated  any 
provision  of  sections  one  hundred  and  forty-four  to  one  hun- 
dred and  forty-seven  H,  inclusive,  or  has  failed  to  observe 
or  comply  with  any  provision  of  his  permit. 

Section  4.     Section  one  hundred  and  forty-seven  B  of  g  l.  (Xer. 
said  chapter  one  hundred  and  forty-nine,  as  appearing  in  §  i47b,  etc. 
chapter  four  hundred  and  twenty-nine  of  the  acts  of  nine-  ^™®^ded. 
teen  hundred  and  thirty-seven,  is  hereby  amended  by  in- 
serting after  the  word  "manufactured",  in  the  second  and 
third  lines,  the  words :  —  or  worked  upon,  —  so  as  to  read 
as  follows:  —  Section  147B.     No  employer  shall  deliver  or  Materials, 
cause  to  be  delivered  to  any  person  any  materials  or  articles  faCeied.''^ 
to  be  manufactured  or  worked  upon  by  industrial  homework 
unless  there  has  been  conspicuously  affixed  to  each  article 
or,  if  impossible  so  to  affix,  then  to  the  package  or  other 
container  in  which  such  goods  are  delivered  or  are  to  be 
kept,  a  label  or  other  mark  of  identification  bearing  the 
employer's  name  and  address,  printed  or  written  legibly  in 
English. 

Section  5.     Section  one  hundred  and  forty-seven  C  of  ^.A^- ij^''- 
said  chapter  one  hundred  and  forty-nine,  as  so  appearing,  §'i47C,  etc., 
is  hereby  amended  by  inserting  after  the  word  "manufac-  ^^^'i'^^^- 


624 


Acts,  1945. —  Chap.  600. 


Action  by 
commissioner 
for  violations. 


G.  L.  (Ter. 
Ed.),  149, 
§  147D,  etc., 
amended. 


Records  to  be 
filed  with 
commissioner. 


G.  L.  (Ter. 
Ed.).  149, 
§  147G,  etc., 
amended. 


General 
penalties. 


tured",  in  the  first  line,  the  words:  —  or  worked  upon,  —  so 
as  to  read  as  follows :  —  Section  147C.  Any  article  which  is 
being  manufactured  or  worked  upon  in  a  home  in  violation 
of  any  provision  of  sections  one  hundred  and  forty-four  to 
one  himdred  and  forty-seven  H,  inclusive,  may  be  rejnoved 
by  the  commissioner  and  may  be  retained  by  him  until 
claimed  b}^  the  employer.  The  commissioner  shall  give  no- 
tice, by  registered  mail,  of  such  removal  to  the  person  whose 
name  and  address  are  affixed  to  the  article,  package  or  con- 
tainer as  provided  in  section  one  hundred  and  forty-seven  B. 
Unless  the  article  so  removed  is  claimed  within  thirty  days 
following  the  giving  of  such  notice,  it  may  be  destroyed  or 
otherwise  disposed  of. 

Section  6.  Section  one  hundred  and  forty-seven  D  of 
said  chapter  one  hundred  and  forty-nine,  as  so  appearing,  is 
hereby  amended  by  inserting  after  the  word  "manufac- 
tured", in  the  eleventh,  thirteenth  and  fifteenth  lines,  in 
each  instance,  the  words:  —  or  worked  upon,  —  so  as  to 
read  as  follows :  —  Section  lJf.7D.  No  person  in  possession 
of  an  employer's  permit  shall  deliver  or  receive,  or  cause  to 
be  delivered  or  received,  any  articles  for  or  as  a  result  of 
industrial  homework  unless  he  shall  keep  in  such  form,  and 
forward  to  the  commissioner  at  such  intervals  as  the  com- 
missioner may  by  rule  or  r-^gulation  prescribe  and  on  such 
blanks  as  he  may  provide,  a  record  of  all  persons  engaged 
in  industrial  homework  on  materials  furnished  or  distrib- 
uted, or  caused  to  be  furnished  or  distributed,  by  such  per- 
son, of  all  places  where  such  persons  work,  of  all  articles 
which  such  persons  have  manufactured  or  worked  upon,  of 
the  net  cash  wages  received  by  each  industrial  homeworker, 
of  all  agents  or  contractors  to  whom  such  permittee  has 
furnished  materials  to  be  manufactured  or  worked  upon 
by  industrial  homework,  and  of  all  persons  from  whom  he 
has  received  materials  to  be  so  manufactured  or  worked 
upon. 

Section  7.  Section  one  hundred  and  forty-seven  G  of 
said  chapter  one  hundred  and  forty-nine,  as  so  appearing, 
is  hereby  amended  by  inserting  after  the  word  "manufac- 
ture", in  the  sixth  line,  the  words:  —  or  to  be  worked  upon, 
—  so  as  to  read  as  follows:  —  Section  147G.  In  addition  to 
any  penalties  otherwise  prescribed  in  sections  one  hundred 
and  forty-four  to  one  hundred  and  forty-seven  H,  inclusive, 
any  employer  who,  without  having  in  his  possession  a  valid 
employer's  permit,  delivers  or  causes  to  be  delivered  to  an- 
other person  any  materials  for  manufacture  or  to  be  worked 
upon  by  industrial  homework,  or  who  refuses  to  allow  the 
commissioner  or  his  authorized  representative  to  enter  his 
place  of  business  for  the  purpose  of  making  any  investiga- 
tion authorized  by  any  provision  of  said  sections  one  hun- 
dred and  forty-four  to  one  hundred  and  forty-seven  H, 
inclusive,  or  necessary  to  carry  out  any  provision  thereof,  or 
who  refuses  to  permit  the  commissioner  or  his  authorized 
representative  to  inspect  or  copy  the  pay  roll  or  other  records 


Acts,  1945.  —  Chaps.  601,  602.  625 

or  documents  relating  to  the  enforcement  of  said  sections, 
or  who  falsifies  such  records  or  documents  or  any  statement 
which  he  is  required  by  the  commissioner  or  said  representa- 
tive, acting  under  authority  of  said  sections,  to  make,  or 
who  otherwise  violates  any  provision  of  said  sections  or  any 
provision  of  his  permit,  shall  be  punished  by  a  fine  of  fifty 
dollars,  or  by  imprisonment  for  not  more  than  two  months, 
or  both.  Approved  July  12,  194-5. 

An    Act   increasing    the    retirement   allowances    of  Chav.QOl 

QUINCY    firemen    IN   THE    CITY   OF   QUINCY. 

Be  it  enacted,  etc.,  as  follows. • 

Section  1.  Any  fireman  of  the  city  of  Quincy  retired 
under  section  eighty  of  chapter  thirty-two  of  the  General 
Laws  or  section  eight  of  chapter  one  hundred  and  fifty-two 
of  the  acts  of  nineteen  hundred  and  thirty-four  on  account 
of  injuries  sustained  or  sickness  incurred  through  no  fault 
of  his  own  in  the  actual  performance  of  duty  shall  receive  an 
annual  pension,  payable  monthly,  equal  to  two  thirds  of  the 
annual  salary  or  other  compensation  received  by  him  at  his 
retirement,  notwithstanding  any  provision  of  said  sections 
to  the  contrary. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  vote  of  the  city  council  of  the  city  of  Quincy, 
subject  to  the  provisions  of  its  charter,  but  not  otherwise. 

Approved  July  12,  1945. 

An  Act  prohibiting  the  distribution  of  certain  lists  Chap. 602 

OR  SLATES  OF  CANDIDATES  FOR  NOMINATION  OR  ELECTION 
TO  STATE  OFFICE  WITHOUT  THE  POLITICAL  PARTY  DESIG- 
NATION OF  EACH  PERSON  WHOSE  NAME  APPEARS  THEREON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  fifty-five  of  the  General   Laws  is  o.  l.  (Ter. 
hereby  amended  by  inserting  after  section  thirty-four  B,  ne''w'§^3^4c, 
inserted  by  section  one  of  chapter  four  hundred  and  eighty-  added, 
three  of  the  acts  of  nineteen  hundred  and  forty-three,  the 
following    section :  —  Section  34C.     No    individual,    except  Political 
as  otherwise  provided  by  law,  and  no  non-elected  political  nation*^^!-^ 
committee,  shall  distribute  by  mail  or  otherwise,  or  directly  ^^/(li^'j^ts 
or  indirectly  cause  to  be  distributed  by  mail  or  otherwise,  a  of  candidates, 
list  or  slate  containing  names  of  candidates  for  state  office 
of  more  than  one  political  party  to  be  nominated  at  state 
primaries  or  to  be  elected  at  a  biennial  state  election,  unless 
against  the  name  of  each  candidate  on  such  list  or  slate 
appears  his  political  party  designation. 

Section  2.     Section  sixty-five  A  of  chapter  fifty-six  of  Ed^'se^"^' 
the  General  Laws,  inserted  by  section  three  of  said  chapter  §  65a,  etc., 
four  hundred  and  eighty-three,  is  hereby  amended  by  in-  '^'"ended. 
serting  after  the  words  "thirty-four  B"  in  the  second  line 
the  words :  —  or  section  thirty-four  C,  —  so  as  to  read  as 


626  Acts,  1945.  —  Chaps.  603,  604. 

Penalty.  f ollows I  —  SecHon  65 A.     Violation  of  section  thirty-four  B 

or  section  thirty-four  C  of  chapter  fifty-five  shall  be  punished 
by  a  fine  of  not  more  than  one  hundred  dollars. 

Approved  July  12,  1945. 

Cliap.oOo  An  Act  providing  further  for  the  reimbursement  of 

THE  COUNTY  OF  HAMPDEN  FOR  THE  EXPENSE  TO  IT  OF 
CERTAIN  LITIGATION  ARISING  OUT  OF  THE  ESTABLISHMENT 
OF  THE  METROPOLITAN  WATER  SUPPLY  SYSTEM  WITHIN  ITS 
BOUNDARIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  metropohtan  district  water  supply  com- 
mission shall  reimburse  the  county  of  Hampden  for  any  and 
all  necessary  sums  of  money,  not  exceeding,  in  the  aggre- 
gate, two  thousand  one  hundred  and  ninety-four  dollars  and 
twenty-five  cents,  expended  by  said  county  resulting  from 
litigation  conducted  in  the-  courts  of  said  county,  either  at 
law  or  in  equity,  arising  out  of  the  establishment  of  the  met- 
ropolitan water  supply  system  authorized  by  chapter  three 
hundred  and  seventy-five  of  the  acts  of  nineteen  hundred 
and  twenty-six  or  by  chapter  three  hundred  and  twenty-one 
of  the  acts  of  nineteen  hundred  and  twenty-seven,  or  by  both 
such  chapters,  and  acts  in  amendment  thereof  and  in  addi- 
tion thereto,  whether  commenced  in  accordance  with  the 
provisions  of  said  chapters,  or  either  of  them,  or  under  other 
provisions  of  law. 

Section  2.  The  justice  or  justices  before  whom  any  such 
litigation  is  tried  or  heard  shall  certify  to  said  commission 
the  amount  or  amounts  of  the  cost  to  said  county  of  any 
such  litigation  tried  or  heard  before  him  or  them,  and  the 
same  shall  be  paid  by  said  commission  to  said  county,  within 
thirty  days  after  the  date  of  such  certification,  from  the  funds 
provided  for  metropolitan  water  supply  purposes  by  said 
chapter  three  hundred  and  seventy-five  and  by  chapters  one 
hundred  and  eleven  and  three  hundred  and  twenty-one,  both 
of  the  acts  of  nineteen  hundred  and  twenty-seven,  and  acts 
in  amendment  thereof  and  in  addition  thereto. 

Section  3.  Nothing  in  this  act  shall  be  construed  to  affect 
the  provisions  of  chapter  three  hundred  and  eighty-four  of 
the  acts  of  nineteen  hundred  and  forty-one. 

Section  4.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  13,  1945. 

Chap.Q04:  An  Act  relative  to  actions  for  deficiencies  on  mort- 
gage notes   following  foreclosures  of  mortgages 

BY  sale   under   power   CONTAINED  THEREIN. 

Be  it  enacted,  etc.,  as  follows: 

g.  l.  (Ter.  SECTION  1.     Chapter  two  hundred  and  forty-four  of  the 

new  §H7A,      General  Laws  is  hereby  amended  by  inserting  after  section 
added!"^  ^^*^'    seventeen     the    three    following    sections:  —  Section  17 A. 


Ad's,  1945. —Chap.  604.  627 

Actions  on  mortgage  notes,  whether  witnessed  or  not,  or  Period  of 
on  other  obhgations  to  pay  a  debt  secured  by  mortgage  of  o™o«-t^ 
real  estate,  to  recover  judgments  for  deficiencies  after  fore-  ^ortgL°° 
closure  by  sale  under  a  power  contained  in  the  mortgage,  notes,  etc. 
and  actions  on  such  notes  or  other  obligations  which  are 
subject  to  a  prior  mortgage,  to  recover  the  amount  due 
thereon  after  the  foreclosure  by  sale  of  such  prior  mortgage 
under  power  contained  therein,  shall,  except  as  hereinafter 
provided,  be  commenced  within  two  years  after  the  date  of 
the  foreclosure  sale  or,  if  the  principal  of  the  note  or  other 
obligation  does  not  become  payable  until  after  the  fore- 
closure sale,  then  within  two  years  after  the  time  when  the 
cause  of  action  for  the  principal  accrues. 

Such  actions  in  cases  where  the  foreclosure  sale  shall  have 
occurred  or  the  cause  of  action  shall  have  accnied  prior  to     . 
January  first,  nineteen  hundred  and  fortj'-six  shall  be  com- 
menced within  two  j'ears  after  said  date.     Nothing  in  this 
section  shall  extend  any  other  period  of  limitation. 

Section  17B.  No  action  for  a  deficiency  shall  be  brought  F^^^f^^^f 
after  June  thirtieth,  nineteen  hundred  and  forty-six  by  the  mortgage 
holder  of  a  mortgage  note  or  other  obligation  secured  by  °°*®'  ®**'" 
mortgage  of  real  estate  after  a  foreclosure  sale  by  him 
taking  place  after  January  first,  nineteen  hundred  and 
forty-six  unless  a  notice  in  writing  of  the  mortgagee's  in- 
tention to  foreclose  the  mortgage  has  been  mailed,  postage 
prepaid,  by  registered  mail  with  return  receipt  requested, 
to  the  defendant  sought  to  be  charged  with  the  deficiency 
at  his  last  address  then  known  to  the  mortgagee,  together 
with  a  warning  of  liability  for  the  deficiency,  in  substantially 
the  form  below,  not  less  than  twenty-one  days  before  the 
date  of  the  sale  under  the  power  in  the  mortgage,  and  an 
affidavit  has  been  signed  and  sworn  to,  within  thirty  days 
after  the  foreclosure  sale,  of  the  mailing  of  such  notice.  A 
notice  mailed  as  aforesaid  shall  be  a  sufficient  notice,  and 
such  an  affidavit  made  within  the  time  specified  shall  be 
prima  facie  evidence  in  such  action  of  the  mailing  of  such 
notice.  The  notice  and  affidavit,  respectively,  shall  be  in 
substantially  the  following  forms: 

Notice  of  Intention  to  Foreclose  and  of  Deficiency  After  Foreclosure  of 

Mortgage. 

To  A.  B.  Street 

You  are  hereby  notified,  in  accordance  with  the  statute,  of  my  in- 
tention, on  or  after  ,  to  foreclose  by  sale  under  power 
of  sale  for  breach  of  condition,  the  mortgage  held  l)y  me  on  property 
on  Street  in  in  the  County  of 
dated  and  recorded  with  deeds 
Book  page  to  secure  a  note  (or  other  obligation) 
signed  by  you,  for  the  whole,  or  part,  of  which  you  may  be  Uable  to 
me  in  case  of  a  deficiency  in  the  proceeds  of  the  foreclosure  sale. 

Yours  very  truly, 

C.  D.  Holder  of  said  mortgage. 

Affidavit. 
I  hereby  certify  on  oath  that  on  the  day  of  19 

I  mailed  by  registered  mail,  postage  prepaid  and  return  receipt  re- 


62S 


Acts,  1945.  -    Chap.  005. 


Agreement 
to  waive, 
etc.,  void. 


Effective  date. 


quested,  the  notice,  a  copy  of  which  appears  below,  directed  to  the 
persons  or  person  at  the  addresses  therein  named  which  were  the  last 
addresses  of  such  persons  known  to  me  at  the  time  of  maiHng. 


(Here  insert  copj') 


Signed  and  sworn  to  before  me  tliis 
19 


(lay  of 


Section  17C.  The  provisions  of  sections  seventeen  A  and 
seventeen  B  shall  not  be  waived,  and  any  agreement  to 
waive  them  or  covenant  not  to  rely  upon  them  made  before 
suit  is  commenced  shall  be  void. 

Section  2.  This  act  shall  take  effect  on  January  first, 
nineteen  hundred  and  forty-six.     Approved  July  IS,  1945. 


G.  L.  (Ter. 
Ed.),  170, 
§  66A,  etc.. 
amended. 


Life  com- 
panies may 
invest  in 
housing 
projects,  etc. 


Chap.Q05  An  Act  relative  to  the  authority  of  domestic  life 

INSURANCE  COMPANIES  TO  PURCHASE  AND  HOLD  AND  TO 
IMPROVE  REAL  ESTATE  FOR  HOUSING  PROJECTS  THEREON, 
AND  TO  OPERATE  AND  MAINTAIN  SUCH  PROJECTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  one  hundred  and  seventy-five  of 
the  General  Laws  is  hereby  amended  by  striking  out  section 
sixty-six  A,  inserted  by  section  one  of  chapter  two  hundred 
and  seven  of  the  acts  of  nineteen  hundred  and  forty-three, 
and  inserting  in  place  thereof  the  following  section :  — 
Section  66 A.  Any  domestic  life  company  may  purchase 
and  hold  without  any  limitation  of  time  land  in,  or  within 
fifteen  miles  of,  any  city,  town  or  other  municipality,  having 
a  population  according  to  the  last  preceding  federal  census 
of  not  less  than  one  hundred  thousand  persons,  in  any  state 
of  the  United  States  in  which  it  is  authorized  to  transact 
business,  and  may  use  such  land,  or  any  other  land  owned 
by  it  in,  or  within  fifteen  miles  of,  such  city,  town  or  mu- 
nicipality, for  a  housing  project,  and  may  erect  thereon  and 
thereafter  hold,  as  aforesaid,  and  maintain,  repair,  alter, 
demolish,  reconstruct,  manage  or  sell,  convey  or  mortgage, 
in  whole  or  in  part,  apartment  or  tenement  buildings  or  any 
other  dwelling  houses  or  buildings,  not  including  hotels, 
but  including  such  buildings  or  accommodations  for  retail 
stores,  shops,  ofiices  and  other  community  services  as  the 
company  may  deem  proper  and  suitable  for  the  convenience 
of  the  tenants  and  occupants  of  such  buildings  or  houses, 
and  may  collect  and  receive  rent  or  income  from  any  such 
buildings  or  houses.  No  land  shall  be  purchased  or  im- 
proved under  this  section  if  the  cost  of  such  land,  or  the  cost 
of  the  improvements  thereon,  or  both,  as  the  case  may  be, 
plus  the  total  amount  of  real  estate  then  held  by  the  com- 
pany, exceeds  twenty  per  centum  of  its  invested  assets 
including  cash  in  banks,  nor  unless  the  housing  project  is 
designed  to  provide  accommodations  for  fifty  or  more 
families. 


Acts,  1945.  —  Chap.  606.  629 

Section  2.  Section  eleven  of  said  chapter  one  hundred  ^;^\-[J^- 
and  seventy-five  is  hereby  amended  by  striking  out  the  first  §'ii.'etc.,' 
paragraph,  as  most  recently  amended  by  section  three  of  ^'"*'"^^- 
said  chapter  two  hundred  and  seven,  and  inserting  in  place 
thereof  the  follo^nng  paragraph :  —  Beside  the  reserve  pro-  Computation 
vided  for  in  sections  nine  and  ten  he  shall,  except  as  provided  uibmti^*"'^ 
in  section  twelve,  charge  to  each  company  as  a  liability  all 
unpaid  losses  and  claims  for  losses,  and  all  other  debts  and 
liabilities,  including  in  the  case  of  a  stock  company  its  capital 
stock  and  including,  in  the  case  of  a  nmtual  company  with  a 
guaranty  capital  or  guaranty  fund,  such  guaranty  capital  or 
guaranty  fund.  He  shall  allow  to  the  credit  of  a  company 
in  the  account  of  its  financial  condition  only  such  assets  as 
are  available  for  the  payment  of  losses  in  this  commonwealth, 
including  all  assets  deposited  with  officers  of  other  states  or 
countries  for  the  security  of  the  policyholders  of  such  com- 
pany; but  no  holding  or  parcel  of  real  estate  shall  be  given 
a  higher  value  than  would  be  adequate  to  yield  at  three  per 
cent  annual  interest  the  average  amount  of  its  net  rental 
for  three  years  next  preceding,  except  that  if  a  company 
shows  to  his  satisfaction  that  the  actual  value  of  any  of  its 
real  estate  is  greater  than  the  value  so  ascertained,  then 
the  actual  value  of  the  said  real  estate  as  determined  by  the 
commissioner  shall  be  allowed.  The  commissioner  may,  in 
his  discretion,  require  any  company  to  furnish  such  informa- 
tion as  may  be  needed  to  substantiate  the  values  above 
prescribed. 

Section  3.     Section  four  of  said  chapter  two  hundred  1943.207,  {4, 
and  seven  is  hereby  repealed.         Approved  July  IS,  1945.      ^^^^ 


An  Act  relative  to  the  taking  of  water  for  public  fiij„^  cnfi 

WATER    SUPPLY    PURPOSES    IN    CERTAIN    CASES    OF    EMER-  "" 

GENCY. 

Be  it  enacted,  etc.,  as  follow!^: 

Chapter  forty  of  the  General  Laws  is  hereby  amended  by  g.  l.  (Ter. 
striking  out  section  forty,   as  amended  by  chapter  three  §^40 'et^' 
hundred  and  fourteen  of  the  acts  of  nineteen  hundred  and  amended.' 
thirty-three,   and  inserting  in  place  thereof  the  following 
section :  —  Section  Jfi.     The  metropolitan  district  commis-  Emergency 
sion  in  cities  or  towns  using  the  metropolitan  water  supply,  ,^'^cft'iel"an!f 
the  city  council  in  other  cities,  the  selectmen  or  water  com-  towns, 
missioners  in  other  towns,  water  commissioners  of  water 
supply  and  fire  and  water  districts,  officers  having  control 
of  county  institutions  having  water  works,  heads  of  state 
departments   having   control   of   state   institutions   having 
water  works,  hereinafter  described  as  officers  having  control 
of  such  an  institution,  and  water  companies  supplying  any 
communities  in  the  commonwealth,  in  cases  of  emergency, 
may,  on  behalf  of  their  respective  bodies  pofitic  or  corporate, 
take  by  eminent  domain  under  chapter  seventy-nine  the 
right  to  draw  water  from  any  stream,  pond  or  reservoir  or 


630  Acts,  1945. —  Chap.  606. 

from  ground  sources  of  supply  by  means  of  driven,  artesian 
or  other  wells  not  already  appropriated  to  uses  of  a  municipal 
or  other  public  water  supply,  or  may  purchase  water  from 
the  metropolitan  district  commission,  subject  to  the  pro- 
visions of  chapter  ninety-two,  any  other  water  supply  dis- 
trict, fire  and  water  district  or  any  city,  town  or  water  com- 
pany, or  county  or  state  institution  having  water  works,  for 
a  period  of  not  more  than  six  months  in  any  year  in  quantities 
necessary  to  relieve  the  emergency;  but  no  such  taking  or 
purchase  shall  be  made  until  after  the  department  of  public 
health  has  approved  the  water  as  a  proper  source  of  water 
supply  and  unless  and  until,  in  the  case  of  towns  and  water 
supply  and  fire  and  water  districts,  the  selectmen  or  water 
commissioners  have  first  been  authorized  so  to  take  or  pur- 
chase by  a  vote  of  the  voters  at  a  town  meeting  or  a  district 
meeting,  as  the  case  may  be,  or,  in  the  case  of  water  com- 
panies, said  companies  have  first  been  so  authorized  in 
writing  by  said  department.  The  proper  authority  as  afore- 
said may  also  take  by  eminent  domain  under  said  chapter 
seventy-nine  the  right  to  use  any  land  for  the  time  necessary 
to  use  such  water;  provided,  that,  in  the  case  of  such  a 
taking  by  a  water  company,  said  department  shall  first 
prescribe  the  limits  within  which  such  rights  shall  be  taken. 
The  vote  of  a  city  council  or  of  the  voters  of  a  town  or  of  a 
water  supply  or  fire  and  water  district  or  the  action  of  coimty 
or  state  officers  as  aforesaid  or  of  the  metropolitan  district 
commission  or  the  written  authorization  of  said  department 
of  public  health  to  a  water  company  to  make  or  authorize 
such  taking  or  purchase  as  aforesaid  shall  be  conclusive  evi- 
dence of  the  existence  of  the  emergency.  The  metropolitan 
district  commission,  subject  to  the  provisions  of  chapter 
ninety-two,  any  other  water  supply  district  or  fire  and  water 
district  and  any  city,  town  or  water  company  or  the  aforesaid 
officers  having  control  of  any  county  or  state  institution 
having  water  works  may,  for  a  period  of  not  more  than  six 
months  in  any  year,  sell  to  the  metropolitan  district  com- 
mission, to  a,ny  city,  town,  water  supply  or  fire  and  water 
district,  or  water  company,  or  to  any  county  or  state  institu- 
tion having  water  works,  such  quantities  of  water  as  may  be 
available  at  the  time,  and  the  approval  of  said  department  of 
public  health  shall  be  conclusive  evidence  that  such  quantities 
are  safely  available  for  sale.  In  such  emergencies  the  said 
parties  interested  may  agree  to  install  for  the  purpose  tempo- 
rary pipes  and  other  works  in  any  city  or  town;  provided, 
that  the  installation  or  repair  of  such  pipes  or  other  works 
in  or  along  any  highway  shall  be  done  with  the  least  possible 
hindrance  to  public  travel,  and  shall  be  subject  to  the  di- 
rection and  approval  of  the  officers  or  departments  having 
charge  of  the  maintenance  of  said  highways. 

Approved  July  IS,  1945. 


Acts,  1945.  —  Chaps.  607,  608.  631 


An  Act  creating  a  lien  in  favor  of  certain  persons  (Jhav  607 

PERFORMING      WORK     UPON,      OR      STORING,      ARTICLES     OF 
CLOTHING    OR    HOUSEHOLD    GOODS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  two  hundred  and  fifty-five  of  the  General  Laws  g.  l.  (Tw. 
is  herebj^  amended  by  inserting  after  section  thirty-one  C,  new'^iib, 
as   appearing  in   the  Tercentenary  Edition,   the  following  added, 
section:  —  Section  31 D.     Any  person  engaged  in  cleaning,  Lien  of  cer- 
pressing,    glazing,    washing,    dyeing   or   performing   similar  per'fo^ming' 
work  on  articles  of  clothing  or  household  goods,  or,  with  or  ^^"storin"" 
without  furnishing  materials  or  supplies,  in  making  altera-  articles  of 
tions  or  repairs  thereon,  or  in  placing  any  of  such  articles  househoid'^ 
in  storage  at  the  request  of  the  owners  thereof,  for  a  price,  ^°°^^- 
shall  have  a  lien  upon  aii}^  such  articles  coming  into  his 
possession  for  such  purposes  for  the  amount  of  any  account 
that  may  be  due  for  such  work  or  storage.    Such  lien  shall 
also  include  the  value  or  agreed  price,  if  any,  of  all  materials 
furnished  by  the  lienor  in  connection  with  such  work,  or 
storage,  whether  added  to  such  article  or  articles  or  other- 
wise.    If  any  such  account  remains  unpaid  for  ninety  days 
after  the  completion  of  the  work,  or  after  the  expiration  of 
the  agreed  term  of  storage,  if  any,  or  in  the  absence  of  such 
agreement,  after  the  expiration  of  one  year  from  the  date  of 
storage,  the  lienor  may,  upon  notice  in  writing  to  the  owner 
specifying  the  amount  due  and  informing  him  that  pa>nnent 
of  such  amount  within  thirty  days  will  entitle  him  to  redeem 
the  article  or  articles  covered  by  such  lien,  sell  the  same  or 
any  part  thereof,  at  the  expiration  of  thirty  days  from  the 
date  of  the  notice,  at  public  or  bona  fide  private  sale  to 
satisfy  the  account.    The  proceeds  of  the  sale,  after  paying 
the  expenses  thereof,  shall  be  applied  in  satisfaction  of  the 
indebtedness  secured  by  such  lien,  and  the  balance,  if  any, 
shall  be  paid  over  to  the  owner  on  demand.     Such  notice 
may  be  served  by  mail,  directed  to  the  owner's  last  known 
address,  or,  if  the  owner's  address  be  imknown,  it  may  be 
posted  in  two  public  places  in  the  town  where  he  resided  at 
the  time  such  articles  were  delivered  to  the  lienor.    The  word 
"owner"  as  used  herein  shall  mean  the  person  causing  such 
articles  to  come  into  the  possession  of  the  lienor.    The  remedy 
herein  provided  to  enforce  such  lien  shall  be  in  addition  to 
any  other  provided  by  law.  Approved  July  IS,  194-5. 

An  Act  providing  for  exemption  from  local  taxation  C hap. Q08 
OF  certain  property  of  harvard  university  occupied 

BY  THE  commonwealth  OF  MASSACHUSETTS. 

Be  it  enacted,  etc.,  as  follows: 

The  property  of  Harvard  University,  located  on  the  so- 
called  Bussey  estate  on  South  street  in  that  part  of  Boston 
known  as  Forest  Hills  and  at  the  Harvard  Medical  School 
in  that  part  of  Boston  known  as  Roxbury,  to  the  extent  now 


632 


Acts,  1946. —  Chap.  609. 


or  hereafter  occupied  by  the  commonwealth  under  the  direc- 
tion or  control  of  the  department  of  public  health,  shall  be 
exempt  from  local  taxation;  provided,  that  such  exemption 
shall  not  apply  in  any  year  in  which  the  attorney  general  or 
the  commissioner  of  corporations  and  taxation  shall  certify 
to  the  assessors  of  the  city  of  Boston  that  in  his  opinion  there 
has  not  been  compliance  with  the  following  condition  in  the 
year  next  preceding :  —  The  compensation  paid  or  to  be 
paid  by  the  commonwealth  to  Harvard  University  for  the 
use  of  such  property  shall  not  exceed  reimbursement  for 
expenses  incurred  in  properly  maintaining  and  protecting 
the  property  and  a  fair  return  upon  the  capital  investment 
of  said  university.  Approved  July  IS,  1945. 


G.  L.  (Ter. 
Ed.).  175.  §  50, 
amended. 


Change  of 
place  of 
business,  etc. 
Procedure. 


Chap.Q09  An   Act   defining   more   specifically   the   powers   of 

CERTAIN    INSURANCE   COMPANIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  one  hundred  and  seventy-five  of 
the  General  Laws  is  hereby  amended  by  striking  out  the  first 
sentence  of  section  fifty,  as  appearing  in  the  Tercentenary 
Edition,  and  inserting  in  place  thereof  the  following  sentence: 
—  A  stock  company,  by  a  two  thirds  vote  of  all  its  stock 
entitled  to  vote,  or  a  mutual  company,  by  a  two  thirds  vote 
of  those  members  present  and  voting,  at  a  meeting  duly 
called  therefor,  may  alter,  add  to  or  change,  to  the  extent 
authorized  by  this  chapter,  the  classes  of  insurance  for  the 
transaction  of  which  it  was  incorporated,  may  change  the 
location  of  its  principal  office  or  place  of  business  in  the  com- 
monwealth, or,  in  the  case  of  a  stock  company,  may  provide 
for  the  transaction  of  insurance  on  a  participating  plan,  or 
may  increase  or  reduce  the  par  value  of  the  shares  of  its 
capital  stock,  which  value  shall  be  not  less  than  five  nor  more 
than  one  hundred  dollars,  or,  in  the  case  of  either  a  stock 
company  or  a  mutual  company,  may  make  any  other  lawful 
amendment  or  alteration  in  its  agreement  of  association  or 
articles  of  organization,  or  in  the  corresponding  provisions 
of  its  act  of  incorporation. 

Section  2.  Said  chapter  one  hundred  and  seventy-five 
is  hereby  further  amended  by  striking  out  section  one  hun- 
dred and  fifty,  as  so  appearing,  and  inserting  in  place  thereof 
the  following  section:  —  Section  160.  Foreign  companies, 
upon  complying  with  the  conditions  herein  set  forth  appli- 
cable to  such  companies,  may  be  admitted  to  transact  in  the 
commonwealth,  as  provided  in  section  one  hundred  and  fifty- 
seven,  any  kinds  of  business  authorized  by  this  chapter, 
subject  to  all  general  laws  now  or  hereafter  in  force  relative 
to  insurance  companies,  and  subject  to  all  laws  applicable  to 
the  transaction  of  such  business  by  foreign  companies  and 
their  agents ;  except  that  no  foreign  stock  company  may  issue 
participating  poficies  unless  specifically  authorized  to  do  so 
by  its  charter;    provided,  that  no  provision  of  law  which 


(i.  L.  (Ter. 
Ed.).  175. 

ir^ed. 

Foreign 
companies. 
AdmiBsion  to 
transact 
business. 


Acts,  1945. -Chap.  6  JO.  633 

by  its  terms  applies  specificall.y  to  domestic  life  companies 
shall  thereby  become  applicable  to  foreign  life  companies; 
and  provided,  further,  tliat  the  provisions  of  section  eighty- 
one  relative  to  the  contingent  mutual  liability  of  members 
shall  not  apply  to  any  foreign  mutual  fire  company  which 
had  been  admitted  to  transact  business  in  the  commonwealth 
prior  to  January  first,  nhieteen  hundred  and  twenty-one 
and  was  then  actually  transacting  business  therein  without 
complying  with  said  provisions. 

Approved  July  13,  1945. 


An  Act  providing  further  for  meeting  certain  con-  (^jidrt  610 

TINGENCIES    ARISING    IN    CONNECTION    WITH    THE    SERVICE     '        ^' 
OF    PUBLIC    OFFICERS    AND    EMPLOYEES    IN    THE    MILITARY 
OR    NAVAL    FORCES    OF    THE    UNITED    STATES    DURING    THE 
PRESENT   NATIONAL   EMERGENCY. 

Whereas,    The  deferred  operation  of  this  act  would  tend  Emergency 
to  defeat  its  purpose,  which  in  part  is  to  protect  the  rights  p''^*'"'''^- 
of  certain  persons  in  the  military  or  naval  service  of  the 
United  States,   therefore  it  is  hereby  declared   to   be   an 
emergency  law,  necessary  for  the  preservation  of  the  public 
convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  seven  hundred  and  eight  of  the  acts 
of  nineteen  hundred  and  forty-one  is  hereby  amended  by 
striking  out  section  two  and  inserting  in  place  thereof  the 
following  section :  —  Section  2.  Any  person  referred  to  in 
section  one  who  was  or  shall  be  separated  from  the  service 
of  the  commonwealth,  or  any  political  subdivision  thereof, 
while  holding  an  office  or  position  classified  under  chapter 
thirty-one  of  the  General  Laws  shall,  if  he  so  requests  in 
writing  to  the  appointing  authority  within  two  years  after 
the  termination  of  his  said  military  or  naval  service,  and 
if,  within  said  time,  he  also  files  with  the  division  of  civil 
service  the  certificate  of  a  registered  physician  that  he  is  not 
physically  disabled  or  incapacitated  for  performing  the  duties 
of  the  office  or  position,  be  reinstated  in  the  office  or  position 
previously  held  by  him  without  civil  service  examination  and 
without  loss  of  seniority  or  other  rights,  or  in  case  that 
physical  or  other  disability  prevents  his  reinstatement  in 
the  same  position  and  his  request  for  reinstatement  states 
that  he  is  willing  to  accept  reinstatement  in  another  posi- 
tion, he  shall  be  reinstated  in  a  similar  class  or  grade  or  in 
a  lower  class  or  grade  and  shall  be  so  employed  without  civil 
service  examination  and  without  loss  of  seniority  or  other 
rights  if  his  physical  condition,  as  certified  by  a  registered 
physician,  permits  such  employment;  provided,  that  if  he 
so  requests  reinstatement  in  the  office  or  position  formerly 
held  by  him  and  it  has  been  filled  prior  to  the  effective  date 
of  this  act  by  a  permanent  appointment,  he  shall  be  em- 
ployed in  a  similar  position  in  the  same  or  in  some  other 


f>34  Acts,  1945. —  Chap.  GIG. 

department.  All  appointments,  transfers  and  promotions 
made  on  account  of  such  leaves  of  absence  shall  be  tempo- 
rary only  and  the  person  so  appointed,  transferred  or  pro- 
moted shall  be  known  as  a  military  substitute;  provided, 
that,  notwithstanding  anj^  provision  of  said  chapter  thirty- 
one  to  the  contrary,  he  may  continue  to  serve  in  such  office 
or  position  until  the  incumbent  is  reinstated  therein  or  until 
the  time  within  which  he  has  a  right  to  be  reinstated  has 
expired,  and  if  the  incumbent  has  not  been  reinstated  as 
provided  herein  said  military  substitute  shall,  if  his  appoint- 
ment as  such  military  substitute  was  made  in  accordance 
with  the  civil  service  law  and  rules  governing  examination, 
certification  and  appointment,  continue  in  the  position  and 
his  seniority  rights  shall  date  from  his  appointment  as  such 
military  substitute.  In  the  event  that  a  permanent  vacancj' 
not  caused  by  or  related  to  the  absence  of  the  incumbent  in 
said  military  or  naval  service  occurs  in  a  position  of  the  same 
or  similar  rank  or  grade  as  that  then  occupied  by  a  military 
substitute,  said  military  substitute  may  be  appointed  to 
such  permanent  vacancy  and  his  seniority  rights  shall  date 
from  his  appointment  as  such  military  substitute;  provided, 
that  the  appointment  of  such  military  substitute  was  made 
in  accordance  with  the  civil  service  law  and  rules  governing 
examination,  certification  and  appointment;  and  provided, 
further,  that  such  appointment  does  not  prejudice  the  rights 
of  any  person  who  has  notified  the  division  of  civil  service 
that  he  is  serving  or  has  served  in  said  military  or  naval 
service  and  whose  name  is  or  was  on  an  eligible  list  at  the 
time  of  commencing  said  military  or  naval  service;  and 
provided,  further,  that  such  permanent  appointment  of  the 
military  substitute  shall  be  made  in  accordance  with  the 
civil  service  law  and  rules  governing  certification  to  an  orig- 
inal position,  except  that  the  basis  of  certification  shall  be 
the  order  of  appointment  as  military  substitute  or,  in  the 
case  of  appointments  on  the  same  date,  the  order  in  which 
names  were  certified  for  appointment. 

Section  2.  Said  chapter  seven  hundred  and  eight  is 
hereby  further  amended  by  inserting  after  section  three  the 
four  following  sections :  —  Section  3 A .  Whenever  a  person 
eligible  to  compete  in  a  promotional  examination  is  in  said 
military  or  naval  service  and  is  unable  to  appear  therefor, 
unless  said  person  notifies  the  director  of  civil  service  that 
he  does  not  desire  to  take  the  examination  the  director  of 
civil  service  shall  limit  appointments  made  as  a  result  thereof 
to  a  period  not  exceeding  the  continuance  of  the  states  of 
war  between  the  United  States  and  any  foreign  country  and 
one  year  after  the  termination  thereof,  unless  the  appoint- 
ing officer  certifies  that  the  public  welfare  or  public  safety 
requires  the  immediate  filling  of  the  position  on  a  permanent 
basis,  in  which  case  the  director  shall  not  limit  such  appoint- 
ments. 

Section  SB.  The  director  of  civil  service  shall  limit  origi- 
nal appointments  to  positions  made  during  the  continuance 


Acts,  1945.  —  Chap.  610.  635 

of  the  existing  states  of  war  between  the  United  States  and 
any  foreign  country  to  a  period  not  exceeding  the  duration 
of  such  existing  states  of  war  and  one  year  after  the  termina- 
tion thereof,  unless  the  appointing  officer  certifies  that  the 
pubHc  welfare  or  public  safety  requires  the  immediate  filling 
of  the  position  on  a  permanent  basis,  in  which  case  the  di- 
rector shall  not  limit  such  appointments. 

Section  SC.  The  director  of  civil  service  is  hereby  author- 
ized to  conduct,  whenever  necessary,  examinations  for  the 
purpose  of  establishing  eligible  lists  for  appointments  and 
promotions  to  be  made  under  the  provisions  of  sections 
three  A  and  three  B. 

Section  3D.  Whenever  any  civil  service  employee  is  or 
was  unable  to  compete  in  a  competitive  promotional  exam- 
ination because  of  his  absence  in  said  mihtary  or  naval  serv- 
ice, except  where  appointments  made  as  the  result  thereof 
were  limited  to  a  period  not  exceeding  the  continuance  of 
the  states  of  war  between  the  United  States  and  any  foreign 
country  and  one  year  after  the  termination  thereof,  as  set 
forth  in  section  three  A,  he  shall,  upon  his  request  in  writing 
made  within  one  year  after  the  termination  of  his  said  mili- 
tary or  naval  service,  be  given  a  qualifying  promotional  ex- 
amination and  his  name  shall  be  placed  on  an  eligible  list. 
The  eligibility  of  such  person  on  said  list  shall  continue  for 
the  full  regular  period  of  eligibility  provided  for  by  the  civil 
service  law  and  ndes.  If  there  is  an  eligible  list  in  existence, 
the  name  of  such  person  shall  be  placed  thereon  in  the  order 
of  percentage,  and  his  eligibility  shall  continue  for  said  full 
period  of  eligibility.  If  there  is  more  than  one  eligible  list 
in  existence,  such  person  shall  be  placed  on  the  first  list 
established  unless  prior  to  placement  thereon  he  notifies  the 
director  otherwise. 

Section  3.  Said  chapter  seven  hundred  and  eight  is 
hereb^y  further  amended  by  striking  out  section  four  and  in- 
serting in  place  thereof  the  following  section:  —  Section  4- 
Any  person  whose  name  is  on  an}-  eligible  list  or  register  of 
the  division  of  civil  service  at  the  time  of  his  commencing 
said  military  or  naval  service  and  any  person  who  otherwise 
becomes  entitled  to  have  his  name  placed  on  an  eligible  list 
or  register  on  account  of  an  examination  or  registration  and 
who  notifies  the  division  of  civil  service  that  he  is  in  said 
military  or  naval  service  shall  be  continued  on  such  list  or 
register  for  the  period  of  said  service,  or  for  the  full  regidar 
period  of  eligibility  provided  for  by  the  civil  service  law  and 
rules,  whichever  is  the  longer,  and  shall,  upon  his  request  in 
writing  filed  with  the  director  of  civil  service  within  two 
years  after  the  tennination  of  said  service,  be  continued  on 
or  restored  to  such  list  or  register  for  a  further  period  follow- 
ing such  request  equal  to  the  remainder  of  the  term  of  his 
regular  period  of  eligibility  thereon  at  the  time  he  com- 
menced said  military  or  naval  service,  provided,  that  at  the 
time  of  such  request  he  files  with  the  director  of  civil  service 
the  certificate  of  a  registered  physician  that  he  is  not  physi- 


636  Acts,  1945.  —  Chap.  611. 

cally  disabled  or  incapacitated  for  perfonning  the  duties  of 
the  oflBce  or  position.  If  more  than  one  Ust  exists  or  will 
exist  as  the  result  of  this  section,  certification  shall  be  made 
from  such  list  in  order  of  date  of  establishment  of  such  lists 
and  in  accordance  with  the  civil  service  law  and  rules  gov- 
erning certification  and  preference  to  veterans  and  disabled 
veterans. 

Section  4.  Said  chapter  seven  hundred  and  eight  is 
hereby  further  amended  by  inserting  after  section  nine  A, 
inserted  by  chapter  four  hundred  and  nineteen  of  the  acts 
of  nineteen  hundred  and  forty-three,  the  following  section :  — 
Section  9B.  Any  person  referred  to  in  section  one  who 
was  or  shall  be  separated  from  the  service  of  the  common- 
wealth, or  any  political  subdivision  thereof,  while  holding 
an  office  or  position  in  such  service  under  chapter  thirty-one 
of  the  General  Laws,  and  receives  a  discharge,  other  than  a 
dishonorable  one,  from  said  military  or  naval  service,  in 
case  he  is  physically  or  mentally  incapable  of  being  reinstated 
in  and  performing  the  duties  of  the  office  or  position  previ- 
ously held  by  him,  may,  if  he  is  otherwise  eligible  to  retire- 
ment, be  retired  under  the  retirement  law  applicable  to  him 
without  such  reinstatement. 

Section  5.  Section  twenty-five  of  said  chapter  seven 
hundred  and  eight,  as  amended  by  section  ten  of  chapter 
five  hundred  and  forty-eight  of  the  acts  of  nineteen  hundred 
and  forty-three,  is  herebj^  further  amended  by  striking  out, 
in  the  fifth  line,  the  word  "January"  and  inserting  in  place 
thereof  the  word:  —  July,  —  so  as  to  read  as  follows:  — 
Section  25.  Service  in  the  military'  or  naval  forces  of  the 
United  States  referred  to  in  this  act  shall,  except  as  other- 
wise provided  thereby,  mean  such  service  occurring  on  or 
after  July  first,  nineteen  hundred  and  forty  and  prior  to 
July  first,  nineteen  hundred  and  forty-six. 

Approved  July  16,  19^5. 

Chap.611  An    Act    establishtnc;    the    compensation    of    special 

.JUSTICES    OF   district   COURTS,    OTHER   THAN    THE    MUNICI- 
PAL   court    of    the    CITV    of    boston    and    the    BOSTON 

.ittvenile  court. 

Be  it  enacted,  etc.,  as  follows: 

Ed)" 2^8*^'  Section  six  of  chapter  two  hundred  and  eighteen  of  the 

§"6.  etc.,  *  General  I^aws,  as  amended  by  section  one  of  chapter  six 

amend    .  hundred  and  sixty-four  of  the  acts  of  nineteen  hundred 

and  forty-one,  is  hereby  further  amended  by  striking  out 
the  second  paragraph,   as  appearing  in  the  Tercentenary 
Edition,  and  inserting  in  place  thereof  the  following  para- 
graph :  — 
Compensation        Special  justices  of  district  courts,  other  than  the  municipal 
rust?^Tof         court  of  the  city  of  Boston,  and  the  Boston  juvenile  court, 
district  courtB.   ghall  be  paid  by  the  county  for  each  day's  services  fifteen 
dollars,  or  at  the  rate  by  the  day  of  the  salary  of  the  justice 
of  the  same  court,  whichever  is  the  greater  amount.     For 


Acrrs,  1945.  —  Chaps.  612,  613,  614.  m: 

each  day's  services  so  paid  for  in  excess  of  thirty  days  in  any 
court  in  any  one  year,  except  for  services  in  holding  a  simul- 
taneous session,  there  shall  be  deducted  by  the  county 
treasurer  from  the  salary  of  the  justice  of  that  court  one 
day's  compensation  at  the  rate  by  the  day  of  the  salary  of 
said  justice.  Approved  July  16,  1945. 


An  Act  reviving  north  linden  realty  company.  Chan  612 

Whereas,  The  deferred  operation  of  this  act  would  delay 
tlie  corporation  revived  thereby  in  resuming  the  exercise  of 
its  former  corporate  powers,  therefore  it  is  hereby  declared 
to  be  an  emergency  law,  necessar}'  for  tiie  immediate  preser- 
vation of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows:  • 

North  Linden  Realty  Company,  a  corporation  dissolved 
by  section  one  of  chapter  one  hundred  and  seventy-nine  of 
the  acts  of  nineteen  hundred  and  thirty-nine,  is  hereby 
revived,  with  the  same  powers,  duties  and  obligations  as  if 
said  chapter  had  not  been  passed. 

Approved  July  17,  19^5. 


An  Act  authorizing  certain  banks  to  contribute  to  Qfidj)  qiq 

THE    BUILDING    FUND    BEING    RAISED    FOR    THE    BENEFIT   OF 
THE    FRAMINGHAM    UNION    HOSPITAL. 

Be  enacted,  etc.,  as  follows: 

Section  1.  Subject  to  the  limitations  upon  amounts 
tliat  may  be  expended  in  any  one  fiscal  year  contained  in 
section  fifty-seven  of  chapter  one  hundred  and  sixty-eight, 
and  section  fifty-five  of  chapter  one  hundred  and  seventy, 
both  of  the  General  Laws,  so  far  as  applicable,  any  bank 
established  in  the  town  of  Framingham,  Hopkinton  or 
Holliston  may,  by  vote  of  its  directors,  or  of  its  officers 
having  the  powers  of  directors,  contribute  such  sum  or  sums 
of  money  as  said  directors  or  officers  may  detennine  to  be 
reasonable  to  the  building  fund  being  raised  for  the  benefit 
of  the  Framingham  Union  Hospital  in  said  town  of  Fram- 
ingham. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  July  17,  1945. 


An  Act  relative  to  certain  temporary  extensions  of  (Jhav  614 

three    piers    EXTENDING    FROM    THE    BOSTON    NAVY    YARD 

into  boston  harbor  beyond  the  established  line  of 
jurisdiction. 

Whereas,  The  deferred  operation  of  this  act  would  tend  Emergency 
to  defeat  one  of  its  principal  purposes,  which  is  to  continue  p'"®'^'"'^^- 
to  prosecute  the  present  war  with  the  utmost  expedition, 
therefore  this  act  is  hereby  declared  to  be  an  emergency 


638  Acts,  1945. —  Chap.  615. 

law,  necessary  for  the  immediate  preservation  of  the  public 
convenience. 

Be  it  enacted,  etc.,  as  follojos: 

Section  1.  Section  one  of  chapter  twelve  of  the  acts  of 
nineteen  hundred  and  forty-one  is  hereby  amended  by 
striking  out,  in  the  ninth  and  tenth  lines,  the  words  "after 
April  fifteenth,  nineteen  hundred  and  forty-five"  and  in- 
serting in  place  thereof  the  words:  —  more  than  six  months 
after  the  termination  of  the  present  states  of  war  between 
the  United  States  and  certain  foreign  countries  as  declared 
by  presidential  proclamation  or  concurrent  resolution  of 
the  congress,  — ■  so  as  to  read  as  follows:  —  Section  1.  The 
United  States  of  America  is  hereby  authorized  to  extend 
three  piers  from  the  Boston  Navy  Yard  into  Boston  harbor 
tbeyond  the  line  of  jurisdiction  established  by  chapter  four 
hundred  and  ninety  of  the  acts  of  nineteen  hundred  and 
thirty-eight;  provided,  that  each  such  extension  shall  be 
built  of  piling  and  shall  not  extend  more  than  two  hundred 
and  fifty  feet  beyond  said  line  of  jurisdiction,  and  shall  not 
be  more  than  one  hundred  feet  wide,  and  that  said  exten- 
sions shall  not  be  maintained  more  than  six  months  after 
the  termination  of  the  present  states  of  war  between  the 
United  States  and  certain  foreign  countries  as  declared  by 
presidential  proclamation  or  concurrent  resolution  of  the 
congress. 

Section  2.     This  act  shall  take  effect  as  of  April  fifteenth, 
nineteen  hundred  and  forty-five. 

Approved  July  17,  1945. 


Chap.615  A-N  Act  extending  the  authority  of  the  department 

OF    PUBLIC    health    TO    REGULATE    POLLUTION    OF    INLAND 
AND   TIDAL   WATERS. 

Emergency  Whevcas,    The  deferred  operation  of  this  act  would  tend 

preamble.  ^^  defeat  its  purposc  to  alleviate  promptly  existing  condi- 
tions of  pollution,  therefore  this  act  is  hereby  declared  to 
be  an  emergency  law,  necessary  for  the  immediate  preserva- 
tion of  the  public  health  and  convenience. 

Be  it  enacted,  etc.,  as  folloios: 

EdV  n\  Section  five  of  chapter  one  hundred  and  eleven  of  the 

§  5',  etc., '         General  Laws  is  hereby  amended  by  striking  out  the  para- 
amende<i.  graph  inserted  by  chapter  three  hundred  and  eighty-eight 

of  the  acts  of  nineteen  hundred  and  forty-one  and  inserting 
in  place  thereof  the  following  paragraph :  — 
S^^ifutiwi  ^^  ^hail  from  time  to  time,  after  notice  to  all  persons  in- 

eto^,  ofcer-'  tcrestcd  and  a  public  hearing,  and  subject  to  the  approval 
of  the  governor  and  council,  prescribe  and  establish  rules 
and  regulations  to  prevent  pollution  or  contamination  of  any 
or  all  of  the  lakes,  ponds,  streams,  tidal  waters  and  flats 
within  the  commonwealth  or  of  the  tributaries  of  such  tidal 
waters  and  flats;    provided,  that  nothing  contained  herein 


tain  waters. 


Acts,  1945.  —  Chap.  616.  639 

shall  affect  other  powers  and  duties  of  the  department  as  de- 
fined by  any  general  or  special  law.  Said  rules  and  regula- 
tions, after  being  so  prescribed  and  established,  shall  have 
the  force  of  law.  Whoever  after  due  notice  continues  to  vio-  Penalty, 
late  any  such  rule  or  regulation  shall  be  punished  by  a  fine 
of  not  less  than  one  hundred  nor  more  than  five  hundred 
dollars  to  the  use  of  the  commonwealth.  The  publication  of 
any  such  rule  or  regulation  made  by  the  department  under 
this  section  in  a  newspaper  of  the  town  where  such  rule  or 
regulation  is  to  take  effect  or,  if  no  newspaper  is  published 
in  such  town,  the  posting  of  a  copy  of  such  rule  or  regulation 
in  a  public  place  therein,  shall  be  legal  notice  to  all  persons; 
and  an  affidavit  of  such  publication  or  posting  by  the  person 
causing  such  notice  to  be  published  or  posted,  filed  and  re- 
corded, with  a  copy  of  the  notice,  in  the  office  of  the  town 
clerk  of  such  town,  shall  be  admitted  as  evidence  of  the  time 
when,  the  place  where  and  the  manner  in  which  the  notice 
was  given.  The  supreme  judicial  or  superior  court,  upon  the  Court  jurifl- 
application  of  the  department,  or  upon  the  application  of  any  *^°*^'°'^- 
party  interested,  with  the  approval  of  the  department,  may 
enforce  such  rules  and  regulations,  and  restrain  the  use  or 
occupation  of  the  premises  or  such  portion  thereof  as  the 
department  may  specify  until  such  rules  and  regulations  have 
been  complied  with.  Approved  July  17,  1945. 


An  Act  authorizing  the  town  of  marshfield  to  fur-  ChavSlQ 

NISH  AND  SELL  WATER  TO  THE  TQWN  OF  PEMBROKE,  AND 
authorizing  the  TOWN  OF  PEMBROKE  TO  BUY  WATER 
OF   THE   TOWN   OF   MARSHFIELD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Marshfield  may  furnish  and  sell 
water  to  the  town  of  Pembroke,  which  is  hereby  authorized 
to  purchase  water  so  sold.  Water  so  furnished  and  sold  shall 
be  at  a  rate  or  rates  to  be  mutually  agreed  upon  between 
said  towns  acting  by  their  respective  boards  of  water  com- 
missioners. In  case  of  such  sale,  the  town  of  Marshfield  may, 
at  its  own  expense,  make  such  extension  of  its  water  mains 
and  such  installation  of  other  facilities  and  equipment  within 
the  limits  of  the  town  of  Pembroke  as  may  be  necessary  for 
the  purposes  of  this  act;  provided,  that  such  extension  and 
installation  as  may  be  made  by  the  town  of  Marshfield  within 
the  limits  of  the  town  of  Pembroke  shall  be  subject  in  all 
respects  to  the  approval  of  the  selectmen  of  the  town  of 
Pembroke. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  17,  1945. 


640  Acts,  1945. -- Chaps.  617,  618,  619. 


Chap.Qll  An  Act  authorizing  the  town  of  Pembroke  to  fur- 
nish AND  SELL  WATER  TO  CERTAIN  INHABITANTS  OF  THE 
TOWN    OF    DUXBURV. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Pembroke  may  furnish  and  sell 
water  to  the  inhabitants  of  the  town  of  Duxbury  residing 
within  one  thousand  feet  of  the  Pembroke  town  line  and 
not  served  by  the  Duxbury  Fire  and  Water  District,  at  a 
rate  or  rates  as  may  be  mutually  agreed  upon  by  the  select- 
men of  Duxbury  and  the  board  of  water  commissioners  of 
Pembroke,  or,  in  case  of  failure  to  agree,  as  may  be  fixed  by 
the  state  department  of  public  utilities.  The  town  of  Pem- 
broke may,  at  its  own  expense,  make  such  extensions  of  its 
water  mains  and  such  installations  of  other  facilities  and 
equipment  within  the  limits  of  the  t®wn  of  Duxbury  as  may 
be  necessary  for  the  purposes  of  this  act;  provided,  that  such 
extensions  and  installations  as  are  made  by  the  town  of 
Pembroke  within  the  limits  of  the  town  of  Duxbury  shall  be 
subject  in  all  respects  to  the  approval  of  the  selectmen  of 
the  town  of  Duxbury. 

Section  2.    This  act  shall  take  effect  upon  its  passage 

Approved  July  17,  1945. 

Chap.QlS  An  Act  relative  to  the  source  of  water  supply  of 

the   towns   of   ROCKLAND,   ABINGTON    AND    WHITMAN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  two  of  chapter  two  hundred  and  six 
of  the  acts  of  eighteen  hundred  and  eighty-five  is  hereby 
amended  by  adding  at  the  end  the  following  sentence :  — 
The  said  towns,  for  the  purposes  aforesaid,  may,  by  means 
of  driven  or  other  wells  or  filter  galleries  placed  in  land 
owned  by  said  towns,  and  not  more  than  one  hundred  feet 
distant  from  said  pond,  take,  hold  and  convey  as  aforesaid 
the  waters  of  said  pond  and  the  waters  in  the  ground  there- 
under. 

Section  2.    This  act  shall  take  efifect  upon  its  passage. 

Approved  July  17,  1945. 

Chap.Q19  An  Act  abolishing  the  boston  port  authority,  and 
establishing  a  port  of  boston  authority  AND  de- 
fining its  powers  and  duties. 

EmerMncy  Whereas,  The  deferred  operation  of  this  act  would  tend 

preanibie.  ^^  defeat  its  purpose,  which  is  to  make  immediately  opera- 
tive the  broader  powers  vested  in  the  new  board  thereby 
created  and  thereby  to  aid  in  the  more  prompt  enlargement 
of  the  Port  of  Boston  and  the  benefits  to  be  derived  there- 
from by  the  city  of  Boston  and  the  commonwealth,  there- 
fore it  is  hereby  declared  to  be  an  emergency  law,  necessary 
for  the  immediate  preservation  of  the  public  convenience 
and  necessity. 


Acts,  1945.  —  Chap.  619.  641 

He  it  enacted,  etc.,  as  follows: 

Section  1 .     Chapter  six  of  the  General  Laws  is  hereby  g.  l.  (Xer. 
amended  by  striking  out  section  seventeen,  as  amended,  and  §^ul'etc., 
inserting  in  place  thereof  the  following  section :  —  Section  amended. 
17.    The  armory  commission,  the  art  conmiission,  the  com-  oml^Tto 
mission  on  administration  and  finance,  the  commissioner  of  8«^«  »">der 
veterans'  services,  the  commissioners  on  uniform  state  laws,  nor  and 
the  public  bequest  commission,  the  state  ballot  law  com-  ''°""^' 
mission,  the  board  of  trustees  of  the  Soldiers'  Home  in 
Massachusetts,    the   milk   regulation    board,    the    alcoholic 
beverages  control  commission,   the  state   planning  board, 
the  trustees  of  the  state  library,  the  state  racing  commission, 
the  Greylock  reservation  commission,  the  Port  of  Boston 
Authority  and  the  Massachusetts  aeronautics  commission 
shall  serve  under  the  governor  and  council,  and  shall  be 
subject  to  such  supervision  as  the  governor  and  council 
deem  necessary  and  proper. 

Section  2.     Said  chapter  six  is  hereby  further  amended  ^dVe^*"^' 
by  inserting  at  the  end,  under  the  caption  "port  of  boston  new '5§'53-55. 
authority",    the    three    following    sections:  —  Section  53.  ^'^^^^^^ 
There  shall  be  a  board,  to  be  known  as  the  Port  of  Boston  ten^.  ap-' 
Authority,  consisting  of  five  members,  to  be  appointed  by  p°>"*">e°t- 
the  governor,  with  the  advice  and  consent  of  the  council. 
At  least  one  member  of  the  board  and  not  more  than  two 
members  thereof  shall  be  residents  of  the  city  of  Boston  and 
not  more  than  three  members  thereof  shall  be  members  of 
the  same  political  party.     Upon  the  expiration  of  the  term 
of  office  of  a  member  his  successor  shall  be  appointed  by 
the  governor,  to  serve  for  five  years  and  until  the  qualifica- 
tion of  his  successor.     The  governor  shall  designate  one  of 
the  members  as  chairman.    Each  member  may  be  removed 
by  the  governor,  with  like  advice  and  consent.     The  mem- 
bers shall  serve  without  compensation,  but  shall  be  reim- 
btirsed  for  their  necessary  expenses  incurred  in  connection 
with  travel  in  the  discharge  of  their  official  duties. 

Section  54-  Said  Authority  maj^  appoint,  and  may  re-  Director, 
move,  a  director  and  may,  subject  to  appropriation,  from 
time  to  time  establish  his  salary.  Said  director  and  such 
other  agents  and  employees  of  said  Authority  as  it  shall 
from  time  to  time  designate  by  a  writing  filed  in  its  office 
may  travel  in  the  performance  of  their  official  duties,  within 
and  without  the  commonwealth  and,  while  so  travelling, 
may  incur  such  expenses,  within  the  limits  of  the  amount 
appropriated  therefor,  as  said  Authority  may  from  time  to 
time  approve. 

Section  55.  Said  Authority  shall  have  an  office  in  the  clerical,  etc., 
city  of  Boston  and  shall,  in  addition  to  a  director,  employ,  »«»'»*»nt8. 
within  the  limits  of  the  amount  appropriated  therefor,  such 
experts,  counsel,  clerks,  engineers,  assistants  and  other 
employees  as  it  may  deem  necessary,  and,  subject  to  appro- 
priation, may  incur  such  other  expenses,  including  the  ex- 
pense for  advertising  and  publicizing  the  port  of  Boston  as 
it  may  deem  necessary.     The  director,  rate  experts,  com- 


642 


Acts,  1945.  —  Chap.  619. 


G.  L.  (Ter. 
Ed.),  chap- 
ter 91  A, 
added. 


Investigation 
and  reports. 


Port  of 
Boston 
defined. 


Powers  and 
duties. 


merce  counsel,  traffic  solicitors  and  other  experts  and  coun- 
sel shall  not  be  subject  to  chapter  thirty-one  and  the  rules 
made  thereunder. 

Section  3.  The  General  Laws  are  hereby  amended  by 
inserting  after  chapter  ninety-one,  as  amended,  the  follow- 
ing chapter:  — 

Chapter  91  A. 
Port  of  Boston  Authority. 

Section  1.  The  Port  of  Boston  Authority,  created  under 
section  fifty-three  of  chapter  six,  in  this  chapter  referred  to 
as  the  Authority,  shall  from  time  to  time  investigate  any 
and  all  matters  relating  to  the  port  of  Boston,  particularly 
with  reference  to  unification  of  overseas  terminals,  belt 
line  connections,  condition  and  location  of  piers  and  chan- 
nels, switching,  floatage,  lighterage,  rates,  rules,  regulations 
and  practices,  dockage,  wharfage,  water  front  labor  condi- 
tions, grain  elevator  and  warehouse  facilities.  The  Authority 
may  initiate  or  participate  in  any  rate  proceedings,  or  any 
hearings  or  investigations  concerning  the  port  of  Boston, 
before  any  other  body  or  official.  The  Authority  shall 
report  annually  in  December  to  the  governor  and  to  the 
general  court.  Said  report  shall  contain  detailed  informa- 
tion of  all  receipts  and  expenditures,  including  prices  paid 
for  land,  and  any  buildings  or  improvements  thereon,  pur- 
chased or  taken,  contracts  for  construction  of  pier  facilities 
and  for  the  leasing  thereof,  and  such  other  detailed  informa- 
tion concerning  the  operation  of  the  port  of  Boston  as  the 
Authority  may  determine  will  be  helpful  to  the  governor 
and  to  the  general  court. 

Section  2.  For  the  purposes  of  this  chapter,  the  Port  of 
Boston  is  defined  to  be  all  of  the  tide  water  lying  westerly 
of  the  following  described  line:  Point  Allerton  to  the  north- 
easterly side  of  Green  Island,  thence  to  the  southerly  point 
of  Deer  Island,  thence  to  the  northeasterly  corner  of  Presi- 
dent Roads  anchorage  basin,  thence  along  the  northerly 
side  of  said  anchorage  basin,  thence  along  the  westerly  end 
of  said  anchorage  basin  and  a  line  in  extension  thereof  to 
the  northerly  line  of  the  thirty-five-foot  main  ship  channel, 
thence  along  the  northerly  line  of  the  main  ship  channel  to 
the  Bird  Island  anchorage  basin,  thence  along  the  easterly 
end  and  northerly  side  of  said  Bird  Island  anchorage  basin 
to  an  intersection  of  the  southeasterl}^  side  line  of  Jeffries 
street  extended  southwesterly,  thence  northeasterly  along 
said  line  extended  and  the  southeasterly  side  line  of  Jeffries 
street  to  Maverick  street. 

Section  3.  The  Authority  shall  be  in  administrative 
charge  of  the  Port  of  Boston;  shall  cause  to  be  made  all 
necessary  plans  for  the  development  of  Boston  harbor;  shall 
have  immediate  charge  of  the  lands,  piers  and  other  struc- 
tures and  facilities  now  or  hereafter  owned  by  the  common- 
wealth in  said  Port,  excepting  therefrom  an  area  of  land  of 
the  commonwealth  at  South  Boston  bounded  by  Claflin 


Acts,  1945.  — Chap.  619.  643 

street,  D  street,  Cypher  street  and  Bullock  street  and  land 
of  the  commonwealth  between  Nashua  street  and  the  Charles 
river,  and  lands  under  the  control  of  the  metropolitan  dis- 
trict commission  and  of  the  construction  of  piers  and  other 
public  works  therein  which  are  necessary,  economically 
sound,  and  in  the  best  interests  of  the  commonwealth ;  shall 
administer  all  terminal  facilities  under  its  control ;  shall  keep 
itself  thoroughly  informed  as  to  the  present  and  probable 
future  requirements  of  steamships  and  shipping  and  as  to 
the  best  means  which  can  be  provided  at  said  port  for  the 
accommodations  of  steamships,  railroads,  warehouses  and 
industrial  establishments.  The  Authority  shall  prepare 
plans  and  estimates  of  the  cost  of  acquiring  needed  pier 
facilities  and  of  the  construction  of  such  new  facilities  as  it 
shall  determine  to  be  necessary,  and  shall  submit,  on  or 
before  the  fifteenth  day  of  December  in  each  year,  such 
plans  for  consideration  by  the  general  court. 

The  Authority,  with  the  approval  of  the  governor  and 
council  and  within  the  limit  of  the  authorization  granted 
therefor  by  the  general  court,  may  acquire  by  purchase  or 
otherwise  or  take  by  eminent  domain  under  chapter  seventy- 
nine,  and  may  hold,  such  real  property  and  such  rights  and 
easements  therein  as  the  Authority  may  from  time  to  time 
consider  necessarj^  for  the  purpose  of  constructing  or  secur- 
ing the  constructing  or  utilizing  of  piers  and,  in  connection 
therewith,  highways,  railroad  connections,  storage  yards 
and  sites  for  warehouses  and  industrial  establishments,  and 
may  lay  out  and  build  thereon,  and  upon  such  other  lands  as 
under  this  chapter  are  under  its  jurisdiction,  such  piers,  with 
buildings  and  appurtenances,  docks,  highways,  waterways, 
railroad  connections,  storage  yards,  grain  elevators  and  pub- 
lic warehouses  as  in  the  opinion  of  the  Authority  may  be 
desirable;  provided,  that  if  general  plans  bearing  the  signed 
approval  of  the  Authority,  or  the  signed  approval,  before 
the  effective  date  of  this  section,  of  the  department  of  public 
works,  given  after  due  notice  and  a  hearing,  describing  the 
property  and  showing  the  location  and  character  of  any  pro- 
posed docks,  piers,  wharves,  warehouses,  grain  elevators, 
factories,  power  plants  and  industrial  terminals,  of  adequate 
and  proper  design  and  general  suitability  for  the  purposes 
for  which  they  are  to  be  used,  shall  be  filed  with  the  Author- 
ity, together  with  a  written  notice  signed  by  the  owners  or 
lessees  or  by  others  having  legal  rights  in  the  premises,  stat- 
ing that  they  propose  to  construct  upon  the  property  de- 
scribed the  improvements  shown  by  said  plans  and  claiming 
exemption  from  the  taking  by  eminent  domain  as  authorized 
by  this  chapter  of  any  of  such  property,  including  the  lands 
upon  which  said  improvements  are  to  be  constructed,  then 
said  land  and  said  improvements  shall  not  be  taken  by  the 
Authority  by  eminent  domain  without  the  authorization  of 
the  general  court  granted  within  forty  years  after  the  date 
of  the  filing  of  said  plans  if  substantial  construction  in  gen- 
eral accordance  with  such  plans  is  actually  begun  in  good 


644  Acts,  1945. —  Chap.  619. 

Faith  witliin  one  year  after  the  date  of  the  approval  by  the 
Authority  of  the  plans,  and  if  said  improvements  are  finished 
substantiallj'  in  accordance  with  said  plans  within  five  years 
after  the  beginning  of  the  construction  of  said  improvements 
unless  the  Authority  shall  extend  the  time  within  which  said 
improvements  shall  be  completed;  and  provided,  further, 
that  after  completion  said  improvements  during  said  period 
of  forty  years  are  kept  in  suitable  repair  and  are  used  for 
the  purposes  to  which  said  approval  applied;  and  provided, 
further,  that  if  general  plans  bearing  the  signed  approval  of 
the  Authority,  or  the  signed  approval,  before  the  effective 
date  of  this  section,  of  the  department  of  public  works, 
given  after  due  notice  and  a  hearing,  and  describing  the 
property  and  location  and  character  of  any  existing  docks, 
piers,  wharves,  warehouses,  factories,  power  plants  and  in- 
dustrial terminals,  and  certifying  that  they  are  of  proper 
design  and  adequate  and  suitable  for  the  purposes  for  which 
they  are  to  be  used  and  that  they  are  in  proper  condition 
and  in  thorough  repair,  shall  be  filed  with  the  Authority, 
together  with  a  written  notice  signed  by  the  owners  or  lessees 
or  by  others  having  legal  rights  in  the  premises  and  claiming 
exemption  from  the  taking  by  eminent  domain  as  authorized 
by  this  chapter  of  any  such  propert}'^,  including  the  lands 
upon  which  said  improvements  have  been  constructed,  then 
said  lands  and  said  improvements  shall  not  be  taken  by  the 
Authority  by  eminent  domain  without  the  authorization  of 
the  general  court  granted  within  forty  years  after  the  date 
of  the  approval  by  the  Authority  if  during  that  time  such 
property  is  kept  in  suitable  repair  and  is  used  for  the  purpose 
to  which  said  approval  applied;  and  provided,  further,  that 
none  of  the  exemptions  from  taking  by  eminent  domain  pro- 
vided for  in  this  chapter  shall  apply  to  the  taking  by  the 
Authority  of  any  property  necessary  for  providing  suitable 
and  convenient  track  connections  between  the  rails  serving 
any  pier  or  piers  that  may  be  built  or  acquired  or  improved 
under  the  terms  of  this  chapter,  or  which  may  have  been 
built  or  acquired  or  improved  under  corresponding  provi- 
sions of  earlier  law,  or  under  any  of  the  provisions  of  chapter 
ninety-one,  and  the  rails  of  any  existing  or  proposed  railroad 
that  now  reaches  or  hereafter  may  reach  Boston.  Title  to 
all  property  acquired  by  the  Authority  shall  be  in  the 
commonwealth. 
Equipment,  Scction  A.    All  picrs  and  other  similar  structures  built  by 

tain  piers,  etc.  the  Authoritj''  or  by  any  predecessor  under  similar  provisions 
of  earlier  laws  shall  be  equipped,  either  by  the  Authority  or 
by  the  lessees  thereof,  with  fireproof  sheds,  railway  tracks, 
cranes,  and  other  machinery  and  accommodations  for  the 
convenient,  economical,  and  speedy  loading  and  discharge 
of  freight;  and  the  Autliority  may  acquire,  hold,  and  oper- 
ate such  lighters  and  other  vessels  as  may  be  convenient 
and,  in  the  opinion  of  the  Authority,  needed  for  that  pur- 
pose. The  Authority  shall  make  such  reasonable  rules  and 
regulations  and  shall  charge  such  reasonable  rates  for  the 


Acts,  1945. —  Chap.  619.  645 

use  of  such  stmctures  and  equipment  as  it  may  from  time 
to  time  deem  wise. 

Section  5.      The   Authority,    with    the   approval   of    the  Ap-eemeats 
governor  and  rouncil,  may  enter  into  aj^reements  with  the  nni^,il^states. 
United  States  for  the  purchase,  leasing  or  operation  of  any 
piers  or  other  facilities  owned  by  the  United  States  and, 
pursuant  to  any  such  agreement,  to  operate  and  manage, 
or  to  lease,  the  same. 

Section  6.  The  Authority  may  lease  for  a  period  not  f-eases. 
exceeding  twenty  years,  under  such  covenants  and  condi- 
tions as  it  may  prescribe,  storage  facihties,  wharves,  piers, 
foreshores,  bulkheads,  docks,  sheds,  grain  elevators,  ware- 
houses and  industrial  locations  within  its  charge.  The 
Authority  may  lease  sites  for  warehouses  and  industrial 
locations  for  a  longer  period,  but  every  lease  of  such  sites 
for  a  period  exceeding  twenty  years  shall  provide  for  a 
readjustment  of  the  rental  at  intervals  of  not  more  than 
twenty  years.  No  lease  for  a  term  exceeding  five  years 
shall  be  valid  until  approved  by  the  governor  and  council. 
The  income  from  all  wharfage  and  storage  rates,  use  of 
cranes,  lighterage,  dockage,  and  other  charges  and  from  the 
leases  of  lands,  storage  structures,  wharves,  piers,  foreshores, 
docks,  sheds,  warehouses,  and  industrial  sites  and  all  moneys 
received  by  the  commonwealth  for  tidewater  displacements 
in  Boston  harbor  under  section  twenty-one  of  chapter 
ninety-one,  and  all  moneys  hereafter  received  whicli  on 
May  twenty-eighth,  nineteen  hundred  and  thirteen  were 
required  to  be  paid  into  the  Commonwealth's  Flats  Im- 
provement Fund,  shall  be  collected  by  the  Authority  and 
paid  into  the  state  treasurj^  to  the  credit  of  the  Port  of 
Boston  Fund.  Said  fund  may  be  invested  by  the  state 
treasurer  at  his  discretion,  from  time  to  time,  in  the  same 
manner  as  is  provided  by  law  for  the  investment  of  the 
commonwealth's  funds,  and  all  income  from  such  invest- 
ments shall  be  added  to  the  fund.  The  general  court  shall 
annually  appropriate  such  sums  as  it  determines  may  be 
needed  to  meet  the  expenses  of  operating,  maintaining,  re- 
pairing and  preserving  the  property  under  the  control  of 
the  Authority  from  the  Port  of  Boston  Fund,  and  any 
balances  remaining  in  said  fund  after  the  aforementioned 
expenses  have  been  paid  shall  be  applied  to  the  payment  of 
interest  and  to  the  annual  payments  on  account  of  principal 
of  any  securities  which  may  be  issued  to  raise  money  to  be 
expended  for  the  development  of  the  port  of  Boston. 

Section  7.  The  Authority  is  authorized  to  grade  and  i^oatioMand 
surface  suitably  any  railroad  locations  or  traffic  ways  which  traffic  ways. 
are  or  may  be  located  on  lands,  flats,  or  rights  therein,  now 
owned  or  hereafter  acquired  by  the  commonwealth  under 
the  provisions  of  this  chapter,  and  to  carry  said  ways  or 
railroads  over  or  under  any  railroad  or  railway  location  or 
public  way  in  order  to  eliminate  crossings  at  grade,  and  to 
provide  suitable  and  convenient  track  connections  between 
the  rails  serving  any  pier  or  piers  and  those  of  any  existing 


646 


Acts,  1945.  —  Chap.  619. 


Certain 
powers  of 
revocation, 
licenses,  etc. 


or  proposed  railroad  that  now  reaches  or  hereafter  may 
reach  Boston.  All  piers  held  or  controlled  by  the  Authority 
shall  also  be  accessible  and  open  to  all  teaming,  trucking 
and  lighterage  traffic,  subject  to  such  regulations  as  the 
Authority  may  from  time  to  time  make. 

Upon  application  to  the  Authority,  any  railroad  company 
that  now  reaches  or  hereafter  may  reach  Boston,  either  by 
its  own  rails  or  under  trackage  or  traffic  contract  or  agree- 
ment with  any  other  railroad  company,  may  be  provided 
by  the  Authority  with  a  track  connection  with  the  tracks 
serving  such  pier  or  piers. 

Section  8.  Every  authority  or  license  granted  since 
eighteen  hundred  and  sixty-eight  by  the  general  court,  or 
by  the  department  of  public  works  or  its  predecessors,  to 
any  person  to  build  or  extend  a  wharf  or  other  structure 
upon,  or  to  drive  piles  in,  or  to  fill  or  otherwise  occupy,  land 
in  tide  or  navigable  water,  within  the  Port  of  Boston  and 
under  the  control  of  said  Authority,  which  is  revocable  at 
the  discretion  of  the  general  court,  and  every  other  similar 
right  or  privilege  within  said  area  which  is  revocable,  whether 
or  not  compensation  has  been  paid  under  any  provision  of 
law  or  otherwise,  shall  hereafter  cease  and  determine,  or  be 
subject  to  forfeiture,  in  case  of  the  non-use  of  the  same  for 
an  unreasonable  time  without  reasonable  cause,  and  it  shall 
be  prima  facie  evidence  that  the  same  is  held  unused  in 
restraint  of  trade  when  the  tendency  of  such  non-use  is  to 
prevent  competition  in  its  broad  and  general  sense,  unless 
such  person  has,  prior  to  July  twenty-eight,  nineteen  hun- 
dred and  twelve,  made  reasonable  and  substantial  use  of 
structures,  or  has  reasonably  and  substantially  occupied 
land  in  tide  or  navigable  waters,  for  the  purposes  for  which 
the  authority  or  license  was  granted;  and  thereupon  every 
such  authority  or  license  and  every  similar  right  and  privi- 
lege shall  cease  and  determine  on  repayment,  or  tender  of 
repayment,  by  the  commonwealth  of  compensation  therefor 
to  the  amount  which  shall  have  been  paid  into  the  state 
treasury  in  accordance  with  the  terms  of  such  authority  or 
license;  and  it  shall  be  the  duty  of  the  Authority  to  cause  a 
proper  certificate  of  the  revocation  of  such  authority  or 
license  to  be  recorded  forthwith  in  the  registry  of  deeds  for 
the  county  or  district  within  which  such  structure  was  built 
or  work  done.  No  license  or  other  authority  to  build  struc- 
tures upon  or  to  fill  up  or  enclose  any  ground  mentioned  in 
this  section  shall  be  construed  to  interfere  with  or  impair 
the  right  of  any  person  affected  thereby  to  equal  propor- 
tional privileges  of  approaching  low  water  mark  or  one 
hundred  rods  from  high  water  mark,  or  harbor  Imes  estab- 
lished by  law,  or  to  impair  the  right  to  obtain  a  license  or 
authority  so  to  approach  of  persons  having  interests  in  lands 
or  flats  which  may  be  affected  thereby,  or  to  impair  the 
legal  rights  of  any  person.  All  things  done  under  such 
license  or  authority  shall  be  subject  to  the  approval  of  the 
Authority.     If  after  the  granting  of  any  such  licenses  or 


Acts,  1945.  --  Chap.  019.  647 

authority,  the  general  court  shall  establish  a  harbor  line 
within  the  outer  line  covered  by  such  license  or  authority, 
the  same  shall  be  hmited  by  and  not  extend  beyond  such 
harbor  line. 

Section  9.     The   Authority   may   proceed   at   law   or   in  Enforcement 
equity  to  enforce  the  provisions  of  any  lease,  contract,  in-  °*^''*^- 
strument  or  other  agreement  acquired  or  entered  into  by  it 
or  the  department  of  public  works  or  its  predecessor,  under 
any  provision  of  this  chapter  or  of  any  similar  provisions 
of  earlier  laws. 

Section  10.     The  supreme  judicial  court  shall  have  juris-  Court 
diction  in  equity  upon  an  information  filed  by  the  attorney  J^i«'i'°*»°"- 
general,  to  restrain  any  violation  of  any  provision  of  this 
chapter,  or  of  any  pertinent  similar  provision  of  earlier  law 
of  which  such  provision  of  this  chapter  is  a  continuation. 

Section  4.  Of  the  members  of  the  Port  of  Boston  Au-  Term  of 
thority  first  appointed  under  authority  of  this  act,  one  shall  °^''®- 
be  appointed  for  the  term  of  one  year  from  the  first  day  of 
July  in  the  current  year,  one  for  the  term  of  two  years  from 
said  date,  one  for  the  term  of  three  years  from  said  date, 
one  for  the  term  of  four  years  from  said  date,  and  one  for 
the  term  of  five  years  from  said  date. 

Section  5.  All  the  rights,  powers  and  duties  on  the  certain 
effective  date  of  this  act  pertaining  to  the  department  of  plrtatnfng" 
public  works  in  respect  to  lands,  rights  in  lands,  flats,  shores,  to  the  ^^ 
waters  and  rights  belonging  to  the  commonwealth  in  tide-  of  pu'bulf" 
waters  and  in  lands  under  water,  within  the  port  of  Boston,  '*'°'''^'' 
as  such  term  is  defined  in  section  two  of  chapter  ninety-one  A 
of  the  General  Laws,  and  any  other  rights  and  powers 
heretofore  vested  by  the  laws  of  the  commonwealth  in  the 
department  of  public  works  in  respect  to  the  port  of  Boston 
not  heretofore  in  this  act  expressly  vested  in  or  imposed 
upon  the  Port  of  Boston  Authority,  hereinafter  and  in  the 
subsequent  provisions  of  this  act  referred  to  as  the  Authority, 
are  hereby  transferred  to  and  hereafter  shall  be  vested  in 
and  exercised  by  the  Authority.  There  is  also  transferred 
to  and  vested  in  the  Authority  the  right  to  request  the  rais- 
ing of  funds  under  the  provisions  of  chapter  seven  hundred 
and  fourteen  of  the  acts  of  nineteen  hundred  and  forty-one 
and  to  expend  the  same.  The  Authority  shall  also  assume 
and  take  over,  on  behalf  of  the  commonwealth,  any  rights, 
powers,  and  duties  of  the  department  of  public  works  under 
any  contracts  heretofore  made  for  the  improvement,  filling, 
sale,  use,  or  other  disposition  of  the  lands,  flats,  or  waters  of 
the  commonwealth  within  the  port  of  Boston,  including  any 
structures  which,  on  said  effective  date,  are  existing  or  being 
built  therein  or  thereon.  The  department  of  public  works 
and  the  Boston  Port  Authority  shall  deliver  to  the  Au- 
thority such  maps,  charts,  plans,  and  documents  now  in 
the  custody  of  said  department  or  Boston  Port  Authority 
relating  to  the  waters  and  lands  in  charge  of  the  Authority 
as  may  be  practicable;  and  said  last  mentioned  Authority 
shall  at  all  times  have  access  to  any  other  maps,  charts, 


648 


Acts,  1945. —  Chap.  619. 


Certain  con- 
duct to  be 
conditioned, 
etc. 


Employment 
of  certain 

a&sistants. 


Repeal  of  cer- 
tain powers 
and  duties  of 
department  of 
public  works. 


Transfer  of 
certain  em- 
ployees. 


plans,  and  documents  relating  to  said  waters  and  lands,  in 
the  office  of  said  department  of  public  works  or  Boston 
Port  Authority,  or  in  the  office  or  custody  of  an.y  other 
public  board,  commission  or  official. 

Section  6.  Whenever  in  chapter  ninety-one  of  the 
(general  Laws,  conduct  is  conditioned  upon,  or  shall  be 
unlawful  without,  notice  or  submission  to,  or  the  knowledge, 
satisfaction  or  assent  of,  or  filing  with,  or  licensing  by,  the 
department  of  public  works,  such  conduct,  where  related 
to  matters  within  the  area  subject  to  the  control  and  juris- 
diction of  the  Authority,  shall  no  longer  be  so  conditioned 
but  shall  hereafter  be  conditioned,  subject  to  the  same  pro- 
cedure of  enforcement  and  penalties,  if  any,  for  non-com- 
pliance, upon  like  notice  or  submission  to,  the  knowledge, 
satisfaction  or  assent  of,  the  filing  with  or  the  granting  of  a 
license  by,  the  Authoritj',  as  the  case  may  be. 

Section  7.  The  Authority  may  temporarily  employ 
such  engineering,  clerical  and  other  assistants  as  it  deems 
necessary  for  the  purpose  of  carrying  out  any  work  for 
which  loans  referred  to  in  this  act  are  authorized,  and  chap- 
ter thirty-one  of  the  General  Laws  and  the  rules  made 
thereunder  shall  not  apply  to  persons  so  temporarily  em- 
ployed. 

Section  8.  So  much  of  sections  three  to  seven,  inclu- 
sive, and  of  section  fifteen  of  chapter  ninety-one  of  the 
General  Laws,  as  amended,  as  refers  to  powers  and  duties 
of  the  department  of  public  works  which  by  any  provision 
of  this  act  are  granted  to  and  imposed  upon  the  Authority, 
is  hereby  repealed;  but,  to  the  fullest  extent  possible  con- 
formably to  its  terms  so  much  of  this  act  as  refers  to  such 
powers  and  duties  shall  be  construed  as  a  continuation  of 
said  provisions  and  not  as  a  new  enactment. 

Section  9.  Each  of  the  employees  of  the  department  of 
public  works  assigned  to  work  hereafter  to  come  under  the 
jurisdiction  of  the  Authority  is  hereby  transferred  to  the 
service  of  the  Authority  without  impairment  of  his  civil 
service  status  or  of  any  retirement  or  other  rights  to  which 
he  may  be  entitled.  Each  of  the  employees  of  the  Boston 
Port  Authority,  as  existing  immediately  prior  to  the  effec- 
tive date  of  this  act,  shall  continue  to  hold  the  office  or 
position  then  held  by  him,  and  he  shall  be  subjected  to  a 
non-competitive  qualifying  civil  service  examination  for 
such  office  or  position  by  the  division  of  civil  service.  If  he 
passes  said  examination,  he  shall  be  certified  for  said  office 
or  position  and  shall  be  deemed  to  be  permanently  ap- 
pointed thereto  without  serving  any  probationary  period, 
and  his  tenure  of  office,  and,  in  any  event,  the  tenure  of 
office  of  any  subsequent  incumbent  of  said  office  or  position, 
shall  be  unlimited,  subject,  however,  to  the  provisions  of 
the  civil  service  laws.  If  such  an  employee  does  not  pass 
such  non-competitive  qualifying  civil  service  examination, 
he  may  continue  to  serve  in  said  office  or  position,  but  shall 
not  be  subject  to  the  provisions  of  said  civil  service  laws. 


Acts,  1945. —  Chap.  619.  649 

Section  10.  Subject  to  the  conditions  herein  imposed,  g^fg  ^f^gV 
for  the  purpose  of  purchasing  sites  and  pier  locations  and  tain  bonds. 
the  construction  thereon  of  pier  facilities  under  authority 
of  chapter  ninety-one  A  of  the  General  Laws,  inserted 
therein  by  section  three  of  this  act,  the  state  treasurer  shall, 
upon  request  of  the  Authorit}^  and  with  approval  of  the 
governor  and  council,  issue  and  sell  at  pubUc  or  private 
sale  bonds  of  the  commonwealth,  registered  or  with  interest 
coupons  attached,  as  he  may  deem  best,  to  an  amount  to 
be  specified  by  the  Authority  from  time  to  time,  but  not 
exceeding,  in  the  aggregate,  the  sum  of  fifteen  million  dol- 
lars. All  bonds  issued  by  the  commonwealth  as  aforesaid 
shall  be  designated  on  the  face:  Boston  Harbor  Facilities 
Loan,  1945,  and  shall  be  on  the  serial  payment  plan  for 
such  maximum  term  of  years,  not  exceeding  twenty  years, 
as  the  governor  may  recommend  to  the  general  court  pur- 
suant to  section  3  of  Article  LXII  of  the  Amendments  to 
the  Constitution  of  the  Commonwealth,  the  maturities 
thereof  to  be  so  arranged  that  the  amount  paj^able  each 
year,  other  than  the  final  year,  shall  be  as  nearly  equal  as 
in  the  opinion  of  the  state  treasurer  is  practicable;  pro- 
vided, that  no  construction,  to  be  paid  for  from  the  pro- 
ceeds of  the  bond  issue  hereby  authorized,  shall  be  done 
unless  the  Authority  shall  have  first  executed  a  written 
contract,  approved  by  the  governor,  with  a  responsible 
party  providing  for  the  lease  of  said  property,  the  minimum 
requirements  of  which  shall  be  at  a  rate  sufficient  to  amor- 
tize sixtj'^  per  cent  of  the  actual  cost  to  the  commonwealth 
of  the  facilities  included  in  the  lease,  over  a  period  not  to 
exceed  twenty  years,  which  contract  may  provide  that  at 
the  expiration  of  the  term  of  the  lease  it  may,  at  the  option 
of  the  lessee,  be  renewed  for  a  further  period  of  twenty 
years;  and  provided,  further,  that  no  expenditure  or  com- 
mitment from  the  proceeds  of  said  bond  issue  in  excess  of 
five  million  dollars  shall  be  made  without  further  authoriza- 
tion by  the  general  court  therefor. 

Section  11.  Sections  two  and  four  of  this  act  shall  take  Kffeciive 
effect  upon  its  passage,  and  the  balance  of  this  act  shall  ''''*^- 
take  efi'ect  upon  the  qualification  of  all  of  the  members  of 
the  Port  of  Boston  Authority  originally  appointed  there- 
under; provided,  that  the  department  of  public  works  shall 
continue  to  have  and  to  exercise  all  powers  and  duties  im- 
posed upon  or  vested  in  said  department  by  law  upon  said 
effective  date,  to  the  extent  of  taking  action  at  any  time 
within  three  months  following  said  effective  date  depending 
upon  any  petition  pending  before  said  department  on  said 
effective  date  upon  which  a  public  hearing  had  then  been 
held  or  upon  which  an  order  of  notice  of  a  public  hearing 
had  then  been  issued.  Approved  July  17,  191^5. 


650 


Acts,  1945.  —  Chaps.  620,  621. 


G.  L.  (Ter. 
Ed.;.  69. 
i  60,  etc., 
amended. 


Records  of 
abatements. 


Chap.Q20  An  Act  relative  to  records  of  abatement  of  local 

TAXES. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  fifty-nine  of  the  General  Laws  is  hereby  amended 
by  striking  out  section  sixty,  as  most  recently  amended  by 
chapter  two  hundred  and  nine  of  the  acts  of  nineteen  hun- 
dred and  forty-one,  and  inserting  in  place  thereof  the  fol- 
lowing section :  —  Section  60.  Every  board  of  assessors 
shall  record  all  abatements  of  taxes.  The  record  of  abate- 
ment of  the  whole  or  any  part  of  any  tax  shall  be  signed  by 
a  majority  of  the  board  and  shall  show  plainly  the  following 
details : 

First,  The  name  or  title  in  which  the  tax  stands  assessed. 

Second,  The  year  in  which  the  tax  was  assessed. 

Third,  The  total  amount  of  the  tax. 

Fourth,  The  date  when  the  abatement  was  made. 

Fifth,  The  sum  abated  on  poll  tax. 

Sixth,  The  sum  abated  on  personal  estate. 

Seventh,  The  sum  abated  on  real  estate. 

Eighth,  The  total  sum  abated. 

Ninth,  In  case  of  an  abatement  to  put  into  effect  a  statu- 
tory exemption,  exact  reference  to  the  statutory  provision 
under  which  the  exemption  is  granted. 

The  assessors  shall  forthwith  upon  making  an  abatement 
furnish  the  tax  collector  with  a  copy  thereof. 

The  records  which  boards  of  assessors  are  required  to 
keep  pursuant  to  this  section  shall  be  kept,  in  the  order  in 
which  such  abatements  of  taxes  are  granted,  in  a  book  or 
set  of  books  provided  for  the  purpose  and  in  such  form  as 
the  commissioner  may  prescribe.  Such  book  or  books,  or 
copies  thereof,  shall  be  open  to  public  inspection.  Every 
board  of  assessors  shall  at  the  request  of  any  person  furnish 
one  or  more  copies  of  any  record  required  by  this  section  to 
be  kept,  upon  the  payment  in  advance  of  a  fee  approxi- 
mating the  cost  of  such  copy  or  copies. 

Applications  for  abatement  under  this  chapter  shall,  ex- 
cept in  proceedings  before  the  county  commissioners,  the 
appellate  tax  board  or  a  court  of  the  commonwealth,  be 
open  only  to  the  inspection  of  the  assessors,  the  commis- 
sioner, the  deputies,  clerks  and  assistants  of  either  the 
assessors  or  the  commissioner  and  such  other  officials  of  the 
commonwealth  or  of  its  political  subdivisions  as  may  have 
occasion  to  inspect  such  applications  in  the  performance  of 
their  official  duties.  Approved  Jidy  17,  191^5. 


Chap.621  An  Act  relative  to  abatement  of  taxes  and  to  cer- 
tain  APPEALS   TO   THE  APPELLATE    TAX    BOARD. 


G.  L.  (Ter. 
Ed.),  58A, 
§  6,  etc., 
amended. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.    Chapter  fifty-eight  A  of  the  General  Laws  is 
hereby  amended  by  striking  out  section  six,  as  amended,  and 


Acts,  1945.  —  Chap.  621.  651 

inserting  in  place  thereof  the  following  section :  —  Section  6.  Jurisdiction. 
The  board  shall  have  jurisdiction  to  decide  appeals  under 
the  provisions  of  section  forty-two  E  of  chapter  forty;  of 
sections  two,  fourteen  and  twenty-five  of  chapter  fifty-eight; 
of  clauses  Seventeenth  and  Twenty-second  of  section  five  of 
chapter  fifty-nine;  of  sections  seven,  seven  A,  thirty-nine, 
sixty-four,  sixty-five,  sixty-five  B,  seventy-three  and  eighty- 
one  of  said  chapter  fifty-nine;  of  section  two  of  chapter 
sixty  A;  of  section  fort3^-five  of  chapter  sixty-two;  of  sec- 
tions two,  eighteen  A,  twenty-eight,  fifty-one,  sixty  and 
seventy-one  of  chapter  sixty-three;  of  section  six  of  chapter 
sixty-four;  of  sections  five  and  ten  of  chapter  sixty -four  A; 
of  sections  twenty-five  and  twenty-six  of  chapter  sixty-five; 
of  section  four  of  chapter  sixty-five  A;  and  under  any  other 
provision  of  law  wherein  such  jurisdiction  is  or  may  be  ex- 
pressly conferred.  Except  as  otherwise  provided  by  law,  no 
appeal  to  the  board  shall  stay  the  collection  of  any  tax  or 
excise.  Whenever  the  commissioner  of  corporations  and 
taxation,  in  this  chapter  called  the  commissioner,  or  a  board 
of  assessors,  before  whom  or  which  an  application  in  writing 
for  the  abatement  of  a  tax  is  or  shall  be  pending,  fails  to  act 
upon  said  application,  except  with  the  written  consent  of 
the  applicant,  prior  to  the  expiration  of  three  months  from 
the  date  of  filing  of  such  application,  it  shall  then  be  deemed 
to  be  denied  and  the  taxpayer  shall  have  the  right,  at  any 
time  within  three  months  thereafter,  to  take  any  appeal 
from  such  denial  to  which  he  may  be  entitled  by  law,  in  the 
same  manner  as  though  the  commissioner  or  board  of  as- 
sessors had  in  fact  refused  to  grant  the  abatement  applied 
for.  After  the  expiration  of  said  first  mentioned  three 
months  the  commissioner  or  the  board  of  assessors  shall 
have  no  further  authority  to  act  upon  said  application; 
provided,  that  during  the  period  allowed  for  the  taking  of 
an  appeal  the  commissioner  or  the  assessors,  as  the  case  may 
be,  may  by  agreement  with  the  applicant  abate  the  tax  in 
whole  or  in  part  in  final  settlement  of  said  application,  and 
shall  also  have  the  authority  granted  to  him  or  them  by  sec- 
tion seven  of  this  chapter  to  abate,  in  whole  or  in  part,  any 
tax  as  to  which  an  appeal  has  been  seasonably  taken. 

Section  2.     Section  seven  of  said  chapter  fifty-eight  A,  ej^'^JX"^" 
as  amended,  is  hereby  further  amended  by  striking  out,  in  §  i,  etc.,  ' 
the  thirty-ninth  and  fortieth  lines,  the  words  "of  that  por-  *'°«°'^«'^- 
tion",  —  so  as  to  read  as  follows :  — »Sedzon  7.     Any  party  Appeals  to 
taking  an  appeal  to  the  board  from  a  decision  or  determina-  ^lo^^ab^fi-" 
tion  of  the  commissioner  or  of  a  board  of  assessors,  herein-  nien't  by 
after  referred  to  as  the  appellee,  shall  file  a  petition  with  the  answerr'entry 
clerk  of  the  appellate  tax  board  and  serve  upon  said  appellee  ^^^'  **"■ 
in  the  manner  provided  in  section  nine  a  copy  thereof.    Where 
two  or  more  parcels  of  real  estate  are  included  in  one  deci- 
sion of  a  board  of  assessors,  the  appellate  tax  board  in  its 
discretion  may  require  that  each  parcel  be  the  subject  of  a 
separate  petition.    The  commissioner  shall  forthwith  furnish 
a  copy  of  each  such  petition  served  upon  him  to  the  attor- 


652 


Acts,  1945.  ~  Chap.  621 


G.  L.  (Ter. 
Ed.).  68A, 
§  7A.  etc., 
amended. 

laformal 

procedure 

defined. 


Rules  and 
regulationii. 


ney  general.  The  petition  upon  such  appeal  shall  set  forth 
specifically  the  facts  upon  which  the  party  taking  an  appeal, 
hereinafter  called  the  appellant,  relies,  together  with  a  state- 
ment of  the  contentions  of  law  which  the  appellant  desires 
to  raise.  The  appellant  shall  state  upon  the  petition  the 
address  at  which  service  of  .'iny  pleading,  motion,  order, 
notice  or  process  in  connection  with  the  appeal  can  be  made 
upon  him.  Within  such  time  as  the  board  by  its  rules  may 
prescribe,  the  appellee  shall  file  with  the  board  an  answer 
stating  fully  each  finding  of  fact  and  ruling  of  law  made  with 
respect  to  the  tax  or  determination  in  issue  and  denying  or 
admitting  each  and  every  allegation  of  fact  contained  in  the 
petition;  except  that,  in  an  appeal  under  section  sixty-four 
or  sixty-five  of  chapter  fifty-nine,  if  the  appellee  desires  to 
raise  no  issue  other  than  the  question  whether  there  has  been 
an  overvaluation  of  the  property  on  which  the  tax  appealed 
from  was  assessed,  no  answer  need  be  filed.  If  no  answer  is 
filed  in  such  a  case,  the  allegation  of  overvaluation  of  such 
property  shall  be  held  to  be  denied  and  all  other  material 
facts  alleged  in  the  petition  admitted.  If  an  answer  is  filed 
a  copy  shall  be  served  upon  the  appellant,  in  the  manner 
provided  in  section  nine.  The  party  taking  the  appeal  shall 
at  the  time  of  filing  the  petition  pay  an  entry  fee  of  ten  dol- 
lars for  each  appeal  from  a  decision  of  the  commissioner  or, 
in  the  case  of  an  appeal  from  a  decision  of  a  board  of  asses- 
sors, an  entry  fee  equal  to  ten  cents  on  each  one  thousand 
dollars  of  the  assessed  value  of  the  real  estate  or  personal 
propert}^,  or  both,  the  tax  on  which  is  sought  to  be  abated, 
except  that  the  minimum  entry  fee  shall  be  five  dollars. 
The  board  shall  not  consider,  unless  equity  and  good  con- 
science so  require,  any  issue  of  fact  or  contention  of  law  not 
specifically  set  out  in  the  petition  upon  appeal  or  raised  in 
the  answer.  At  any  time  before  the  decision  upon  the  appeal 
by  the  board  or  by  the  supreme  judicial  court  on  appeal  un- 
der section  thirteen,  the  appellee  may  abate  the  tax  appealed 
from  in  whole  or  in  part  or  change  his  or  its  detennination. 
Section  3.  Said  chapter  fifty-eight  A  is  hereby  further 
amended  by  striking  out  section  seven  A,  as  amended,  and 
inserting  in  place  thereof  the  following  section :  —  Section 
7 A.  The  board  shall  establish  by  rule  an  alternative  pro- 
cedure, hereinafter  referred  to  as  the  informal  procedure, 
for  the  determination  of  petitions  for  abatement  of  any  tax 
upon  real  estate  or  tangible  personal  property,  where  such 
procedure  is  elected  by  both  parties,  except  as  hereinafter 
provided.  Such  procedure,  to  the  extent  that  the  board 
may  consider  practicable,  shall  eliminate  formal  rules  of 
pleading,  practice  and  evidence,  and,  except  for  the  entry 
fee  herein  provided,  may  eliminate  any  or  all  fees  and  costs, 
or  may  provide  that  costs  shall  be  in  the  discretion  of  the 
board.  An  appellant  desiring  to  be  heard  under  the  in- 
formal procedure  shall  pay  to  the  clerk  the  entry  fee  pro- 
vided in  section  seven,  except  that  the  minimum  entry  fee 
shall  be  two  dollars  if  the  assessed  valuation  of  the  property 


Acts,  1945.  —  Chap.  621.  653 

on  which  the  tax  appealed  from  was  assessed  does  not  ex- 
ceed twenty  thousand  dollars  and  such  property  is  occupied 
in  whole  or  in  part  by  the  appellant  as  his  dwelling,  contains 
not  more  than  three  units  designed  for  dwelling  purposes 
and  is  in  no  part  used  for  any  other  purposes,  or  if  the 
assessed  valuation  of  the  property  on  which  the  tax  appealed 
from  was  assessed  does  not  exceed  five  thousand  dollars  and 
such  property  is  within  the  class  of  tangible  personal  prop- 
erty described  in  clause  Twentieth  of  section  five  of  chapter 
fifty-nine,  and  shall  file  a  written  waiver  of  the  right  of  appeal  AppeUant's 
to  the  supreme  judicial  court,  except  upon  questions  of  law  appeal. 
raised  by  the  pleadings  or  by  an  agreed  statement  of  facts  or 
shown  by  the  report  of  the  board,  an  election  of  the  informal 
procedure  and  a  written  statement  of  the  facts  in  the  case 
and  of  the  amount  claimed  in  abatement  together  with  such 
additional  information  as  the  clerk  may  require.  The 
statement  last  referred  to  may  be  made  on  forms  to  be 
suppHed  by  the  board  and,  if  the  appellant  so  requests  and 
the  assessed  value  of  the  property  concerned  does  not  ex- 
ceed twenty  thousand  dollars,  shall  be  made  out  for  the 
appellant  by  the  clerk  or  an  emploj^ee  of  the  board  desig- 
nated by  the  board.  The  clerk  shall  then  serve  a  copy  of 
such  statement  upon  the  appellee.  No  further  pleadings 
shall  be  required  under  this  procedure  if  the  appellee  intends 
to  offer  no  other  defense  than  that  the  property  was  not 
overvalued;  otherwise  it  shall  file  with  the  board  within 
thirty  days  of  the  service  of  such  statement  an  answer 
similar  to  that  required  under  the  procedure  provided  by 
section  seven,  hereinafter  referred  to  as  the  formal  pro- 
cedure. If  the  assessed  valuation  of  the  property  concerned 
exceeds  twenty  thousand  dollars,  the  appellee,  within  ten 
da3^s  of  the  date  of  the  service  of  such  statement,  may  elect 
to  have  the  appeal  heard  under  the  formal  procedure  by  so 
notifying  the  clerk  in  writing  and  by  paying  to  him  a  trans- 
fer fee  of  five  dollars,  in  which  case  the  said  statement  shall 
be  considered  to  be  a  petition  and  such  service  to  be  service 
of  the  petition  and  the  waiver  of  the  right  of  appeal  by  the 
appellant  shall  be  void.  If  the  appellee  does  not  so  transfer 
the  case,  the  informal  procedure  shall  be  deemed  to  have 
been  accepted  and  all  right  of  appeal  waived  by  the  appellee, 
except  upon  questions  of  law  raised  by  the  pleadings  or  by 
an  agreed  statement  of  facts  or  shown  by  the  report  of  the 
board.  No  statement  under  the  informal  procedure  shall 
relate  to  an  assessment  on  more  than  one  parcel  of  real 
estate,  except  where  the  board  shall  specifically  permit 
otherwise.  The  chairman  shall  provide  for  the  speedy 
hearing  of  all  appeals  to  be  heard  under  the  informal  pro- 
cedure. The  chairman  shall  make  every  effort  to  reduce 
the  expense  of  hearing  cases  filed  under  the  informal  pro- 
cedure by  directing  whenever  possible  that  petitions  for 
abatement  of  taxes  assessed  upon  real  estate  situated  in  the 
same  general  locality  of  the  same  town  be  heard  together, 
Irrespective  of  the  identity  of  the  appellants. 


654 


Acts,  1945. —  Chap.  621. 


G.  L.  (Ter. 
Ed.).  59. 
$  59,  etc., 
amended. 


Application 
for  abate- 
ments. 


G.  L.  (Ter. 
Ed.),  59, 
§  64,  etc., 
amended. 


Appeals  to 
county  com- 
missioners 
in  certain 
tax  matters. 


Section  4.  Section  fifty-nine  of  chapter  fifty-nine  of 
the  General  Laws,  as  most  recently  amended  by  section  one 
of  chapter  one  hundred  and  sixty-six  of  the  acts  of  nineteen 
hundred  and  forty-three,  is  herebj'-  further  amended  bj*^ 
striking  out  the  first  sentence  and  inserting  in  place  thereof 
the  following  sentence :  —  A  person  upon  whom  a  tax  has 
been  assessed  or  the  administrator  of  the  estate  of  such  a 
person  or  the  executor  or  trustee  under  the  will  of  such  a 
person,  if  aggrieved  by  such  tax,  may,  except  as  hereinafter 
otherwise  provided,  on  or  before  October  first  of  the  year 
to  which  the  tax  relates  or,  if  the  tax  is  other  than  a  poll 
tax  and  the  bill  or  notice  was  first  sent  after  September  first 
of  such  year,  on  or  before  the  thirtieth  day  after  the  date  on 
which  the  bill  or  notice  was  so  sent,  apply  in  writing  to  the 
assessors,  on  a  form  approved  by  the  commissioner,  for  an 
abatement  thereof,  and  if  they  find  him  taxed  at  more  than 
his  just  proportion,  or  upon  an  assessment  of  any  of  his 
property  in  excess  of  its  fair  cash  value,  they  shall  make  a 
reasonable  abatement;  provided,  that  a  person  aggrieved 
by  a  tax  assessed  upon  him  under  section  seventy-five  or 
reassessed  upon  him  under  section  seventy-seven  may 
apply  for  such  abatement  at  any  time  within  six  months 
after  notice  of  such  assessment  or  reassessment  is  sent  to  him. 

Section  5.  Section  sixty-four  of  said  chapter  fifty-nine 
is  hereby  amended  by  striking  out  the  first  paragraph,  as 
most  recently  amended  by  section  six  of  chapter  thirty-one 
of  the  acts  of  nineteen  hundred  and  thirty-nine,  and  in- 
serting in  place  thereof  the  following  paragraph:  — A  person 
aggrieved  by  the  refusal  of  assessors  to  abate  a  tax  on  per- 
sonal property  at  least  one  half  of  which  has  been  paid,  or 
a  tax  of  not  more  than  one  thousand  dollars  on  a  parcel  of 
real  estate,  or  a  tax  of  more  than  one  thousand  dollars  on  a 
parcel  of  real  estate  which  tax  either  has  been  paid  or  on 
account  of  which  there  has  been  paid  a  sum  not  less  than  the 
amount  which  would  be  assessable  in  the  year  of  assessment 
of  the  tax  upon  a  valuation  equal  to  the  average  of  the 
valuations  of  said  parcel,  as  reduced  b}^  reason  of  abate- 
ments, if  any,  for  the  three  years  next  preceding  said  year, 
may,  within  three  months  after  receiving  the  notice  pro- 
vided in  section  sixty-three,  or  within  three  months  aftfer 
the  time  when  the  application  for  abatement  is  deemed  to 
be  denied  as  hereinafter  provided,  appeal  therefrom  by 
filing  a  complaint  with  the  clerk  of  the  county  commissioners, 
or  of  the  board  authorized  to  hear  and  determine  such  com- 
plaints, for  the  county  where  the  property  taxed  lies,  and  if 
on  hearing  the  board  finds  that  the  property  has  been  over- 
rated, and  that  the  complainant  has  complied  with  all 
applicable  provisions  of  law,  it  shall  make  a  reasonable 
abatement  and  an  order  as  to  costs;  provided,  that  no 
appeal  may  be  taken  under  this  section  with  respect  to  a 
tax  on  propert}^  in  Revere  or  Winthrop.  Whenever  a  board 
of  assessors,  before  which  an  application  in  writing  for  the 
abatement  of  a  tax  is  or  shall  be  pending,  fails  to  act  upon 


Acts,  1945.  —  Chap.  621.  655 

said  application,  except  with  the  written  consent  of  the 
appHcant,  prior  to  the  expiration  of  three  months  from  the 
date  of  filing  of  such  application  it  shall  then  be  deemed  to 
be  denied  and  the  assessors  shall  have  no  further  authority 
to  act  thereon;  provided,  that  during  the  period  allowed  for 
the  taking  of  an  appeal  the  assessors  may  by  agreement 
with  the  applicant  abate  the  tax  in  whole  or  in  part  in  final 
settlement  of  said  application,  and  shall  also  have  the  au- 
thority granted  to  them  by  section  seven  of  chapter  fifty- 
eight  A  to  abate,  in  whole  or  in  part,  any  tax  as  to  which  an 
appeal  has  been  seasonably  taken.  If  the  list  of  personal 
property  required  to  be  brought  in  to  the  assessors  was  not 
brought  in  within  the  time  specified  in  the  notice  required 
by  section  twenty-nine,  no  tax  upon  personal  property  shall 
be  abated  unless  the  board  appealed  to  finds  good  cause  for 
this  delay  or  unless  the  assessors  have  so  found  as  provided 
in  section  sixty-one,  or  unless  such  tax  exceeds  by  fifty  per 
cent  the  amount  which  would  have  been  assessed  on  such 
estate,  if  the  list  had  been  seasonably  brought  in,  and  in 
such  case  only  the  excess  over  such  fifty  per  cent  shall  be 
abated.  A  tax  or  assessment  upon  real  estate  may  be  abated 
although  no  list  of  property  was  brought  in  within  the  time 
specified  by  the  notice  required  by  section  twenty-nine; 
provided,  that  the  application  for  an  abatement  of  such  tax 
or  assessment  included  a  sufficient  description  of  the  par- 
ticular real  estate  as  to  which  an  abatement  is  requested. 

Section  6.     Section  sixty-five  of  said  chapter  fifty-nine,  g.  l.  (Xer. 
as  most  recently  amended  by  section  seven  of  said  chapter  5^65,' efc'.. 
thirty-one,  is  hereby  further  amended  by  striking  out  the  amended. 
first  sentence  and  inserting  in  place  thereof  the  following 
sentence :  —  A  person  aggrieved  as  aforesaid  with  respect 
to  a  tax  on  property  in  any  municipality  may,  subject  to  the 
same  conditions  provided  for  an  appeal  under  section  sixty- 
four,  appeal  to  the  appellate  tax  board  by  filing  a  petition 
with  such  board  within  three  months  after  receiving  the 
notice    provided    in    section    sixty-three,    or    within    three 
months  after  the  time  when  the  application  for  abatement  is 
deemed  to  be  denied  as  provided  in  section  sixty-four,  — 
so  as  to  read  as  follows :  —  Section  65.    A  person  aggrieved  appeltite* tax 
as  aforesaid  with  respect  to  a  tax  on  property  in  any  mu-  board. 
nicipality  may,  subject  to  the  same  conditions  provided  for 
an  appeal  under  section  sixty-four,  appeal  to  the  appellate 
tax  board  by  filing  a  petition  with  such  board  within  three 
months  after  receiving  the  notice  provided  in  section  sixty-  Proceedings, 
three,  or  within  three  months  after  the  time  when  the  appli- 
cation for  abatement  is  deemed  to  be  denied  as  provided  in 
section  sixty-four.     Such  appeal  shall  be  heard  and  deter- 
mined by  said  board  in  the  manner  provided  by  chapter 
fifty-eight  A.     The  board  may  enter  such  order  as  justice 
may  require  in  the  manner  provided  in  the  preceding  sec- 
tion with  respect  to  complaints  removed  from  the  county 
commissioners.     The  remedy  provided  by  this  section  shall 
be  in  the  alternative  for  that  provided  by  section  sixty- 


656 


Acts,  1945. —  Chap.  621. 


G.  L.  (Ter. 
Ed.).  59. 
§  65B,  etc., 
amended. 


Petition  for 
Jsave  to  file 
appeal  by 
persons  unable 
to  pay  balance 
of  tax. 


four  in  case  of  a  tax  on  property  in  any  municipality  other 
than  Revere  or  Winthrop. 

Section  7.  Said  chapter  fifty-nine  is  hereby  further 
amended  by  striking  out  section  sixty-five  B,  inserted  by 
section  three  of  chapter  four  hundred  and  seventy-eight  of 
the  acts  of  nineteen  hundred  and  thirty-eight,  and  inserting 
in  place  thereof  the  following  section:  —  Section  65B.  A 
person  aggrieved  by  the  refusal  of  assessors  to  abate  a  tax 
of  more  than  one  thousand  dollars  on  a  parcel  of  real  estate, 
on  account  of  which  tax  there  has  been  paid  either  a  sum  not 
less  than  one  half  of  the  amount  of  such  tax  or  a  sum  not 
less  than  one  half  of  the  amount  which  would  be  assessable 
in  the  year  of  assessment  upon  a  valuation  equal  to  the 
average  of  the  valuations  of  said  parcel,  as  reduced  by 
reason  of  abatements,  if  any,  for  the  three  years  next  pre- 
ceding said  year,  who  claims  to  be  unable  presently  to  pay 
the  amount  of  tax  remaining  unpaid,  may,  within  three 
months  after  receipt  of  the  notice  provided  in  section  sixty- 
three,  or  within  three  months  after  the  time  when  the  ap- 
plication for  abatement  is  deemed  to  be  denied  as  provided 
in  section  sLxty-four,  petition  the  appellate  tax  board  for 
leave  to  file  an  appeal  therefrom  to  said  board.  Such  peti- 
tion shall  allege  that  the  petitioner  is  unable  presently  to 
pay  such  amount  of  tax,  and  that,  except  for  failure  to 
comply  with  the  provision  of  section  sixty-four  relative  to 
payment  of  such  tax,  the  petitioner  is  entitled  to  an  appeal 
under  section  sixty-five,  and  shall  be  filed  with  the  clerk  of 
the  appellate  tax  board.  A  notice  of  the  filing  of  such  peti- 
tion shall  be  given  by  said  clerk  to  the  appropriate  assessors 
within  five  daj^s  from  the  date  of  the  filing  of  such  petition, 
in  such  form  and  in  such  manner  as  the  appellate  tax  board 
shall  by  rule  provide,  and  a  hearing,  due  notice  of  which 
shall  have  been  given,  shall  be  had  on  such  petition  not 
later  than  twenty  days  from  the  date  of  the  filing  thereof. 
Such  petition  shall  be  heard  by  a  single  member  of  said 
board.  If  such  member  finds  the  allegations  in  such  peti- 
tion to  be  true,  he  may,  by  order,  grant  leave  to  such  peti- 
tioner to  file  such  appeal,  within  ten  days  from  the  entry  of 
said  order,  upon  such  conditions  as  may  be  imposed  therein, 
which  may  require  such  petitioner  to  pay,  in  whole  or  by 
installments,  the  amount  of  the  tax  remaining  unpaid,  as  a 
prerequisite  to  any  hearing  on  the  merits  of  the  appeal  filed 
under  said  order.  If  the  complainant  fails  to  comply  with 
any  of  the  conditions  imposed  in  said  order  an  appeal  filed 
thereunder  may,  upon  motion,  be  dismissed  by  any  mem- 
ber of  said  board.  If  the  complainant  complies  with  the 
conditions  imposed  in  said  order  the  appeal  filed  thereunder 
shall  thereafter  be  heard  and  determined  by  said  board  in 
the  manner  provided  by  chapter  fifty-eight  A.  The  board 
may  enter  such  order  as  justice  may  re(]uire  in  the  maimer 
provided  in  section  sixty-four  with  respect  to  complaints 
removed  from  the  county  commissioners. 

Approved  July  17,  lO^S. 


Acts,  1945.   -  Chaps.  022,  G23.  657 


An  Act  authorizing  the  payment  by  the  commonwealth  Cha7).Q22 

TO    the    CONNERS    BROS.    COMPANY    OF   A    CERTAIN    SUM    OF 
MONEY    IN    settlement   OF   A    CI^IM. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  discharging  the  moral 
obligation  of  the  commonwealth  in  the  premises,  and  after 
an  appropriation  has  been  made  therefor,  there  shall  be  al- 
lowed and  paid  out  of  the  treasury  of  the  commonwealth  to 
The  Conners  Bros.  Company,  a  Maine  corporation,  the  sum 
of  forty-eight  hundred  dollars  in  full  settlement  of  its  claims 
arising  out  of  a  certain  contract  it  had  with  tiie  Suffolk 
County  Courthouse  Commission. 

Section  2.  The  city  of  Boston  is  herebj^  authorized  to 
pay  to  the  commonwealth,  upon  certification  by  tlie  treas- 
urer thereof,  its  proportion  of  the  amount  herein  authorized 
as  and  in  the  manner  provided  by  section  four  of  chapter  five 
hundred  and  thirty-four  of  the  acts  of  nineteen  hundred  and 
six,  as  amended.  No  payment  shall  be  made  by  the  com- 
monwealth under  this  act  until  it  has  received  said  propor- 
tionate payment  from  said  city.  No  payment  shall  be  made 
hereunder  until  there  shall  have  been  filed  with  the  comp- 
troller an  agreement,  signed  by  said  The  Conners  Bros. 
Company,  that  the  amount,  if  any,  paid  or  to  be  paid  for 
legal  services  rendered  in  connection  with  the  passage  of  this 
act  shall  not  exceed  ten  per  cent  of  the  sum  paid  or  pa3^able 
hereunder. 

Section  3.  This  act  shall  take  full  effect  upon  its  accept- 
ance during  the  current  year  by  vote  of  the  city  council  of 
said  cit}^,  subject  to  the  provisions  of  its  charter,  but  not 
otherwise.  Approved  July  17,  191^5. 


An  Act  to  encourage  the  rehabilitation  and  employ-  Qfidj)  Q23 

MENT  OF  INJURED  WAR  VETERANS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  twenty-six  of  chapter  one  hundred  Ed^'iM"^' 
and  fifty-two  of  the  General  Laws,  as  most  recently  amended  §  26.' etc.," 
by  section  eight  of  chapter  five  hundred  and  twenty-nine  of  '*"'^" 
the  acts  of  nineteen  hundred  and  forty-three,  is  hereby  fur- 
ther amended  by  adding  at  the  end  the  following  para- 
graph :  — 

If  an  employee  is  injured  by  reason  of  such  physical  activ-  Payment  to 
ities  of  fellow  employees  and  the  department  finds  that  such  f^^edTt 
activities  are  traceable  solely  and  directly  to  a  physical  or  g^p^^j!^'"'* 
mental  condition  resulting  from  the  service  of  any  of  such 
fellow  employees  in  the  armed  forces  of  the  United  States, 
the  entire  amount  of  compensation  that  may  be  found  due 
shall  be  paid  by  the  state  treasurer,  upon  order  of  the  de- 
partment, from  the  fund  established  by  section  sixty-five  N. 
There  shall  be  no  appeal  by  the  commonwealth  from  such  an 
order  of  the  department. 


658 


Ao'iis,  1945. —  Chap.  623. 


G.  L.  (Ter. 
Ed.),  152,  ' 
new  §  37 A, 
added. 
Payment  to 
certain  war 
veterans. 


G.  L.  (Ter. 
Ed.).  152, 
§  46,  etc., 
amended. 


Waiver  of 
rights  to 
compensation 
regulated. 


G.  L.  (Ter. 
Ed.).  152. 
new  §  65N, 
added. 


Payment  to 
state  treasury 
in  certain 
death  cases. 


Section  2.  Said  chapter  one  hundred  and  fifty-two  is 
hereby  further  amended  by  inserting  after  section  thirty- 
seven  the  following  section :  —  Section  37 A .  Any  employee 
who  is  a  war  veteran  and  disabled  as  the  result  of  his  military 
or  naval  service  and  has  been  certified  as  such  by  the  United 
States  Veterans  Administration  and  who,  in  the  course  of 
and  arising  out  of  his  employment,  receives  a  personal  in- 
jury which  is  aggravated  or  prolonged  by  such  disability  for 
which  he  is  receiving  compensation  from  said  administra- 
tion, shall  receive  the  compensation  provided  by  this  chap- 
ter, or  said  compensation  shall  be  paid  to  his  dependents,  if 
death  results  from  the  injury.  Such  compensation  shall  be 
paid  by  the  insurer  or  self-insurer,  who  shall  be  reimbursed 
for  fifty  per  cent  thereof  by  the  state  treasurer  from  the  fund 
established  by  section  sixt3''-five  N.  In  the  event  that  said 
fund  becomes  exhausted,  the  state  treasurer  shall  make  such 
payments  from  the  general  fund  without  appropriation. 

Section  2A.  Section  forty-six  of  said  chapter  one  hun- 
dred and  fifty-two,  as  amended  by  chapter  three  hundred 
and  seventy-eight  of  the  acts  of  nineteen  hundi'ed  and  forty- 
one,  is  hereby  further  amended  by  inserting  after  the  word 
''employee"  in  the  second  and  third  hues  the  following:  — 
,  except  a  person  who  is  a  war  veteran  and  disabled  as  a 
result  of  his  military  or  naval  service  and  has  been  certified 
as  such  by  the  United  States  Veterans  Administration,  — 
so  as  to  read  as  follows:  —  Section  46.  No  agreement  by 
any  employee  to  waive  his  rights  to  compensation  shall  be 
valid,  but  an  employee,  except  a  person  who  is  a  war  vet- 
eran and  disabled  as  a  result  of  his  military  or  naval  service 
and  has  been  certified  as  such  by  the  United  States  Veterans 
Administration,  who  is  for  any  reason  peculiarly  susceptible 
to  injury  or  who  is  peculiarly  likely  to  become  permanently 
or  totally  incapacitated  by  an  injury  may,  at  the  discretion 
of  the  department  and  with  its  written  approval  within  three 
months  after  the  beginning  of  his  employment,  waive  his 
rights  to  compensation  under  sections  thirty-four,  thirty- 
five  and  thirty-six,  or  any  of  them. 

Section  3.  Said  chapter  one  hundred  and  fifty-two  is 
hereby  further  amended  by  inserting  after  section  sixty- 
five  M,  inserted  by  chapter  four  hundred  and  eighty-nine  of 
the  acts  of  nineteen  hundred  and  thirty-nine,  the  following 
section :  —  Section  65N .  For  every  case  of  personal  injury 
resulting  in  death  covered  by  this  chapter,  the  insurer  or 
self-insurer  shall  pay  into  the  state  treasury  two  hundred 
and  fifty  dollars,  such  payment  to  be  made  in  all  cases  regard- 
less of  whether  the  employee's  dependents  or  personal  repre- 
sentatives conunence  action  against  a  third  party  under  sec- 
tion fifteen.  Such  payments  shall  constitute  a  special  fund 
in  the  custody  of  the  state  treasurer,  who  shall  make  pay- 
ments therefrom,  upon  the  written  order  of  the  department, 
for  the  purposes  set  forth  in  sections  twenty-six  and  thirty- 
seven  A.  Approved  July  17,  1945. 


Acts,  1945.  —  Chap.  624.  659 


An  Act  amending  certain  provisions  of  law  relating  (Jj^j)  524 
TO  taxes,  notification  of  assessors  of  estimates  by 

THE     COMMISSIONER     OF     CORPORATIONS     AND     TAXATION, 
AND  THE  MAKING  AND   DESTRUCTION   OF  RETURNS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  eighteen  of  chapter  fifty-eight  of  gj^-^J*"'- 
the  General  Laws,  as  most  recently  amended  by  section  §  is,' etc., 
sixteen  of  chapter  four  hundred  and  fifty-one  of  the  acts  of  '^'"^"'^^'^• 
nineteen  hundred  and  thirty-nine,  is  hereby  further  amended 
by  striking  out  in  the  seventeenth  and  eighteenth  lines  the 
words  "a  sufficient  sum  to  be  distributed  under  Part  I 
of"  and  inserting  in  place  thereof  the  following: — such 
amount  as  is  to  be  taken  from  the  proceeds  of  the  income 
tax  under,  —  so  as  to  read  as  follows:  —  Section  18.  Ex-  Distribution 
cept  as  provided  in  section  seven  A  of  chapter  sixty-two,  tlx""*""^ 
the  state  treasurer  shall,  on  or  before  April  fifteenth  in  each 
year,  distribute  the  amounts  of  taxes  on  incomes  under 
chapter  sixty-two  theretofore  collected  by  the  common- 
wealth to  the  several  cities  and  towns  in  proportion  to  the 
amounts  of  the  last  preceding  state  tax  imposed  upon  them, 
and  shall,  on  or  before  November  twentieth  in  the  same  year, 
distribute  to  such  cities  and  towns  in  the  same  proportion 
the  balance  of  such  taxes  collected  after  said  April  fifteenth, 
after  deducting  a  sum  sufficient  to  reimburse  the  common- 
wealth for  the  expenses  incurred  in  the  collection  and  dis- 
tribution of  said  income  taxes  and  for  such  of  said  taxes  as 
have  been  refunded  under  said  chapter  sixty-two  or  section 
twenty-seven  of  this  chapter  during  said  year,  together 
with  any  interest  or  costs  paid  on  account  of  refunds,  which 
shall  be  retained  by  the  commonwealth,  and  after  deducting 
also  such  amount  as  is  to  be  taken  from  the  proceeds  of  the 
income  tax  under  chapter  seventy. 

Section  2.     Section  twenty  of  said  chapter  fifty-eight,  e^^^'-^J'^'- 
as  most  recently  amended  by  section  one  of  chapter  six  §  20,'  etc'., 
hundred  and  fifty-six  of  the  acts  of  nineteen  hundred  and  ^"^^'^'^^'^■ 
forty-one,  is  hereby  further  amended  by  inserting  after  the 
word  "taxes"  in  the  second  line  the  following:  —  ,  with  any 
interest  thereon,  —  so  that  the  introductory  paragraph  of 
said  section  will  read  as  follows :  —  From  the  total  taxes,  Distribution 
with  any  interest  thereon,  paid  in  any  period  of  twelve  corporation 
months  beginning  December  first  of  any  year  and  ending  taxes. 
November  thirtieth  of  the  next  succeeding  year  by  domes- 
tic business  and  domestic  manufacturing  corporations  and 
foreign  manufacturing  and  other  foreign  corporations  under 
sections  thirty  to  fifty-one,  inclusive,  of  chapter  sixty-three 
there  shall  be  deducted  such  taxes  paid  under  said  sections 
as  have  been  refunded  under  said  chapter  or  section  twenty- 
seven  of  this  chapter  during  said  period,  together  with  any 
interest  or  costs  paid  such  corporations  on  account  of  re- 
funds.    The  balance  shall  be  disposed  of  in  the  following 
manner  and  in  the  order  named : 


660 


Acts,  1945.  —  Chap.  624. 


G.  L.  (Ter. 
Ed.).  58. 
§  24A,  etc.. 
amended. 


Distribution 
of  interest  on 
certain  corpora- 
tion taxes. 


G.  L.  (Ter. 
Ed.),  58, 
§  25,  etc., 
amended. 


Amounts  due 
to  cities  and 
towns. 


Partial  dis- 
tribution to 
cities  and 
towns. 


G.  L.  (Ter. 
Ed.),  58, 
§  25A,  etc., 
amended. 


Annual 
estimates  of 
returns  to 
cities  and 
towns. 


G.  L.  (Ter. 
Ed.),  58,  §  30, 
amended. 


Commissioner 
may  destroy 
returns,  etc. 


Section  3.  Section  twenty-four  A  of  said  chapter  fifty- 
eight,  as  amended  by  section  two  of  chapter  three  hundred 
and  twenty-three  of  the  acts  of  nineteen  hundred  and 
thirty-four,  is  hereby  further  amended  by  striking  out,  in 
the  third  and  fourth  lines,  the  words  "sections  twenty 
and"  and  inserting  in  place  thereof  the  word:  —  section,  — 
so  that  the  first  sentence  will  read  as  follows:  —  Interest 
received  under  section  seventy  of  chapter  sixty-three  by 
the  commonwealth  on  overdue  taxes  distributable  under 
the  provisions  of  section  twenty-four  shall  be  distributed, 
credited  and  paid  to  the  several  towns  in  the  same  manner 
and  proportions  as  the  principal  of  such  taxes  is  distributed, 
credited  and  paid. 

Section  4.  Said  chapter  fifty-eight  is  hereby  further 
amended  by  striking  out  section  twenty-five,  as  most  re- 
cently amended  by  section  eleven  of  chapter  seven  hundred 
and  twenty-nine  of  the  acts  of  nineteen  hundred  and  forty- 
one,  and  inserting  in  place  thereof  the  following  section:  — 
Section  25.  The  commissioner  shall  ascertain  and  deter- 
mine the  amount  due  to  each  town  under  sections  twenty, 
twenty-four  and  twenty-four  A  of  this  chapter  and  the 
amount  distributable  under  section  ten  of  chapter  sixty- 
four  B,  notify  the  treasurer  of  each  town  thereof,  and  certify 
the  amount  as  determined  to  the  state  treasurer,  who  shall 
thereupon  pay  the  same.  The  commissioner  in  his  discre- 
tion may  from  time  to  time  within  the  twelve  month  period 
prescribed  in  section  twenty  make  partial  distributions  of 
taxes  paid  therein  and  distributable  under  the  provisions  of 
said  section  twenty,  withholding  such  sums  as  may  to  him 
seem  proper  to  provide  for  refunds  and  abatements.  Any 
decision  made  by  the  commissioner  under  section  twenty- 
four  or  twenty-four  A  shall  be  subject  to  appeal  to  the 
appellate  tax  board  within  thirty  days  after  receiving  notice 
of  such  decision. 

Section  5.  Section  twenty-five  A  of  said  chapter  fifty- 
eight,  as  most  recently  amended  by  section  four  of  chapter 
three  hundred  and  twenty-three  of  the  acts  of  nineteen 
hundred  and  thirty-four,  is  hereby  further  amended  by 
striking  out  the  first  sentence  and  inserting  in  place  thereof 
the  following  sentence :  —  Annually  on  or  before  May  first 
the  commissioner  shall,  upon  the  basis  of  the  information 
then  in  his  possession,  estimate  the  amount  each  town  is  to 
receive  under  sections  seventeen,  eighteen,  twenty,  twenty- 
four  and  twenty-four  A  of  this  chapter  and  the  amount 
each  town  is  to  receive  of  the  one  third  of  the  sums  received 
under  chapter  sixty-four  B  and  distributable  under  section 
ten  of  said  chapter  and  shall  notify  the  assessors  of  such 
town  thereof. 

Section  6.  Said  chapter  fifty-eiglit  is  hereby  further 
amended  by  striking  out  section  thirty,  as  appearing  in  the 
Tercentenary  Edition,  and  inserting  in  place  thereof  the 
following  section :  —  Section  30.  The  commissioner  may, 
after  the  lapse  of  three  years  from  the  date  of  their  receipt, 


Acts,  1945.  —  Chap.  625.  661 

destroy  copies,  returns  and  statements  made  under  sections 
forty-nine,  eighty-three  and  eightj^-six  of  chapter  fifty-nine, 
returns  and  copies  made  under  sections  three,  thirteen, 
seventeen,  twenty,  twenty-five,  thirty-five,  forty,  fifty- 
three  and  fifty-four  of  chapter  sixty-three  and  any  other 
returns  made  for  the  purposes  of  taxation  whether  made 
under  provisions  of  general  laws  or  acts  temporarily  in  effect. 

Section  7.     Section  twenty-one  of  chapter  fifty-nine  of  gj^g^J'"'- 
the  General  Laws,  as  most  recently  amended  by  section  §21,' etc'., 
two  of  chapter  three  hundred  and  seventy-six  of  the  acts  of  '^"'^nded. 
nineteen  hundred  and  thirty-six,  is  hereby  further  amended 
by  striking  out,  in  the  eleventh  line,  the  word  "March" 
and  inserting  in  place  thereof  the  word :  —  May,  —  so  that 
the  second  sentence  will  read  as  follows :  —  If  at  the  time  Duties  of 
of  fixing  the  tax  rate  in  any  year  the  warrant  for  the  state  assessors. 
tax  for  such  year  has  not  been  received  or  the  county  tax 
for  such  year  has  not  been  certified,  the   assessors  may 
nevertheless  fix  the  tax  rate  for  such  year  and  shall  in  such 
event  assess  in  such  year  such  state  and  county  taxes  as 
estimated  in  advance  by  the  commissioner,  who  shall  notify 
the  assessors  of  his  estimates  on  or  before  May  first  of  such 
year.  Approved  July  17,  1945. 

An  Act  removing  certain  requirements  as  to  the  pay-  Cha'p.625 

MENT  OF  benefits  UNDER  THE  EMPLOYMENT  SECURITY 
LAW  TO  PERSONS  UPON  TERMINATION  OF  MILITARY  OR 
NAVAL  SERVICE,  EXEMPTING  ALL  BENEFITS  UNDER  SAID 
LAW  FROM  THE  STATE  INCOME  TAX  LAW,  AND  PROVIDING 
THAT  NO  WAITING  PERIOD  SHALL  BE  SERVED  NOR  BENE- 
FITS PAID  UNDER  SAID  LAW  SHORTLY  BEFORE  CONFINE- 
MENT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Section  one  of  chapter  seven  hundred  and  one  1941.  701.  §  1, 
of  the  acts  of  nineteen  hundred  and  forty-one,  as  amended,  ^^^^  amended, 
is  hereby  further  amended  by  striking  out  all  after  the  word 
"termination"  in  the  thirteenth  line  down  to  and  including 
the  word  "employment"  in  the  twenty-fifth  line. 

Section  2,    Section  twenty-two  of  chapter  one  hundred  ^j^"-  [J^^^ 
and  fifty-one  A  of  the  General  Laws,  as  appearing  in  section  §  22,' etc.,  ' 
one  of  chapter  six  hundred  and  eighty-five  of  the  acts  of  '""*''* 
nineteen  hundred  and  forty-one,  is  hereby  amended  by  add- 
ing at  the  end  the  following  sentence :  —  Such  benefits  shall  ^^  "f^'^^^^^ie 
not  be  taxable  under  any  provision  of  chapter  sixty-two. 

Section  3.    Section  twenty-seven  of  said  chapter  one  hun-  g.  l.  (Ter. 
dred  and  fifty-one  A,  as  so  appearing,  is  hereby  amended  by  §^27,'  et^c^,^' 
striking  out,  in  the  fifth  line,  the  word  "two"  and  inserting  amended, 
in  place  thereof  the  word :  —  four,  —  so  as  to  read  as  follows : 
—  Section  27 .     No  waiting  period  may  be  served  and  no  Pregnancy, 
benefits  shall  be  paid  for  the  period  of  unemployment  next 
ensuing  after  an  individual  has  become  unavailable  for  work 
because  of  pregnancy;    provided,  that  in  no  event  shall  a 
waiting  period  be  served  or  benefits  paid  for  the  four  weeks 


662 


Acts,  1945. —  Chap.  626. 


G.  L.  (Ter. 
Ed.),  62,  § 
amended. 


Benefits, 
defined. 


prior  to  or  the  four  weeks  next  ensuing  after  the  date  of 
birth  of  the  child. 

Section  4.  Section  eight  of  chapter  sixty-two  of  the 
General  Laws,  as  appearing  in  the  Tercentenary  Edition,  is 
hereby  amended  by  adding  at  the  end  the  following  para- 
graph :  — 

(h)  Benefits.  —  Benefits  as  defined  in  section  one  of  chap- 
ter one  hundred  and  fifty-one  A,  or  similar  payments  made 
with  respect  to  the  unemployment  of  persons  under  any  act 
of  congress.  Approved  July  17,  1945. 


G.  L.  (Ter. 
Ed.),  143, 
new  §§  71A, 
71B  and  71C, 
added. 
License 
required. 


Examinations 
for  license. 


C/iap. 626  An  Act  providing  for  the  licensing  of  persons  en- 
gaged IN  the  construction  and  maintenance  of  ele- 
vators AND  ESCALATORS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  one  hundred  and  forty-three  of  the 
General  Laws  is  hereby  amended  by  inserting  after  section 
seventy-one  the  three  following  sections:  —  Section  71  A.  No 
person  shall  work  as  a  constructor,  maintenance  man  or  re- 
pairman in  the  construction  and  maintenance  of  electric  or 
hydraulic  elevators  or  of  escalators  unless  such  person  shall 
have  received  a  license  therefor  from  the  commissioner  of 
public  safety,  in  this  section  and  in  section  seventy-one  B 
called  the  commissioner. 

Section  71 B.  The  commissioner  shall  hold  frequent  ex- 
aminations in  the  cities  of  Boston,  Worcester  and  Spring- 
field each  year  and  shall  hold  annual  or  occasional  examina- 
tions in  other  places  in  the  commonwealth.  Public  notice 
of  all  examinations  to  be  held  shall  be  given  at  least  thirty 
days  prior  to  the  date  thereof.  Each  applicant  for  a  license 
who  shall  furnish  the  commissioner  with  satisfactory  proof 
that  he  has  worked  as  an  elevator  constructor,  maintenance 
man  or  repairman  as  an  apprentice  under  direct  and  imme- 
diate supervision  for  not  less  than  five  years  shall  be  entitled 
to  be  examined,  and  if  found  by  the  commissioner  to  be 
qualified  and  competent  shall  be  granted  a  license.  Licenses 
shall  be  issued  for  one  year  and  they  shall  be  valid  through- 
out the  commonwealth,  but  shall  not  be  assignable  or  trans- 
ferable. The  fee  for  the  first  license  shall  be  five  dollars,  and 
for  each  renewal  thereof  the  fee  shall  be  one  dollar  if  renewed 
within  thirty  days  after  the  date  of  expiration,  otherwise  the 
renewal  fee  shall  be  five  dollars. 

Section  71C.  Whoever  works  as  a  constructor,  mainte- 
nance man  or  repairman  in  the  construction  or  maintenance 
of  electric  or  hydraulic  elevators  or  of  escalators  without  be- 
ing licensed  under  section  seventy-one  B  shall  be  punished 
by  a  fine  of  not  less  than  fifty  nor  more  than  three  hundred 
dollars,  or  by  imprisonment  for  not  more  than  six  months. 

Section  2.  Any  person  who  shall  furnish  the  commis- 
sioner of  public  safety  with  satisfactory  proof  that  he  has 
worked  as  an  elevator  constructor,  maintenance  man  or  re- 
pairman without  direct  and  immediate  supervision  for  not 


Fee. 


Penalty. 


Certain 
persons 
exempt  from 
examination. 


Acts,  1945. —  Chaps.  627,  628.  663 

less  than  five  j^ears  immediately  prior  to  the  effective  date 
of  this  act  shall,  upon  making  application  for  a  license  and 
paying  the  license  fee  of  five  dollars,  be  entitled  to  receive  a 
license  without  examination.  Approved  July  17,  1945. 


An  Act  relative  to  the  exemption  of  certain  war  vet-  Cha'n.Q27 

ERANS  AND  THEIR   SURVIVING  SPOUSES   FROM  TAXATION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Paragraph  (a)  of  clause  Twenty-second  of  EdV'sJTs 
section  five  of  chapter  fifty-nine  of  the  General  Laws,  as  amended, 
appearing  in  the  Tercentenary  Edition,  is  hereby  amended 
by  striking  out,  in  the  third  line,  the  words  "the  world  war" 
and  inserting  in  place  thereof  the  words :  —  World  War  I  or 
World  War  II,  —  so  as  to  read  as  follows:  — 

(a)  Soldiers  and  sailors,  who  served  in  the  military  or  Property  up 
naval  service  of  the  United  States  in  the  war  of  the  rebellion,  sancTdo^h^r"' 
in  the  Spanish  war,  in  the  Philippine  insurrection  or  in  World  °|asses*oF 
War  I  or  World  War  II,  and  were  honorably  discharged  or  veterans, 
honorably  released  therefrom,  and,  by  reason  of  injury  re-  anTwTdows, 
ceived  or  disease  contracted  while  in  such  service  and  in  the  taxatfon  "^"^ 
line  of  duty,  lost  the  sight  of  both  eyes,  or  of  one  eye,  the 
sight  of  the  other  having  been  previously  lost,  or  who  lost 
one  or  both  feet,  or  one  or  both  hands. 

Section  2.  Section  one  of  chapter  four  hundred  and 
twelve  of  the  acts  of  nineteen  hundred  and  forty-three  is 
hereby  amended  by  adding  at  the  end  the  following  para- 
graph :  — 

In  case  of  the  death  of  any  person  entitled  to  the  benefits 
of  this  act,  the  surviving  spouse  shall  have  all  the  rights 
hereunder  which  he  or  she  would  have  had  except  for  such 
decease  so  long  as  said  surviving  spouse  occupies  such  real 
estate,  in  whole  or  in  part,  as  his  or  her  home,  but  in  no 
event  for  a  period  later  than  the  year  during  which  such 
existing  states  of  war  are  terminated. 

Approved  July  17,  1945. 


An  Act  granting  the  consent  of  the  commonwealth 
to  the  acquisition  by  the  united  states  of  america 
of  certain  lands  for  use  as  military  reservations 
and    granting    and    ceding   jurisdiction    over    such 

LANDS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Subject  to  the  conditions  hereinafter  im- 
posed, the  consent  of  the  commonwealth  is  hereby  granted 
to  the  acquisition  by  the  United  States  of  America  of  the 
following  described  parcels  of  land  for  use  by  the  War  De- 
partment as  military  reservations. 

1.  All  that  certain  piece  or  parcel  of  land  located  on  the 
easterly  side  of  the  Concord  river,  situated  in  the  city  of 
Lowell,  and  the  towns  of  Tewksbury  and  Billerica,  used  in 


Chap.62S 


664  Acts,  1945. —  Chap.  628. 

connection  with  a  military  reservation  known  as  Lowell 
Ordnance  Plant  No.  2,  and  bounded  and  described  as 
follows :  — 

Beginning  at  a  concrete  bound  on  the  westerly  side  line 
of  the  Boston  and  Maine  railroad  right-of-way,  said  bound 
being  on  the  northerly  boundary  line  of  land  now  or  formerly 
of  the  Lowell  Rendering  Company;  thence  south  77°  25' 
26.5"  west  along  land  of  said  Lowell  Rendering  Company 
2,137.0  feet,  more  or  less,  to  a  point  on  the  easterly  shore  of 
the  Concord  river;  thence  in  a  general  northerly  direction 
along  the  easterly  shore  of  said  Concord  river  4,300  feet, 
more  or  less,  to  a  point  on  the  southwesterly  side  line  of  said 
Boston  and  Maine  railroad  right-of-way;  thence  by  said 
railroad  right-of-way  by  the  following  courses  and  distances: 
south  55°  18'  03.5"  east  100  feet,  inore  or  less,  to  a  concrete 
bound,  south  55°  18'  03.5"  east  300.00  feet,  more  or  less  to  a 
concrete  bound,  southeasterly  by  a  curve  deflecting  to  the 
right  and  having  a  radius  of  3,616.61  feet  a  distance  of 
1,028.45  feet,  more  or  less,  south  76°  56'  33.5"  east  49.64 
feet,  more  or  less,  southeasterly  by  a  curve  deflecting  to  the 
right  and  having  a  radius  of  3,647.11  feet  a  distance  of 
1,085.0  feet,  more  or  less,  south  35°  10'  56.5"  west  50.5  feet, 
more  or  less,  south  40°  15'  33.5"  east  150.0  feet,  more  or  less, 
south  15°  50'  33.5"  east  507.1  feet,  more  or  less,  to  a  concrete 
bound,  south  82°  03'  11.5"  west  44.17  feet,  more  or  less,  to  a 
concrete  bound,  south  15°  50'  33.5"  east  828.79  feet,  more 
or  less,  to  a  concrete  bound,  north  84°  35'  26.5"  east  44.49 
feet,  more  or  less,  to  a  concrete  bound,  south  15°  50'  33.5" 
east  216.20  feet,  more  or  less,  to  the  point  of  beginning; 
containing  131.0  acres  of  land,  more  or  less. 

2.  All  that  certain  piece  or  parcel  of  land  located  on  the 
westerly  side  of  Woburn  street,  situated  in  said  town  of 
Tewksbury,  also  used  in  connection  with  a  military  reserva- 
tion known  as  Lowell  Ordnance  Plant  No.  2,  and  bounded 
and  described  as  follows:  — 

Beginning  at  a  stone  bound  on  the  westerly  side  line  of 
Woburn  street,  said  bound  being  357.5  feet,  more  or  less, 
southerly  along  said  side  line  of  Woburn  street  from  the 
Lowell-Tewksbury  town  line;  thence  south  15°  40'  33.5" 
east  along  said  westerly  side  line  of  Woburn  street  1,233.0 
feet,  more  or  less,  to  a  concrete  bound;  thence  south  81° 
58'  56.5"  west  a  distance  of  376.53  feet,  more  or  less,  to  a 
concrete  bound  on  the  eastorlj^  side  line  of  said  Boston  and 
Maine  railroad;  thence  north  15°  50'  33.5"  west  along  said 
railroad  right-of-waj^  1,182.94  feet,  more  or  less,  to  a  con- 
crete bound;  thence  north  74°  20'  26.5"  east  a  distance  of 
376.59  feet,  more  or  less,  to  the  point  of  beginning;  con- 
taining 10.39  acres  of  land,  more  or  less. 

3.  All  that  certain  piece  or  parcel  of  land  located  on  the 
southerly  side  of  Arsenal  street,  situated  in  the  town  of 
Watertown,  used  in  connection  with  a  military  reservation 
oflficially  designated  Watertown  Arsenal,  and  bounded  and 
described  as  follow? :  — 


Acts,  1945.  —  Chap.  628.  665 

Beginning  at  a  point  at  the  intersection  of  the  easterly- 
side  line  of  School  street  and  the  southerly  side  hne  of  Ar- 
senal street;  thence  southwesterly  along  said  easterly  side 
line  of  School  street  530.80  feet,  more  or  less,  to  the  northerly 
side  line  of  North  Beacon  street;  thence  westerly  along  said 
northerly  side  line  of  North  Beacon  street  643  feet,  more  or 
less,  to  a  point;  thence  northeasterly  along  a  line  forming  an 
interior  angle  of  90°  23'  30"  with  said  North  Beacon  street, 
439.9  feet,  more  or  less,  to  a  point  on  said  southerly  side  line 
of  Arsenal  street;  thence  easterly  along  said  southerly  side 
line  of  Arsenal  street  757  feet,  more  or  less,  to  the  point  of 
beginning;  containing  7.56  acres  of  land,  more  or  less. 

4.  All  that  certain  piece  or  parcel  of  land  located  on  the 
southerly  side  of  Arsenal  street,  situated  in  said  town  of 
Watertown,  used  iii  connection  with  a  military  reservation 
officially  designated  Watertown  Arsenal,  and  bounded  and 
described  as  follows :  — 

Beginning  at  a  point  on  the  southerly  side  line  of  Arsenal 
street,  said  point  being  201.53  feet,  more  or  less,  westerly 
along  said  side  line  from  a  stone  bound  at  the  P.  C.  of  round- 
ing at  Charles  River  road;  thence  southerly  by  a  curve 
deflecting  to  the  right  and  having  a  radius  of  10.0  feet  a  dis- 
tance of  25.78  feet,  more  or  less,  to  a  point;  thence  south- 
westerly by  a  curve  deflectmg  to  the  left  and  having  a  radius 
of  3,207.68  feet  a  distance  of  209.28  feet,  more  or  less,  to  a 
point;  thence  northwesterly  a  distance  of  162.20  feet,  more 
or  less,  to  said  southerly  side  line  of  Arsenal  street;  thence 
easterly  along  said  side  line  of  Arsenal  street  246.69  feet, 
more  or  less,  to  the  point  of  beginning;  containing  0.44  of  an 
acre  of  land,  more  or  less. 

5.  All  that  certain  piece  or  parcel  of  land  located  on 
Peaked  Hill,  situated  in  the  town  of  Chilmark,  and  bounded 
and  described  as  follows :  — 

Beginning  at  a  point  on  the  northerly  side  line  of  Middle 
road,  said  point  being  on  the  northeasterly  boundary  line  of 
land  of  A.  U.  Dilley;  thence  north  44°  30'  00"  west  along 
land  of  said  Dilley  788.5  feet,  more  or  less,  to  land  of  Emma 
V.  Whiting;  thence  along  land  of  said  Whiting  by  the  fol- 
lowing courses  and  distances:  north  34°  04'  00"  west  648 
feet,  more  or  less,  north  55°  56'  00"  east  300  feet,  more  or 
less,  south  34°  04'  00"  east  622.31  feet,  more  or  less,  to 
land  of  Cordeha  W.  Tilton,  et  al.;  thence  south  44°  30'  00" 
east  along  land  of  said  Tilton  974.92  feet,  more  or  less,  to 
said  northerly  side  line  of  Middle  road;  thence  southwest- 
erly along  the  northerly  side  of  said  Middle  road  232  feet, 
more  or  less,  to  a  point;  thence  in  a  general  northwesterly 
direction  along  the  northerly  side  of  said  Middle  road  183 
feet,  more  or  less,  to  the  point  of  beginning;  containing  10.9 
acres  of  land,  more  or  less. 

6.  All  that  certain  piece  or  parcel  of  land  located  on  the 
southwesterly  side  of  Kenney  avenue,  situated  in  the  town 
of  Nahant,  and  bounded  and  described  as  follows: 

Beginning  at  the  intersection  of  the  southwesterly  side 


666  Acts,  1945. —  Chap.  628. 

line  of  Kenney  avenue  and  the  northwesterly  side  line  of 
Surfview  avenue;  thence  south  56°  08'  west  along  side  Surf- 
view  avenue  73.2  feet,  more  or  less,  to  a  corner;  thence  south 
16°  24'  east  along  said  Surfview  avenue  40.0  feet,  more  or 
less,  to  land  of  Ira  E.  Sylvester;  thence  south  71°  48'  west 
along  land  of  said  Sylvester  39.4  feet,  more  or  less,  to  land 
of  Mary  L.  Watts;  thence  north  16°  59'  west  along  land  of 
said  Watts  29.8  feet,  more  or  less,  to  a  corner;  thence  south 
72°  30'  west  along  land  of  said  Watts  69.8  feet,  more  or  less, 
to  a  point  on  the  northeasterly  side  line  of  Breezy  Hill  ter- 
race; thence  north  17°  20'  west  along  the  northeasterly  side 
of  said  Breezy  Hill  terrace  49.7  feet,  more  or  less,  to  a  stone 
bound  at  land  of  Alice  C.  Johnson;  thence  north  72°  30' 
east  along  land  of  said  Johnson  69.8  feet,  more  or  less  to  a 
stone  bound;  thence  north  16°  33'  west  along  land  of  said 
Johnson  89.2  feet,  more  or  less,  to  an  iron  pipe  at  land  of 
Walter  J.  Croft;  thence  north  53°  53'  east  along  land  of 
said  Croft  62.3  feet,  more  or  less,  to  said  southwesterly  side 
line  of  Kenney  avenue;  thence  south  36°  59'  east  along  the 
southwesterly  side  of  said  Kenney  avenue  61.8  feet,  more 
or  less,  to  a  chiseled  cross  on  arch;  thence  south  40°  11'  east 
along  said  Kenney  avenue  74.9  feet,  more  or  less,  to  the  point 
of  beginning;  containing  0.38  of  an  acre  of  land,  more  or 
less. 

7.  All  that  certain  piece  or  parcel  of  land  located  in  that 
portion  of  the  town  of  Truro  known  as  North  Truro,  and 
bounded  and  described  as  follows :  — 

Beginning  at  a  concrete  bound  on  the  northerly  boundary 
line  of  land  of  Margaret  Kenton,  said  bound  being  340  feet, 
more  or  less,  southwesterly  along  said  boundary  line  from 
the  mean  high  water  line  of  the  Atlantic  Ocean;  thence  along 
land  of  said  Kenton  by  the  following  courses  and  distances: 
south  77°  17'  20"  west  406.45  feet,  more  or  less,  south  75° 
39'  10"  west  158.15  feet,  more  or  less,  south  74°  56'  40"  west 
875.92  feet,  more  or  less,  to  land  of  Harry  M.  Aldrich;  thence 
north  15°  03'  20"  west  along  land  of  Aldrich  300  feet,  more 
or  less,  to  a  corner;  thence  north  74°  56'  40"  east  along  land 
of  said  Aldrich  1,805  feet,  more  or  less,  to  said  mean  high 
water  line  of  the  Atlantic  Ocean ;  thence  southeasterly  along 
said  mean  high  water  line  340  feet,  more  or  less,  to  land  of 
said  Kenton;  thence  south  77°  17'  20"  west  along  land  of 
said  Kenton  340  feet,  more  or  less,  to  the  point  of  beginning; 
containing  12.9  acres  of  land,  more  or  less. 

Section  2.  Jurisdiction  over  the  above  described  lands 
is  hereby  granted  and  ceded  to  the  United  States  of  America, 
but  upon  the  express  condition  that  the  commonwealth  shall 
retain  concurrent  jurisdiction  with  the  United  States  of 
America  in  and  over  said  lands,  in  so  far  that  all  civil  proc- 
esses and  such  criminal  processes  as  may  issue  under  the 
authority  of  the  commonwealth  against  any  person  or  per- 
sons charged  with  crimes  committed  without  said  lands  and 
all  processes  for  collection  of  taxes  levied  under  authority  of 
the  laws  of  the  commonwealth,  including  the  service  of  war- 


Acts,  1945.  —  Chaps.  629,  630.  667 

rants,  may  be  executed  thereon  in  the  same  manner  as  though 
this  cession  had  not  been  granted;  provided,  that  the  juris- 
diction in  and  over  the  lands  above  described  shall  revert 
to  and  revest  in  the  commonwealth  iipon  the  expiration  of 
six  months  after  the  termination  of  the  existing  states  of 
war  between  the  United  States  and  certain  foreign  coun- 
tries, or  whenever  such  areas  shall  cease  to  be  used  for  the 
purposes  set  forth  in  section  one  whichever  first  occurs;  and 
provided,  further,  that  any  consent  to  the  acquisition  of,  or 
any  jurisdiction  over,  public  rights  in  navigable  waters  is 
expressly  excluded  from  this  grant  and  that  chapter  ninety- 
one  of  the  General  Laws  shall  apply  to  any  encroachment, 
filling  or  structure  placed  in  the  tide  waters  of  the  common- 
wealth. 

Section  3.  This  act  shall  take  full  effect  as  to  each  piece 
or  parcel  of  land  acquired  under  the  authority  of  section  one 
upon  the  depositing  in  the  office  of  the  state  secretary  be- 
fore December  thirty-first,  nineteen  hundred  and  forty-six, 
of  a  suitable  plan  of  said  parcel,  but  not  otherwise. 

Approved  July  17,  1945. 


Chap.629 


An  Act  to  extend  state-aided  vocational  education 
during  the  period  of  the  war  and  for  five  years 
thereafter. 

Be  it  enacted,  etc.,  as  follows: 

The  restriction  in  the  definition  of  "Evening  class"  in  g.  l.  (Ter. 
section  one  of  chapter  seventy-four  of  the  General  Laws  delinitlony' 
upon  evening  classes  in  independent  industrial  schools  or  ^^^^^^^^ 
independent  distributive  occupations  schools,  according  to  class"  tem- 
which  instruction  in  such  classes  shall  be  given  only  to  mJamid. 
pupils  employed  during  the  day  in  work  to  which  the  in- 
struction so  given  applies,  is  hereby  removed  for  the  period 
of  the  present  states  of  war  between  the  United  States  and 
certain  foreign  countries  and  for  five  years  thereafter,  and 
during  that  time  instruction  in  such  classes  may  be  given 
to  any  pupils  for  whom  such  instruction  would  be  profitable. 

Approved  July  17,  1945. 

An  Act  relative  to  the  classification  of  the  capitol  (Jjku)  g30 

POLICE   UNDER   THE    STATE   RETIREMENT   SYSTEM. 

Be  it  enacted,  etc.,  as  follows: 

The  subparagraph  entitled  "Group  1"  of  paragraph  (14)  %,i\s2^^' 
of  section  two  of  chapter  thirty-two  of  the  General  Laws,  as  §  2'.  etc.,' 
appearing  in  section  one  of  chapter  four  hundred  and  thirty-  *™®°'^^'*- 
nine  of  the  acts  of  nineteen  hundred  and  thirty-eight,  is 
hereby  amended  by  inserting  after  the  word  "farm"  in  the 
sixth  line  the  words :  —  ;   capitol  police,  —  so  as  to  read  as 
follows :  — 

Group  1 .  —  Members  of  the  police  force  of  the  metro-  Group  1, 
poHtan  district  commission;    employees  of  the  department  ^^^^^'^' 
of  correction,  regardless  of  any  ofiicial  classification,  whose 


668 


Acts,  1945.  —  Chaps.  631,  632. 


regular  duties  require  them  to  have  the  care  and  custody 
of  prisoners  including  insane  persons  and  defective  delin- 
quents at  the  state  farm;  capitol  police;  and  conservation 
officers  paid  as  such,  district  fire  wardens  and  coastal  wardens 
in  the  department  of  conservation. 

Approved  July  17,  1945. 


Chap. QSl  An  Act  relative  to  the  payment  of  compensation  on 

ACCOUNT  OF  INJURIES  OR  DEATH  SUFFERED  BY  ANY  OFFI- 
CER OR  INSPECTOR  OF  THE  DEPARTMENT  OF  PUBLIC  SAFETY 
PERFORMING    POLICE   SERVICE. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  twenty-two  of  the  General  Laws  is  hereby 
amended  by  inserting  after  section  seven  A  the  following 
section :  —  Section  7B.  In  determining  the  right  of  any 
officer  or  inspector  of  the  department  performing  police 
service,  or  his  legal  representatives,  to  receive  compensa- 
tion under  any  provision  of  law  on  account  of  injuries  or 
death  suffered  by  such  officer  or  inspector  while  engaged  in 
the  actual  performance  of  police  service  in  the  course  of  his 
duties,  such  officer  or  inspector  shall  be  deemed  to  be  so 
engaged  while  traveling  on  public  ways  from  his  liome  to 
his  station  of  duty  and  from  such  station  to  his  home. 

Approved  July  17,  19 45. 


G.  L.  (Ter. 
Ed.),  22, 
new  §  7B, 
added. 
Right  to 
compensation 
under  certain 
conditions. 


(7^ap.632  An  Act  making  certain  changes  in  the  law  relative 

TO    MEDICAL   EXAMINERS. 


G.  L.  (Ter. 
Ed.),  38,  §  i 
amended. 


Duties  of 
associate 
examiners. 


G.  L.  (Ter. 
Ed.),  38,  § 
repealed. 


G.  L.  (Ter.. 
Ed.),  38,  § 
amended. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  thirty-eight  of  the  General  Laws  is 
hereby  amended  by  striking  out  the  last  sentence  of  section 
two,  as  appearing  in  the  Tercentenary  Edition,  and  inserting 
in  place  thereof  the  following  sentence :  —  Associate  medical 
examiners  in  the  other  districts  shall,  in  the  absence  of  the 
medical  examiners  or  in  case  of  their  inability  to  act,  per- 
form in  their  respective  counties  all  of  the  duties  of  the  medi- 
cal examiner.  A  medical  examiner,  or  an  associate  medical 
examiner  of  a  district  adjoining  a  district  in  another  county, 
may,  in  the  absence  or  inability  to  act  of  the  medical  exam- 
iner or  the  associate  medical  examiner  of  said  other  district, 
perform  in  that  district  all  of  the  duties  of  the  medical  ex- 
aminer, and  in  such  case  shall  be  compensated  by  the  county 
where  he  acts. 

Section  2.  Section  two  A  of  said  chapter  thirty-eight, 
inserted  by  section  one  of  chapter  one  hundred  and  fifty- 
three  of  the  acts  of  nineteen  hundred  and  forty-three,  is 
hereby  repealed. 

Section  3.  Section  five  of  said  chapter  thirty-eight,  as 
appearing  in  the  Tercentenary  Edition,  is  hereby  amended 
by  striking  out  the  last  sentence  and  inserting  in  place  thereof 
the  following  sentence :  — 


Acts,  1945. —  Chap.  632.  669 

Medical  examiners  and  associate  medical  examiners  in  salaries, 
other  counties  shall  receive  fees  as  follows :  For  a  view  with  ^'^'^^'  *^**'- 
or  without  an  autopsy,  ten  dollars;  and  for  travel,  ten  cents 
a  mile  for  each  mile  traveled  in  the  investigation  of  a  death ; 
for  attendance  as  a  witness  at  inquests  or  in  criminal  cases 
in  district  courts,  ten  dollars  for  each  day  of  such  attend- 
ance; and  for  travel,  ten  cents  a  mile  to  and  from  the  place 
where  such  inquest  or  court  trial  is  held. 

Section  4.     Said  chapter  thirty-eight  is  hereby  further  g.  l.  (Ter. 
amended  by  striking  out  section  six,  as  amended  by  chapter  f  e;^;>f(f; 
four  hundred  and  seventy-five  of  the  acts  of  nineteen  hun-  amended. 
dred  and  thirty-nine,  and  inserting  in  place  thereof  the  fol- 
lowing section:  —  Section  6.    When  any  person  in  the  com-  -^^^i^^  ^f 
monwealth  is  supposed  to  have  died  by  violence  or  by  the  examiners. 
action  of  chemical,  thermal  or  electrical  agents  or  following 
abortion,  or  from  diseases  resulting  from  injury  or  infection 
relating  to  occupation,  or  suddenly  when  not  disabled  by 
recognizable  disease,  or  when  any  person  is  found  dead,  it 
shall  be  the  duty  of  any  person  having  knowledge  of  such 
death  immediately  to  notify  the  medical  examiner  of  the  dis- 
trict of  the  county  wherein  the  body  lies  of  the  known  facts 
concerning  the  time,  place,  manner,  circumstances,  and  cause 
of  such  death.    A  physician  who,  having  knowledge  of  such  Penalty  for 
a  death,  fails  to  notify  the  medical  examiner  shall  be  punished  n^otify 
by  a  fine  of  not  more  than  one  hundred  dollars.    Immediately  e-^^mmer. 
upon  receipt  of  such  notification,  the  medical  examiner  shall 
carefully  inquire  into  the  cause  and  circumstances  of  the 
death  and  if,  as  a  result  of  such  inquiry,  he  is  of  the  opinion 
that  death  may  have  resulted  from  violence  or  unnatural 
causes,  he  shall  go  to  the  dead  body  and  take  charge  of  the 
same.     Upon  taking  charge  of  the  dead  body  and  before 
moving  the  same  the  medical  examiner  shall  carefully  note 
the  appearance,  the  condition  and  position  of  the  body  and 
record  every  fact  and  circumstance  tending  to  show  the 
cause  and  manner  of  death  with  the  names  and  addresses  of 
all  known  witnesses  and  subscribe  the  same  and  make  such 
record  a  part  of  his  report  as  provided  in  section  seven.    If  Notification 

n   .  1  1         111  1       r J  1   •  •         ■     J       i  I        to  the  district 

on  View  of  the  dead  body  and  after  personal  mquiry  mto  the  attorney. 
cause  and  manner  of  death,  the  medical  examiner  considers 
a  further  examination  necessary  in  the  public  interest,  he 
shall  immediately  notify  the  district  attorney  of  the  district 
and  county  within  whose  jurisdiction  the  body  lies  of  his 
intention  to  make  such  further  examination.  The  body  shall 
not  be  moved  from  the  place  where  it  lies  until  it  has  been 
viewed  by  the  district  attorney  or  his  representative  if,  at 
the  time  he  is  notified  of  its  existence  by  the  medical  exam- 
iner, the  district  attorney  gives  notice  of  his  desire  to  view 
the  same.  After  the  district  attorney  or  his  representative  Autopsy, 
has  viewed  the  body  or  has  given  notice  that  he  does  not  autlTorized. 
desire  to  do  so,  the  medical  examiner  on  his  own  authority 
may  and,  if  he  be  so  requested  by  the  district  attorney  or 
the  attorney  general,  shall,  make  or  cause  to  be  made  in  his 
presence,  an  autopsy  on  the  aforesaid  body.    Such  an  autopsy 


670 


Acts,  1945. —  Chap.  632. 


G.  L.  (Ter, 
Ed.),  38, 
$  7,  etc., 
amended. 


Report  of 
autopsy. 


shall  be  performed  in  the  presence  of  two  or  more  discreet 
persons  whose  attendance  the  medical  examiner  may  compel 
by  subpoena.  If  a  medical  examiner  considers  it  necessary 
to  have  a  physician  present  as  a  witness  at  an  autopsy,  such 
physician  shall  receive  a  fee  of  five  dollars.  Other  witnesses, 
except  ofiicers  named  in  section  fifty  of  chapter  two  hundred 
and  sixty-two,  shall  be  allowed  two  dollars  each.  A  clerk 
may  be  employed  to  record  the  results  of  such  a  view  or  au- 
topsy and  shall  receive  not  more  than  five  dollars  per  day 
therefor.  Upon  written  order  of  the  district  attorney  of  the 
district  where  the  body  lies,  or  of  the  attorney  general,  a 
medical  examiner  shall  also  make,  or  cause  to  be  made  in 
his  presence,  an  autopsy  under  like  conditions  of  any  dead 
body  within  his  county.  The  medical  examiner  may  on  his 
own  authority,  and  shall  if  so  requested  by  the  district  attor- 
ney of  the  county  where  the  body  lies,  employ  the  services 
of  a  pathologist,  a  chemist  or  other  expert  to  aid  in  the  ex- 
ammation  of  the  body  or  of  substances  supposed  to  have 
caused  or  contributed  to  death,  and  if  the  aforesaid  patholo- 
gist, chemist  or  other  expert  is  not  already  employed  by  the 
commonM^ealth  or  by  the  city  or  county  where  the  body  lies 
for  the  discharge  of  such  services  he  shall,  upon  written  au- 
thorization of  the  medical  examiner  and  of  the  district  attor- 
ney, if  such  employment  and  services  were  requested  by  him, 
be  allowed  reasonable  compensation,  payable  by  the  county 
in  the  manner  provided  in  section  nineteen.  The  medical 
examiner  shall,  at  the  time  of  the  autopsy,  record  or  cause 
to  be  recorded  each  fact  and  circumstance  tending  to  show 
the  condition  of  the  body  and  the  cause  and  manner  of 
death,  with  the  names  and  addresses  of  said  witnesses,  which 
record  he  shall  subscribe.  The  medical  examiner  may  allow 
reasonable  compensation,  payable  by  the  county  in  the  man- 
ner provided  in  section  nineteen,  for  the  transportation  of 
such  bodies  as  need  to  be  moved  to  a  place  where  they  can 
be  more  satisfactorily  examined,  and  for  the  use  of  such 
quarters  as  may  be  needed  for  the  performance  of  an  autopsy. 
Section  5.  Said  chapter  thirty-eight  is  hereby  further 
amended  by  striking  out  section  seven,  as  amended  by  chap- 
ter three  hundred  and  sixty-six  of  the  acts  of  nineteen  hun- 
dred and  forty-one,  and  inserting  in  place  thereof  the  fol- 
lowing section :  —  Section  7.  He  shall  forthwith  file  with  the 
district  attorney  for  his  district  a  report  of  each  autopsy  and 
view  and  of  his  personal  inquiries,  with  a  certificate  that,  in 
his  judgment,  the  manner  and  cause  of  death  could  not  be 
ascertained  by  view  and  inquiry  and  that  an  autopsy  was 
necessary.  If  the  autopsy  was  requested  or  ordered  by  the 
district  attorney  as  provided  in  section  six,  he  shall  so  cer- 
tify to  the  commissioners  of  the  county  where  the  same  was 
held  or,  in  Suffolk  county,  to  the  auditor  of  Boston.  If  upon 
such  view,  personal  inquiry  or  autopsy,  the  medical  examiner 
is  of  opinion  that  the  death  may  have  been  caused  by  the 
act  or  negligence  of  another,  he  shall  at  once  notify  the  dis- 
trict attorney  and  a  justice  of  a  district  court  or  trial  justice 


Acts,  1945.  — Chap.  633.  671 

within  whose  jurisdiction  the  body  was  found,  if  the  place 
where  found  and  the  place  of  the  said  act  or  negligence  are 
within  the  same  county,  or  if  the  latter  place  is  unknown;, 
otherwise,  the  district  attorney  and  such  a  justice  within 
whose  district  or  jurisdiction  the  said  act  or  negligence  oc- 
curred. He  shall  also  file  with  the  district  attorney  thus 
notified,  and  with  the  justice  or  in  his  court,  an  attested 
copy  of  the  view  and  his  personal  inquiries  and  a  copy  of 
the  record  of  the  autopsy  made  as  provided  in  section  six. 
He  shall  in  all  cases  certify  to  the  town  clerk  or  registrar  in 
the  place  where  the  deceased  died,  and  to  the  department 
of  industrial  accidents  in  cases  where  death,  in  his  opinion, 
was  caused  by  or  related  to  the  occupation  of  the  deceased, 
his  name  and  residence,  if  known;  otherwise,  a  description 
as  full  as  may  be,  with  the  cause  and  manner  of  death. 

Section  6.     Said  chapter  thirty-eight  is  hereby  further  g.  l.  (Ter. 
amended  by  striking  out  section  nineteen,  as  appearing  in  ameAdlci.^  ^^' 
the  Tercentenary  Edition,  and  inserting  in  place  thereof  the 
following  section :  —  Section  19.     Every  medical  examiner  Return,  audit, 
shall  return  an  account  of  the  expenses  of  each  view  or  au-  oHee^anl"*' 
topsy,  including  his  fees,  to  the  commissioners  of  the  county  expenses. 
where  held,  or  in  Suffolk  county  to  the  auditor  of  Boston. 
The  commissioners  or  auditor  shall  audit  the  same,  and  cer- 
tify to  the  county  treasurer  what  items  therein  are  just  and 
reasonable,  and  he  shall  pay  the  same  to  the  person  entitled 
thereto.    No  auditing  officer  shall  certify  any  fee  for  an  au- 
topsy which  was  ordered  or  requested  by  the  district  attor- 
ney of  the  district  where  the  body  was  found  until  he  has 
received  from  the  district  attorney  the  certificate  required 
by  section  seven.  Approved  July  18,  194-5. 

An  Act  relative  to  state  aid,  military  aid,  soldiers'  Chap.633 

RELIEF   AND    BURIALS    OF    WAR    VETERANS   AND    THEIR    DE- 
PENDENTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Section  six  of  chapter  one  hundred  and  fif-  g.  l.  (Ter. 
teen  of  the  General  Laws  is  hereby  amended  by  striking  out,  amended^.'  ^  ^' 
in  the  sixth  line,  as  appearing  in  the  Tercentenary  Edi- 
tion, the  words  "from  all  appointments  and  enlistments  in 
the  army  or  navy"  and  inserting  in  place  thereof  the  words: 
—  or  released  from  his  last  war  time  enlistment  or  appoint- 
ment, —  so  that  the  first  paragraph  will  read  as  follows :  — 
The  recipient  of  state  aid  shall  have  a  residence,  and  shall  ^.^Y™^-^*  °^ 
actually  reside,  in  the  town  from  which  such  aid  is  received,  regulated. 
shall  not  receive  aid  from  any  other  town  in  the  common- 
wealth or  from  any  other  state,  shall  be  in  such  needy  cir- 
cumstances as  to  require  public  assistance,  and,  if  a  soldier, 
sailor  or  nurse,  shall  have  been  honorably  discharged  or 
released  from  his  last  war  time  enlistment  or  appointment, 
shall  be  so  far  disabled,  as  the  result  of  his  service  in  the 
army  or  navy,  as  to  prevent  him  from  following  his  usual 
occupation,  and  shall  belong  to  one  of  the  following  classes: 


672 


Acts,  1945.  — Chap.  633. 


G.  L.  (Ter. 
Ed.).  115,  §  6, 
amended. 


•World  War 
service. 


G.  L.  (Ter. 
Ed.),  115, 
§  10,  etc., 
amended. 


First  Class 
qualifications. 


G.  L.  (Ter. 
Ed),  115, 
§  17,  etc., 
amended. 

Soldiers' 
relief. 


Section  2.  Said  section  six  of  said  chapter  one  hundred 
and  fifteen  is  hereby  further  amended  by  striking  out,  in 
the  ninety-ninth  hne,  as  appearing  in  the  Tercentenary 
Edition,  the  word  "sixteen"  and  inserting  in  place  thereof 
the  word:  —  eighteen,—  and  by  striking  out,  in  the  one 
hundred  and  third  and  one  hundred  and  fourth  Hues,  as  so 
appearing,  the  words  ",  provided  the  children  were  in  being 
prior  to  his  discharge  or  prior  to  the  termination  of  said  war 
as  herein  defined",  —  so  that  the  paragraph  contained  in  the 
ninety-eighth  to  the  one  hundred  and  sixth  lines,  inclusive, 
as  so  appearing,  will  read  as  follows :  — 

The  dependent  widow,  dependent  widowed  mother  and 
dependent  children  up  to  the  age  of  eighteen  of  any  soldier, 
sailor  or  nurse  who  died  while  in  such  service  during  the 
world  war  as  defined  in  class  one,  or  who  shall  die  after  an 
honorable  discharge  from  all  enlistments  or  appointments  in 
such  service,  or  any  child  dependent  by  reason  of  physical 
or  mental  incapacity,  or  any  person  who  stood  to  him  in  the 
relationship  of  a  parent  for  five  years  prior  to  such  service. 

Section  3.  The  second  paragraph  of  section  ten  of  said 
chapter  one  hundred  and  fifteen,  as  amended  by  section 
nine  of  chapter  four  hundred  and  fifty-five  of  the  acts  of 
nineteen  hundred  and  forty-three,  is  hereby  further  amended 
by  striking  out,  in  the  fifth  to  the  seventh  lines,  inclusive,  the 
words  "active  duty  in  such  United  States  service  and  from 
all  appointments  and  enlistments  therein"  and  inserting 
in  place  thereof  the  words:  —  his  last  war  time  enlistment 
or  appointment,  —  so  as  to  read  as  follows:  — 

First  Class,  Each  person  of  the  first  class  shall  have  his 
settlement  in  the  town  aiding  him;  shall  have  served  as  a 
soldier,  sailor  or  nurse  in  the  manner  and  under  the  Ihnita- 
tions  prescribed  in  the  first  class  of  section  six;  shall  have 
been  honorabl}^  discharged  or  released  from  his  last  war 
time  enlistment  or  appointment;  and,  by  reason  of  sickness 
or  other  physical  disability,  shall  be  in  such  need  as  would 
entitle  him  to  relief  under  chapter  one  hundred  and  seventeen; 
shall  not  be,  directly  or  indirectly,  in  receipt  of  any  other 
state  or  military  aid,  or  of  any  pension  for  services  rendered 
or  disabilities  incurred  either  in  the  civil  or  Spanish  wars, 
Indian  wars  or  campaigns,  the  Philippine  Insurrection,  the 
China  Relief  Expedition,  Mexican  border  service  or  world 
war  service  as  defined  in  section  six.  The  disability  must 
have  arisen  from  causes  independent  of  his  military  or  naval 
service  aforesaid. 

Section  4.  Said  chapter  one  hundred  and  fifteen  is 
hereby  further  amended  by  striking  out  section  seventeen, 
as  amended,  and  inserting  in  place  thereof  the  following 
section:  —  Section  17.  If  a  person  who  served  in  the  army 
or  navy  of  the  United  States  in  the  war  of  the  rebellion,  in 
the  army,  navy  or  marine  corps,  in  the  war  with  Spain  or 
the  Philippine  Insurrection,  between  April  twenty-first, 
eighteen  hundred  and  ninety-eight,  and  July  fourth,  nine- 
teen hundred  and  two,  and  on  the  Mexican  border  in  nine- . 


Acts,  1945.  — Chap.  633.  673 

teen  hundred  and  sixteen,  or  in  the  army,  navy  or  marine 
corps  in  the  World  War,  or  a  pensioner  of  the  United  States 
who  served  under  the  authority  or  by  the  approval  of  any 
state  or  territory  in  any  Indian  war  or  campaign,  or  in  con- 
nection with  or  in  the  zone  of  any  active  Indian  hostilities 
in  any  of  the  states  or  territories  of  the  United  States  prior 
to  January  first,  eighteen  hundred  and  ninety-eight,  and 
shall  have  been  honorably  discharged  or  released  from  his 
last  war  time  enlistment  or  appointment,  and  who  has  a 
legal  settlement  in  a  town  in  the  commonwealth,  becomes 
wholly  or  partly  unable  to  provide  maintenance  for  himself, 
his  wife  or  minor  children  under  eighteen  years  of  age,  or  for 
a  needy  father  or  mother,  unless  such  condition  is  the  result 
of  his  own  criminal  or  wilful  misconduct,  or  if  such  person 
dies  leaving  a  widow  or  minor  children  under  eighteen  years 
of  age,  or  a  needy  father  or  mother,  or  any  person  who  stood 
in  the  relationship  of  a  parent  for  five  years  prior  to  his  en- 
listment, such  support  as  may  be  necessary  shall  be  accorded 
to  him  or  his  said  dependents  or  needy  parents  by  the  town 
where  they  or  any  of  them  have  a  legal  settlement,  and  his 
said  dependents  or  needy  parents,  in  the  case  of  his  death, 
shall  not  be  deemed  ineligible  to  receive  said  support  by 
reason  of  criminal  or  wilful  misconduct  on  his  part  at  any 
time  during  his  lifetime;  but  should  such  person  have  all 
the  said  qualifications  except  settlement,  if  he  served  in  the 
War  of  the  Rebellion,  or  in  the  army,  navy  or  marine  corps 
in  the  war  with  Spain  or  the  Philippine  Insurrection  be- 
tween said  dates,  his  widow,  who  has  acquired  a  legal  settle- 
ment in  her  own  right  before  August  twelfth,  nineteen 
hundred  and  sixteen,  which  settlement  has  not  been  defeated 
or  lost,  or  if  he  served  in  the  World  War  and  at  the  time  of 
his  decease  was  a  legal  resident  of  this  commonwealth,  his 
widow,  who  has  a  legal  settlement  and  who  has  not  remar- 
ried, and  his  minor  children  under  eighteen  years  of  age, 
shall  also  be  eligible  to  receive  relief  under  this  section.  Any 
crippled,  blind  or  helpless  child,  whether  a  minor  or  adult, 
of  a  deceased  person  who  served  in  the  army  or  navy  of  the 
United  States  in  the  War  of  the  Rebellion,  or  in  the  war 
with  Spain  or  the  Philippine  Insurrection  between  April 
twenty-first,  eighteen  hundred  and  ninety-eight,  and  July 
fourth,  nineteen  hundred  and  two,  and  shall  have  been 
honorably  discharged  or  released  from  his  last  war  time  en- 
listment or  appointment,  if  such  child  is  receiving  a  pension 
from  the  United  States  and  is  not  otherwise  eligible  to  re- 
ceive relief  under  this  section,  shall  also  be  eligible  as  afore- 
said. Such  relief  shall  be  furnished  by  the  aldermen  or 
selectmen,  or,  in  Boston,  by  the  soldiers'  relief  commissioner, 
subject,  however,  to  the  direction  of  the  city  council  of  said 
city  as  to  the  amount  to  be  paid.  The  beneficiary  shall 
receive  said  relief  at  home,  or  at  such  other  place  as  the 
aldermen,  selectmen  or  soldiers'  relief  commissioner  deem 
proper,  but  he  shall  not  be  compelled  to  receive  the  same  at 
an  infirmary  or  public  institution  unless  his  physical  or 


674 


Acts,  1945. —  Chap.  633. 


G.  L.  (Ter. 
Ed.),  115, 
§  20,  etc., 
amended. 


Expense  of 

burial 

limited. 


Conduct 
of  burial. 


Returns  and 
reimburse- 
ment. 


mental  condition  requires,  or,  if  a  minor,  unless  his  parents 
or  guardian  so  elect. 

Section  5.  Section  twenty  of  said  chapter  one  hundred 
and  fifteen,  as  most  recently  amended  by  section  eleven  of 
chapter  four  hundred  and  fifty-five  of  the  acts  of  nineteen 
hundred  and  forty-three,  is  hereby  further  amended  by 
inserting  after  the  word  "eighteen",  in  the  sixth  line,  the 
words :  —  ,  two  dollars  of  which  shall  be  paid  as  compensa- 
tion to  the  burial  agent,  —  so  as  to  read  as  follows :  —  Sec- 
tion 20.  The  amount  of  the  allowance  for  a  burial  as  afore- 
said, in  the  case  of  a  soldier,  sailor,  wife,  widow,  needy 
father  or  mother  or  army  nurse,  shall  not  exceed  one  hun- 
dred dollars,  and  in  the  case  of  a  dependent  child,  fifty 
dollars  up  to  the  age  of  thirteen,  and  one  hundred  dollars 
from  the  age  of  thirteen  up  to  the  age  of  eighteen,  two 
dollars  of  which  shall  be  paid  as  compensation  to  the  burial 
agent;  but  if  the  total  expense  of  the  burial,  by  whomso- 
ever incurred,  in  the  case  of  a  soldier,  sailor,  wife,  widow, 
needy  father  or  mother  or  army  nurse,  shall  exceed  two 
hundred  and  fifty  dollars,  or  in  the  case  of  a  child  up  to  the 
age  of  thirteen,  one  hundred  and  fifty  dollars,  from  the  age 
of  thirteen  up  to  the  age  of  eighteen  two  hundred  and  fifty 
dollars,  no  payment  therefor  shall  be  made  by  the  common- 
wealth. The  burial  shall  not  be  made  in  any  cemetery  or 
burial  ground  used  exclusively  for  the  burial  of  persons 
buried  under  the  provisions  of  chapter  one  hundred  and 
seventeen,  or  in  any  part  of  any  cemetery  or  burial  ground 
so  used.  Relatives  of  the  deceased  who  are  unable  to  bear 
the  expense  of  burial  may  be  allowed  to  conduct  the  funeral. 
The  full  amount  so  expended,  the  name  of  the  deceased 
soldier  or  sailor,  the  regiment,  company,  station,  organiza- 
tion or  vessel  in  which  he  served,  the  date  of  death,  place  of 
interment,  and  in  case  of  a  wife  or  widow  the  name  of  the 
husband  and  date  of  marriage,  and  in  the  case  of  a  depend- 
ent child  the  name  of  the  father,  and  such  other  details  as 
the  commissioner  may  require,  shall  be  certified  on  oath  to 
him,  in  such  manner  as  he  may  approve,  by  the  burial 
agent  and  the  treasurer  of  the  town  expending  the  amount, 
within  three  months  after  the  burial;  and  the  commissioner 
shall  endorse  upon  the  certificate  his  allowance  of  such 
amounts  as  he  finds  have  been  paid,  and  reported  according 
to  the  foregoing  provisions,  and  shall  transmit  the  certificate 
to  the  comptroller.  The  amounts  legally  paid  and  so  al- 
lowed, with  no  expense  for  disbursement,  shall  be  reim- 
bursed by  the  commonwealth  to  the  several  towns  on  or 
before  November  tenth  in  the  year  after  the  expenditures 
have  been  made.  Approved  July  18,  1945. 


Acts,  1945. —  Chaps.  634,  635.  675 


An  Act  authorizing  the  retirement  board  of  the  re-  (Jfidj)  534 

TIREMENT  SYSTEM  OF  THE  COUNTY  OF  WORCESTER  TO 
receive  and  act  UPON  AN  APPLICATION  OF  GEORGE  F.  E. 
STORY    FOR   RETIREMENT   THEREUNDER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  retirement  board  of  the  retirement  sys- 
tem of  the  county  of  Worcester  may  receive  and  act  upon  an 
application  for  retirement  of  George  F.  E.  Story,  a  member 
of  said  system,  for  accidental  disability,  notwithstanding  his 
failure  to  report  the  accident  in  writing  to  said  board  within 
the  time  required  by  law. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  18,  1945. 

An  Act  providing  for  advances  of  their  vacation  pay  Chav.Q35 

to  officers  and  employees  of  the  COMMONWEALTH 
AND    OF   CERTAIN    COUNTIES,    CITIES   AND    TOWNS. 

Whereas,  The  deferred  operation  of  this  act  would  tend  to  Emergency 
defeat  its  purpose,  which  is  in  part  to  make  available  to  preamble, 
state,  county  and  municipal  officers  and  employees  the  bene- 
fits thereof  during  the  approaching  vacation  period;   there- 
fore it  is  hereby  declared  to  be  an  emergency  law,  necessary 
for  the  immediate  preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Chapter  twenty-nine  of  the  General  Laws  is  g.  l.  (Tcf. 
hereby  amended  by  striking  out  section  thirty-one,  as  most  fsijet^c'., 
recently  amended  by  chapter  five  hundred  and  forty-five  amended.' 
of  the  acts  of  the  current  year,  and  inserting  in  place  thereof 
the  following  section :  —  Section  31 .    Salaries  payable  by  the  salaries, 
commonwealth  shall,  unless  otherwise  provided,  be  paid  on  ^i^en  payable. 
the  first  day  of  each  month,  and  shall  be  in  full  for  all  serv- 
ices rendered  to  the  commonwealth  by  the  persons  to  whom 
they  are  paid.    Advances  on  account  of  salaries  may  be  made  Advances. 
under  such  regulations  as  the  state  treasurer  may  prescribe, 
not  exceeding  the  proportion  of  salary  then  due,  nor  oftener 
than  once  in  seven  days  nor  after  the  twenty-fifth  day  of  the 
month.    No  salary  shall  be  paid  to  any  person  for  a  longer 
period  than  that  during  which  he  has  been  actually  employed 
in  the  duties  of  his  office.    If  a  salary  shall  be  diminished,  no 
greater  rate  shall  be  paid  because  of  any  previous  appropria- 
tion therefor.     Notwithstanding  the  foregoing  provisions  of 
this  section,  the  annual  salary  of  each  teacher  and  each 
supervisor  employed  in  any  school  or  college  within  any 
department  of  the  commonwealth,  whose  regular  service  is 
rendered  from  September  first  to  June  thirtieth,  shall  be  for 
his  service  for  the  number  of  weeks  established  by  the  de- 
partment for  such  school  to  be  in  session  during  said  period, 
payable,  however,  in  equal  instalments  on  the  first  day  of 
each  month,  and  the  amount  earned  and  unpaid  at  the  time 
of  his  resignation,  retirement,  death  or  entry  on  leave  of 


676 


Acts,  1945.  —  Chap.  636. 


Advances 
of  regular 
vacation  pay. 


G.  L.  (Ter. 
Ed.),  35, 
new  §  19A, 
added. 
Advances  of 
regular 
vacation  pay. 


G.  L.  (Ter. 
Ed.),  44, 
new  §  65, 
added. 
Advances  of 
regular  vaca- 
tion pay. 


absence  shall  be  paid  forthwith  to  the  persons  entitled 
thereto,  and  advances  of  pay  may  be  made  to  any  state 
officer  or  employee  in  advance  of  his  regular  vacation  to  the 
extent  of  the  pay  to  which  he  is  about  to  become  entitled 
during  such  vacation  period  under  such  regulations  as  the 
state  treasurer  may  prescribe. 

Section  2.  Chapter  thirty-five  of  the  General  Laws  is 
hereby  amended  by  inserting  after  section  nineteen  the  fol- 
lowing section:  —  Section  19 A.  In  any  county  which  ac- 
cepts this  section  by  vote  of  the  county  commissioners, 
advances  of  pay  may  be  made  to  any  county  officer  or  em- 
ployee in  advance  of  his  regular  vacation  to  the  extent  of 
the  pay  to  which  he  is  about  to  be  entitled  during  such  vaca- 
tion period  under  such  regulations  as  the  county  treasurer 
may  prescribe. 

Section  3.  Chapter  forty-four  of  the  General  Laws  is 
hereby  amended  by  adding  at  the  end  the  following  section: 
—  Section  65.  In  any  city  which  accepts  this  section  by  vote 
of  the  city  council,  with  the  approval  of  the  mayor,  and  in 
2iny  town  which  accepts  this  section  at  a  town  meeting,  ad- 
vances of  pay  may  be  made  to  any  officer  or  employee 
thereof  in  advance  of  his  regular  vacation  to  the  extent  of 
the  pay  to  which  he  is  about  to  be  entitled  during  such 
vacation  period  under  such  regulations  as  the  city  or  town 
treasurer  may  prescribe.  Approved  July  18,  1945. 


Chap. 636  An  Act  eequiring  the  city  of  law^rence  to  repay  to  a 

CERTAIN  PERMANENT  MEMBER  OF  ITS  FIRE  DEPARTMENT 
THE  CONTRIBUTIONS  MADE  BY  HIM  TO  THE  CONTRIBUTORY 
RETIREMENT  SYSTEM  OF  SAID  CITY,  AND  ESTABLISHING 
THE   RETIREMENT   RIGHTS    OF   SUCH    MEMBER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  two  hundred  and  eighty-six  of  the 
acts  of  the  current  year  is  hereby  amended  by  inserting  after 
the  words  "Joseph  Finnegan"  the  words:  —  ,  Oliva  J.  Le- 
mire,  —  so  as  to  read  as  follows:  —  Section  1.  The  retire- 
ment board  of  the  city  of  Lawrence  is  hereby  authorized 
and  directed  to  pay  over  to  Frank  J.  Ford,  Raymond  C. 
Barcroft,  Francis  J.  Walsh,  Augustine  J.  Reusch,  Ernest 
Mills,  John  J.  Downs,  Thomas  E.  Silke,  Thomas  L.  Carey, 
Raymond  J.  McCartin,  James  D.  Sambataro,  Joseph  Finne- 
gan, Oliva  J.  Lemire,  Samuel  R.  Higton,  Jr.,  and  John  F. 
Danahy,  all  permanent  firemen  of  the  city  of  Lawrence,  all 
deductions  withheld  from  their  wages  as  such  firemen  on 
account  of  the  membership  of  each  of  the  aforesaid  firemen 
in  the  contributory  retirement  system,  so  called,  established 
by  virtue  of  sections  twenty-six  to  thirty-one  H,  inclusive, 
of  chapter  thirty-two  of  the  General  Laws,  and  the  names 
of  said  firemen  shall  be  stricken  from  the  rolls  of  the  retire- 
ment board  of  the  city  of  Lawrence  as  members  of  the  con- 
tributory retirement  sj^stem,  so  called.  Each  of  the  afore- 
said firemen  shall  be  entitled  to  the  benefits  of  pension  or 


Acts,  1945. —  Chap.  637.  677 

retirement  allowances  provided  for  firemen  under  sections 
eighty  to  eighty-three,  inclusive,  and  section  eighty-nine,  of 
said  chapter  thirty-two  of  the  General  Laws. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  18,  1945. 


An   Act   incorporating   into   the   general   laws   pro-  pj        ^07 

VISIONS    OF    LAW     CHANGING    THE     FISCAL    YEAR     OF    THE  ^'^<^P-0«J' 
METROPOLITAN     DISTRICT     COMMISSION     AND     THE     METRO- 
POLITAN  DISTRICT   WATER    SUPPLY    COMMISSION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  seven  of  chapter  four  of  the  General  ^j^F*^'"- 
Laws  is  hereby  amended  by  striking  out  clause  Ninth,  as  §  7,  etc., 
most  recentty  amended  by  section  one  of  chapter  two  hun-  ^'^^'^'^^d- 
dred  and  forty-two  of  the  acts  of  nineteen  hundred  and 
forty-five  and   as   affected   by   chapter   two   liundred   and 
seventy-nine  of  the  acts  of  nineteen  hundred  and  forty-five, 
and  inserting  in  place  thereof  the  following  clause:  — 

Ninth,  "Fiscal  year",  when  used  with  reference  to  any  Term" fiscal 
of  the  offices,   departments,   boards,   commissions,   institu-  defined 
tions  or  undertakings  of  the  commonwealth,  sliall  mean  the 
year  beginning  with  July  first  and  ending  with  the  following 
June  thirtieth. 

Section  2.     Chapter  twenty-nine  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  amended  by  striking  out  section  five,  as  most  re-  f'l'^'Jc' 
cently  amended  by  section  five  of  said  chapter  two  hundred  amended. 
and  forty-two  and  as  affected  by  said  chapter  two  hundred 
and  seventy-nine,  and  inserting  in  place  thereof  the  follow- 
ing section :  —  Section  5.     (1)  The  comptroller  shall  annu-  Annual 
ally,  on  or  before  August  fifteenth,  submit  to  the  budget  be^m^d^^^th" 
commissioner  statements  setting  forth  the  following  facts  t^^e  budget 

i/;fiiij  commissioner 

and  figures  lor  all  state  purposes:  —  by  comptroller. 

(a)  The  expenditures  for  the  preceding  fiscal  year,  item- 
ized separately  so  as  to  show  expenditures  made  from  grants 
from  the  United  States,  trust  funds  and  sources  other  than 
state  revenue. 

(6)  The  appropriations  for  the  preceding  fiscal  year. 

(c)  The  actual  revenue  for  the  three  preceding  fiscal 
years,  itemized  so  as  to  show  the  sources  from  which  received. 

{d)  The  condition  of  the  cash  on  hand,  itemized  separately 
so  as  to  show  cash  derived  from  special  revenue  not  avail- 
able for  general  state  purposes,  cash  held  to  meet  author- 
izations and  obligations  previously  made  and  i)icurred,  and 
cash  which  is  unencumbered  and  available  for  appropriation. 

(e)  The  condition  of  the  state  debt. 

(/)  An  itemized  statement  showing  the  disposition  of 
any  funds  appropriated  to  meet  emergency  or  unforeseen 
conditions. 

(2)  The  statements  submitted  shall  also  set  forth  the 
estimates  for  the  current  and  ensuing  fiscal  years  of  all 
expenditures  for  payment  of  claims  and  all  other  expendi- 


678 


Acts,  1945.  — Chap.  637. 


G.  L.  (Ter. 
Ed.),  29, 
§  10,  etc., 
repealed. 


G.  L.  (Ter. 
Ed.).  29, 
§  12,  etc.. 
amended. 


Appropriations 
to  be  made 
for  fiscal  year. 


G.  L.  (Ter. 
Ed.),  29,  §  47, 
amended, 
and  new 
§  47A,  added. 
State 
treasurer 
may  borrow 
in  anticipa- 
tion of  receipts. 


State  treas- 
urer may 
borrow  in 
anticipation 
of  metro- 
politan dis- 
trict receipts. 


G.  L.  (Ter. 
Ed.),  30. 
§  47,  etc.. 
amended. 


G.  L.  (Ter. 
Ed.),  92. 
new  §  59A. 
added. 
Payment  of 
assessments 


tures  authorized  by  law  and  not  required  to  be  filed  under 
section  three. 

Section  3.  Section  ten  of  said  chapter  twenty-nine,  as 
most  recently  amended  by  section  nine  of  said  chapter  two 
hundred  and  forty-two  and  as  affected  by  said  chapter  two 
hundred  and  seventy-nine,  is  hereby  repealed. 

Section  4.  Said  chapter  twenty-nine  is  hereby  further 
amended  by  striking  out  section  twelve,  as  most  recently 
amended  by  section  eleven  of  said  chapter  two  hundred  and 
forty-two  and  as  affected  by  said  chapter  two  hundred  and 
seventy-nine,  and  inserting  in  place  thereof  the  following 
section:  —  Section  12.  Unless  otherwise  specifically  pro- 
vided therein,  appropriations  by  the  general  court  for  ordi- 
nary maintenance  of  the  several  offices,  departments,  boards, 
commissions,  institutions  and  undertakings  of  the  common- 
wealth shall  be  made  for  the  fiscal  year. 

Section  5.  Said  chapter  twenty-nine  is  hereby  further 
amended  by  striking  out  section  forty-seven,  as  appearing 
in  the  Tercentenary  Edition,  and  inserting  in  place  thereof 
the  two  following  sections:  —  Section  47.  The  state  treas- 
urer may  borrow  at  any  tune  during  a  fiscal  year,  in  antici- 
pation of  the  receipts  for  that  year  other  than  assessments 
for  the  metropolitan  districts,  such  sums  of  money  as  may 
be  necessary  for  the  payment  of  ordinary  demands  on  the 
treasury,  and  may  issue  notes  therefor.  Money  so  borrowed 
and  notes  so  issued  may  be  at  such  rates  of  interest  as  shall 
be  found  necessar3^  He  shall  repay  any  sums  borrowed 
under  this  section  as  soon  after  said  receipts  are  paid  as  is 
expedient,  but  in  any  event  before  the  close  of  the  fiscal 
year  in  which  the  same  were  borrowed. 

Section  Iff  A.  The  state  treasurer  may  borrow,  in  antici- 
pation of  assessments  for  any  metropolitan  district  payable 
within  one  year,  such  sums  of  money  as  may  be  necessary 
for  the  payment  of  interest,  sinking  fund  and  serial  or  other 
bond  requirements  and  maintenance  charges  of  said  dis- 
tricts and  may  issue  notes  therefor.  Money  so  borrowed 
and  notes  so  issued  may  be  at  such  rates  of  interest  as  shall 
be  found  necessary.  He  shall  repay  any  sums  borrowed 
under  this  section  as  soon  after  said  assessments  are  paid 
as  is  expedient,  but  in  any  event  within  one  year  after  the 
same  were  borrowed.  He  may  collect  proportionately  from 
the  cities  and  towns  of  each  such  district  all  interest  that 
may  be  paid  upon  money  borrowed  for  that  district  under 
this  section. 

Section  6.  Section  forty-seven  of  chapter  thirty  of  the 
General  Laws,  as  amended  by  section  twelve  of  chapter  six 
hundred  and  fifty-six  of  the  acts  of  nineteen  hundred  and 
forty-one,  is  hereby  further  amended  by  striking  out  the 
sentence  appearing  in  said  section  twelve. 

Section  7.  Chapter  ninety-two  of  the  General  Laws  is 
hereby  amended  by  inserting  before  section  sixty  the  follow- 
ing section :  —  Section  59 A .  Annual  assessments  for  main- 
tenance made  in  any  year  upon  the  cities  and  towns  of  each 


Acts,  1945.  — Chap.  638.  679 

of  the  metropolitan  districts  referred  to  in  this  chapter  shall  and^towns. 
be  payable  on  November  twentieth  of  such  year  and  shall 
be  based  upon  seven  twelfths  of  the  appropriations  for  such 
district  for  the  fiscal  year  ending  with  the  preceding  June 
thirtieth  and  five  twelfths  of  such  appropriations  for  the 
fiscal  year  immediately  following  said  June  thirtieth. 

Section  8,  The  next  annual  report  required  by  section 
one  hundred  of  chapter  ninety -two  of  the  General  Laws  to 
be  filed  by  the  metropolitan  district  commission  shall  not 
be  required  to  cover  any  period  covered  in  its  last  annual 
report.  Approved  July  18,  1945. 

An  Act  to  provide  for  the  appointment  of  assistant  (Jfidp  g38 

TREASURERS    AT    STATE    HOSPITALS    UNDER    THE    DEPART- 
MENT   of   mental   HEALTH. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  twenty-three  of  the  General  g^^-  (^ll""- 
Laws  is  hereby  amended  by  striking  out  section  twenty-  §  28,'  etc.," 
eight,  as  amended  by  section  twelve  of  chapter  four  hun-  '^"®"  ^ 
dred  and  eighty-six  of  the  acts  of  nineteen  hundred  and 
thirty-eight,  and  inserting  in  place  thereof  the  following  sec- 
tion: —  Section  28.    The  trustees  of  each  state  hospital,  with  ^ppo-^fs^pei.. 
the  approval  of  the  department,  shall  appoint  and  may  re-  intendent, 
move  a  treasurer  and  assistant  treasurer,  each  of  whom  shall  asds\'^nt  *° 
give  bond  for  the  faithful  performance  of  his  duties.    The  pro-  treasxirer. 
visions  of  section  forty-two  of  chapter  thirty-one  shall  apply 
to  the  appointment  of  such  assistant  treasurers.    Said  trus- 
tees, with  the  approval  of  the  department,  shall  appoint  a 
superintendent,  who  shall  be  a  physician  who  is  a  diplomate 
in  psychiatry  of  the  American  Board  of  Psychiatry  and  Neu- 
rology'-, Incorporated,  and  shall  have  had  at  least  four  years' 
administrative  experience  in  a  state  or  federal  hospital  for 
mental  diseases  or  in  any  equivalent  psychiatric  organiza- 
tion, or  at  least  three  years'  experience  as  aforesaid  and  at 
least  one  year's  experience  in  the  department  controlling 
such  hospital.     The  superintendent,  with  the  approval  of  f^f^^'^^^^^^'^t 
the  trustees,  shall  appoint  and  may  remove  assistant  phy-  certa?/^''"''' 
sicians  and  necessary  subordinate  officers  and  other  persons,  assistants. 
A  superintendent  of  a  state  hospital  may  be  removed  by  the 
trustees  thereof,  with  the  approval  of  the  department,  for  in- 
efiiciency,  failure  to  perform  duties  properly  or  other  good 
cause.    A  superintendent  sought  to  be  so  removed  shall  be  Removal 
notified  of  the  proposed  action,  shall  be  furnished  with  a  copy  Citendent. 
of  the  reasons  therefor  and  shall  be  given  a  hearing  before 
the  trustees,  and  be  allowed  to  answer  the  charges  pre- 
ferred against  him,  either  personally  or  by  counsel.    Within  Appeal. 
twenty  days  after  the  hearing  hereinbefore  provided  for,  said 
superintendent  may  bring  a  petition  in  the  superior  court 
within  and  for  the  county  wherein  he  resides,  praying  that 
the  action  of  said  trustees  may  be  reviewed  by  the  court, 
and,  after  such  notice  to  such  trustees  as  the  court  deems 
necessary,  it  shall  review  such  action,  hear  the  witnesses. 


680  Acts,  1945. —  Chap.  639. 

and  shall  affirm  the  decision  of  the  trustees  unless  it  shall 
appear  that  such  decision  was  made  without  proper  cause 
or  in  bad  faith,  in  which  case  said  decision  shall  be  reversed 
and  the  petitioner  be  reinstated  in  his  office  without  loss  of 
compensation.  The  decision  of  the  court  shall  be  final  and 
conclusive  upon  the  parties.  Approved  July  18,  1945. 


Chap.QS9  An  Act  granting  the  consent  of  the  commonwealth 

TO  THE  ACQUISITION  BY  THE  UNITED  STATES  OF  AMERICA 
OF  CERTAIN  LANDS  FOR  USE  AS  MILITARY  RESERVATIONS 
AND  GRANTING  AND  CEDING  JURISDICTION  OVER  SUCH 
LANDS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Subject  to  the  conditions  hereinafter  im- 
posed, the  consent  of  the  commonwealth  is  hereby  granted 
to  the  acquisition  by  the  United  States  of  America  of  the 
following  described  parcels  of  land  for  use  by  the  War  De- 
partment as  militaiy  reservations. 

1.  All  that  certain  piece  or  parcel  of  land  situated  in  tlie 
town  of  Framingham,  officially  designated  Gushing  General 
Hospital,  and  bounded  and  described  as  follows :  — 

Beginning  at  the  Southwesterly  corner  of  the  premises 
herein  described,  said  corner  being  the  intersection  of  the 
Northerl}^  side  fine  of  Fountain  Street  with  the  Easterly 
side  line  of  Winter  Street;  thence  North  22°  25'  00"  West 
along  said  Easterly  side  line  of  Winter  Street  584.18  feet  to 
a  point;  thence  North  23°  .34'  00"  West  along  said  side  fine 
of  Winter  Street  511.05  feet,  more  or  less,  to  land  of  Roy  R. 
&  Dorotliy  W.  Wheatcroft;  thence  North  68°  51'  00"  East 
along  said  land  of  Wheatcroft  209.80  feet  to  land  of  United 
States  of  America;  thence  turning  and  running  North 
21°  09'  West  for  a  distance  of  200.00  feet  to  a  point  located 
in  the  Northeasterly  corner  of  land  belonging  to  Roy  R. 
and  Dorothy  W.  Wheatcroft;  thence  turning  and  ruiming 
South  68°  51'  West  for  a  distance  of  217.80  feet  to  a  point 
located  on  the  Easterly  boundary  line  of  Winter  Street  so- 
called;  thence  turning  and  running  in  a  Northwesterly 
direction  along  said  Easterly  boundary  line  for  a  distance  of 
1095.00  feet,  more  or  less,  to  a  point;  thence  turning  and 
running  North  75°  05'  08"  East  for  a,  distance  of  140  feet, 
more  or  less,  to  a  point;  thence  turning  and  running  North 
14°  54'  52"  West  for  a  distance  of  1584.68  feet  to  a  point; 
thence  turning  and  running  North  86°  48'  20"  West  for  a 
distance  of  589.18  feet,  more  or  less,  to  a  point  located  on 
the  Easterly  boundary  line  of  Winter  Street,  so-called; 
thence  turning  and  running  in  a  Northwesterly  direction 
along  tb.e  arc  of  a  curve  having  a  radius  of  449.30  feet  and 
deflecting  towards  tlie  right  for  a  distance  of  101.06  feet, 
more  or  less,  to  a  point  of  curve;  thence  turning  and  run- 
ning South  86°  48'  20"  East  for  a  distance  of  937.67  feet, 
more  or  less,  to  a  point;   thence  turning  and  running  North 


Acts,  1945. —  Chap.  639.  681 

66°  02'  27"  East  for  a  distance  of  144.30  feet,  more  or  less, 
to  a  point  located  on  the  Westerly  boundarj^  line  of  an  un- 
named road;  thence  turning  and  running  North  63°  54'  04" 
East  for  a  distance  of  50.03  feet,  more  or  less,  to  a  point; 
thence  running  North  75°  06'  58"  East  for  a  distance  of 
218.41  feet,  more  or  less,  to  a  point';    thence  turning  and 
running  North  14°  54'  52"  West  for  a  distance  of  10  feet, 
more  or  less,  to  a  point  located  on  the  Southerly  boimdary 
line  of  the  Commonwealth  of  Massachusetts  Metropolitan 
Water  Works  right-of-way;   thence  turning  and  running  in 
a  Southeasterly   direction  along  said  Southerly   boundary 
line  and  arc  of  a  curve  having  a  radius  of  1472.69  feet  for  a 
distance  of  229.00  feet  to  a  point;   thence  continuing  along 
said  Southerly  boundary  Hne  South  58°  58'  15"  East  for  a 
distance  of  571.00  feet  to  a  point  of  curve;  thence  continuing 
along  said  Southerly  boundary  line  in  a  Southeasterly^  direc- 
tion partly  along  the  arc  of  a  curve  having  a  radius  of  378.31 
feet  and  deflecting  towards  the  left  and  partly  along  the  arc 
of  another  curve  having  a  radius  of  250.00  feet  and  deflecting 
towards  the  right  for  a  total  distance  of  310.00  feet  to  a 
point  of  another  curve;   thence  continuing  along  the  South- 
erly   boundary    line    of   said    Metroj^olitan    Water    Works 
right-of-way  along  the  arc  of  a  curve  iiaving  a  radius  of 
378.31  feet  and  deflecting  towards  the  left  for  a  distance  of 
86.21  feet,  more  or  less,  to  a  point  on  Dudley  Road;  tlience 
rimning   along   the    Westerly    boundary   of    Dudlev   Road 
South  10°  28'  15"  East  for  a  distance  of  540.70  feet  to  an 
angle;  thence  running  South  10°  16'  15"  East  for  a  distance 
of  100.00  feet  to  a  point  of  curve;    thence  running  in  a 
Southeasterly  direction  along  the  arc  of  a  curve  having  a 
radius  of  575.00  feet  and  deflecting  towards  the  left  for  a 
distance  of  273.76  feet  to  a  point;    thence  running  South 
37°  34'  35"  East  for  a  distance  of  1328.00  feet  to  a  point; 
thence  Southeasterly  by  a  curve  deflecting  to  the  left  having 
a  radius  of  473.61  feet  a  distance  of  46.21  feet  to  a  P.  R.  C; 
thence  Southerly  by  a  curve  deflecting  to  the  right  having  a 
radius  of  40.00  feet  a  distance  of  66.72  feet  to  a  P.  T.  on  the 
Northwesterly   side   line   of   Parker   Road;     thence   South 
52°  24'  05"  West  along  said  Parker  Road   1019.01   feet, 
more  or  less,  to  a  P.  C;    thence  Southerly  by  a  curve  de- 
flecting to  the  left  having  a  radius  of  100.00  feet  a  distance 
of  115.83  feet  to  a  P.  T.  on  the  Westerly  side  hne  of  Sted- 
man  Road;  thence  South  13°  54'  40"  East  along  said  Sted- 
man  Road  585.60  feet  to  a  P.  C;   thence  Southwesterly  by 
a  curve  deflecting  to  the  right  having  a  radius  of  40.00  feet 
a  distance  of  66.54  feet  to  a  P.  C.  C.  on  the  Northerly  side 
line  of  Fountain  Street;    thence  Westerly  by  a  curve  de- 
flecting to  the  risrht  having  a  radius  of  1116.29  feet  a  dis- 
tance of  99.04  feet  to  a  P.  T.;    thence  South  86°  29'  30" 
West  603.81  feet  to  a  P.  C;  thence  West  by  a  curve  deflect- 
ing to  the  left  having  a  radius  of  2862.79  feet  a  distance  of 
270.30  feet  to  the  point  of  beginning;    containing  144.53 
acres,  more  or  less. 


682  Acts,  1945. —  Chap.  639. 

2.  All  that  certain  piece  or  parcel  of  land  located  on  the 
Southwesterly  side  of  Trapelo  Road,  situated  in  the  city  of 
Waltham,  known  as  the  Waltham  Regional  Hospital,  and 
bounded  and  described  as  follows:  — 

Beginning  at  a  point  on  the  Southwesterly  side  line  of 
Trapelo  Road,  said  point  being  875  feet,  more  or  less, 
Southeasterly  along  said  side  line  from  the  Southeasterly 
side  line  of  Forest  Street  and  being  the  extreme  Easterly 
corner  of  land  of  Annie  W.  Lynch;  thence  South  31°  52'  23" 
East  along  said  Southwesterly  side  line  of  Trapelo  Road 
520.83  feet,  more  or  less,  to  a  stone  monument;  thence 
South  26°  34'  00"  East  along  said  side  line  344.71  feet, 
more  or  less,  to  land  of  the  Commonwealth  of  Massachu- 
setts; thence  South  35°  42'  34"  West  along  said  State  land 
833.81  feet,  more  or  less,  to  a  stone  monument;  thence 
South  36°  41'  37"  West  along  said  State  land  798.81  feet, 
more  or  less,  to  a  stone  monument;  thence  South  36°  41'  37" 
West  through  said  State  land  500  feet,  more  or  less,  to  a 
point;  thence  North  54°  21'  35"  West  626.74  feet,  more  or 
less,  to  the  Southeasterly  boundary  of  land  of  the  City  of 
Waltham;  thence  South  37°  29'  53"  West  along  said  bound- 
ary line  623.01  feet,  more  or  less,  to  a  stone  monument  at 
land  of  the  Massachusetts  Girl  Scouts  Incorporated;  thence 
North  38°  11'  40"  West  along  said  Scout  land  1218.55  feet, 
more  or  less,  to  a  point  on  the  Southeasterlj'-  side  line  of 
Forest  Street;  thence  along  said  side  line  by  the  following 
courses  and  distances:  North  47°  30'  10"  East  479.62  feet, 
more  or  less;  North  52°  28'  33"  East  198.64  feet,  more  or 
less;  North  46°  34'  11"  East  234.37  feet,  more  or  less; 
North  43°  08'  53"  East  353.14  feet,  more  or  less;  North 
45°  32'  41"  East  290.08  feet,  more  or  less;  North  35°  25'  35" 
East  801.47  feet,  more  or  less,  to  a  stone  monument  at  land 
of  said  Tynch;  thence  South  54°  14'  13"  East  along  land  of 
said  Ljmch  765.92  feet,  more  or  less,  to  a  stone  monument; 
thence  North  35°  11'  43"  East  along  land  of  said  Lynch 
450.44  feet,  more  or  less,  to  the  point  of  beginning;  con- 
taining 92.32  acres  of  land,  more  or  less. 

3.  All  that  certain  piece  or  parcel  of  land  located  between 
Fort  Hill  Avenue  and  Eastern  Boulevard,  situated  on  East- 
ern Point  in  the  city  of  Gloucester,  and  bounded  and  de- 
scribed as  follows :  — 

Beginning  at  a  stone  bo\md  in  the  Northeasterly  corner 
of  the  premises  herein  described,  said  point  being  South 
71°  32'  30.2"  West  946.34  feet,  more  or  less,  from  stone 
bound  #9,  shown  on  plan  recorded  in  the  Essex  County 
Registry  of  Deeds,  being  plan  #19,  Book  13;  thence  South 
16°  53'  54.8"  East  167.30  feet,  more  or  less,  to  a  U.  S.  E.  D. 
Disc;  thence  on  the  same  course  South  16°  53'  54.8"  East 
50.7  feet,  more  or  less,  to  high  water  line  of  the  Atlantic 
Ocean;  thence  Southwesterly  along  said  high  water  line 
110  feet,  more  or  less,  to  a  point;  thence  North  16°  53'  54.8" 
West  104.5  feet,  more  or  less,  to  a  U.  S.  E.  D.  Disc;  thence 
on  the  same  course  North  16°  53'  54.8"  West  134.50  feet, 


Acts,  1945.  —  Chap.  639.  683 

more  or  less,  to  a  stone  bound,  said  bound  being  North 
71°  34'  25.8"  East  323.80  feet,  more  or  less,  from  a  stone 
bound  shown  as  #10  on  the  above  described  plan;  thence 
North  73°  06'  05.2"  East  105.60  feet,  more  or  less,  to  the 
point  of  begimiing;  containing  .55  of  an  acre  of  land,  more 
or  less. 

4.  All  that  certain  piece  or  parcel  of  land  situated  at 
Gales  Point  in  the  town  of  Manchester,  and  bounded  and 
described  as  follows :  — 

Beginning  at  a  point  on  the  center  line  of  a  private  road; 
said  point  being  71.5  feet,  more  or  less.  Southwesterly  along 
said  center  line  from  the  Southeasterly  corner  of  land  of 
Louisa  V.  Stanwood,  also  being  the  Northeasterly  corner  of 
the  premises  herein  described;  thence  Southwesterly  along 
said  center  line  a  distance  of  122  feet,  more  or  less,  to  a 
point;  thence  South  88°  2'  30"  West  through  land  of  Mary 
B.  Sumner,  et  al,  a  distance  of  96.12  feet,  more  or  less,  to  a 
point;  thence  North  1°  57'  30"  West  through  land  of  said 
Sumner  a  distance  of  100  feet,  more  or  less;  thence  North 
88°  2'  30"  East  through  land  of  said  Sumner  a  distance  of 
162.26  feet,  more  or  less,  to  the  point  or  place  of  beginning, 
containing  .28  of  an  acre  of  land,  more  or  less. 

5.  All  that  certain  piece  or  parcel  of  land  situated  in  the 
town  of  Westport,  located  near  the  Southerly  end  of  a  point 
of  land  known  as  Gooseberry  Neck,  and  bounded  and 
described  as  follows :  — 

Beginning  at  the  Southeasterly  corner  of  the  parcel  of 
land  herein  described  at  a  point,  the  coordinates  of  which, 
referring  to  M.O.S.  "Gooseberry  Neck"  (U.S.E.  1934)  as 
the  zero  of  coordinates,  are  South  216.5  feet  and  East  125 
feet;  thence  by  a  new  division  line  through  land  formerly 
belongmg  to  Nick  Sahveros,  et  al.  North  84°  30'  West  about 
558  feet  to  the  high  water  mark  of  the  Atlantic  Ocean  on 
the  Westerly  side  of  the  said  pohit  of  land  known  as  Goose- 
berry Neck;  thence  by  the  high  water  mark  of  the  Atlantic 
Ocean  about  596  feet  in  a  general  Northerly  direction  to  a 
point  located  at  the  Northwesterly  corner  of  the  parcel  of 
land  herein  described  at  a  new  division  line  through  the 
said  land  of  Saliveros,  et  al;  thence  by  the  said  new  division 
line  through  the  land  of  Saliveros,  et  al.  South  84°  30' 
East  about  448  feet  to  the  Northeasterly  corner  of  the  tract 
herein  described;  thence  still  by  the  said  new  division  line 
and  by  the  said  land  of  Saliveros,  et  al.  South  12°  East  600 
feet  to  the  point  or  place  of  beginning;  containing  6.5  acres 
of  land,  more  or  less. 

6.  All  that  certain  piece  or  parcel  of  land  located  on 
Halibut  Point,  situated  in  the  town  of  Rockport,  and 
bounded  and  described  as  follows :  — 

Beginning  at  a  point  113.61  feet  distant  at  the  end  of  a 
course  having  a  bearing  of  North  63°  34'  43"  West  from  the 
U.S.C.  &  G.S.  No.  136;  thence  through  land  formerly  be- 
longing to  Courtney  Wright  the  following  courses  and  dis- 
tances:  North  71°  54'  14"  East  225.00  feet,  more  or  less; 


684  Acts,  1945. —  Chap.  639. 

South  18°  5'  46"  East  105.00  feet,  more  or  less;  South 
71°  54'  14"  West  225.00  feet,  more  or  less;  North  18°  5'  46" 
West  105.00  feet,  more  or  less,  to  the  point  of  beginning; 
containing  0.54  of  an  acre  of  land,  more  or  less. 

7.  All  that  certain  piece  or  parcel  of  land  situated  on  the 
Easterly  side  of  Ocean  avenue  and  the  Northerly  side  of 
Beach  Lane,  in  the  Town  of  Marblehead,  and  bounded  and 
described  as  follows: 

Beginning  at  a  point  in  the  extreme  Southwesterly  corner 
of  the  premises  herein  described  and  at  the  intersection  of 
the  Northerly  boundar}^  line  of  Beach  Lane,  so-called,  with 
the  Easterly  boundary  line  of  Ocean  Avenue;  thence  North- 
westerly along  said  Easterly  boundary  hne  of  Ocean  Avenue 
211.66  feet  to  a  stone  bound  at  a  point  of  curve;  thence 
along  said  Easterly  boundary  line  on  the  arc  of  a  curve, 
defiectuig  to  the  right,  having  a  radius  of  608.50  feet,  a 
distance  of  59.21  feet,  more  or  less,  to  the  Southwesterly 
corner  of  land  now  or  formerly  belonging  to  Richard  E. 
Traiser;  thence  South  87°  17'  56"  East  along  land  of  said 
Traiser  482.22  feet,  more  or  less,  to  the  mean  high  water 
line  of  the  Atlantic  Ocean;  thence  Easterly  to  the  mean  low 
water  line;  thence  Southerly  along  said  mean  low  water 
line  103  feet,  more  or  less,  to  land  now  or  formerly  of  Edith 
C.  Sanger;  thence  South  68"  05'  20"  West  along  land  of 
said  Sanger  to  said  mean  high  water  line;  thence  continuing 
on  the  same  course  and  along  land  of  said  Sanger  111  feet, 
more  or  less,  to  a  point  on  the  Southerly  boundary  line  of 
aforesaid  Beach  Lane;  thence  North  07°  19'  10"  West 
across  the  Easterly  end  of  said  land  31.78  feet,  more  or  less, 
to  a  point  on  the  Northerly  side  line  of  said  Beach  Lane; 
thence  Southwe.sterly  along  said  side  line  343.82  feet,  more 
or  less,  to  the  point  of  beginning;  containing  1.88  acres  of 
land,  more  or  less. 

8.  All  that  certain  piece  or  parcel  of  land  situated  on  the 
Southeasterly  side  of  Ocean  avenue,  in  said  town  of  Marble- 
head,  an-d  bounded  and  described  as  follows:  — 

Beginning  at  a  point  on  the  Southeasterly  side  line  of 
Ocean  Avenue,  said  point  being  the  extreme  Noj-therly 
corner  of  land  of  William  S.  Bigelow  and  the  extreme  West- 
erly corner  of  the  premises  herein  described;  thence  North- 
easterly along  said  side  hne  87.50  feet,  more  or  less,  to  the 
Southwesterly  side  line  of  a  road;  thence  Southeasterly 
along  side  line  of  said  road  92.91  feet,  more  or  less,  to  land 
of  G.  Lowell;  thence  South  55°  35'  West  along  land  of  said 
Lowell  118.44  feet,  more  or  less,  to  land  of  aforesaid  Bige- 
low; thence  North  32°  00'  West  along  land  of  said  Bigelow 
90.00  feet,  more  or  less,  to  the  point  of  begimnng;  con- 
taining .2  of  an  acre  of  land,  more  or  less. 

9.  All  that  certain  piece  or  parcel  of  land  situated  on 
Mishaum  Point,  so-called,  in  the  town  of  Dartmouth,  and 
bounded  and  described  as  follows :  — 

Beginning  at  the  Northeasterly  corner  of  the  land  herein 
described  on  the  shore  of  Buzzards  Bay  and  at  land  of 


Acts,  1945.  —  Chap.  639.  685 

Alice  L.  Chubb,  the  point  of  beginning,  being  at  the  M.H.W. 
mark  and  on  a  hne  between  a  copper  pkig  set  in  a  large 
boulder  and  the  drill  hole  at  an  angle  point  in  the  stone  wall 
upon  the  boundary  of  land  of  the  said  Alice  L.  Chubb,  and 
being  located  11.1  feet  Westerly  as  measured  along  the  said 
line  from  the  copper  plug;  thence  Westerly  along  land  of 
the  said  Alice  L.  Chubb  by  the  line  aforesaid  between  the 
copper  plug  and  the  drill  hole  in  the  stone  wall  a  distance 
of  290.3  feet  to  an  angle  point  in  the  stone  wall  marked  by 
the  said  drill  hole;  thence  deflecting  00°  36'  to  the  right 
from  the  last  course  and  running  still  by  the  land  of  the  said 
Alice  L.  Chubb  a  distance  of  172.6  feet  to  the  center  line  of 
a  forty-foot  right-of-way;  thence  in  a  Southerly  direction 
making  a  deflection  of  92°  16'  to  the  left  from  the  last  course 
and  running  still  by  the  land  of  the  said  Alice  L.  Chubb  a 
distance  of  151.9  feet  to  a  stake;  thence  in  a  Westerl}'  direc- 
tion making  a  deflection  of  95°  06'  30"  to  the  right  from  the 
last  course  and  running  still  by  the  land  of  the  said  Alice  L. 
Chubb  a  distance  of  508.5  feet  to  the  M.H.W.  mark  on  the 
shore  of  Buzzards  Bay,  so-called,  the  last  course  being  on  a 
line  between  a  stake  and  a  drill  hole  in  a  large  rock  on  the 
shore;  thence  by  the  M.H.W.  mark  upon  the  shore  of 
Buzzards  Baj'^  around  Mishaum  Point,  so-called,  in  a  gen- 
eral Southerly,  Easterly  and  Northerly  direction  a  distance 
of  3400  feet,  more  or  less,  to  the  point  or  place  of  beginning; 
comprising  26.84  acres  of  land,  more  or  less. 

Section  2.  Jurisdiction  over  the  above  described  lands 
is  hereby  granted  and  ceded  to  the  United  States  of  America, 
but  upon  tlie  express  condition  that  the  Commonwealth 
shall  retain  concurrent  jurisdiction  with  the  United  States 
of  America  in  and  over  said  lands,  hi  so  far  that  all  civil 
processes  and  such  criminal  processes  as  may  issue  under 
the  authority  of  the  commonwealth  against  anj'  person  or 
persons  charged  with  crimes  committed  without  said  lands 
and  all  processes  for  collection  of  taxes  levied  under  au- 
thority of  the  laws  of  the  commonwealth,  including  the 
service  of  warrants,  maj''  be  executed  thereon  in  the  same 
manner  as  though,  this  cession  had  not  been  granted;  pro- 
vided, that  the  jurisdiction  in  and  over  the  lands  described 
in  subdivisions  1  and  2  of  section  one  shall  revert  to  and 
revest  in  the  commonwealth  whenever  such  areas  shall 
cease  to  be  used  f,>r  the  purposes  set  forth  in  section  one, 
and  that  the  jurisdiction  in  and  over  the  lands  described  in 
subdivisions  3  to  9,  inclusive,  of  section  one  shall  revert  to 
and  revest  in  the  commonwealth  upon  the  expiration  of 
six  months  after  the  termination  of  the  existing  states  of 
war  between  the  United  States  and  certain  foreign  coun- 
tries, or  whenever  such  areas  shall  cease  to  be  used  for  the 
purposes  set  forth  in  section  one,  whichever  first  occurs; 
and  provided,  further,  that  any  consent  to  the  acquisition 
of,  or  any  jurisdiction  over,  public  rights  in  navigable  waters 
is  expressly  excluded  from  this  grant  and  chapter  ninety- 
one  of  the  General  Laws  shall  apply  to  any  encroachment, 


686  Acts,  1945.  —  Chap.  640. 

filling  or  structure  placed  in  the  tide  waters  of  the  common- 
wealth. 

Section  3.  This  act  shall  take  full  effect  as  to  each  piece 
or  parcel  of  land  acquired  under  the  authority  of  section 
one  upon  the  depositing  in  the  office  of  the  state  secretary 
before  December  thirty-first,  nineteen  hundred  and  forty- 
six,  of  a  suitable  plan  of  said  parcel,  but  not  otherwise. 

Approved  July  IS,  1945. 

C/iap. 640  An  Act  establishing  a  mosquito  control  project  at 

palmer's  pond  in  swampscott. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  department  of  public  works,  hereinafter 
referred  to  as  the  department,  is  hereby  authorized  and 
directed  with  the  advice  and  approval  of  the  state  reclama- 
tion board  and  the  department  of  public  health  to  construct, 
lay  and  maintain  such  drains  as  may  be  necessary  to  lower 
the  water  of  Palmer's  pond,  in  the  town  of  Swampscott,  and 
to  remove  surface  and  ground  waters  tributary  to  said  pond 
and  to  carry  on  such  dredging  and  filling  operations  as  may 
be  necessary  in  and  about  said  pond,  including  the  removal 
of  organic  growths  from  said  pond  and  the  shores  thereof, 
and  to  carry  out  a  program  of  mosquito  control  in  relation 
to  said  pond. 

Section  2.  For  the  purposes  aforesaid  the  department 
may  acquire  bj'^  eminent  domain  under  chapter  seventy-nine 
of  the  General  Laws  or  by  lease,  purchase,  gift,  devise  or 
otherwise,  and  hold,  all  lands,  rights  of  way  and  other  ease- 
ments necessary  for  carrying  out  said  purposes  and  may 
acquire  any  appliances,  works,  tools,  machinery  and  other 
equipment  that  may  be  necessary  or  expedient  in  carrying 
out  the  provisions  of  this  act.  The  department  may  con- 
struct and  maintain  on  the  lands  acquired  and  held  under 
this  act  such  drains  and  other  works  as  may  be  necessary 
and  may  dredge  and  fill  such  lands,  construct  dikes,  raise 
or  lower  embankments  and  raise  or  lower  the  water  level  of 
said  pond. 

Section  3.  The  lands,  water  rights  and  other  property 
taken  or  acquired  under  this  act  and  all  works,  buUdings 
and  other  structures  erected  or  constructed  thereunder,  shall 
be  managed,  improved  and  controlled  by  the  department. 

Section  4.  Beginning  with  the  fiscal  year  commencing 
on  July  first,  nineteen  hundred  and  forty-five,  to  meet  the 
expenses  incurred  under  this  act,  there  shall  annually  be  ex- 
pended from  the  state  treasury,  subject  to  appropriation, 
sums  equal,  in  the  aggregate,  to  thirty-five  cents  on  each 
one  thousand  dollars  of  the  valuation  of  property  of  such 
town  as  last  established  by  the  general  court  as  a  basis  of 
apportionment  for  state  and  county  taxes,  and  the  sums  so 
expended  shall  be  assessed  by  the  state  treasurer  on  said 
town  as  an  addition  to  its  quota  of  the  state  tax  next  to  be 
assessed;  provided,  that  such  town  may  in  any  year  antici- 


Acts,  1945.  — Chap.  641.  687 

pate  in  whole  or  in  part  its  assessment,  and  appropriate, 
raise  and  deposit  the  amount  thereof  with  the  state  treas- 
urer, and  any  sum  so  deposited  shall  be  credited  against  such 
assessment.  There  may  also  be  expended  for  the  purposes 
of  this  act  voluntary  contributions  for  such  purposes  de- 
posited in  the  state  treasury. 

Section  5.  This  act  shall  take  full  effect  upon  its  accept- 
ance by  vote  of  the  town  meeting  members  of  the  town  of 
Swampscott  at  a  town  meeting,  but  not  otherwise. 

Approved  July  18,  1945. 

An  Act  relative  to  the  payment  of  annuities  to  de-  (7/ia».641 

PENDENTS  OF  CERTAIN  EMPLOYEES  OF  THE  DEPARTMENT 
OF  LABOR  AND  INDUSTRIES,  KILLED  OR  DISABLED  FROM 
INJURIES  RECEIVED  OR  HAZARDS  UNDERGONE  IN  THE  PER- 
FORMANCE   OF   DUTY. 

Be  it  enacted,  etc.,  as  follows: 

Section  eighty-nine  of  chapter  thirty-two  of  the  General  ^do,'  32!^'^' 
Laws,  as  most  recently  amended  by  chapter  three  hundred  §  89,' etc., 
and  sixty-six  of  the  acts  of  nineteen  hundred  and  forty-    ""^ 
three,  is  hereby  further  amended  by  striking  out  the  word 
"of",  where  said  word  first  occurs  in  the  sixth  line,  and  in- 
serting in  place  thereof  the  words:  —  ,  investigator  or  indus- 
trial relations  adjuster  in,  —  so  that  the  first  sentence  will 
read  as  follows :  —  If  a  member  of  the  police  or  fire  force,  or  Annuities  to 
a  forest  warden,  of  a  city  or  town,  or  a  member  of  the  de-  oFpoullmen 
partment  of  public  safety  doing  police  duty,  or  an  investi-  pr  ,^'^^"'*=" 
gator  or  examiner  of  the  registry  of  motor  vehicles  in  the  in  per'form- 
department  of  public  works  doing  police  duty,  or  an  inspec-  ^"'^'^  °^  ^"*^- 
tor,  investigator  or  industrial  relations  adjuster  in  the  de- 
partment of  labor  and  industries,  or  a  prison  officer  or  any 
technical  employee  of  the  department  of  public  works  or 
public  health,  of  the  metropolitan  district  commission,  or 
of  the  division  of  metropolitan  planning,  included  in  class 
twenty-seven  of  rule  four  of  the  civil  service  rules,  is  killed, 
or  dies  from  injuries  received,  or  dies  as  a  natural  and  proxi- 
mate result  of  undergoing  a  hazard  peculiar  to  his  employ- 
ment, while  in  the  performance  of  his  duty,  and  it  shall  be 
proved  to  the  satisfaction  of  the  appropriate  public  author- 
ity as  hereinafter  defined  that  such  death  was  the  natural 
and  proximate  result  of  an  accident  occurring,  or  of  under- 
going a  hazard  peculiar  to  his  employment,  while  he  was 
acting  in  the  performance  and  within  the  scope  of  his  duty, 
and  a  majority  of  the  members  of  a  board  consisting  of  two 
physicians  designated  by  the  public  authority  hereinafter 
defined,  and  one  physician  to  be  designated  by  the  commis- 
sioner of  public  health  shall  certify  to  the  treasurer  of  the 
body  politic  and  corporate  by  which  the  compensation  of 
such  deceased  person  was  payable,  that  the  death  was  the 
natural  and  proximate  result  of  the  said  injury  or  hazard, 
there  shall,  except  as  hereinafter  provided,  be  paid  out  of 
the  treasury  of  such  body  politic  and  corporate,  to  the  fol- 


688  Acts,  1945.  — Chap.  642. 

lowing  dependents  of  such  deceased  person  the  following  an- 
nuities: To  the  widow,  so  long  as  she  remains  unmarried, 
an  annuity  not  exceeding  one  thousand  dollars  a  year,  in- 
creased by  not  exceeding  two  hundred  dollars  for  each  child 
of  such  deceased  person  during  such  time  as  such  child  is 
under  the  age  of  eighteen  or  over  said  age  and  physically  or 
mentally  incapacitated  from  earning;  and,  if  there  is  any 
such  child  and  no  widow  or  the  widow  later  dies,  such  an 
annuity  as  would  have  been  payable  to  the  widow  had  there 
been  one  or  had  she  lived,  to  or  for  the  benefit  of  such  child, 
or  of  such  children  in  equal  shares,  during  the  time  afore- 
said; and,  if  there  is  any  such  child  and  the  widow  remar- 
ries, in  lieu  of  the  aforesaid  annuity  to  her,  an  annuity  not 
exceeding  two  hundred  and  sixty  dollars  to  or  for  the  benefit 
of  each  such  child  during  the  time  aforesaid;  and,  if  there  is 
no  widow  and  no  such  child,  an  annuity  not  exceeding  one 
thousand  dollars  to  or  for  the  benefit  of  the  father  or  mother 
of  the  deceased,  or  to  or  for  the  benefit  of  an  unmarried  or 
widowed  sister  of  the  deceased  with  whom  he  was«  living  at 
the  time  of  his  death,  if  such  father,  mother  or  sister  was 
dependent  upon  him  for  support  at  the  time  of  his  death, 
during  such  time  as  such  beneficiary  is  unable  to  support 
himself  or  herself  and  does  not  marry. 

Approved  July  18,  1946. 

Chap. 642  ^^  ^^i"  granting  the  consent  of  the  commonwealth 

TO  THE  ACQUISITION  BY  THE  UNITED  STATES  OF  AMERICA 
OF  CERTAIN  LANDS  FOR  USE  AS  NAVAL  ESTABLISHMENTS 
AND  GRANTINCt  AND  CEDING  JURISDICTION  OVER  SUCH 
LANDS. 

Be  it  enacted,  etc.,  as  folloius: 

Section  1.  Subject  to  the  conditions  hereinafter  im- 
posed, the  consent  of  the  commonwealth  is  hereby  granted 
to  the  acquisition  by  the  United  States  of  America  of  the 
following  described  parcels  of  land  for  use  by  the  Navy  De- 
partment in  connection  with  the  war  effort  and  for  the  pur- 
poses hereinafter  stated. 

1.  All  those  certain  two  pieces  or  parcels  of  land  in  the 
town  of  Marshfield,  being  the  same  premises  acquired  by 
the  United  States  for  the  establishment  of  a  coast  guard 
station  in  fee  simple  by  a  declaration  of  taking  filed  Feb- 
ruary 18,  1942,  in  the  district  court  of  the  United  States  for 
the  district  of  Massachusetts  in  the  case  of  the  United  States 
of  America  v.  Certain  lands  in  the  town  of  Marshfield, 
Plymouth  county,  Massachusetts,  and  Dr.  Daniel  L.  Hunt 
et  al.,  bounded  and  described  as  follows:  — 

Parcel  A.  Beginning  at  a  point  at  the  intersection  of  the 
mean  center  line  of  a  stone  wall  on  the  boundary  line  be- 
tween the  properties  of  Daniel  L.  Hunt  and  William  E. 
Schlusemeyer  and  the  eastei'ly  boundary  line  of  the  new 
right  of  way  South  River  street  in  the  town  of  Marshfield, 
Mass.:  thence  N.  77°  21'  45"  E.  a  distance  of  1,831.26  feet 


Acts,  1945.  —  Chap.  642.  689 

along  the  extended  mean  center  line  of  said  stone  wall  to  a 
point,  which  point  is  designated  by  the  letter  R;  thence 
N.  77°  21'  45"  E.  along  an  extension  of  the  preceding  line  a 
distance  of  45  feet  to  a  point  at  the  intersection  of  said  line 
with  the  center  line  of  an  unnamed  creek  which  meanders 
northwestward  from  Clapps  creek;  thence  northwestwardly 
along  the  center  line  of  the  aforementioned  unnamed  creek 
to  a  point  on  the  center  line  of  said  creek;  thence  N.  74° 
01'  00"  W.  a  distance  of  12  feet  to  a  point,  which  point  is 
designated  by  the  letter  S,  which  point  S  may  be  readily 
located  by  a  traverse  line  commencing  at  the  aforementioned 
point  designated  by  the  letter  R,  and  proceeding  N.  59°  06' 
30"  W.  a  distance  of  721.52  feet  to  the  aforementioned  point 
designated  by  the  letter  S;  thence  N.  74°  01'  00"  W.  a  dis- 
tance of  379.96  feet  along  the  extended  mean  center  line  of 
a  stone  wall  to  a  point;  thence  N.  82°  42'  15"  W.  a  distance 
of  242.21  feet  along  the  extended  mean  center  line  of  a  stone 
wall  to  a  point  at  the  intersection  of  the  said  mean  center 
line  with  a  circular  curve  defining  the  southeasterly  boundary 
of  the  new  right  of  way  for  Ferry  street,  thence  southwest- 
wardly  by  the  aforementioned  circular  curve  to  the  right  of 
radius  588.49  feet  a  distance  of  349.84  feet  along  the  arc  of 
said  curve  to  a  concrete  bound  with  bronze  top  plate;  thence 
S.  60°  05'  45"  W.  a  distance  of  368.15  feet  to  a  concrete 
bound  with  bronze  top  plate;  thence  by  a  circular  curve  to 
the  left  of  radius  186.00  feet  a  distance  of  245.38  feet  along 
the  arc  of  said  curve  to  a  concrete  bound  with  bronze  top 
plate;  thence  S.  15°  31'  45"  E.  a  distance  of  278.50  feet  to 
the  point  of  beginning,  containing  22  acres  of  land  more  or 
less. 

Parcel  B.  Beginning  at  a  point  at  the  intersection  of  the 
mean  center  line  of  a  stone  wall  on  the  boundary  line  be- 
tween the  properties  of  Daniel  L.  Hunt  and  William  E. 
Schlusemeyer  and  the  easterly  boundary  line  of  the  new  right 
of  way  of  South  River  street  in  the  town  of  Marshfield, 
Massachusetts;  thence  S.  15°  31'  45"  E.  a  distance  of  39.12 
feet  to  a  concrete  bound  with  bronze  top  plate;  thence  by 
a  circular  cui-ve  to  the  left  of  radius  480.00  feet  a  distance  of 
333.45  feet  along  the  arc  of  said  curve  to  a  concrete  bound 
with  bronze  top  plate;  thence  S.  55°  19'  00"  E.  a  distance 
of  231.06  feet  to  a  concrete  bound  with  bronze  top  plate; 
thence  by  a  circular  curve  to  the  right  of  radius  720.00  feet 
a  distance  of  436.96  feet  along  the  arc  of  said  curve  to  a 
point  at  the  intersection  of  said  curve  with  the  mean  center 
line  of  a  stone  wall  bearing  to  the  left;  thence  N.  72°  45'  00" 
E.  a  distance  of  82.87  feet  along  the  mean  center  line  of  said 
stone  wall  to  a  point  at  the  intersection  of  said  mean  center 
line  with  the  mean  center  line  of  a  stone  wall  bearing  to  the 
right;  thence  S.  15°  46'  45"  E.  a  distance  of  18.80  feet  along 
the  mean  center  line  of  a  stone  wall  to  a  point  at  the  inter- 
section of  said  mean  center  line  with  the  mean  center  line 
of  a  stone  wall  bearing  to  the  left;  thence  N.  78°  03'  45"  E. 
a  distance  of  266.23  feet  along  the  mean  center  line  of  a  stone 


690  Acts,  1945.  —  Chap.  642. 

wall  extended  to  a  point  at  the  intersection  of  said  mean 
center  line  extended  with  the  extended  mean  center  line  of 
a  stone  wall  bearing  to  the  left;  thence  N.  12°  49'  15"  E. 
a  distance  of  321.16  feet  along  the  mean  center  line  of  a  stone 
wall  to  a  point  at  the  intersection  of  said  mean  center  line 
with  the  mean  center  line  of  a  wall  bearing  to  the  right; 
thence  N.  76°  30'  15"  E.  a  distance  of  1,077.90  feet  along 
the  extended  mean  center  line  of  a  stone  wall  to  a  point, 
which  point  is  designated  by  the  letter  P;  thence  N.  76° 
30'  15"  E.  along  an  extension  of  the  preceding  line  a  dis- 
tance of  135  feet  to  a  point  at  the  intersection  of  said  line 
with  the  center  line  of  Clapps  creek;  thence  meandering 
northward  along  the  center  line  of  Clapps  creek  to  a  point 
at  the  intersection  of  Clapps  creek  with  center  line  of  an 
unnamed  creek  which  meanders  northwestward  from  Clapps 
creek;  thence  northwestwardly  along  the  center  line  of  the 
aforementioned  unnamed  creek  to  a  point  on  the  center  line 
of  said  creek;  thence  S.  77°  21'  45"  W.  a  distance  of  45  feet 
to  a  point,  which  point  is  designated  by  the  letter  R,  which 
point  R  may  be  readily  located  by  a  traverse  line  commenc- 
ing at  the  aforementioned  point  designated  by  the  letter  P 
and  proceeding  N.  19°  23'  45"  E.  a  distance  of  491.49  feet 
to  a  point,  thence  N.  80°  32'  15"  W.  a  distance  of  502.20 
feet  to  the  aforementioned  point  designated  by  the  letter  R; 
thence  S.  77°  21'  45"  W.  a  distance  of  1,831.26  feet  to  the 
point  of  beginning,  containing  32  acres  of  land  more  or  less. 

2.  All  those  certain  two  pieces  or  parcels  of  land  situated 
in  that  part  of  Boston  called  South  Boston,  being  the  same 
premises  acquired  by  the  United  States  for  the  establish- 
ment of  Receiving  Ship  Facilities  in  fee  simple  by  a  declara- 
tion of  taking  filed  December  26,  1941,  in  the  district  court 
of  the  United  States  for  the  district  of  Massachusetts  in  the 
case  of  the  United  States  of  America  v.  3.5  acres  of  land 
more  or  less,  in  South  Boston,  Massachusetts,  Fargo  Real 
Estate  Trust  Co.,  et  ah,  Civil  No.  6456,  and  bounded  and 
described  as  follows :  — 

Parcel  A.  Beginning  at  a  pouit  at  the  northwesterly 
corner  of  the  herein  described  parcel,  said  point  being  at  the 
intersection  of  the  easterly  side  line  of  D  street  with  the 
southerly  side  line  of  Summer  street;  thence  northeasterly 
on  the  southerly  side  line  of  Summer  street  473.95  feet  to  a 
point;  thence  southeasterly  on  the  westerly  side  line  of  E 
street  273.12  feet  to  a  point;  thence  southwesterly  on  the 
northerly  side  line  of  Fargo  street  478.66  feet  to  a  point; 
thence  northwesterly  on  the  easterly  side  line  of  D  street 
272.67  feet  to  the  point  of  beginning,  containmg  3.001  acres 
of  land  more  or  less. 

Parcel  B.  Begmning  at  a  point  on  the  southerly  line  of 
Fargo  street,  said  pouit  being  122.17  feet  southeasterly  from 
the  easterly  side  line  of  D  street;  thence  southeasterly  on 
the  said  southerly  line  of  Fargo  street  82.17  feet  to  a  pro- 
posed street;  thence  southwesterly  on  the  westerly  side  line 
of  said  proposed  street  and  parallel  to  the  easterly  side  line 


Acts,  1945.  —  Ghap.  642.  691 

of  said  D  street  265  feet;  thence  northwesterly  parallel  to 
said  southerly  side  line  of  Fargo  street  82.17  feet  to  a  point; 
thence  northeasterlj^  parallel  with  said  easterly  line  of  said 
D  street  265  feet  to  the  point  of  beginning,  containing  0.499 
of  an  acre,  more  or  less. 

3.  All  that  certain  piece  or  parcel  of  land  situated  in  that 
part  of  Boston  called  South  Boston,  being  the  same  premises 
acquired  by  the  United  States  for  the  expansion  of  Receiv- 
ing Ship  Facihties  and  Housing  in  fee  simple  by  a  declara- 
tion of  taking  filed  April  16,  1942,  in  the  district  court  of 
the  United  States  for  the  district  of  Massachusetts  in  the 
case  of  the  United  States  of  America  v.  0.941  of  an  acre  of 
land  in  South  Boston,  Suffolk  county,  Massachusetts,  and 
Norfolk  Trust,  Edmund  Rice,  Trustee,  et  al.,  Civil  No. 
6517,  bounded  and  described  as  follows:  — 

Northeasterly  on  Summer  street  300.30  feet; 
Southerly  on  Fargo  street  406.33  feet; 
Northwesterly  on  E  street  273.12  feet,  —  containing  0.941 
of  an  acre  of  land  more  or  less. 

4.  All  that  certain  piece  or  parcel  of  land  situated  in  the 
town  of  Weymouth,  being  the  same  premises  acquired  by  the 
United  States  for  the  establishment  of  a  safety  zone  in  fee 
simple  by  a  declaration  of  taking  filed  February  13,  1942, 
in  the  district  court  of  the  United  States  for  the  district  of 
Massachusetts  in  the  case  of  the  United  States  of  America 
V.  72.56  acres  of  land  in  the  town  of  Weymouth,  Norfolk 
county,  Massachusetts,  George  A.  Arnold,  et  al.,  Civil  No. 
6484  bounded  and  described  as  follows :  — 

Beginning  at  a  stone  monument  at  the  northeasterly 
corner  of  the  parcel  herein  described,  thence  running  S.  0° 
OV  59"  E.  a  distance  of  379.09  feet  to  a  stone  monument; 
thence  running  S.  0°  37'  16"  W.  a  distance  of  388.98  feet  to 
a  stone  monument;  thence  running  N.  88°  11'  11"  W.  a 
distance  of  360  feet;  thence  running  S.  3°  46'  13"  E.  a  dis- 
tance of  592.93  feet;  thence  running  S.  2°  17'  00"  E.  a  dis- 
tance of  865.72  feet;  thence  running  S.  26°  24'  46"  W.  a 
distance  of  1,197.03  feet;  thence  running  S.  58°  27'  28"  W. 
a  distance  of  144.90  feet  to  the  northeasterly  side  of  the  Old 
Colony  railroad,  the  last  seven  courses  and  distances  being 
the  same  as  shown  on  other  plan  of  proposed  I/ighter-Than- 
Air  Base  dated  September  8,  1941;  thence  mnning  N.  25° 
07'  17"  W.  along  the  northeasterly  side  of  said  railroad  a 
distance  of  771  feet;  thence  nmning  northwesterly  by  a  curve 
to  the  right  having  a  radius  of  2,827.81  feet,  a  distance  of 
152.95  feet;  thence  running  N.  4°  31'  34"  W.  by  land  of  the 
Commonwealth  of  Massachusetts,  a  distance  of  64.12  feet; 
thence  running  S.  89°  12'  32"  W.  by  land  of  the  Common- 
wealth of  Massachusetts,  a  distance  of  11.5  feet  to  the  east- 
erly side  of  a  state  highway  known  as  Main  street;  thence 
running  N.  0°  47'  28"  W.  by  the  easterly  side  of  said  Main 
street  a  distance  of  1,735.54  feet;  thence  running  S.  88° 
11'  11"  E.  a  distance  of  200  feet;  thence  running  N.  0°  47' 
28"  W.  a  distance  of  788.20  feet;  thence  running  S.  88°  08' 


692  Acts,  1945.  —  Chap.  642. 

57"  E.  a  distance  of  180.81  feet;  thence  running  S.  89*  05' 
56"  E.  a  distance  of  389.14  feet;  thence  running  S.  87*  30' 
56"  E.  a  distance  of  454.19  feet;  thence  running  S.  87*  04' 
59"  E.  a  distance  of  162.90  feet  to  the  point  of  beginning, 
containing  72.56  acres  of  land,  more  or  less. 

5.  All  that  certain  piece  or  parcel  of  land  situated  in 
said  town  of  Weymouth,  being  the  same  premises  acquired 
by  the  United  States  for  an  addition  to  the  Naval  Air  Sta- 
tion at  South  Weymouth,  Massachusetts,  in  fee  simple  by  a 
declaration  of  taking  filed  October  13,  1943,  in  the  district 
court  of  the  United  States  for  the  district  of  Massachusetts 
in  the  case  of  the  United  States  of  America  v.  0.508  of  an 
acre  of  land  in  Weymouth,  Norfolk  county,  Massachusetts, 
and  Edward  G.  Bloxham,  et  al..  Civil  No.  6653,  and  bounded 
and  described  as  follows :  — 

Beginning  at  a  boundary  corner  stake  on  the  east  side  of 
White  street,  being  98.50  feet  from  a  stone  bound  on  the 
east  line  of  said  street,  and  on  the  division  line  between  the 
lands  of  Frank  M,  Weymouth  and  Michuel  Volungevicius, 
Jr. ;  thence  S.  54*  58'  25"  E.,  along  said  line  and  its  prolonga- 
tion, 260.00  feet,  to  a  boundary  corner  stake  on  the  east  line 
of  the  lands  of  the  United  States  (Lighter-Than-Air  Base); 
thence  S.  35°  01'  35"  W.  along  said  lands  54.81  feet  to  a 
property  corner  of  the  lands  of  the  United  States;  thence 
N.  68°  07'  40"  W.  along  said  lands  of  the  United  States, 
267.00  feet  to  a  stake  at  a  corner  of  said  lands  of  the  east  side 
of  White  street;  thence  N.  35°  01'  35"  E.,  along  the  east  side 
of  White  street,  115.43  feet  to  the  point  of  beginning,  con- 
taining 22,112.80  feet  (0.508  acres,  more  or  less). 

6.  All  that  certain  piece  or  parcel  of  land  situated  in  the 
town  of  Hingham,  being  the  same  premises  acquired  by  the 
United  States  of  America  for  the  establishment  of  an  Acety- 
lene Gas  Plant  in  fee  simple  by  declaration  of  taking  filed 
June  15,  1942,  in  the  district  court  of  the  United  States  for 
the  district  of  Massachusetts  in  the  case  of  the  United  States 
of  America  v.  4  acres  of  land,  more  or  less,  in  Hingham, 
Plymouth  county,  Massachusetts,  and  Harry  L.  White, 
et  al..  Civil  No.  6541  and  bounded  and  described  as  follows:  — 

Beginning  at  a  point  which  is  the  intersection  of  the  north- 
erly street  line  of  Lincoln  street  in  the  town  of  Hingham  and 
the  present  westerly  boundary  line  of  the  Bethlehem-Hing- 
ham  Shipyard,  Inc.;  thence  S.  70*  52'  39"  W.  450  feet  to  a 
point;  thence  N.  19°  07'  21"  W.  365  feet  to  a  point;  thence 
N.  70°  52'  39"  E.  210  feet  to  a  point;  thence  N.  19°  07'  21" 
W.  130  feet,  more  or  less,  to  the  mean  high  water  line  of  the 
Weymouth  Back  river;  thence  in  a  southeasterly  direction 
along  the  mean  high  water  line  of  the  Weymouth  Back  river 
to  the  intersection  of  the  west  property  line  of  the  Bethlehem- 
Hingham  Shipyard,  Inc.;  thence  S.  19*  07'  21"  E.  along 
the  west  line  of  the  Bethlehem-Hingham  Shipyard,  Inc.,  325 
feet,  more  or  less,  to  the  place  of  beginning,  containing  4 
acres,  more  or  less. 

7.  All  that  certain  piece  or  parcel  of  land  situated  in  said 


Acts,  1945.  —  Chap.  642.  693 

town  of  Hingham,  being  the  same  premises  acquired  by  the 
United  States  for  the  establishment  of  an  Access  road  to  the 
Bethlehem-Hingham  Shipyard,  Inc.,  in  fee  simple  by  a 
declaration  of  taking  filed  June  22,  1942,  in  the  district  court 
of  the  United  States  for  the  district  of  Massachusetts  in  the 
case  of  the  United  States  of  America  v.  5.66  acres  of  land, 
more  or  less,  in  Hingham,  Plymouth  county,  Massachusetts, 
and  Mary  L.  Hershey  et  al.,  Civil  No.  6515,  and  bounded  and 
described  as  follows :  — 

Beginning  at  a  Hingham  highway  bound  which  is  the 
intersection  of  the  easterly  line  of  West  street  and  the  prop- 
erty line  now  or  formerly  of  one  Earle  Robinson,  and  now  or 
formerly  of  one  Augustine  Higgins;  thence  N.  36°  03'  40" 
W.  132.37  feet  to  a  stone  bound;  thence  continuing  along 
the  arc  of  a  curve  of  radius  27.35  feet,  49.64  feet  to  a  point; 
thence  N.  67°  55'  20"  E.  a  distance  of  359.53  feet  to  a  stone 
bound;  thence  N.  61°  27' 40"  E.  62.77  feet  to  a  point;  thence 
S.  48°  10'  25"  E.  288  feet,  more  or  less  to  the  center  line  of 
the  Main  Ditch;  thence  running  northeasterly  by  the  center 
line  of  said  Main  Ditch  256  feet,  more  or  less  to  a  point; 
thence  S.  43°  24'  40"  E.  73  feet  to  a  point;  thence  by  the 
arc  of  a  curve  of  radius  1,200  feet  more  or  less,  a  distance  of 
661.93  feet  to  a  point;  thence  N.  8°  22'  00"  W.  62.41  feet 
to  a  point;  thence  N.  46°  10'  50"  W.  165.97  feet  to  a  point; 
thence  N.  48°  28'  30"  W.  105.37  feet  to  a  point;  thence  S. 
45°  30'  50"  W.  134  feet  to  a  point;  thence  N.  41°  26'  40" 
W.  234.33  feet  to  the  point  of  beginning,  containing  5.66 
acres  of  land,  more  or  less. 

8.  All  that  certain  piece  or  parcel  of  land  situated  in  said 
town  of  Hingham,  being  the  same  premises  acquired  by  the 
United  States  of  America  for  the  expansion  of  the  Bethle- 
hem Steel  Company  Plant  in  fee  simple  by  a  declaration  of 
taking  filed  February  16,  1942,  in  the  district  court  of  the 
United  States  for  the  district  of  Massachusetts  in  the  case 
of  the  United  States  of  America  v.  145.217  acres  of  land, 
more  or  less,  Civil  No.  6485,  and  bounded  and  described  as 
follows :  — 

Beginning  at  a  Massachusetts  highway  bound  at  a  point 
of  tangency  on  the  northerly  line  of  Lincoln  street  in  Hing- 
ham, said  highway  bound  being  located  N.  77°  48'  06.2"  W. 
331.70  feet  distant  from  Massachusetts  Geodetic  Survey 
Traverse  Station  85  AH ;  thence  from  said  point  of  beginning 
binding  on  the  northerly  line  of  Lincoln  street  as  follows: 
N.  85°  41'  04"  W.  811.73  feet;  N.  86°  02'  12"  W.  238.69 
feet  to  a  point  of  curve;  thence  along  a  curve  to  the  left 
with  a  radius  of  2,030  feet  a  distance  of  832.56  feet  (the  long 
chord  bears  S.  82°  12'  50"  W.  826.76  feet)  to  a  Massachu- 
setts highway  bound  at  the  point  of  tangency ;  thence  S.  70° 
27'  52"  W.  450.41  feet  to  a  point;  thence  N.  19"  32'  08"  W. 
through  lands  now  or  formerly  of  Harry  L.  and  Amy  L. 
White,  1,250  feet  to  the  extreme  low  water  line  on  the  south- 
easterly side  of  Weymouth  Back  river;  thence  northeasterly 
along  said  extreme  low  water  line  of  Weymouth  Back  river, 


694  Acts,  1945.  —  Chap.  642. 

to  a  point  on  a  line,  said  line  being  1,348.49  feet  due  north 
of  and  parallel  to  a  line  running  due  west  from  the  point  of 
intersection  of  the  division  line  between  lands  now  or  for- 
merly of  Walter  L.  Bouve  and  lands  now  or  formerly  of  Hing- 
ham  Homesteads  Inc.,  with  the  mean  high  water  line  on  the 
east  side  of  Weymouth  Back  river;  thence  due  east  420  feet 
more  or  less  to  the  mean  high  water  line;  thence  S.  45°  00' 
00"  E.  210  feet;  thence  due  south  1,200  feet  to  the  point  of 
intersection  of  the  division  line  between  lands  now  or  for- 
merly of  Walter  L.  Bouve  and  lands  now  or  formerly  of  Hing- 
ham  Homesteads  Inc.  with  the  mean  high  water  line  on  the 
east  side  of  Weymouth  Back  river ;  thence  with  said  division 
line,  S.  ir  35'  06"  E.  119.31  feet;  thence  S.  82°  53'  16"  E. 
260.56  feet;  thence  N.  82°  50'  39"  E.  96.30  feet;  thence 
along  the  division  line  between  lands  now  or  formerly  of 
Hingham  Homesteads  Inc.  and  William  Daley,  as  follows: 
S.  28°  or  44"  W.  71.29  feet;  S.  31°  49'  24"  W.  459.60  feet; 
S.  60°  29'  06"  E.  116.20  feet;  and  S.  66°  59'  36"  E.  37.07 
feet;  thence  through  lands  now  or  formerly  of  Hingham 
Homesteads  Inc.,  as  follows:  S.  26°  37'  28"  W.  96.48  feet; 
S.  63°  22'  32"  E.  17.0  feet;  S.  26°  37'  28"  W.  280.0  feet; 
S.  63°  22'  32"  E.  19.76  feet;  S.  26°  37'  28"  W.  100.0  feet; 
S.  63°  22'  32"  E.  19.24  feet;  S.  27°  05'  44"  W.  100.0  feet; 
N.  63°  22'  32"  W.  33.0  feet;  S.  26°  37'  28"  W.  150.0  feet; 
S.  63°  22'  32"  E.  100.0  feet;  S.  26°  37'  28"  W.  142.0  feet; 
S.  52°  32'  17"  W.  117.29  feet;  S.  28°  09'  14"  E.  327.14  feet; 
and  S.  0°  54'  50"  E.  60.0  feet  to  a  point  on  the  northerly 
line  of  Lincoln  street;  thence  westerly  along  the  arc  of  a 
curve  concave  to  the  north,  with  a  radius  of  3,970  feet  for 
a  distance  of  361.78  feet  (the  long  chord  bears  N.  88°  17' 
43"  W.  361.68  feet),  along  the  northerly  line  of  Lincoln 
street  to  the  point  of  beginning,  containing  145.217  acres 
of  land,  more  or  less. 

9.  All  that  certain  piece  or  parcel  of  land  situated  in  that 
part  of  Boston  called  Charlestown,  being  the  same  premises 
acquired  by  the  United  States  for  Storage  Facilities  in  fee 
simple  by  a  declaration  of  taking  filed  July  19,  1943,  in  the 
district  court  of  the  United  States  for  the  district  of  Massa- 
chusetts in  the  case  of  the  United  States  of  America  v.  0.321 
of  an  acre  of  land  in  Charlestown,  city  of  Boston,  Suffolk 
county,  Massachusetts,  and  city  of  Boston,  et  al..  Civil  No. 
6597  and  bounded  and  described  as  follows :  — 

Beginning  at  the  easterly  end  of  Henley  street  at  the 
southerly  line  thereof  at  the  land  of  the  United  States  of 
America  (the  Navy  Yard);  thence  running  S.  16"  05'  05" 
E.  by  said  land  of  the  United  States  of  America  along  the 
face  of  the  existing  stone  wall  94.93  feet;  thence  running 
N.  75°  19'  38"  E.  0.20  of  one  foot;  thence  running  S.  16** 
03'  54"  E.  by  land  of  the  United  States  of  America  along  the 
face  of  the  wall  of  the  Navy  Yard  building  39.77  feet ;  thence 
running  S.  65°  49'  40"  W.  by  land  of  the  United  States  of 
America  (the  Navy  Yard)  44.5  feet  to  Wapping  street;  thence 
running  N.  74°  43'  17"  W.  by  said  Wapping  street  19.93 


Acts,  1945.  —  Chap.  642.  696 

feet;  thence  running  N.  62°  49'  27"  W.  by  said  Wapping 
street  40.60  feet;  thence  running  N.  59°  57'  21"  W.  by  said 
Wapping  street  56.48  feet;  thence  running  N.  32°  32'  34" 
E.  b.y  land  now  or  formerly  of  Patrick  O'Riorden  Estate 
31.50  feet;  thence  running  N.  22°  57'  36"  E.  by  said  O'Rior- 
den land  83.89  feet  to  Henley  street,  thence  running  S.  81° 
50'  21"  east  by  said  Henley  street  58.26  feet  to  the  point  of 
beginning  and  containing  .321  acres  of  land. 

10.  All  that  piece  or  parcel  of  land  situated  in  said  town 
of  Hingham,  being  the  same  premises  acquired  by  the  United 
States  for  additional  Storage  Facilities  for  Bethlehem-Hing- 
ham  Shipyard  Inc.  in  fee  simple  by  a  declaration  of  taking 
filed  June  30,  1943,  in  the  district  court  of  the  United  States 
for  the  district  of  Massachusetts  in  the  case  of  the  United 
States  of  America  v.  33.08  acres  of  land  in  Hingham,  Plym- 
outh county,  Massachusetts,  and  Mary  A.  Fee  et  al.,  Civil 
No.  6664  and  bounded  and  described  as  follows:  — 

Beginning  at  a  point  at  a  comer  common  to  the  lands  of 
Walter  L.  Bouve,  William  Daley,  and  the  lands  of  the 
United  States  which  were  acquired  from  the  Hingham  Homes 
Corporation  in  that  Declaration  of  taking  entitled  "United 
States  of  America  v.  123.1239  Acres  of  Land,  more  or  less, 
in  Hingham,  Massachusetts",  filed  as  No.  6485  Civil  in  the 
district  court  of  the  United  States  for  the  district  of  Massa- 
chusetts on  February  16,  1942;  thence  by  land  of  Walter  L. 
Bouve,  the  following  courses  and  distances:  S.  89°  32'  01" 
E.  152.33  feet,  N.  76°  49'  59"  E.  50.15  feet,  and  N.  86° 
49'  59"  E.  26.67  feet,  thence  by  land  of  John  F.  Stackpole 
the  following  courses  and  distances:  S.  73°  52'  33"  E.  109.32 
feet,  S.  73°  48'  53"  E.  112.20  feet,  and  N.  46°  23'  25"  E. 
564.33  feet;  thence  S.  33°  57'  34"  E.  40.47  feet,  thence 
N.  47°  18'  16"  E.  along  the  southeasterly  line  of  Wampa- 
tuck  Road  extension  and  Wampatuck  road  320.00  feet; 
thence  by  lots  298  to  339  inclusive  as  said  lots  are  shown  on 
a  plan  of  land  in  Hingham^  Massachusetts,  dated  April  2, 
1921,  prepared  by  Russell  H.  Whiting,  C.  E.,  the  following 
courses  and  distances:  S.  39°  06'  30"  E.  246.95  feet;  S.  21° 
07'  35"  E.  863.62  feet,  N.  68°  52'  25"  E.  100  feet  to  the 
southwesterly  line  of  Nokomis  road;  thence  along  said 
southwesterly  line  of  Nokomis  road  S.  21°  07'  35"  E.  50.0 
feet,  thence  by  curved  line  having  a  chord  distance  of  50 
feet,  bearing  of  chord  S.  54°  52'  35"  E.  and  a  radius  of  45 
feet,  an  arc  distance  of  53.01  feet;  thence  by  curved  line 
having  a  chord  distance  of  54.11  feet,  a  chord  bearing  of 
S.  59°  37'  30"  E.  and  a  radius  of  55.80  feet,  an  arc  distance 
of  56.49  feet;  thence  N.  57°  09'  49"  E.  2.0  feet;  thence 
S.  8°  33'  45"  E.  111.70  feet;  thence  leaving  said  Nokomis 
road  S.  18°  38'  10"  W.  31.51  feet;  thence  S.  41°  09'  50"  W. 
26.74  feet;  thence  S.  68°  12'  30"  E.  121.57  feet;  thence 
S.  75°  04'  30"  E.  65.12  feet  to  the  southwesterly  line  of 
Nokomis  road;  thence  along  said  southwesterly  line  of  No- 
komis road  the  following  courses  and  distances:  S.  84°  34' 
30"  E.  130.32  feet;    S.  56°  40'  06"  E.  61.18  feet;   S.  46° 


696  Acts,  1945. —  Chap.  642. 

59'  47"  E.  61.50  feet;  S.  39''  34'  32"  E.  79.06  feet,  and  S.  50* 
21'  30"  E.  292.0  feet  to  the  westerly  line  of  Crow  Point  lane: 
thence  along  said  westerly  line  of  Crow  Point  lane  S.  16 
24'  30"  W.  74.50  feet;  thence  leaving  said  lane  and  running 
by  land  of  Catherine  E.  Steele  the  following  courses  and 
distances:  N.  79°  39'  30"  W.  112  feet;  N.  78°  47'  30"  W. 
433.41  feet;  thence  by  land  of  Harry  L.  White  and  Amy  L. 
White  N.  65°  18'  30"  W.  241.71  feet;  thence  by  land  of 
Frank  and  Rocco  Condito  and  Charles  Necchi  the  following 
courses  and  distances:  N.  64°  10'  31"  W.  103.71  feet;  N. 
63°  50'  11"  W.  108.0  feet;  N.  63°  42'  01"  W.  96.73  feet; 
N.  62°  01'  01"  W.  271.86  feet;  N.  61°  07'  21"  W.  373.0 
feet;  N.  60°  52'  21"  W.  185.29  feet;  N.  60°  32'  11"  W. 
294.10  feet;  N.  62°  00'  41"  W.  56.52  feet;  S.  23°  11'  05"  W. 
131.81  feet  to  a  post  corner,  and  S.  26°  39'  16"  W.  272.13 
feet;  thence  by  land  of  the  Hingham  Homes  Corporation 
the  following  courses  and  distances:  N.  45°  27'  35"  W.  34.90 
feet;  S.  20°  23'  30"  W.  16.31  feet,  S.  35°  03'  20"  W.  22.62 
feet,  S.  56°  17'  30"  W.  17.98  feet,  S.  34°  52'  30"  W.  12.30 
feet  and  N.  62°  49'  30"  W.  227.65  feet;  thence  by  lands  of 
said  Hingham  Homes  Corporation  and  the  aforesaid  lands 
of  the  United  States  N.  66°  31'  20"  W.  97.89  feet,  thence 
continuing  by  aforesaid  lands  of  the  United  States  the  fol- 
lowing courses  and  distances:  N.  60°  00'  50"  W.  116.20 
feet,  N.  32°  17'  40"  E.  459.60  feet  and  N.  28°  36'  00"  E. 
71.29  feet  to  the  place  of  beginning  containing  33.49  acres, 
more  or  less. 

Section  2.  Jurisdiction  over  the  above-described  lands 
is  hereby  granted  and  ceded  to  the  United  States  of  America, 
but  upon  the  express  condition  that  the  commonwealth  shall 
retain  concurrent  jurisdiction  with  the  United  States  of 
America  in  and  over  said  lands,  in  so  far  that  all  civil  proc- 
esses and  such  criminal  processes  as  may  issue  under  the 
authority  of  the  commonwealth  against  any  person  or  per- 
sons charged  with  crimes  committed  without  said  lands  and 
all  processes  for  collection  of  taxes  levied  under  authority 
of  the  laws  of  the  commonwealth,  including  the  service  of 
warrants,  may  be  executed  thereon  in  the  same  manner  as 
though  this  cession  had  not  been  granted;  provided,  that 
the  jurisdiction  in  and  over  the  lands  described  in  subdivi- 
sions 1  and  2  of  section  one  shall  revert  to  and  revest  in  the 
commonwealth  whenever  such  areas  shall  cease  to  be  used 
for  the  purposes  set  forth  in  section  one,  and  that  the  juris- 
diction in  and  over  the  lands  described  in  subdivisions  3  to 
10,  inclusive,  of  section  one  shall  revert  to  and  revest  in  the 
commonwealth  upon  the  expiration  of  six  months  after  the 
termination  of  the  existing  states  of  war  between  the  United 
States  and  certain  foreign  countries,  or  whenever  such  areas 
shall  cease  to  be  used  for  the  purposes  set  forth  in  section 
one,  whichever  first  occurs;  and  provided,  further,  that  any 
consent  to  the  acquisition  of,  or  any  jurisdiction  over,  public 
rights  in  navigable  waters  is  expressly  excluded  from  this 
grant  and  that  chapter  ninety-one  of  the  General  Laws  shall 


Acts,  1945.  —  Chap.  643.  697 

apply  to  any  encroachment,  filling  or  structure  placed  in  the 
tide  waters  of  the  commonwealth. 

Section  3.  This  act  shall  take  full  effect  as  to  each  piece 
or  parcel  of  land  acquired  under  the  authority  of  section  one 
upon  the  depositing  in  the  office  of  the  state  secretary  be- 
fore December  thirty-first,  nineteen  hundred  and  forty-six, 
of  a  suitable  plan  of  said  parcel,  but  not  otherwise. 

Approved  July  18,  1946. 

An  Act  providing  for  a  permanent  board  of  elevator  nj^g^jj  A43 

REGULATIONS     IN     THE     DEPARTMENT     OF     PUBLIC     SAFETY  ^' 

AND    DEFINING    ITS    POWERS    AND    DUTIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  twenty-two  of  the  General  Laws  is  c:.  l.  (Ter. 
hereby  amended  by  striking  out  section  eleven,  as  appear-  ameAdeJ.*  "' 
ing  in  the  Tercentenary  Edition,  and  inserting  in  place  thereof 
the  following  section: —  Section  11.  There  shall  be  in  the  Board  c.f 
department  a  board  to  be  known  as  the  board  of  elevator  rSations. 
regulations,  which  shall  consist  of  eight  members,  to  be  ap- 
pointed by  the  governor,  with  the  advice  and  consent  of  the 
council,  for  terms  of  four  years  each.  One  of  such  members 
shall  be  the  chief  of  inspections  in  said  department,  with 
power  to  designate  from  time  to  time  an  inspector  in  said 
department  to  act  temporarily  as  a  member  of  such  board, 
with  the  same  powers  and  duties  as  other  members  of  the 
board,  one  shall  be  a  consulting  engineer,  one  the  building 
commissioner  of  Boston,  one  the  inspector  of  buildings  of 
some  city  or  town  other  than  Boston,  one  a  representative 
of  a  liability  insurance  company  licensed  to  write  elevator 
insurance  in  the  commonwealth,  one  a  representative  of 
elevator  manufacturers,  one  an  experienced  elevator  con- 
structor, and  one  a  representative  of  owners  of  buildings 
subject  to  chapter  one  hundred  and  forty-three.  The  gov- 
ernor, with  the  advice  and  consent  of  the  council,  shall  from 
time  to  time  designate  one  member  of  said  board  as  chair- 
man. 

No  member  shall  act  as  a  member  of  the  board,  or  vote 
as  such,  in  connection  with  any  matter  as  to  which  his  pri- 
vate right,  distinct  from  the  public  interest,  is  immediately 
concerned. 

A  majority  of  said  board,  constituted  as  above  provided, 
may  transact  business,  but  a  lesser  number  may  adjourn 
from  time  to  time. 

Each  member  of  said  board  shall  be  paid  twenty  dollars 
for  each  day  while  in  the  actual  performance  of  his  duties 
as  such,  but  not  exceeding  one  thousand  dollars  in  any  fis- 
cal year,  and  shall  also  receive  from  the  commonwealth  all 
expenses  necessarily  incurred  by  him  in  connection  with  his 
official  duties. 

Such  clerical,  technical  and  other  assistants  as  may  be 
required  by  the  board  shall  be  assigned  to  it  by  the  com- 
missioner. 


698 


Acts,  1945.  —  Chap.  644. 


G.  L.  (Ter. 
Ed.),  143.  §69, 
amended. 


Establish- 
ment of 
rpfftilationR. 


Section  2.  Chapter  one  hundred  and  forty-three  of  the 
General  Laws  is  hereby  amended  by  striking  out  section 
sixty-nine,  as  so  appearing,  and  inserting  in  place  thereof 
the  following  section :  —  Section  69.  The  board  of  elevator 
regulations  shall  from  time  to  time  draft  amendments  to  the 
regulations  referred  to  in  section  sixty-eight,  and  shall  forth- 
with transmit  such  amendments  to  the  commissioner  who, 
within  ten  days  thereafter,  shall  deposit  with  the  state  sec- 
retary a  copy  thereof,  and  the  same  shall  become  effective 
when  so  deposited.  The  attorney  general  shall  assist  the 
board  in  framing  such  amendments.  The  commissioner  shall 
furnish,  upon  application,  a  printed  copy  of  such  regulations, 
as  so  amended,  to  all  manufacturers  of  elevators  operating 
in  the  commonwealth,  to  all  inspectors  of  buildings  in  the 
cities  and  towns  of  the  commonwealth,  and  to  all  others  who 
are  concerned. 

The  board  of  elevator  regulations  shall  hold  public  hear- 
ings on  the  first  Monday  in  May  and  October  in  each  year, 
and  at  such  other  times  as  it  may  determine,  on  petitions 
for  changes  in  the  regulations  formulated  by  it.  If,  after 
any  such  hearing,  it  shall  deem  it  advisable  to  make  changes 
in  said  regulations,  it  shall  appoint  a  day  for  further  hear- 
ing, and  shall  give  notice  thereof  and  of  the  changes  pro- 
posed by  advertising  in  at  least  one  newspaper  in  each  of  the 
cities  of  Boston,  Worcester,  Springfield,  Fall  River,  Lowell 
and  Lynn,  at  least  ten  days  before  said  hearing.  If  the  board 
on  its  own  initiative  contemplates  changes  in  said  regulations, 
like  notice  and  a  hearing  shall  be  given  and  held  before  the 
adoption  thereof. 

Section  3.  Before  November  first,  nineteen  hundred  and 
forty-five,  the  governor,  with  the  advice  and  consent  of  the 
council,  shall  appoint  eight  members  of  the  board  of  elevator 
regulations  in  the  department  of  public  safety  with  the  quali- 
fications set  forth  in  section  eleven  of  chapter  twenty-two  of 
the  General  Laws,  two  of  whom  shall  be  appointed  for  the 
term  of  one  year,  two  for  the  term  of  two  years,  two  for  the 
term  of  three  years  and  two  for  the  term  of  four  years.  Sala- 
ries or  compensation  of  the  persons  so  appointed  shall  not 
exceed  the  maximum  set  forth  for  their  respective  offices  by 
said  section  eleven.  Approved  July  18,  1945. 


Cha'p.fy44:  An  Act  relative  to  certain  fees  of  the  department 

OF    PUBLIC    utilities    RELATING    TO    COMMERCIAL    MOTOR 

vehicles. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  ten  A  of  chapter  one  hundred  and 
fifty-nine  B  of  the  General  Laws,  inserted  by  chapter  three 
hundred  and  twenty-two  of  the  acts  of  nineteen  hundred 
and  thirty-nine,  is  hereby  amended  by  adding  at  the  end 
the  following  sentence :  —  It  may  issue  a  certified  copy  of  a 
certificate,  permit,  license  or  plate  certificate  upon  the 
payment  of  a  fee  of  one  dollar. 


G.  L.  (Ter. 
Ed.),  ISflB. 
§  lOA,  etc., 
amended. 


Issue  of 
certified 
copy  of  cer- 
tificate, etc. 


Acts,  1945. —  Chap.  645.  699 

Section  2.     The  last  paragraph  of  section  eleven  of  said  Edw^MB 
chapter  one  hundred  and  fif tj'-nine  B,  as  amended  by  sec-  §  li.'  etc.,  ' 
tion  three  of  chapter  four  hundred  and  eighty-three  of  the  *'"®"'^^- 
acts  of  nineteen  hundred  and  forty-one,  is  hereby  further 
amended  by  striking  out  the  second  sentence  and  inserting 
in  place  thereof  the  following  sentence :  —  Each  application 
for  the  assignment  and  transfer,  in  whole  or  in  part,  of  any 
certificate,  perniit  or  license  shall  be  accompanied  by  a  fee 
of  five  dollars,  —  so  as  to  read  as  follows:  — 

No  person  shall  operate  upon  any  way  as  a  common  Transfer,  etc.. 
carrier  by  motor  vehicle,  contract  carrier  by  motor  vehicle  of ''e'"t»fi«'ates. 
or  interstate  licensee,  or  conduct  business  as  a  broker, 
except  a  bona  fide  holder  of  a  certificate,  permit  or  license, 
as  the  case  may  be,  and  neither  by  loan,  assignment,  option 
for  purchase  or  any  means  whatsoever  shall  any  person  be 
permitted  to  defeat  the  requirements  of  this  section  with 
respect  to  the  transfer  of  certificates,  permits  and  licenses. 
p]ach  application  for  the  assignment  and  transfer,  in  whole 
or  in  part,  of  any  certificate,  permit  or  license  shall  be  ac- 
companied by  a  fee  of  five  dollars.  The  department  shall 
make  any  necessary  rules  and  regulations  to  carry  out  the 
provisions  of  this  section.  Approved  July  18,  1945. 


An  Act  abolishing  the  board  of  standards  and  ap-  nhn^t  645 

PEALS    IN    THE    DEPARTMENT    OF    PUBLIC    SAFETY,    ESTAB-  ^' 

LISHING  A  BOARD  OF  STANDARDS  IN  SAID  DEPARTMENT 
AND  FIXING  ITS  POWERS  AND  DUTIES,  AND  MAKING  CER- 
TAIN CORRECTIVE  CHANGES  IN  THE  LAWS  RELATING  TO 
PLACES    OF   ASSEMBLY. 

Re  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  twenty-two  of  the  General  Laws  is  o.  l.  (Ter. 
hereby  amended  by  striking  out  section  thirteen,  inserted  f*l3;et^c'.. 
therein  by  section  one  of  chapter  five  hundred  and  forty-  amended. 
four  of  the  acts  of  nineteen  hundred  and  forty-three,  and 
inserting  in  place  thereof  the  following  section :  —  Section  Board  of 
IS.     There  shall  be  in  the  department,  but  not  under  the  ^^'•"^'"■d" 
control  of  the  commissioner,  a  board  to  be  known  as  the 
board  of  standards,  which  shall  consist  of  seven  members, 
to  be  appointed  by  the  governor,  with  the  advice  and  con- 
sent of  the  council,  for  terms  of  seven  years  each.     One  of  Appointment, 
such  members  shall,  when  appointed,  be  a  registered  archi-  tiona,  etc. 
tect,  one  a  registered  professional  engineer,  one  a  contractor, 
one  a  representative  of  the  building  trades  unions,  one  a 
safety  engineer,  one  the  chief  of  inspections  of  the  depart- 
ment, with  power  to  designate  from  time  to  time  an  in- 
spector in  said  department  to  act  temporarily  in  his  stead 
as  a  member  of  such  board,  with  the  same  powers  and  duties 
as  other  members  of  the  board,  and  one  shall  be  a  repre- 
sentative of  owners   of   buildings  subject  to   chapter  one 
hundred  and  forty-three  or  a  representative  of  real  estate 
management  organizations  having  control  of  buildings  sub- 


700 


Acts,  1945.  —  Chap.  645. 


G.  L.  (Ter. 
Ed.).  143, 
§  3B.  etc., 
amended. 


Rules  and 
regulations, 
approval 
of,  etc. 


ject  to  said  chapter.  The  governor,  with  the  advice  and 
consent  of  the  council,  shall  from  time  to  time  designate 
one  member  of  said  board  as  chairman. 

No  member  shall  act  as  a  member  of  the  board,  or  vote 
as  such,  in  connection  with  any  matter  as  to  which  his 
private  right,  distinct  from  the  public  interest,  is  immedi- 
ately concerned. 

A  majority  of  said  board,  constituted  as  above  provided, 
may  transact  business,  but  a  lesser  number  may  adjourn 
from  time  to  time. 

Each  member  of  said  board  shall  be  paid  twenty  dollars 
for  each  day  while  in  the  actual  performance  of  his  duties 
as  such,  but  not  exceeding  one  thousand  dollars  in  any 
fiscal  year,  and  shall  also  receive  from  the  commonwealth 
all  expenses  necessarily  incurred  by  him  in  connection  with 
his  official  duties. 

Such  clerical,  technical  and  other  assistance  as  may  be 
required  by  the  board  shall  be  assigned  to  it  by  the  com- 
missioner. 

Section  2,  Chapter  one  hundred  and  forty-three  of  the 
General  Laws  is  hereby  amended  by  striking  out  section 
three  B,  inserted  therein  by  section  two  of  chapter  five  hun- 
dred and  forty-four  of  the  acts  of  nineteen  hundred  and 
forty-three,  and  inserting  in  place  thereof  the  following 
section :  —  Section  SB.  The  board  of  standards  in  the  de- 
partment shall  make  rules  and  regulations  relating  to  the 
construction,  reconstruction,  alteration,  repair,  demolition, 
removal,  use  or  occupancy,  and  to  the  standards  of  materials 
to  be  used  in  such  construction,  reconstruction,  alteration, 
repair,  demolition,  removal,  use  or  occupancy  of  any  build- 
ing, portion  of  a  building  or  room  which,  under  section  one, 
shall  be  deemed  to  be  a  place  of  assembly;  and  such  rules 
and  regulations  shall  be  in  accordance  with  the  generally 
accepted  standards  of  engineering  practice  and  not  inconsist- 
ent with  law.  The  attorney  general  shall  assist  the  board 
in  framing  such  rules  and  regulations.  Said  board  shall 
thereupon  transmit  such  rules  and  regulations  to  the  com- 
missioner who,  within  ten  days  thereafter,  shall  deposit  a 
copy  thereof  with  the  state  secretary'-,  and  the  same  shall 
become  effective  when  so  deposited. 

One  copy  of  each  issue  of  such  rules  and  regulations  shall 
be  forwarded  by  the  commissioner  to  each  of  his  authorized 
representatives,  as  referred  to  in  section  three  A,  and  the 
registry  return  receipts  therefor  shall  be  filed  in  the  depart- 
ment. 

The  clerk  of  each  city  and  town  shall  annually,  not  later 
than  April  first,  transmit  to  the  commissioner  in  writing  the 
name  and  official  address  of  each  such  authorized  representa- 
tive, except  an  inspector  of  the  division  of  inspections,  in  his 
city  or  town. 

The  board  shall  hold  public  hearings  annually,  on  the  first 
Monday  in  May  and  October,  and  at  such  other  times  as  it 
may  determine,  on  petitions  for  changes  in  the  rules  and 


Acts,  1945. -— Chap.  645.  701 

regulations  formulated  by  it.  If,  after  any  such  hearing,  it 
shall  deem  it  advisable  to  make  changes  in  said  rules  and 
regulations,  it  shall  appoint  a  day  for  a  further  hearing, 
and  shall  give  notice  thereof  and  of  the  changes  proposed  by 
advertising  in  at  least  one  newspaper  in  each  of  the  cities 
of  Boston,  Worcester,  Springfield,  Fall  River,  Lowell  and 
Lynn,  at  least  ten  days  before  said  hearing.  If  the  board 
on  its  own  initiative  contemplates  changes  in  said  rules  and 
regulations,  like  notice  and  a  hearing  shall  be  given  and  held 
before  the  adoption  thereof. 

Section  3.     Said  chapter  one  hundred  and  forty-three  is  «■  l  (Ter. 
hereby  further  amended  by  striking  out  sections  three  C,  §§  3c.^3e 
three  E  and  three  F,  all  as  inserted  therein  by  said  section  ^"rfckeii  oui 
two  of  said  chapter  five  hundred  and  forty-four. 

Section  4.     Said  chapter  one  hundred  and  forty-three  g.  l.  (Ter. 
is  hereby  further  amended  by  striking  out  section  three  H,  ^^•^'  ^g'*^^- 
inserted  therein  by  said  section  two  of  said  chapter  five  amended." 
hundred  and  forty-four,  and  inserting  in  place  thereof  the 
following  section:  —  Section  SH.     Sections  three,  three  A,  Application 
three  B,  three  D  and  three  G  shall  apply  to  all  municipal  3b; Id  "^'  ' 
buildings,   except  schoolhouses,   which   are  used   in   whole  ^^^  ^^'■ 
or  in  part  as  places  of  assembly,  as  well  as  to  all  private 
buildings  used  for  the  same  purposes. 

Section  5.     Before   November   first,    nineteen    hundred  ^p^il^tment 
and  forty-five,  the  governor,  with  the  advice  and  consent  terms, 
of  the  council,  shall  appoint  seven  members  of  the  board  of  ^^*'''*'^ 
standards   in   the   department   of   public   safety,   with   the 
qualifications  set  forth  in  section  thirteen  of  chapter  twenty- 
two  of  the  General  Laws,  as  appearing  in  section  one  of  this 
act,  of  whom  one  shall  be  appointed  for  the  term  of  one  year, 
one  for  the  term  of  two  years,  one  for  the  term  of  three  years, 
one  for  the  term  of  four  years,  one  for  the  term  of  five  years, 
one  for  the  term  of  six  years,  and  one  for  the  term  of  seven 
years.    Salaries  or  compensation  of  the  persons  so  appointed 
shall  not  exceed  the  maximum  set  forth  for  their  respective 
offices  by  said  section  thirteen. 

Section  6.     The  terms  of  office  of  the  members  of  the  Existence  of 
board  of  standards  and  appeals  in  the  department  of  public  8tamia?ds 
safety,  and  the  existence  of  said  board,  shall  terminate  upon  to'te?mma'fe. 
the  effective  date  of  this  act;    provided,  that  this  act  shall 
not  be  construed  to  abrogate  or  invalidate  any  proceedings 
hitherto  taken  or  pending  on  its  effective  date  under  section 
thirteen  of  chapter  twenty-two  of  the  General  Laws,  as  in 
effect  immediately  prior  to  such  date,  or  to  alter  or  modify 
the  effect  of  any  decree  or  order  made  under  the  provisions 
of  said  chapter  as  so  in  effect,  but  all  such  proceedings  may 
be  completed  in  accordance  with  said  chapter  as  so  in  effect, 
and  such  decrees  and  orders  shall  continue  to  be  in  full  force 
and  effect  imtil  expressly  amended,  modified  or  revoked. 

Approved  July  18,  1945. 


702 


Acts,  1945.  —  Chaps.  646,  547. 


G.  L.  (Ter. 
Ed.),  149. 
§  1,  etc., 
amended. 


Term  "em- 
ployment" 
defined. 


Chap.64:6  An  Act  further  defining  the  term  "^employment",  as 

USED    IN    the    general    LAWS    RELATIVE    TO    LABOR    AND 

industries. 
Be  it  enacted,  etc.,  as  follows: 

Section  one  of  chapter  one  hundred  and  forty-nine  of  the 
General  Laws,  as  amended,  is  hereby  further  amended  by 
striking  out  the  paragraph  defining  "Employment",  as 
amended  by  section  two  of  chapter  five  hundred  and  eighty- 
four  of  the  acts  of  the  current  year,  and  inserting  in  place 
thereof  the  following  paragraph :  — 

"Employment",  any  trade,  occupation  or  branch  of  in- 
dustry, any  particular  method  or  process  used  therein,  and 
the  service  of  any  particular  employer;  but  it  shall  not  in- 
clude private  domestic  service,  or  service  as  a  farm  laborer 
including  all  practices  connected  with  agriculture,  the  tillage 
of  the  soil,  the  preparation  and  marketing  of  crops  and  the 
construction  and  maintenance  of  farm  property  and  equip- 
ment, customarily  performed  by  a  farmer  on  a  farm,  except 
the  performance  by  a  minor  under  the  age  of  seventeen  of 
structural  painting  or  other  work  on  the  outside  of  any 
structure  at  a  height  of  more  than  fifteen  feet  above  the 
ground  level.  "Employment",  as  used  in  sections  one  hun- 
dred and  five  A  to  one  hundred  and  five  C,  inclusive,  means 
any  employment  under  contract  of  hire,  expressed  or  im- 
plied, written  or  oral,  including  all  contracts  entered  into  by 
helpers  and  assistants  of  employees,  whether  paid  by  em- 
ployer or  employee,  if  employed  with  the  knowledge,  actual 
or  constructive,  of  the  employer  in  which  all  or  the  greater 
part  of  the  work  is  to  be  performed  within  the  common- 
wealth. Approved  July  18,  1945. 


Chap.Q4tJ  An  Act  extending  to  certain  common  and  charter 
carriers  certain  provisions  of  law  relative  to 
railroads  and  street  railway  companies. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  twenty-four  of  chapter  one  hundred 
and  fifty-nine  of  the  General  Laws,  as  appearing  in  the  Ter- 
centenary Edition,  is  hereby  amended  by  striking  out  the 
second  sentence  and  inserting  in  place  thereof  the  following 
sentence :  —  Upon  written  complaint  of  the  mayor,  select- 
men or  twenty  legal  voters  of  a  city  or  town  within  which 
any  railroad,  railway  or  other  carrier  of  passengers  under 
the  jurisdiction  of  the  department  is  located  or  renders  serv- 
ice, alleging  grounds  of  complaint,  the  department  shall  ex- 
amine the  condition  and  operation  of  such  carrier,  first  giv- 
ing to  the  complainants  and  such  carrier  reasonable  written 
notice  of  the  time  and  place  thereof. 

Section  2.  Said  chapter  one  hundred  and  fifty-nine  is 
hereby  further  amended  by  striking  out  section  twenty- 
seven,  as  so  appearing,  and  inserting  in  place  thereof  the 


G.  L.  (Ter. 
Ed.),  159,  §  24, 
amended. 


Hearings  and 
examinations 
as  to  certain 
common 
carriers  on 
complaint  of 
mayor,  etc. 


G.  L.  (Ter. 
Ed.),  159,  §  27, 
Amended. 


Acts,  1945.  —  Chap.  647.  703 

following  section :  —  Section  27.  The  department  may,  inspection  and 
either  through  its  members  or  responsible  agents,  engineers,  investigation. 
inspectors  or  examiners  duly  authorized  by  it,  enter  upon 
any  premises  occupied  by  any  carrier  subject  to  its  juris- 
diction for  any  purpose  consistent  with  this  chapter.  It  may 
inspect  the  property,  equipment,  buildings,  plants,  factories, 
power  houses,  ducts,  conduits  and  offices  of  any  such  car- 
rier. It  may,  in  connection  with  such  inspection,  have  per- 
formed for  it  such  service  of  the  kind  rendered  by  the  car- 
rier as  it  may  reasonably  require,  including  passage  upon 
any  locomotive,  car,  vessel  or  vehicle  while  in  service,  and, 
upon  reasonable  notice,  the  use  of  an  inspection  locomotive, 
car,  vessel  or  vehicle  whenever  that  is  necessary,  in  the  opin- 
ion of  the  department,  for  a  physical  inspection  of  all  or  any 
of  the  lines  and  stations  of  any  such  carrier. 

Section  3.     Said  chapter  one  hundred  and  fifty-nine  is  g.  l.  (Xer. 
hereby  further  amended  by  striking  out  section  twenty-  ^iend^d'^^^' 
eight,  as  so  appearing,  and  inserting  in  place  thereof  the  fol- 
lowing section:  —  Section  28.     Every  railroad  corporation.  Notification 
railway  company  and  carrier  of  passengers  for  hire  by  motor  °^  ^-ccidents. 
vehicle  under  the  jurisdiction  of  the  department  shall  give 
immediate  notice  of  an  accident  on  its  railroad  or  railway 
or  on  or  connected  with  a  motor  vehicle  belonging  to  it,  re- 
sulting in  a  loss  of  life,  to  the  medical  examiner  of  the  county 
who  resides  nearest  to  the  place  of  accident,  and  shall  also, 
within  twenty-four  hours,  give  notice  to  the  department  of 
any  such  accident  or  of  any  accident  of  the  description  of 
accidents  of  which  it  may  require  notice  to  be  given.    For  peuaity. 
each  omission  to  give  such  notice,  the  corporation,  company 
or  other  carrier  shall  forfeit  not  more  than  one  hundred 
dollars 

Section  4.     Said  chapter  one  hundred  and  fifty-nine  is  g.  l.  (Ter. 
hereby  further  amended  by  striking  out  section  twenty-nine,  amende^l.'  ^  ^^' 
as  so  appearing,  and  inserting  in  place  thereof  the  following 
section :  —  Section  29.    An  inspector  shall,  under  the  direc-  investigation 
tion  of  the  department,  investigate  as  promptly  as  may  be  o"acc1dent. 
any  accident  upon  a  railroad,  railway  or  motor  vehicle  of  a 
carrier  of  passengers  under  the  jurisdiction  of  the  depart- 
ment, or  in  which  such  railroad,  railway  or  motor  vehicle 
is  concerned,  which  causes  the  death  or  imperils  the  life  of 
any  person,  and  shall  report  thereon  to  the  department, 
which  shall  investigate  the  cause  of  any  such  accident  re- 
sulting in  loss  of  life,  and  may  investigate  any  other  acci- 
dent.    The  inspector  shall  attend  the  inquest  held  in  case 
of  any  such  death  by  accident  and  ma}^  cause  any  person 
who  has  knowledge  of  the  facts  or  circumstances  connected 
with  such  death  to  be  summoned  as  a  witness  to  testify  at 
the  inquest. 

Section  5.     Said  chapter  one  hundred  and  fifty-nine  is  g.  l.  (Ter. 
hereby  further  amended  by  striking  out  section  thirty,  as  amended.'  ^  ^°' 
so  appearing,  and  inserting  in  place  thereof  the  following 
section:  —  Section  30.    An  employee  may  make  written  com-  complaint 
plaint  to  the  department  of  a  defect  in  the  ways,  works,  "f  defect. 


704 


Acts,  1945.  —  Chaps.  648,  649. 


machinery  or  appliances,  or  any  car  or  vehicle,  of  a  railroad, 
railway  or  other  carrier  of  passengers  under  its  jurisdiction, 
and  the  name  of  the  complainant  shall  not  be  divulged. 

Approved  July  18,  1945. 


ChaV.Q48  ^^  ^^'^  PROVIDING  FOR  THE  ADJUSTMENT  OF  THE  RETIRB- 
MENT  ALLOWANCE  OF  HAROLD  W.  McKELVEY  OF  WATER- 
TOWN. 

Be  it  enacted,  etc.,  as  follows. • 

The  retirement  allowance  of  Harold  W.  McKelvey  of 
Watertown,  formerly  an  employee  of  the  division  of  insur- 
ance in  the  department  of  banking  and  insurance,  and  who 
has  recently  been  retired  for  accidental  disability,  is  hereby 
increased  from  one  half  the  amount  of  his  regular  compen- 
sation at  the  time  of  the  accident  on  account  of  which  he 
was  retired  to  one  half  his  regular  compensation  at  the  time 
of  his  retirement.  Approved  July  18,  1946. 


G.  L.  (Ter. 
Ed.).  182,  §  3, 
amended. 


C/iaZ>. 649  ■^^  ^^'^  "^^  MAKE  UNIFORM  THE  LAW  RELATIVE  TO  VOLUN- 
TARY  ASSOCIATIONS  AND  TRUSTS  CONTROLLING  COMMON 
CARRIERS    AND    OTHER    PUBLIC    UTILITY    COMPANIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  three  of  chapter  one  hundred  and 
eighty-two  of  the  General  Laws,  as  appearing  in  the  Ter- 
centenary Edition,  is  hereby  amended  by  striking  out,  in 
the  second  line,  the  words  "gas  or  electric  company"  and 
inserting  in  place  thereof  the  words :  —  railroad,  street  rail- 
way, electric  railroad,  elevated  railway,  gas,  electric  or  water 
company,  or  corporation  engaged  in  the  common  carriage  of 
passengers  by  motor  vehicle,  —  so  as  to  read  as  follows:  — 
Section  3.  The  trustees  of  an  association  or  trust  who  own 
or  control  a  majority  of  the  capital  stock  of  a  railroad,  street 
railway,  electric  railroad,  elevated  railway,  gas,  electric  or 
water  company,  or  corporation  engaged  in  the  common  car- 
riage of  passengers  by  motor  vehicle  shall  also  file  a  copy  of 
the  written  instrument  or  declaration  of  trust  creating  it 
with  the  department  and  shall  also  within  thirty  days  after 
the  adoption  of  any  amendment  of  such  instrument  or  decla- 
ration file  a  copy  thereof  with  the  department.  Every  such 
trustee  who  fails  to  comply  with  the  foregoing  requirements 
shall  be  punished  by  a  fine  of  not  more  than  five  hundred 
dollars  or  by  imprisonment  for  three  months. 

Section  2.  Section  four  of  said  chapter  one  hundred  and 
eighty-two,  as  so  appearing,  is  hereby  amended  by  striking 
out,  in  the  second  and  third  lines,  the  words  "gas  or  electric 
company"  and  inserting  in  place  thereof  the  words:  —  elec- 
tric railroad,  elevated  railway,  gas,  electric  or  water  com- 
pany, or  corporation  engaged  in  the  common  carriage  of  pas- 
sengers by  motor  vehicle,  —  and  by  inserting  after  the  word 
"company"  in  the  fifth  and  in  the  sixth  lines,  in  each  in- 


Copy  of 
declaration, 
etc. ,  of  associa- 
tion or  trust 
owning  or 
controlling 
stock  of  com- 
mon carriers 
and  other 
public  utilities 
to  be  filed 
with  com- 
missioner. 


Penalty. 


G.  L.  (Ter. 
Ed.).  182,  §  4, 
amended. 


Acts,  1945.  — Chap.  649.  705 

stance,  the  words:  —  or  corporation,  —  so  as  to  read  as  fol- 
lows:—  Section  Jf.     The  trustees  of  an  association  or  trust  Annual 
who  own  or  control  a  majority  of  the  capital  stock  of  a  rail-  ^^***='"<^^'''- 
road,  street  railway,  electric  railroad,  elevated  railway,  gas, 
electric  or  water  company,  or  corporation  engaged  in  the 
common  carriage  of  passengers  by  motor  vehicle  shall  an- 
nually on  or  before  April  first  file  with  the  commissioner  and 
with  the  department  a  statement  showing  the  number  of 
shares  of  such  company  or  corporation  owned  or  controlled 
by  them  and  the  stockholders  of  record  on  the  books  of  such 
company  or  corporation  in  whose  names  such  shares  are 
held.    Every  such  trustee  who  fails  to  comply  with  this  sec-  Penalty. 
tion  shall  be  punished  by  a  fine  of  not  more  than  five  hun- 
dred dollars  or  by  imprisonment  for  three  months. 

Section  3.     Section  seven  of  said  chapter  one  hundred  ^•,ViIf''k7 

-,_  •-11  111  il>u.;,  low:,  8  tf, 

and  eighty-two,  as  so  appearmg,  is  hereby  amended  by  amended, 
striking  out,  in  the  fifth  and  sixth  lines,  the  words  "or 
gas  or  electric  company"  and  inserting  in  place  thereof  the 
words :  —  ,  gas,  electric  or  water  company,  or  corporation 
engaged  in  the  common  carriage  of  passengers  by  motor 
vehicle,  —  so  as  to  read  as  follows :  —  Section  7.     The  de-  investigation 
partment  may  by  its  members  or  duly  authorized  employees  f^^  b"*"''"^ 
investigate  and   examine   the   books,   accounts,    contracts,  department. 
records  and  memoranda  of  the  trustees  of  any  association 
or  trust,  who  own  or  hold  the  capital  stock  or  any  part 
thereof  of  a  railroad,  street  railway,   electric  railroad  or 
elevated  railway  corporation,  gas,  electric  or  water  company, 
or  corporation  engaged  in  the  common  carriage  of  passen- 
gers by  motor  vehicle,  and  maj'  require  said  trustees  to 
furnish  such   reports   and  information  as  the  department 
shall  from  time  to  time  direct  with  respect  to  the  relations 
and  dealings  between  such  trustees  and  any  such  corpora- 
tion or  company. 

Section  4.     Section  eight  of  said  chapter  one  hundred  ^^I'^'^'^'^jo 
and  eighty-two,   as  so  appearing,   is  hereby  amended  by  amended.' 
striking  out,  in  the  sixth  line  and  in  the  eighth  and  ninth 
lines,  the  words  "or  gas  or  electric  company"  and  insert- 
ing in  place  thereof,  in  each  instance,  the  words: — ,  gas, 
electric   or   water   company,   or  company   engaged   in   the 
common  carriage  of  passengers  by  motor  vehicle,  —  so  as 
to  read  as  follows :  —  Section  8.     The  department  may  by  investigation 
its  members  or  duly  authorized  employees  investigate  and  t^norcoJ-* 
examine  the  books,  accounts,  contracts,  records  and  memo-  poration,  etc.. 

jr  i.u-  J.J.1X  •        under  same 

randa  of  any  partnership,  express  trust,  voluntary  associa-  management 
tion  or  corporation  which   is  under  the  same  ownership,  clrrie'?™r°" 
control  or  management  as  a  railroad,  street  railway,  electric  public 
railroad  or  elevated   railway   corporation,   gas,   electric   or  corporation, 
water  company,  or  company  engaged  in  the  common  car- 
riage of  passengers  by  motor  vehicle,  in  respect  of  the  rela- 
tions and  of  any  contracts  and  dealings  between  such  rail- 
road, street  railway,  electric  railroad  or  elevated  railway 
corporation,  gas,  electric  or  water  company,  or  company 
engaged  in  the  common  carriage  of  passengers  by  motor 


706 


Acts,  1945.  —  Chaps.  650,  651. 


G.  L.  (Ter. 
Ed.),  182.  §9. 
amended. 


Penalty  for 
refusing  to 
submit  to 
examina- 
tion, etc. 


vehicle  and  such  partnership,  express  trust,  voluntary  asso- 
ciation or  corporation,  and  in  relation  thereto  may  require 
from  such  partnership,  express  trust,  voluntary  association 
or  corporation  such  reports  and  information  as  the  depart- 
ment shall  from  time  to  time  direct. 

Section  5.  Section  nine  of  said  chapter  one  hundred 
and  eighty-two,  as  so  appearing,  is  hereby  amended  by 
striking  out,  in  the  second  line,  the  words  "gas  or  electric 
company"  and  inserting  in  place  thereof  the  words:  —  gas, 
electric  or  water  company,  or  corporation  engaged  in  the 
common  carriage  of  passengers  by  motor  vehicle,  —  and  by 
striking  out,  in  the  third  a!hd  fourth  lines,  the  words  "the 
two  preceding  sections"  and  inserting  in  place  thereof  the 
words :  —  sections  seven  and  eight,  —  so  as  to  read  as  fol- 
lows :  —  Section  9.  A  railroad,  street  railway,  electric  rail- 
road, elevated  railway,  gas,  electric  or  water  company,  or 
corporation  engaged  in  the  common  carriage  of  passengers 
by  motor  vehicle,  or  a  partnership  or  corporation  or  the 
trustees  of  an  express  trust  or  voluntary  association,  de- 
scribed in  sections  seven  and  eight,  which  refuses  or  neglects 
to  submit  its  or  their  books,  accounts,  contracts,  records 
and  memoranda  to  the  investigation  and  examination  of 
the  department,  or  to  furnish  such  reports  and  information 
as  it  shall  from  time  to  time  direct  and  require,  shall  be 
punished  by  a  fine  of  not  more  than  five  thousand  dollars. 

Approved  July  18,  19Jf5. 


Chap.QdO  -^n  Act  providing  for  the  erection,  by  the  metro- 
politan DISTRICT  COMMISSION,  OF  A  SHELTER  IN  WEST 
ROXBURY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  metropolitan  district  commission  is 
authorized  and  directed  to  construct,  within  sixty  days  after 
the  passage  of  this  act,  at  a  cost  of  not  over  fifteen  hundred 
dollars,  on  land  owned  by  said  commission  at  the  northeast 
corner  of  the  intersection  of  Washington  street  and  Stony 
Brook  reservation,  so  called,  opposite  LaGrange  street  in 
West  Roxbury,  a  shelter  for  use  by  the  public. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  July  19,  1945. 


Chap.Q51  An  Act  granting  to  the  town  of  billerica  an  ease- 
ment IN  certain  state-owned  land  for  the  con- 
struction and  maintenance  of  a  standpipe  and  water 
distribution  works. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  commissioner  of  conservation,  acting 
for  and  in  behalf  of  the  commonwealth,  may,  from  time  to 
time,  subject  to  the  approval  of  the  governor  and  council, 
and  by  instrument  or  instruments  approved  as  to  form  by 
the  attorney  general,  convey  to  the  town  of  Billerica  any 


Acts,  1945.  — Chaps.  652,  653.  707 

interest  less  than  a  fee  in  lands  in  said  town  taken  or  ac- 
quired under  section  thirty-three  of  chapter  one  hundred 
and  thirty-two  of  the  General  Laws,  under  such  terms  and 
conditions  as  said  commissioner  shall  determine,  for  use  for 
the  construction,  extension  or  maintenance  of  a  water  works 
system;  provided,  that  no  such  lands  shall  be  so  used  with- 
out the  approval  of  the  state  department  of  pubhc  health; 
and  provided,  further,  that  said  works  shall  be  constructed 
and  maintained  in  accordance  with  plans  so  approved. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  July  19,  1945. 

An  Act  authorizing  the  placing  under  the  civil  serv-  (Jhn'n  652 

ICE  LAWS  OF  THE  POSITION  OF  AUCTIONEER  IN  THE  OFFICE  ^' 

OF  THE  BOARD  OF  REAL  ESTATE  COMMISSIONERS  OF  THE 
CITY  OF  BOSTON,  AND  RELATIVE  TO  THE  COMPENSATION 
OF   THE   INCUMBENT   OF   SAID    POSITION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  position  of  auctioneer  in  the  office  of 
the  board  of  real  estate  commissioners  of  the  city  of  Boston 
shall,  upon  the  effective  date  of  this  act,  become  subject  to 
the  civil  service  laws  and  rules  and  regulations,  and  the 
tenure  of  office  of  any  incumbent  thereof  shall  be  unlimited, 
subject,  however,  to  said  laws,  but  the  person  holding  said 
position  immediately  prior  to  said  effective  date  shall  be 
subjected  by  the  division  of  civil  service  to  a  non-competitive 
qualifying  examination,  and  if  he  passes  said  examination 
he  shall  be  certified  for  said  position  and  shall  be  deemed 
to  be  permanently  appointed  thereto  without  being  required 
to  serve  any  probationary  period. 

Section  2.  The  incumbent  of  said  position  of  auctioneer 
shall  receive  for  his  services  the  fees  established  from  time 
to  time  for  auctioneers  by  the  Boston  Real  Estate  Board. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  July  19,  WJ^n. 


An  Act  authorizing  and  directing  the  department 
of  public  works  to  construct  certain  additions 
to  the  freezer  building  and  its  facilities  located 
on  the  state  fish  pier  in  gloucester  harbor. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  department  of  public  works,  hereinafter 
called  the  department,  is  hereby  authorized  and  directed 
to  construct  an  additional  story  on  the  freezer  building 
owned  by  the  commonwealth  and  located  on  the  state  fish 
pier  off  Parker  street  in  Gloucester  harbor,  and  to  add  to  the 
storage  freezing  rooms  and  ice-making  facilities  located  in 
said  freezer  building,  so  called,  substantially  in  accordance 
with  and  as  shown  on  the  plan  dated  December  ninth,  nine- 
teen hundred  and  forty-four,  made  by  Fay,  Spofford  & 
Thorndike,  Engineers,  copies  of  which  are  on  file  in  the  office 
of  the  department. 


Chap.Q5S 


708  Acts,  1945.  —  Chap.  653. 

Section  2.  The  department  is  hereby  authorized  to 
expend  such  sums,  not  exceeding  two  hundred  and  fifty 
thousand  dollars,  as  may  be  hereafter  appropriated  therefor 
to  cover  the  cost  of  the  work  authorized  by  section  one; 
provided,  that  the  Gloucester  Community  Pier  Association, 
Inc.  shall  first  execute  an  agreement  with  the  department  to 
repay  to  the  commonwealth  the  cost  of  such  work,  together 
with  expenses  incidental  thereto,  in  ten  equal  annual  pay- 
ments, the  first  payment  to  be  made  on  the  date  of  comple- 
tion of  said  work  as  determined  by  the  department  and  said 
payments  to  be  in  addition  to  the  rentals  provided  for  in  the 
present  lease  of  said  pier,  or  any  renewal  thereof;  and,  pro- 
vided, further,  that  said  Gloucester  Community  Pier  Asso- 
ciation, Inc.,  shall  forthwith  execute  an  agreement  with  the 
department  renewing  the  present  lease  for  the  full  period 
ending  September  thirtieth,  nineteen  hundred  and  sixty- 
nine  under  the  terms  provided  in  such  right  of  renewal  by 
chapter  three  hundred  and  three  of  the  acts  of  nineteen 
hundred  and  thirty-six,  and  the  department  is  hereby 
authorized  to  enter  into  such  new  lease  should  such  author- 
ity not  now  be  in  existence  under  said  chapter  three  hun- 
dred and  three.  Approved  July  20,  1946. 


The  Commonwealth  of  Massachusetts, 
Executive  Department,  State  House, 

Boston,  July  24,  1945. 

Honorable  Frederic  W.  Cook,  Secretary  of  the  Commomoealth. 

Sir:  —  I,  Maurice  J.  Tobin,  by  virtue  of  and  in  accord- 
ance with  the  provisions  of  the  Forty-eighth  Amendment  to 
the  Constitution,  "The  Referendum  II,  Emergency  Meas- 
ures", do  declare  that  in  my  opinion,  the  immediate  preser- 
vation of  the  public  convenience  requires  that  the  law 
passed  on  the  twentieth  day  of  July  in  the  year  nineteen 
hundred  and  forty-five  entitled  "An  Act  authorizing  and 
directing  the  department  of  public  works  to  construct  cer- 
tain additions  to  the  Freezer  Building  and  its  facilities 
located  on  the  State  fish  pier  in  Gloucester  Harbor"  should 
take  effect  forthwith  and  that  it  is  an  emergency  law  and 
that  the  facts  constituting  the  emergency  are  as  follows: 

Because  the  additional  facilities  at  said  state  fish  pier 
authorized  b}^  said  act  are  necessary  for  the  proper  handling 
and  the  preservation  of  fish  thereat  and  the  deferred  opera- 
tion of  the  act  will  unnecessarily  delay  the  use  of  such 
facilities. 

Very  truly  yours, 

Maurice  J,  Tobin, 
Governor  of  the  Commonwealth. 


Office  of  the  Secretary,  Boston,  July  24,  1945. 

I  hereby  certify  that  the  accompanying  statement  was 
filed  in  this  oflice  by  His  Excellency  the  Governor  of  the 
Commonwealth  of  Massachusetts  at  ten  o'clock  and  twenty- 


Acts,  1945.  —  Chap.  054.  709 

three  minutes,  a.m.,  on  the  above  date,  and  in  accordance 
with  Article  Forty-eight  of  the  Amendments  to  the  Consti- 
tution said  chapter  takes  effect  forthwith,  being  chapter  six 
hundred  and  fifty-three  of  the  acts  of  nineteen  hundred  and 
forty-five. 

F.  W.  Cook, 
Secretary  of  the  Commonwealth. 

An  Act  to  authorize  the  redevelopment  of  decadent  nhr,^  rka 

AREAS   BY   HOUSING    CORPORATIONS.  '        ^ 

Be  it  enacted,  etc,  as  follows: 

Section  1.     The  General  Laws  are  hereby  amended  by  g.  i..  (Tw-. 
inserting  after   chapter  one   hundred   and   twenty-one,   as  fhllpuMi;]  a, 
appearing  in  the  Tercentenary  Edition,  the  following  new  added. 
chapter :  — 

Chapter  121A. 

Urban  Redevelopment  Corporations. 

Section  1.     The  following  words,  wherever  used  in  this  Definitions. 
chapter,  shall,  unless  a  different  meaning  clearly  appears 
from  the  context,  have  the  following  meanings :  — 

"Housing  board"  or  "board",  the  state  board  of  housing 
established  under  section  seventeen  of  chapter  eighteen. 

"Project",  any  undertaking  to  demolish,  clear  away  or 
remove  obsolete  or  dilapidated  buildings,  and  to  erect  new 
buildings  upon  the  site  of  such  buildings  or  upon  vacant 
land;  or  to  rehabilitate  existing  buildings  or  to  accomplish 
both  purposes.  If  more  than  one  area  is  included  in  a  project, 
the  areas  so  included  shall  be  so  closely  adjacent  as  to  be 
capable  of  treatment  as  a  unit.  The  location  of  a  project 
may  include  buildings  not  in  themselves  insanitary,  dete- 
riorated or  obsolete,  if  the  inclusion  of  such  buildings  is 
deemed  by  the  housing  board  necessary  for  the  effective 
clearance,  replanning,  reconstruction  or  rehabilitation  of  the 
area  in  which  such  buildings  are  situated.  "Project"  shall 
include  both  the  act  of  undertaking  the  enterprise  and  the 
land  and  buildings  included  therein. 

"Zoning  ordinance  or  by-law",  an  ordinance  or  by-law 
adopted  under  authority  of  sections  twenty-five  to  thirty  B, 
inclusive,  of  cliapter  forty,  and  any  special  statute  estab- 
lishing zoning  regulations  in  one  or  more  cities,  towns  or 
districts. 

"Decadent  area",  an  area  in  which  many  of  the  buildings 
are  out  of  repair,  physically  deteriorated  or  obsolete  or  to  a 
large  extent  vacant,  or  in  which  much  of  the  real  estate  has 
in  recent  years  been  sold  or  taken  for  non-payment  of  taxes 
or  upon  foreclosure  of  mortgages,  or  in  which  many  build- 
ings have  been  torn  down  and  not  replaced  and  in  which 
under  existing  conditions  it  is  improbable  that  the  buildings 
will  be  replaced  or  repaired,  and  in  which  any  of  the  fore- 
going conditions  are  growing  worse  and  values  are  declin- 
ing, so  that  there  is  a  large  body  of  land  substantially  useless 
in  its  existing  condition. 


710 


Acts,  1945.  —  Chap.  654. 


Certain  areas 
may  be  ac- 
quired by 
eminent 
domain  or 
regulated. 


Establish- 
ment of  a 
corporation 
to  carry  out 
a  project. 


Section  2,  It  is  hereby  declared  that  areas  exist  in  certain 
cities  and  towns  of  this  commonwealth  wherein  dwellings 
predominate  which  by  reason  of  dilapidation,  overcrowding, 
faulty  arrangement  or  design,  lack  of  ventilation,  light  or 
sanitation  or  any  combination  of  these  factors,  are  unfit  for 
human  habitation,  and  that  the  existence  of  these  areas  is 
detrimental  to  the  public  safety,  health  or  morals;  that 
other  areas  exist  which  are  decadent  to  such  an  extent  as 
to  have  become  social  and  economic  liabilities  to  the  com- 
munity; that  other  areas  exist  which  by  reason  of  inappro- 
priate subdivision,  the  removal  of  means  of  transportation 
or  a  change  in  business  or  economic  practices  or  other  like 
causes  have  become  incapable  of  beneficial  use  or  develop- 
ment by  private  enterprise  under  existing  law;  that  from 
time  to  time  one  or  more  large  areas  are  devastated  by  fire, 
flood,  explosion  or  other  calamity,  and  by  reason  of  the  size 
and  shape  of  the  parcels  of  land  and  the  location  of  the 
streets  and  other  public  utilities  within  and  adjacent  to  the 
area,  cannot  be  restored  by  private  enterprise  under  exist- 
ing law  without  perpetuating  conditions  unfavorable  to  the 
public  health,  safety,  convenience  and  welfare;  that  in 
many  of  the  areas  above  described  the  owners  of  the  several 
parcels  of  land  within  the  area  are  affected  by  the  unfavor- 
able conditions  in  a  similar  way,  but  cannot  agree  upon  a 
method  of  putting  their  property  to  its  most  beneficial  use; 
that  a  public  exigency  exists  which  makes  the  reclamation, 
restoration  and  rehabilitation  of  such  areas  a  public  use  and 
benefit  for  which  private  property  may  be  acquired  by 
eminent  domain  or  regulated  by  wholesome  and  reasonable 
orders,  laws  and  directions  for  the  good  and  welfare  of  this 
commonwealth. 

Section  3.  Three  or  more  persons  may  associate  them- 
selves by  written  agreement  of  association,  in  a  form  fur- 
nished or  approved  by  the  commissioner  of  corporations  and 
taxation,  with  intent  to  form  a  corporation  for  the  purpose 
of  carrying  out  a  project  authorized  and  approved,  or  to  be 
authorized  and  approved,  by  the  housing  board.  No  such 
corporation  shall  undertake  more  than  one  project.  Such 
project  shall  consist  of  (a)  the  acquisition  of  one  or  more 
areas  wherein  dwellings  predominate  which  by  reason  of 
dilapidation,  overcrowding,  faulty  arrangement  or  design, 
lack  of  ventilation,  light  or  sanitation  facilities,  or  any  com- 
bination of  these  factors,  are  detrimental  to  safety,  health 
or  morals,  or  one  or  more  areas  which  are  decadent  to  such 
an  extent  as  to  have  become  a  social  or  economic  liability 
to  the  community;  or  one  or  more  areas  which  by  reason  of 
inappropriate  subdivision,  the  removal  of  means  of  trans- 
portation or  a  change  in  business  and  economic  practices 
or  other  like  cause  have  become  incapable  of  beneficial  use 
or  development  by  private  enterprise  under  existing  law; 
or  one  or  more  areas  in  which  a  large  number  of  the  build- 
ings have  been  destroyed  by  fire,  flood,  explosion  or  other 
calamity;    (6)  the  demolition  or  rehabilitation  of  the  build- 


Acts,  1945.  —  Chap,  654.  711 

ings  thereon;  and  (c)  the  provision  thereon,  or  adjacent 
thereto,  either  by  construction  or  rehabilitation,  of  decent, 
safe  and  sanitary  dwellings  to  be  developed  and  admin- 
istered so  as  to  promote  serviceability,  efficiency,  economy 
and  stability,  together  with  appurtenant  facihties.  Such 
appurtenant  facilities  shall  include  such  use  for  business, 
commercial,  cultural  or  recreational  purposes,  related  to 
the  project  as  may  be  approved  by  the  housing  board  as 
best  serving  the  public  interest.  The  area  or  areas  included 
in  a  project  shall  be  of  sufficient  size  to  make  the  carrying 
out  of  the  project  a  public  use  and  benefit. 

The  laws  relative  to  corporations  organized  under  and  ^"bPct^^o"*" 
subject  to  chapter  one  hundred  and  fifty-six,  except  section  provisions  of 
seven  of  said  chapter,  so  far  as  consistent  with  the  provisions  "'^^p'^'"  ^^^ 
of  this  chapter  and  rules  and  regulations  made  under  author- 
ity thereof,  shall  apply  to  corporations  so  formed;  provided, 
that  no  stock  shall  be  issued  without  par  value;    and  cor- 
porations so  formed  are  hereby  declared  to  be  instrumentali- 
ties of  the  commonwealth. 

Section  4-  The  housing  board  may  make,  and  from  time  Rules  and 
to  time  amend,  reasonable  rules  and  regulations  in  regard  to  ■•eguiations. 
the  procedure  for  securing  the  approval  of  projects  under 
this  chapter  and  for  the  financing,  construction,  management 
and  maintenance  of  such  projects.  The  housing  board  may, 
for  the  guidance  of  the  proponents  of  a  project,  fix  general 
standards  to  which  the  plans  of  such  a  project  shall  conform. 
Variations  from  such  standards  may  be  allowed  for  the  ac- 
complishment of  the  purposes  of  this  chapter.  Such  stand- 
ards may  contain  provisions  more  restrictive  than  those 
imposed  by  applicable  planning,  zoning,  health  and  building 
laws,  ordinances,  by-laws  and  regulations. 

Section  5.  The  persons  who  have  executed  an  agreement  ^^^111^°^ 
of  association  under  section  three  shall,  before  presenting  housing 
the  agreement  of  association  to  the  state  secretary  for  filing,  ''°*'"'^ 
submit  to  the  housing  board  an  application  for  its  approval 
of  the  project  for  the  carrying  out  of  which  the  corporation 
is  sought  to  be  formed  and  its  consent  to  the  formation  of 
such  corporation.  Such  application  shall  specify  the  location 
of  the  proposed  project  and  shall  state  the  reasons  why  the 
project  is  necessary  or  desirable,  the  uses  to  which  the  project 
is  to  be  put,  the  estimated  cost  of  the  project,  and  the  amount 
of  capital  which  it  is  intended  to  raise.  Such  application 
shall  also  contain  in  general  terms  a  description  of  the  build- 
ings, structures  or  facilities  which  it  is  proposed  to  furnish, 
and  shall  be  accompanied  by  a  site  plan  and  typical  building 
plan  and  typical  elevations  of  the  proposed  buildings  or 
structures. 

Section  6.     Whenever    the    housing    board    is    asked    to  Approval  by 
approve  the  formation  of  a  corporation  under  section  three,  ^a^focal^''" 
it  shall  transmit  the  application  to  the  mayor  of  the  city,  or  planning 
the  selectmen  of  the  town,  in  which  the  proposed  project  is 
located,  and  the  mayor  or  the  selectmen,  as  the  case  may  be, 
shall  request  the  planning  board  of  such  city  or  town,  if 


712 


Acts,  1945. —  Chap.  654. 


Certificate  of 
approval  by 
bousing 
board. 


there  is  any  such  board,  to  make  a  report  on  such  appUcation. 
Such  planning  board  shall,  after  a  public  hearing,  of  which 
reasonable  notice  shall  be  given,  determine  whether  the  pro- 
posed project  conflicts  with  the  master  plan  of  the  citj'^  or 
town  made  by  authority  of  chapter  forty-one,  if  such  a  plan 
has  been  made,  whether  the  site  of  the  proposed  project  is 
within  one  of  the  areas  in  which,  in  the  opinion  of  the  plan- 
ning board,  large  scale  redevelopment  in  behalf  of  the  public 
health,  safety  and  morals  and  the  general  welfare  is  most 
warranted,  and  whether  the  proposed  project  would  be  in 
any  way  detrimental  to  the  best  interests  of  the  public  or 
the  city  or  town  or  to  the  public  safety  and  convenience, 
or  inconsistent  with  the  most  suitable  development  of  the 
city  or  town. 

If  the  carrying  out  of  a  project  will  involve  the  destruc- 
tion or  rehabilitation  of  buildings  occupied  in  whole  or  in 
part  as  dwellings,  such  planning  board  shall  determine 
whether  in  its  opinion  there  will  be  dwelling  accommodations 
at  substantially  similar  rentals  to  which  the  occupants  of 
such  dwellings  may  move  without  undue  hardship,  and  unless 
it  finds  that  there  will  be  such  accommodations  it  shall  not 
approve  the  project.  Such  planning  board  shall  submit  to 
the  mayor  or  the  selectmen  a  report  which  shall  be  open  to 
public  inspection,  approving  or  disapproving  the  project, 
together  with  its  reasons  for  approval  or  disapproval.  The 
mayor  or  the  selectmen  shall  transmit  the  report  of  the 
planning  board  to  the  housing  board  together  with  his  or 
their  approval  or  disapproval  of  the  project.  If  there  is  no 
planning  board  in  such  city  or  town,  the  hearing  herein  pre- 
scribed shall  be  held  and  the  report  made  by  the  mayor  or 
the  selectmen. 

The  housing  board,  if  it  receives  a  certificate  evidencing 
the  approval  of  the  mayor  or  the  selectmen,  and  of  the  plan- 
ning board,  if  any,  and  if  it  finds  that  the  conditions  exist 
which  warrant  the  carrying  out  of  the  project  and  that  in 
its  opinion  the  cost  of  the  project  has  been  correctly  estimated 
and  the  project  will  be  practicable,  and  that  the  construc- 
tion and  use  of  the  project  will  not  be  in  contravention  of 
any  zoning,  subdivision,  health  or  building  ordinances  or 
by-laws  or  rules  and  regulations  of  the  city  or  town,  or  of 
any  municipal  board,  in  effect  in  the  location  of  the  proposed 
project,  or  of  the  standards  fixed  by  the  board  under  section 
four,  shall  issue  a  certificate  that  it  approves  the  project  and 
consents  to  the  formation  of  a  corporation  to  carry  it  out. 
The  agreement  of  association  shall  not  be  presented  to  the 
state  secretary  for  filing,  nor  shall  he  file  it,  unless  it  is  ac- 
companied by  such  certificate.  If  the  housing  board  dis- 
approves the  project  it  shall  state  its  objections  in  writing  and 
may  suggest  changes  in  the  project,  or  in  the  plans  therefor, 
which,  if  adopted,  would  meet  its  objections.  If  the  persons 
so  associated  determine  to  proceed  in  accordance  with  the 
changes  suggested,  they  shall  amend  their  application  ac- 
cordingly and  submit  the  application  as  amended  to  the 


Acts,  1945.  — Chap.  654.  713 

housing  board  for  its  approval.  The  housing  board  may 
approve  or  disapprove  such  apphcation  as  amended,  unless 
in  its  opinion  the  proposed  change  is  a  fundamental  one. 
In  such  case  the  housing  board  shall  transmit  the  applica- 
tion as  amended  to  the  mayor  of  the  city  or  the  selectmen 
of  the  town  in  which  the  project  is  to  be  located,  and  the 
provisions  of  this  section  in  respect  to  original  applications 
shall  be  applicable  thereto. 

Section  7.  No  more  than  such  proportion  of  the  esti-  Financing 
mated  cost  of  a  project,  not  exceeding  eighty  per  cent  thereof,  °^  vroicd. 
as  the  housing  board  shall  approve,  shall  be  raised  by  borrow- 
ing the  same,  and  the  remainder  of  such  estimated  cost  and 
such  additional  capital  as  the  housing  board  has  required 
or  approved,  unless  provided  by  grants  or  gifts,  shall  be 
raised  by  subscription  to  or  sale  of  the  capital  stock  of  the 
corporation.  No  such  corporation  shall  enter  upon  the  con- 
struction of  a  project  until  the  full  amount  to  be  paid  for 
its  capital  stock  as  above  determined  has  been  deposited 
in  its  treasury  in  cash  or  in  property  as  hereinafter  provided. 
The  stock  of  such  a  corporation  shall  first  be  offered  to  the 
owners  of  the  real  estate  within  the  location  of  the  project 
and  each  owner  may  subscribe  to  said  stock  in  an  amount 
not  in  excess  of  the  value  less  encumbrances  of  his  real 
estate  within  such  location  and  may  pay  his  subscription 
by  a  deed  of  his  said  real  estate,  to  be  held  in  escrow  by  the 
housing  board  until  the  full  amount  of  the  capital  has  been 
raised.  The  valuation  of  said  real  estate  for  the  purposes  of 
this  section  shall  be  determined  by  agreement,  subject  to 
the  approval  of  the  housing  board,  and  if  the  parties  cannot 
agree  upon  the  valuation,  it  shall  be  determined  by  the 
housing  board.  If  the  owner  is  dissatisfied  with  the  amount 
so  offered,  his  deed  shall  be  returned  to  him  and  his  sub- 
scription shall  be  cancelled,  but  his  right  to  subscribe  to  the 
stock  in  cash  if  he  so  elects  and  his  right  to  recover  the  value 
of  his  land  in  the  appropriate  proceedings  if  taken  by  eminent 
domain  by  the  corporation  shall  not  be  impaired  by  his 
action  under  this  section. 

So  much  of  the  stock  as  has  not  been  subscribed  for  by  the 
owners  of  the  real  estate  within  thirty  days  after  it  has  been 
offered  to  them  shall  be  issued  to  the  persons  who  signed  the 
agreement  of  association,  in  proportion  to  but  not  in  excess 
of  their  respective  subscriptions  and  any  remaining  stock 
shall  be  offered  to  the  general  public.  All  of  the  capital 
stock  of  the  corporation  shall  carry  with  it  the  same  rights 
and  privileges. 

The  stocks,  bonds  and  other  securities  of  such  corporations 
shall,  subject  to  the  approval  of  the  commissioner  of  insur- 
ance, be  legal  investments  for  the  capital  and  other  funds  of 
insurance  companies,  and  the  bonds  and  notes  of  such  a  cor- 
poration, when  secured  by  a  first  mortgage  upon  its  real 
estate  shall,  subject  to  the  approval  of  the  commissioner  of 
banks  and,  in  the  case  of  savings  banks,  of  the  directors  of 
Mutual  Savings  Central  Fund,  Inc.,  be  legal  investments 


714 


Acts,  1945.  —  Chap.  654. 


Inspection 
of  buildings. 


Enforcement 
of  provisions 
of  this 
chapter. 


Limitation  of 
repayment  of 
investment 
in  project. 


Exemption 
from  taxation 
under  chaptor 
fifty-nine. 


for  the  deposits  and  the  income  derived  therefroin  of  savings 
banks  and  the  savings  departments  of  trust  companies  and 
for  the  trust  funds  of  trust  companies. 

Section  8.  The  construction  of  all  buildings  upon  a  proj- 
ect shall  be  inspected  by  competent  persons  chosen  by  the 
housing  board,  to  the  extent  necessary  to  make  certain  that 
such  construction  is  in  conformity  with  the  application  as 
approved  by  the  housing  board.  Every  such  corporation 
shall  be  deemed  to  have  been  organized  to  serve  a  public 
purpose,  and  shall  remain  at  all  times  subject  to  reasonable 
rules  and  regulations  of  the  housing  board.  All  real  estate 
acquired  by  any  such  corporation  and  all  structures  erected 
by  it  shall  be  deemed  to  be  acquired  or  erected  for  the  pur- 
pose of  promoting  the  public  health,  safety  and  welfare  and 
shall  be  subject  to  the  provisions  of  this  chapter. 

If  the  housing  board  shall  find  that  a  corporation  has 
violated  any  of  the  provisions  of  this  chapter  or  the  require- 
ments of  the  board  thereunder  with  respect  to  the  construc- 
tion and  financing  of  a  project,  or  to  the  payments  therefor, 
or  that  the  rules  and  regulations  of  the  board  have  not  been 
complied  with,  or  that  a  project  is  not  maintained  in  such  a 
way  as  to  carry  out  the  purpose  for  which  it  was  designed, 
or  that  strip  or  waste  caused  by  unreasonable  use  or  abuse 
of  the  buildings,  structures  or  facilities  thereon  exist,  it  shall 
notify  the  holders  of  any  mortgages,  or  mortgage  bonds 
thereon,  or  the  trustee,  if  any,  for  the  bondholders,  and  it 
may  institute  a  proceeding  in  equity  in  its  own  name  for  the 
purpose  of  preventing,  or  requiring,  as  the  case  may  be,  by 
injunction  or  otherwise,  any  such  act  or  failure  or  omission 
to  act.  The  remedies  provided  in  this  section  shall  be  in 
addition  to  and  not  in  substitution  for  any  other  available 
remedies. 

Section  9.  Except  as  provided  in  section  sixteen,  the 
stockholders  of  every  such  corporation  shall  be  deemed, 
when  they  subscribe  to  and  receive  the  stock  thereof,  to  have 
agreed  that  they  shall  at  no  time  receive  or  accept  from  the 
corporation,  in  repayment  of  their  investment  in  its  stock, 
any  sums  in  excess  of  the  par  value  of  the  stock,  together 
with  cumulative  dividends  at  the  rate  of  six  per  centum  per 
annum.  No  stockholder  in  any  such  corporation  shall  re- 
ceive any  dividend  in  any  one  year  in  excess  of  six  per 
centum  per  annum,  except  that  when  in  any  prior  year  or 
years  dividends  in  the  amount  authorized  to  be  paid  by  such 
corporation  shall  not  have  been  paid  in  full  on  the  said 
stock,  the  stockholders  shall  be  entitled  to  receive  the  pay- 
ment of  so  much  of  such  deficiency,  without  interest,  out 
of  any  surplus  earned  in  any  succeeding  year,  as  the  direc- 
tors of  the  corporation  shall  determine.  Nothing  in  this 
section  shall  be  applicable  to  the  payment  of  dividends  out  of 
profits  from  the  sale  of  the  capital  assets  of  the  corporation. 

Section  10.  The  real  estate  and  personal  property  of  any 
such  corporation  shall  for  a  period  of  forty  years  after  its 
organization  be  exempt  from  taxation  under  chapter  fifty- 


Acts,  1945. —  Chap.  654.  715 

nine.  During  such  period  every  such  corporation  shall  in  Paymentato 
lieu  of  such  taxes,  but  subject  to  the  provisions  of  section  we^afth™™°"' 
fifteen,  pay  annually  to  the  commonwealth  with  respect  to 
its  corporate  existence  at  any  time  within  the  preceding  cal- 
endar year  an  excise  equal  to  the  sum  of  the  following: 
namely,  an  amount  equal  to  five  per  cent  of  its  gross  in- 
come in  such  year,  from  all  sources,  and  an  amount  equal  to 
ten  dollars  per  thousand  upon  the  fair  cash  value  of  the  real 
estate  and  tangible  personal  property  of  such  corporation, 
as  of  January  first  in  the  taxable  year,  to  be  determined  by 
the  assessors  of  the  city  or  town  in  which  the  project  is 
located  and  subject  to  abatement  and  appeal  as  in  the  case 
of  city  or  town  taxes;  provided  that  such  excise  shall  not  in 
any  year  be  less  than  an  amount  equal  to  that  which  the 
city  or  town  would  receive  for  taxes,  at  the  rate  for  such 
year,  upon  the  average  of  the  assessed  values  of  the  real 
estate  held  by  such  corporation  for  the  three  years  last  pre- 
ceding the  acquisition  thereof.  While  the  provisions  of  this 
section  are  in  effect,  such  corporation  shall  pay  no  other 
excise  under  chapter  sixty-three. 

All  provisions  of  chapter  sixty-three  relative  to  the  as-  provisions  of 
sessment,  collection,  payment,  abatement,  verification  and  thfi'e^tppn-^ 
administration  of  taxes,  including  penalties,  applicable  to  cable  to  taxes 
domestic  business  corporations,  as  defined  in  section  thirty  "e'ctfon.  '" 
of  said  chapter,  shall  be  applicable  to  taxes  under  this  sec- 
tion.   Said  tax  shall  be  distributed,  credited  and  paid  to  the  Distribution 
city  or  town  of  the  commonwealth  where  the  project  of  the  °^  ^^^^^' 
corporation  is  located. 

Section  1 1 .  Any  such  corporation  may  lease  land  or  may  Right  to  lease, 
acquire  land  in  fee,  by  gift  or  purchase,  or,  with  the  approval  ^*'''  '*"'* 
of  the  housing  board,  may  take  land  by  eminent  domain 
under  chapter  seventy-nine  for  projects  approved  under 
section  six  hereof;  provided,  however,  that  the  award  of 
damages  under  section  seven  of  said  chapter  seventy-nine 
shall  be  made  by  the  housing  board,  and,  subject  to  rules 
and  regulations  of  the  housing  board,  any  such  corporation 
may  hold,  improve,  subdivide,  build  upon,  lease,  manage 
and  care  for  such  land  and  any  buildings  thereon. 

Any  such  corporation  may,  with  the  approval  of  the  hous- 
ing board,  institute  proceedings  for  the  taking  of  land  for  its 
project  under  chapter  eighty  A,  and  the  directors  of  such 
corporation  shall  be  deemed  the  board  of  officers  authorized 
to  proceed  under  said  chapter;  and  the  provisions  of  said 
chapter  shall,  so  far  as  apt,  apply  to  proceedings  so  insti- 
tuted; but  such  directors  shall  have  no  power  to  assess  bet- 
terments. 

Any  such  corporation  shall  have  power,  with  the  approval 
of  the  housing  board,  to  sell  the  whole  or  any  part  of  the 
land  acquired  by  it  under  this  section  with  the  buildings  or 
other  structures  thereon  to  another  corporation,  but  such 
land,  buildings  or  other  structures  may  be  sold  only  subject 
to  the  requirement  that  any  change  in  the  benefits  and  re- 
strictions applicable  to  such  other  corporation  and  any  other 


716 


Acts.  1945. —  Chap.  654. 


Right  to 
receive  loans, 
'  etc.,  from 
federal 
governmonr 


Change  in 
type  and 
character  of 
buildings 
authorized. 


Right  to 
enter  into 
certain  con- 
tracts with 
cities  and 
towns. 


changes  in  the  project  shall  not  be  valid  unless  approved 
in  the  manner  provided  in  section  six. 

Section  12.  Any  such  corporation  shall  have  power  to  re- 
ceive loans  and  grants  from  the  federal  government  or  any 
agency  or  instrumentality  thereof  or  from  any  other  source, 
public  or  private,  or  to  act  as  agent  of  or  to  co-operate  with 
the  federal  government  or  any  agency  or  instrumentality 
thereof  on  any  project  of  the  kind  or  character  authorized 
by  section  three;  provided  that  nothing  in  this  section  shall 
operate  to  impair  the  powers  and  duties  of  the  housing  board 
with  respect  to  any  such  corporation  or  any  project  oper- 
ated by  it.  Any  such  corporation  shall  also  have  power, 
subject  to  the  provisions  of  section  seven,  to  borrow  money 
and  to  issue  bonds,  notes  and  other  evidences  of  indebted- 
ness and  to  secure  the  same  by  the  mortgage  of  its  property 
or  the  pledge  of  its  revenues,  and  to  do  whatever  is  necessary 
or  convenient  to  carry  out  and  effectuate  the  provisions  of 
this  chapter. 

Section  13.  Any  such  corporation  may  apply  to  the 
housing  board  for  leave  to  change  the  type  and  character 
of  the  buildings  on  a  project.  The  housing  board  may  ap- 
prove such  application,  unless  in  its  opinion  the  proposed 
change  is  a  fundamental  one,  in  which  case  the  provisions 
of  section  five,  so  far  as  apt,  shall  apply  to  an  application 
for  such  change.  The  housing  board  shall  in  such  case 
transmit  the  appUcation  to  the  mayor  of  the  city  or  the 
selectmen  of  the  town  in  which  the  project  is  located,  and 
the  provisions  of  section  six  in  regard  to  the  powers  and 
duties  of  planning  boards,  and  of  the  mayor  or  the  select- 
men with  respect  to  original  applications  for  approval,  shall 
be  applicable  to  their  action  thereon.  The  housing  board, 
if  it  receives  a  certificate  evidencing  the  approval  of  the 
application  by  the  mayor  or  the  selectmen,  and  if  it  finds 
that  the  proposed  change  will  be  in  the  interest  of  the  health, 
safety  or  general  welfare  of  the  city  or  town  and  that  the 
proposed  use  is  authorized  by  section  three,  may  approve 
such  application,  and  the  corporation  may  act  in  accord- 
ance with  such  approval. 

Section  14..  Any  such  corporation  may  enter  into  a  con- 
tract with  the  city  or  town  in  which  its  project  has  been 
authorized,  or  with  the  appropriate  board  or  officer  of  such 
city  or  town,  and  any  such  city  or  town  or  such  board  or 
officer  may  enter  into  a  contract  with  such  a  corporation, 
by  which  such  city,  town,  board  or  officer  obligates  itself 
or  himself  to  do  any  or  all  of  the  following  things:  (a)  lay 
out  and  construct,  alter,  relocate,  change  the  grade  of, 
make  specific  repairs  upon  or  discontinue,  public  ways  and 
construct  sidewalks,  adjacent  to  or  through  a  project,  if 
such  action  is  found  to  be  required  by  the  common  neces- 
sity and  convenience;  (h)  cause  parks,  playgrounds  or 
schools,  or  water,  sewer  or  drainage  facilities,  or  any  other 
public  improvements  which  it  is  otherwise  authorized  to 
undertake,  to  be  laid  out,  constructed  or  furnished  adjacent 


Acts,  1945.  —  Chap.  654.  717 

to  or  in  connection  with  a  project;  (c)  cause  private  ways, 
sidewalks,  footpaths,  ways  for  vehicular  travel,  playgrounds, 
or  water,  sewer  or  drainage  facilities  and  similar  improve- 
ments, to  be  constructed  or  furnished  withm  the  site  of  a 
project  for  the  particular  use  of  a  project  or  of  those  dwelling 
therein. 

If  an}'  city  or  town  or  a  corporation  wholly  owned  or 
controlled  by  such  city  or  town  has  acquired  or  is  about  to 
acquire  real  estate  by  purchase  or  eminent  domain  for 
purposes  of  urban  redevelopment  or  similar  purposes,  such 
city  or  town,  or  such  corporation,  may  enter  into  a  contract 
with  a  corporation  organized  under  section  three  for  the 
purchase,  sale,  lease  or  exchange  of  real  estate  held  by 
either  of  the  parties  to  such  contract,  in  order  to  more  effec- 
tively carry  out  the  provisions  of  this  chapter. 

A  contract  under  this  section  between  a  city  or  town  or  a 
corporation  wholly  owned  or  controlled  by  a  city  or  town, 
and  a  corporation  organized  under  section  three,  shall  not 
be  subject  to  any  provision  of  law  relating  to  publication  or 
to  advertising  for  bids.  The  construction  of  a  project  under 
this  chapter  shall  be  subject  to  the  provisions  of  sections 
twenty-six  to  twentj^-seven  D,  inclusive,  of  chapter  one 
hundred  and  forty-nine 

Section  15.     Should  the  gross  receipts  of  any  such  corpo-  Distribution 
ration  from  the  operation  of  a  project  undertaken  by  it  o^re^ceipt^s 
under  authority  of  this  chapter,  in  any  year  exceed    (a)  of  certain 
operating  and  maintenance  expenses,    (6)   taxes  and  fees,  expendut^cs. 
(c)  interest  on  mortgages  and  other  indebtedness,  {d)  divi- 
dends, (e)  authorized  transfer  to  surplus,  and  (f)  amortiza- 
tion, the  amount  remaining  shall  be  applied  to  the  pay- 
ment to  the  city  or  town  in  which  the  project  is  located  of 
the  amount,  if  any,  by  which  the  taxes  which  would  have 
been  assessed  upon  the  real  estate  and  tangible  personal 
property  of  the  corporation  in  such  year  if  such  real  estate 
and  tangible  personal  property  had  not  been  exempt  from 
taxation,  exceeded  the  excise  paid  by  such  corporation  and 
distributed  to  such  city  or  town  in  such  year  under  section  ten. 

The  balance,  if  any,  may,  subject  to  the  approval  of  the 
housing  board,  be  applied  in  whole  or  in  part  to  reducing 
the  indebtedness  of  such  corporation,  to  renovating  or  to 
improving  the  propert}^,  as  by  installing  additional  facilities 
for  the  use  of  tenants,  to  the  acquisition  and  development 
of  additional  property  which  shall  be  subject  to  the  same 
control  and  regulation  as  the  original  project. 

The  charges  for  operation  and  maintenance  may  include 
insurance  and  reserves  essential  to  the  management  of  the 
property  or  necessary  to  meet  requirements  for  depreciation 
and  amortization  of  bonded  indebtedness,  but  the  amount 
set  aside  therefor  shall  be  subject  to  the  approval  of  the 
housing  board.  Nothing  in  this  eliapter  shall  be  construed 
to  obligate  the  commonwealth,  or  to  pledge  its  credit,  to 
any  payment  whatsoever  to  any  such  corporation  or  to  any 
stockholder,  bondholder  or  creditor  thereof. 


718 


Acts,  1945. —  Chap.  654. 


Rights  ac- 
quired by 
corporation 
after  forty 
years. 


tr. 


a  receiver. 


Section  16.  Notwithstanding  any  other  provisions  of 
this  chapter,  if  a  corporation  organized  under  section  three 
has  carried  out  its  obhgations  and  performed  its  duties  as 
imposed  by  this  chapter  for  forty  years  from  the  date  of  its 
organization  to  the  satisfaction  of  the  housing  board,  as 
evidenced  by  a  certificate  transmitted  by  the  board  to  the 
commissioner  of  corporations  and  taxation,  it  shall  there- 
after have  all  of  the  rights  and  privileges  of  a  corporation 
organized  under  or  subject  to  chapter  one  hundred  and 
fifty-six  and  be  subject  to  all  of  the  obhgations  and  duties 
of  such  a  corporation,  and  such  corporation,  and  its  stock- 
holders shall  thereafter  be  free  from  all  of  the  special  limita- 
tions, restrictions,  obligations  and  duties  imposed  upon 
corporations  organized  under  section  three  and  the  stock- 
holders thereof;  provided,  however,  there  shall  be  no  change 
in  the  standards  imposed  upon  the  project  with  respect  to 
the  height,  number  of  stories  and  size  of  the  buildings  and 
other  structures  thereon,  the  percentage  of  land  which  may 
be  occupied  by  buildings,  the  size  and  location  of  open 
spaces,  the  location  and  use  of  the  buildings,  and  the  rents 
charged  to  the  occupants  thereof,  and  the  project  shall  not 
be  divided  into  separate  parcels,  unless  such  change  or  divi- 
sion is  approved  in  the  manner  provided  in  section  six. 

Section  17.  If  any  such  corporation  becomes  financially 
unable  to  meet  its  obligations  or  to  maintain  its  project  in 
such  a  way  as  to  carry  out  the  purpose  for  which  the  cor- 
poration was  organized,  the  superior  court  of  the  county  in 
which  the  project  is  located  shall  have  jurisdiction,  in  ac- 
cordance with  its  general  equity  powers,  upon  the  petition 
of  the  housing  board,  or  of  any  three  stockholders  or  cred- 
itors of  the  corporation,  to  appoint  the  housing  board  re- 
ceiver of  the  corporation.  If  so  appointed  the  housing  board 
shall  endeavor  to  work  out  a  plan  of  readjustment,  refinanc- 
ing or  reorganization,  with  due  recognition  of  the  priority 
of  the  rights  of  the  respective  lien  holders,  creditors  and 
other  persons  interested  in  the  property  of  or  in  claims 
against  the  corporation,  which  will  enable  such  corporation 
to  carry  out  the  purpose  for  which  the  project  was  designed, 
either  in  accordance  with  the  original  plan,  or  through  a 
change  in  the  type  and  character  of  the  buildings  thereon 
in  accordance  with  section  thirteen.  If  however  in  the 
opinion  of  the  housing  board  it  has  become  impossible  to 
carry  out  such  purpose  authorized  by  this  chapter,  the 
housing  board  shall  issue  an  order  directing  that  the  cor- 
poration be  dissolved,  its  assets  be  sold  and  its  habilities  be 
paid,  in  the  order  of  their  priority,  so  far  as  funds  are  avail- 
able, and  the  purchaser  of  the  real  estate  and  other  assets  of 
the  corporation  upon  such  sale  shall  have  a  clear  and  un- 
encumbered title  thereto,  free  from  any  of  the  restrictions 
and  limitations  imposed  by  this  chapter.  In  either  event, 
the  order  of  the  housing  board,  before  taking  effect,  shall  be 
submitted  to  the  court  for  confirmation,  and  the  decree  of 
the  court  confirming  such  order  shall  be  fiinal  and  conclu- 


Acts,  1945.  —  Chap.  654.  719 

sive  upon  all  parties.  If  the  court  does  not  confirm  such 
order,  it  shall  refer  the  matter  back  to  the  housing  board 
with  mstructions  to  proceed  further  in  the  matter  as  the 
court  may  direct.  If  the  court  shall  find  that  the  corpora- 
tion was  not  organized,  or  the  project  was  not  constructed, 
operated  or  maintained,  in  good  faith,  with  the  intent  to 
carry  out  the  purposes  of  this  chapter,  it  shall  make  such 
decree  as  justice  and  equity  may  require;  but  the  rights  of 
persons  who  have  in  good  faith  invested  in  the  securities 
of  or  extended  credit  to  the  corporation  shall  not  thereby 
be  impaired. 

Section  18.     An  insurance  company  incorporated  under  insurance 
the  laws  of  the  commonwealth  or  authorized  to  transact  may^undw- 
business   in   the   commonwealth,    instead   of   investing   its  ^thcertlFn" 
funds  in  the  stocks,  bonds  and  other  securities  of  a  cor-  exceptions. 
poration  organized  under  section  three,  may  with  the  ap- 
proval of  the  commissioner  of  insurance,  itself  undertake 
one  or  more  projects  under  this  chapter,  and  the  provisions 
of  this  chapter,  specifically  mcluding  the  powers  granted 
by  section  eleven,  shall,  so  far  as  apt,  be  appUcable  to  such 
company  and  such  projects,  excepting  the  following: 

(a)  Only  so  much  of  section  three  as  relates  to  the  char- 
acter of  the  projects  undertaken  shall  be  applicable;  but 
if  an  insurance  company  undertakes  more  than  one  project, 
the  accounts  for  each  project  shall  be  kept  separately,  and 
the  income  of  one  project  shall  not  be  expended  upon  or 
for  the  benefit  of  another  project. 

(6)  The  application  for  the  approval  of  a  project  shall  be 
submitted  by  the  directors  of  the  insurance  company  and   • 
an  apphcation  so  submitted  shall  be  subject  to  all  of  the 
provisions  of  this  chapter  relative  to  applications  by  the 
persons  who  have  executed  an  agreement  of  association. 

(c)  So  much  of  section  six  as  relates  to  the  agreement  of 
association  shall  not  be  applicable  to  such  company. 

{d)  Section  seven  shall  not  be  applicable  to  such  com- 
pany. 

(e)  So  much  of  section  eight  as  provides  that  "Every 
such  corporation  shall  be  deemed  to  have  been  organized  to 
serve  a  public  purpose"  shall  be  construed  to  mean  "Every 
such  project  shall  be  deemed  to  have  been  undertaken  to 
serve  a  public  purpose." 

(/)  Section  nine  shall  not  be  applicable  to  such  company; 
but  such  company  shall  not  receive  or  accept  for  its  general 
purposes  as  net  income  from  a  project  any  sum  in  excess  of 
six  per  cent  of  the  amount  invested  by  it  in  such  project  for 
each  year  in  which  it  owns  or  has  owned  the  project.  Noth- 
ing in  this  section  shall  be  appUcable  to  the  payment  of 
dividends  out  of  profits  from  the  sale  of  the  capital  assets 
of  the  corporation. 

{g)  So  much  of  section  ten  as  applies  to  the  taxation  of  a 
corporation  organized  under  section  three  shall  apply  to  an 
insurance  company  only  with  respect  to  a  particular  project 
or  to  particular  projects,  and  such  company  shall  remain 


720 


Acts,  1945. —  Chaps.  655,  656. 


Provisions 
of  chapter 
severable. 


subject  to  all  other  taxation  imposed  by  law  with  respect  to 
its  other  activities  and  property. 

(h)  So  much  of  section  fifteen  as  relates  to  reducing  the 
indebtedness  of  a  corporation  shall  apply  oi^ly  to  indebted- 
ness incurred  in  connection  with  a  project. 

(i)  So  much  of  section  sixteen  as  provides  that  under 
certain  circumstances  a  corporation  shall  have  all  of  the 
rights  and  privileges  of  a  corporation  organized  or  subject 
to  chapter  one  hundred  and  fifty-six  shall  be  construed  to 
mean  that  an  insurance  company  may  under  like  circum- 
stances lawfully  continue  to  hold  the  project  but  shall  in 
other  respects  be  subject  to  all  of  the  obligations  and  duties 
of  an  insurance  company. 

0)  The  provisions  of  section  seventeen  shall  not  be 
applicable. 

Section  19.  The  provisions  of  this  chapter  are  hereby 
declared  to  be  severable,  and  if  any  such  provision,  or  the 
application  of  any  such  provision  to  any  person  or  circum- 
stance shall  be  held  to  be  invalid  or  unconstitutional,  such 
invalidity  or  unconstitutionality  shall  not  be  construed  to 
affect  the  validity  or  constitutionality  of  any  of  the  remain- 
ing provisions  of  said  chapter  or  the  application  of  such  pro- 
vision to  persons  or  circumstances  other  than  those  to  which 
it  is  held  invalid.  It  is  hereby  declared  to  be  the  legislative 
intent  that  this  chapter  would  have  been  adopted  had  such 
invalid  or  unconstitutional  provision  not  been  included 
therein. 

Section  2.  Sections  twenty-six  A  to  twenty-six  H, 
inclusive,  of  chapter  one  hundred  and  twenty-one  of  the 
General  Laws,  as  appearing  in  the  Tercentenary  Edition 
thereof,  are  hereby  repealed;  but  nothing  in  this  section 
shall  affect  the  powers,  rights,  duties  and  obhgations  of  any 
corporation  organized  under  the  provisions  of  said  sections 
and  in  existence  on  the  date  when  this  act  takes  effect. 

Approved  July  23,  1945. 

Chap.655  An  Act  providing  for  the  further  sanding  of  malibu 

BEACH,   SO   CALLED,    IN   THE   DORCHESTER  DISTRICT  OF  THE 
CITY    OF   BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

The  metropolitan  district  commission  is  hereby  authorized 
and  directed  to  continue  and  complete  the  sanding  of  Malibu 
beach,  so  called,  in  the  Dorchester  district  of  the  city  of 
Boston.  For  said  purposes  said  commission  may  expend 
such  sum,  not  exceeding  five  thousand  dollars,  as  may  here- 
after be  appropriated  therefor.      A  pproved  July  23,  1945. 

Chap.Q5Q  An  Act  providing  for  additional  recreational  facili- 
ties  FOR    CHILDREN   AT  REVERE   BEACH. 

Be  it  enacted,  etc.,  as  follows: 

The  metropolitan  district  commission  is  hereby  author- 
ized to  provide  additional  recreational  facilities  for  children 


G.  L.  (Ter. 
Ed.),  121, 
§§  26A-26H, 
repealed. 


Acts,  1945. —  Chaps.  657,  G5S.  721 

at  Revere  beach  in  the  city  of  Revere.  For  said  purposes 
said  commission  may  expend  such  sums,  not  exceeding,  in 
the  aggregate,  twenty-five  hundred  dollars,  as  may  hereafter 
be  appropriated  therefor.  Appj-oved  July  23,  1945. 

An  Act  authorizing  the  three  rivers  fire  district  of  (J}iqj)  A57 

THE   TOWN   OF   PALMER   TO    BORROW    FOR   THE    PURPOSE    OF  ^' 

ESTABLISHING  A  WATER  SI^PPLY  AND  WATER  STORAGE  AND 
DISTRIBUTION    FACILITIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  establishing  a  water  sup- 
ply and  water  storage  and  distribution  facilities,  the  Three 
Rivers  Fire  District  of  the  town  of  Palmer  may  borrow  from 
time  to  time,  within  a  period  of  five  years  from  the  passage 
of  this  act,  such  sums  as  may  be  necessary,  not  exceeding,  in 
the  aggregate,  twenty  thousand  dollars,  and  may  issue  bonds 
or  notes  therefor,  which  shall  bear  on  their  face  the  words, 
Three  Rivers  Fire  District  Loan,  Act  of  1945.  Each  author- 
ized issue  shall  constitute  a  separate  loan,  and  such  loans 
shall  be  paid  in  not  more  than  thirty  3'ears  from  their  dates. 
Indebtedness  incurred  under  this  act  shall  be  in  excess  of 
the  statutory  limit,  but  shall,  except  as  provided  herein,  be 
subject  to  chapter  forty-four  of  the  General  Laws, 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  23,  1945. 

An  Act  to  establish  a  single  contributory  retirement  Cfiar)  658 

LAW    FOR    public    EMPLOYEES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.      Chapter  thirty-two  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  amended  by  striking  out  sections  one  to  thirty-eight  A  §|*/:3^s^a, 
inclusive,  and  sections  sixty-eight  A,  sixty-eight  B  and  sixt}^-  tjSA.  esB'and 
eight  C  and  inserting  in  place  thereof  the  twenty-eight  fol-       '  *""^"  *^ 
lowing  sections:  — 

DEFINITIONS. 

Section  1.     The  following  words  and  phrases  as  used  in  Definitions, 
sections  one  to   twenty-eight  inclusive,   unless  a  different 
meaning  is  plainly  required  by  the  context,  shall  have  the 
following  meanings:  — 

"Accumulated  additional  deductions",  the  sum  of  the 
amount  of  the  additional  deductions,  if  any,  and  the  amount 
of  regular  interest  thereon  credited  to  any  member's  account 
in  the  annuity  savings  fund  of  any  system. 

"  Accumulated  regular  deductions  ",  the  sum  of  the  amount 
of  the  regular  deductions  and  the  amount  of  regular  interest 
thereon  credited  to  any  member's  account  in  the  annuity 
savings  fund  of  any  system. 

"Accumulated  total  deductions",  the  sum  of  the  amount 
of  the  accumulated  regular  deductions  and  the  amount  of 
the  accumulated  additional  deductions,  if  any,  credited  to 


722  Acts,  1945.  —  Chap.  658. 

any  member's  account  in  the  annuity  savings  fund  of  any 
system. 

"Actuarial  equivalent",  any  benefit  of  equal  value  when 
computed  upon  the  basis  of  the  Combined  Annuity  Table  of 
Mortality  and  interest  at  the  rate  of  three  per  cent  per  an- 
num, as  applicable  to  male  lives,  with  a  female  life  considered 
as  a  male  life  at  an  age  five  years  younger  than  her  true  age. 

"Actuary",  a  member  of  the  actuarial  staff  of  the  division 
of  insurance  of  the  department  of  banking  and  insurance 
assigned  by  the  commissioner  of  insurance  to  perform  the 
actuarial  duties  required  by  the  provisions  of  sections  one 
to  twenty-eight  inclusive,  in  connection  with  any  contribu- 
tory retirement  system  established  thereunder  or  under  cor- 
responding provisions  of  earlier  laws. 

"Additional  deductions",  the  amounts  withheld  from  the 
regular  compensation  of  any  member  or  deposited  and  cred- 
ited to  his  account  in  the  annuity  savings  fund  of  any  sys- 
tem as  provided  for  in  paragraph  (1)  (g)  of  section  twenty- 
two,  other  than  regular  deductions. 

"Annuity",  payments  dependent  upon  the  continuance  of 
life  of  any  member  and  derived  from  his  accumulated  regular 
deductions  or  from  his  accumulated  additional  deductions,  if 
any,  or  from  both,  as  the  case  may  be. 

"Annuity  reserve",  the  present  value  as  of  any  date  of  all 
future  payments  to  be  made  on  account  of  any  annuity  when 
such  present  value  is  computed  upon  the  basis  of  the  table 
of  mortality  and  the  interest  rate  set  forth  in  the  definition 
of  actuarial  equivalent  appearing  in  this  section. 

"Annuity  reserve  fund",  the  fund  established  under  the 
provisions  of  subdivision  (2)  of  section  twenty-two  to  pro- 
vide for  the  payment  of  all  annuities  and  other  benefits  pay- 
able from  the  accumulated  total  deductions  transferred  to 
such  fund  from  the  annuity  savings  fund  of  any  system  as 
retirement  allowances  of  members  become  effective. 

"Annuity  savings  fund",  the  fund  established  under  the 
provisions  of  subdivision  (1)  of  section  twenty- two  to  pro- 
vide for  the  accumulation  of  the  regular  deductions  and  addi- 
tional deductions  of  the  members  of  any  system  and  from 
which  their  accumulated  total  deductions  are  paid  or  trans- 
ferred upon  their  withdrawal,  death  or  retirement,  as  the 
case  may  be. 

"Beneficiary",  any  person,  other  than  a  member,  who 
may  be  entitled  to  any  present  or  potential  benefit  under 
the  provisions  of  sections  one  to  twenty-eight  inclusive. 

"Board",  the  appropriate  retirement  board  established 
under  the  provisions  of  section  twenty  having  jurisdiction 
of  any  contributory  retirement  system  established  under  the 
provisions  of  sections  one  to  twenty-eight  inclusive,  or  under 
corresponding  provisions  of  earlier  laws. 

"Constitutional  officers",  the  governor,  heutenant  gover- 
nor, members  of  the  governor's  council,  state  secretary,  state 
treasurer,  state  auditor  and  attorney  general. 


Acts,  1945.  —  Chap.  658.  723 

"Creditable  service",  all  membership  service,  prior  service 
and  other  service  for  which  credit  is  allowable  to  any  mem- 
ber under  the  provisions  of  sections  one  to  twenty-eight 
inclusive. 

"Date  the  system  becomes  operative",  or  other  similar 
phrase,  to  the  extent  that  the  operation  of  the  system  per- 
tains to  any  governmental  unit  which  accepts  the  provisions 
of  sections  one  to  twenty-eight  inclusive,  as  provided  for  in 
section  twenty-eight,  or  which  has  accepted  corresponding 
provisions  of  earlier  laws,  shall  mean  the  date  subsequent  to 
the  acceptance  of  such  provisions  as  of  which  the  financial 
operations  of  such  system  commence  and  as  of  which  mem- 
bership therein  may  first  become  effective  for  employees  of 
such  governmental  unit. 

"District",  any  water,  sewer,  light,  fire  or  other  hnprove- 
ment  district  or  public  unit  created  within  one  or  more  po- 
litical subdivisions  of  the  commonwealth  for  the  purpose  of 
providing  public  services  or  conveniences. 

"Employee",  as  applied  to  persons  whose  regular  com- 
pensation, except  in  the  case  of  any  register  of  probate,  is 
paid  by  any  political  subdivision  of  the  commonwealth  ex- 
cept the  metropolitan  district  commission,  shall  mean  any 
person  who  is  regularly  employed  in  the  service  of  any  such 
political  subdivision,  including  members  of  the  police  and 
fire  departments,  teachers  and  employees  of  any  free  public 
library  maintained  in  any  city  or  town  to  the  support  of 
which  said  city  or  town  contributes  not  less  than  one  half 
of  the  cost,  and  also  including  officials  and  public  officers  so 
paid  whether  employed,  appointed  or  elected  by  popular 
vote  for  stated  terms  or  otherwise,  except  members  of  the 
judiciary.  "Employee",  as  applied  to  persons  whose  regu- 
lar compensation  is  paid  by  the  commonwealth  or  the  met- 
ropolitan district  commission,  as  the  case  may  be,  shall  mean 
any  person,  whether  employed  or  appointed  for  a  stated 
term  or  otherwise,  who  is  engaged  in  duties  which  require 
that  his  time  be  devoted  to  the  service  of  either  such  govern- 
mental unit  in  each  year  during  the  ordinary  working  hours 
of  regular  and  permanent  employees  and  who  is  regularly 
and  permanently  employed  in  such  service,  including  em- 
ployees of  the  general  court  and  state  officials,  but  excluding 
constitutional  officers,  members  of  the  general  court  or  other 
persons  elected  by  popular  vote,  assistant  attorneys  general 
and  members  of  the  judiciary. 

"Employees  of  the  general  court",  secretaries  to  the  presi- 
dent of  the  senate  and  the  speaker  of  the  house  of  repre- 
sentatives and  their  clerical  assistants;  counsel  to  the  senate 
and  the  house  of  representatives,  their  assistants  and  cleri- 
cal assistants;  clerks  of  the  senate  and  the  house  of  repre- 
sentatives, their  assistants  and  clerical  assistants;  the  ser- 
geant at  arms  and  his  assistant;  doorkeepers,  general  court 
officers  and  pages;  and  employees  of  the  legislative  docu- 
ment room. 


724  Acts,  1945.   -  Chap.  G5S. 

"Expense  fund",  the  fund  established  under  the  provisions 
of  subdivision  (5)  of  section  twenty-two  to  provide  for  the 
payment  of  all  expenses  of  administration  of  any  system. 

"Governmental  unit",  the  commonwealth  or  any  political 
subdivision  thereof. 

"Head  of  his  department",  or  other  similar  phrase,  when 
used  to  denote  the  authority  having  the  power  to  apply  for 
the  retirement  of  any  member  or  to  institute  any  action 
against  him,  shall  mean  the  governor  in  the  case  of  any  state 
official,  and  otherwise  shall  mean  the  board,  commission, 
committee  of  the  general  court,  school  committee,  commis- 
sioner, superintendent  or  other  person,  as  the  case  may  be, 
having  executive  control  over  the  department,  commission, 
institution,  board  or  office  in  which  such  member  is  em- 
ployed. "Head  of  his  department",  or  other  similar  phrase, 
when  used  to  denote  any  such  person  to  be  retired,  shall 
mean  a  commissioner,  superintendent  or  other  person  hav- 
ing executive  control  over  a  department  or  shall  mean  any 
member  of  a  commission,  board  or  committee  having  such 
control. 

"Hospital  district",  the  district  of  any  hospital  estab- 
lished under  the  provisions  of  sections  seventy-eight  to 
ninety  inclusive,  of  chapter  one  hundred  and  eleven. 

"Maximum  age",  the  age  on  the  last  day  of  the  month  in 
which  any  member  classified  in  Group  A  as  provided  for  in 
paragraph  (2)  (g)  of  section  three  attains  age  seventy,  or  if 
classified  in  Group  B  or  Group  C  attains  age  sixty-five. 

"Member",  any  employee  included  in  the  state  employees' 
retirement  system,  in  the  teachers'  retirement  system  or  in 
any  county,  city  or  town  contributory  retirement  system 
established  under  the  provisions  of  sections  one  to  twenty- 
eight  inclusive,  or  under  corresponding  provisions  of  earlier 
laws,  and  if  the  context  so  requires,  any  member  of  any 
contributory  retirement  system  established  under  the  pro- 
visions of  any  special  law. 

"Membership  service",  service  as  an  employee  in  any 
governmental  unit  rendered  since  becoming  a  member  of 
any  system  pertaining  to  such  governmental  unit  for  which 
credit  is  allowable  to  such  member  imder  tlie  i)rovisions  of 
sections  one  to  twenty-eight  inclusive. 

"Pension",  payments  dependent  upon  the  continuance  of 
life  of  any  member  or  beneficiary  and  derived  from  contri- 
butions made  by  the  appropriate  governmental  unit. 

"Pension  fund",  the  fund  established  under  the  provisions 
of  subdivision  (3)  of  section  twenty-two  to  provide  for  the 
payment  of  all  pensions  payable  on  account  of  members 
from  contributions  made  to  any  system  by  any  governmen- 
tal unit  to  which  such  system  pertains. 

"PoUtical  subdivision",  the  metropoUtan  district  commis- 
sion or  any  county,  hospital  district,  city,  town,  district  or 
other  public  unit  in  the  commonwealth,  as  the  case  may  be. 

"Prescribed  form",  any  form  prescribed  by  any  board 
and  subject  to  the  approval  of  the  actuary. 


Acts,  1945.  —  Chap.  658.  725 

"Prior  service"  or  "creditable  prior  service",  service  as 
an  employee  in  any  governmental  unit  rendered  priw  to 
the  date  the  system  pertaining  to  such  governmental  unit 
became  operative  and  for  which  credit  is  allowable  to  any 
member  under  the  provisions  of  sections  one  to  twenty- 
eight  inclusive. 

"Public  school",  any  day  school  conducted  in  the  com- 
monwealth under  the  superintendence  of  a  duly  elected 
school  committee  and  also  any  day  school  conducted  under 
the  provisions  of  sections  one  to  thirty-seven  inclusive  of 
chapter  seventy-four. 

"Regular  compensation",  during  any  period  prior  to  Jan- 
uary first,  nineteen  hundred  and  forty-six,  shall  mean  the 
full  salary,  wages  or  other  compensation  in  whatever  form, 
lawfull}'  determined  for  the  individual  service  of  the  em- 
ployee by  the  employing  authority,  from  which  regular  de- 
ductions were  made  pursuant  to  the  provisions  of  chapter 
thirty-two  applicable  from  time  to  time  prior  to  such  date; 
provided,  that  if  the  amount  of  such  salary,  wages  or  other 
compensation  has  been  reduced  or  increased  during  any  such 
period  as  a  general  temporary  adjustment  due  to  the  cost  of 
living  or  to  other  economic  conditions,  and  if  the  board  has 
received  from  the  appropriate  authority  a  written  notice  of 
such  fact  or  if  the  board  is  satisfied  of  such  fact  after  an  in- 
vestigation which  it  shall  make  prior  to  July  first,  nineteen 
hundred  and  forty-six,  or  which  it  shall  make  thereafter  and 
not  later  than  six  months  after  a  system  becomes  operative 
for  the  emploj^ees  of  any  governmental  unit,  such  amount 
shall,  for  the  purpose  of  any  computations  made  under  the 
provisions  of  sections  one  to  twenty-eight  inclusive  involv- 
ing the  use  of  an  annual  or  an  average  annual  rate  of  regular 
compensation  during  any  such  period,  but  not  for  the  pur- 
pose of  affecting  any  regular  deductions  already  made,  re- 
main unaffected  by  such  general  temporary  adjustment. 
"Regular  compensation",  during  any  period  subsequent  to 
December  thirty-first,  nineteen  hundred  and  forty-five,  shall 
mean  the  salary,  wages,  or  other  compensation  in  whatever 
form,  lawfully  determined  for  the  individual  service  of  the 
employee  by  the  emplojdng  authority,  not  including  bonus 
or  overtime,  but  including  evaluated  maintenance  as  pro- 
vided for  in  paragraph  (1)  (c)  of  section  twenty-two  and  in- 
cluding any  part  of  such  salary,  wages  or  other  compensa- 
tion derived  from  federal  grants;  provided,  that,  if  the 
amount  of  such  salary,  wages  or  other  compensation  is  re- 
duced or  increased  as  a  general  temporary  adjustment  due 
to  the  cost  of  living  or  to  other  economic  conditions  and  if 
such  general  temporary  adjustment  is  designated  as  such  by 
the  appropriate  authority  at  the  time  it  is  made,  such  amount 
shall,  for  the  purpose  of  any  computations  made  under  the 
provisions  of  sections  one  to  twenty-eight  inclusive,  remain 
unaffected  by  such  general  temporary  adjustment. 

"Regular  deductions",  the  amounts  withheld  from  the 
regular  compensation  of  any  member,  as  provided  for  in 


726  Acts,  1945. —Chap.  658. 

paragraphs  (6)  to  (e)  inclusive,  of  subdivision  (1)  of  section 
twenty-two,  or  in  corresponding  provisions  of  earlier  laws, 
including  any  amounts  of  make-up  payments  withheld  from 
his  regular  compensation  or  deposited  and  credited  to  his 
account  in  the  annuity  savings  fund  of  any  system  on  ac- 
count of  his  late  entry  into  or  reinstatement,  transfer  or  re- 
establishment  of  membership,  and  including  any  payments 
so  withheld  or  deposited  for  the  purpose  of  establishing 
credit  for  out-of-state  service  for  teachers  or  for  service  in 
any  other  governmental  unit  or  credit  for  other  service,  but 
in  any  event  excluding  regular  interest  thereon. 

"Regular  interest",  the  interest  credited  to  any  member's 
account  in  the  annuity  savings  fund  of  any  system  or  to 
his  account  in  the  special  fund  for  military  service  credit,  as 
provided  for  in  subdivision  (6)  of  section  twenty-two. 

"Retirement  allowance",  the  sum  of  the  amount  of  the 
annuity  and  the  amount  of  the  pension  provided  for  in  sec- 
tions one  to  twenty-eight  inclusive. 

"Service",  service  as  an  employee  in  any  governmental 
unit  for  which  regular  compensation  is  paid. 

"Special  fund  for  mihtary  service  credit",  the  fund  estab- 
lished under  the  provisions  of  subdivision  (4)  of  section 
twenty-two  to  provide  for  the  accumulation  of  the  special 
contributions  made  to  any  system  by  any  governmental 
unit  for  the  purpose  of  establishing  retirement  allowance 
credits  for  any  member  who  is  a  veteran. 

"State  official",  any  person  appointed  by  the  governor  to 
a  position  in  the  service  of  the  commonwealth  or  metropoli- 
tan district  commission  for  which  such  person  receives  regu- 
lar compensation,  except  a  member  of  the  judiciary. 

"System",  the  state  employees'  retirement  system,  the 
teachers'  retirement  system  or  any  county,  city  or  town 
contributory  retirement  system,  as  the  case  may  be,  estab- 
lished under  the  provisions  of  sections  one  to  twenty-eight 
inclusive,  or  under  corresponding  provisions  of  earlier  laws, 
and  subject  thereto,  in  which  any  member  is  included,  and 
if  the  context  so  requires,  any  contributory  retirement  sys- 
tem established  for  the  employees  of  any  governmental  unit 
under  the  provisions  of  any  special  law. 

"Teacher",  any  person  who  is  employed  by  one  or  more 
school  committees  or  boards  of  trustees  or  by  any  combina- 
tion of  such  committees  and  boards  on  a  basis  of  not  less 
than  half-time  service  as  a  teacher,  principal,  supervisor  or 
superintendent  in  any  public  school  as  defined  in  this  sec- 
tion, or  as  a  supervisor  or  teacher  of  adult  civic  education, 
but  excluding  any  person  serving  as  an  exchange  teacher  in 
any  such  public  school  unless  he  is  a  member  of  the  teachers' 
retirement  system  at  the  time  of  entry  into  such  service; 
provided,  that  "teacher"  shall  not  be  deemed  to  include, 
nor  shall  sections  one  to  twenty-eight  inclusive  apply,  to  any 
person  who  is  a  teacher  in  the  public  schools  of  the  city  of 
Boston,  except  to  such  a  teacher  who  on  September  first, 
nineteen  hundred  and  twenty-three,  was  employed  by  the 


Acts,  1945.  — Chap.  658.  727 

city  of  Boston  and  was  then  a  member  of  the  teachers'  re- 
tirement system. 

"Total  deductions",  the  sum  of  the  amount  of  the  regular 
deductions  and  the  amount  of  the  additional  deductions,  if 
any,  credited  to  any  member's  account  in  the  annuity  sav- 
ings fund  of  any  sj'stem. 

"Veteran",  any  person  who  has  served  in  the  army,  navy, 
coast  guard  or  marine  corps  of  the  United  States,  or  in  any 
corps  or  unit  of  the  United  States  established  for  the  pur- 
pose of  enabling  women  to  serve  with,  or  as  auxiliary  to,  the 
armed  forces  of  the  United  States,  in  time  of  war  or  insur- 
rection and  whose  last  discharge  or  release  from  active  duty 
was  under  conditions  other  than  dishonorable,  regardless  of 
any  prior  discharge  or  release  therefrom;  provided,  that  no 
member  of  the  United  States  coast  guard  auxiliary  and  no 
temporaiy  member  of  the  United  States  coast  guard  reserve 
shall  be  deemed  to  be  a  "veteran"  within  the  meaning  of 
this  definition. 

DESCRIPTION    OF   SYSTEMS. 

Section  2.  The  state  employees'  retirement  system,  the  Systems 
teachers'  retirement  system  and  all  county,  city  and  town  '^««<'"b«^- 
contributory  retirement  systems,  established  under  the  pro- 
visions of  this  chapter,  as  existing  on  December  thirty-first, 
nineteen  hundred  and  forty-five,  shall,  subject  to  the  pro- 
visions of  sections  one  to  twenty-eight  inclusive,  continue  in 
operation  with  all  the  rights,  properties,  privileges  and  powers 
and  subject  to  all  the  duties  and  liabilities  accRied  or  poten- 
tial now  existing  or  hereafter  created  or  granted.  Subject 
to  said  sections,  all  rights  and  interests  of  any  employee, 
beneficiary  or  member  in  any  such  system  or  in  the  assets 
thereof  or  in  or  to  any  annuity,  pension  or  retirement  allow- 
ance in  effect  on  December  thirty-first,  nineteen  hundred 
and  forty-five,  are  hereby  continued  in  full  force.  Each 
such  system  shall  comprise  the  members,  beneficiaries,  of- 
ficers, employees  and,  subject  to  said  sections,  properties 
which  now  or  hereafter  from  time  to  time  belong  to  it,  and 
shall  have  all  the  powers  necessars^  to  effectuate  the  pro- 
visions of  said  sections.  Subject  to  said  sections,  an  em- 
ployee of  the  commonwealth  or  of  the  metropolitan  district 
commission  shall  be  included  in  the  state  employees'  retire- 
ment system,  except  that  a  register  of  probate  shall  be  in- 
cluded in  the  system  of  the  county  in  which  he  is  elected,  a 
teacher  as  defined  in  section  one  shall  be  included  in  the 
teachers'  retirement  system,  an  employee  of  a  county  or  of 
a  hospital  district  located  within  a  county  shall  be  included 
in  the  system  of  such  county,  an  employee  of  a  city  or  town 
other  than  a  teacher  as  defined  in  section  one  shall  be  in- 
cluded in  the  system  of  or  which  pertains  to  the  municipality 
by  which  he  is  employed,  and  an  employee  of  a  district  shall 
be  included  in  a  system  as  provided  for  in  subdivision  (4) 
of  section  twenty-eight.  Sections  one  to  twenty-eight  in- 
clusive, to  the  fullest  extent  conformable  to  the  terms  thereof, 


728 


Acts,  1945. —  Chap.  658. 


shall  be  construed  as  a  continuation  of  and  amendment  of 
sections  one  to  thirty-eight  A  inclusive,  sixty-eight  A,  sixty- 
eight  B  and  sixty-eight  C  of  chapter  thirty-two,  as  in  effect 
on  December  thirty-first,  nineteen  hundred  and  forty-five, 
and  not  as  a  new  enactment.  All  orders,  rules  and  regula- 
tions of  any  retirement  board  of  any  such  system  in  force 
and  effect  on  December  thirty-first,  nineteen  hundred  and 
forty-five,  shall,  except  so  far  as  inconsistent  with  said  sec- 
tions one  to  twenty-eight  inclusive,  remain  in  force  until  re- 
voked or  repealed. 


Merril)pr  in 
service 
<J  escribed. 


Member 
inactive 
described. 


Beneficiary 
not  a  mem- 
ber of 
system. 
Membership 
in  system 
retained  as 
long  as  living 
and  entitled 
to  any  bene- 
fit therein. 


MEMBERSHIP. 

Kind  of  Membership. 

Section  3.  (1)  (a)  Membership  in  a  system  shall  consist 
of  two  kinds  as  follows :  — 

(i)  Member  in  Service.  —  Any  member  who  is  regularly 
employed  in  the  performance  of  his  duties,  except  a  member 
retired  for  disability  who  upon  partial  recovery  is  restored 
to  active  service  as  provided  for  in  paragraph  (2)  (a)  of 
section  eight.  Any  member  in  service  shall  continue  as  such 
during  any  period  of  authorized  leave  of  absence  with  pay 
or  during  any  period  of  authorized  leave  of  absence  without 
pay  if  such  leave  is  due  to  his  mental  or  physical  incapacity 
for  duty.  In  any  event  the  status  of  a  member  in  service 
shall  continue  as  such  until  his  death  or  until  his  prior  sepa- 
ration from  the  service  becomes  effective  by  reason  of  his 
retirement,  resignation,  failure  of  re-election  or  reappoint- 
ment, removal  or  discharge  from  his  office,  or  position,  or  by 
reason  of  an  authorized  leave  of  absence  without  pay  other 
than  as  provided  for  in  this  clause.  Any  member  in  service 
shall  have  full  voting  powers  in  the  system  as  provided  for 
in  section  twenty. 

(ii)  Member  Inactive.  —  Any  member  in  service  who  has 
been  retired  and  who  is  receiving  a  retirement  allowance, 
any  member  in  service  whose  employment  has  been  termi- 
nated and  who  may  be  entitled  to  any  present  or  potential 
retirement  allowance  or  to  a  return  of  his  accumulated  total 
deductions  under  the  provisions  of  sections  one  to  twenty- 
eight  inclusive,  or  any  member  in  service  who  is  on  an 
authorized  leave  of  absence  without  pay  other  than  as  pro- 
vided for  in  clause  (i)  of  this  paragraph.  No  member  inac- 
tive shall  have  any  voting  rights  in  the  system. 

{b)  A  beneficiary  shall  not  be  deemed  to  be  a  member  of 
the  system  nor  shall  he  have  any  voting  rights  therein. 

(c)  No  description  of  a  person  having  any  rights  or  privi- 
leges under  the  provisions  of  sections  one  to  twenty-eight 
inclusive,  such  as  member  in  service,  member  inactive,  bene- 
ficiary or  otherwise,  shall  serve  to  deprive  him  of  any  such 
rights  or  privileges.  A  member  shall  retain  his  membership 
in  the  system  so  long  as  he  is  living  and  entitled  to  any 
present  or  potential  benefit  therein, 


Acts,  1945.  —  C'hap.  658.  72S 


Eligibility  for  Membership. 

(2)  (a)   Membership  in  a  sj'steni  as  a  member  in  service  as  P^'"jj|)iJ|j*^',,r. 
defined  in  clause  (i)  of  paragraph  (1)  (a)  of  this  section  shall  ship  in  sy?- 
comprise  the  following  persons:  —  m^ber in 

(i)  Any  employee  who  is  a  present  member  in  service,  in-  service. 
eluding  any  employee  for  whom  regular  deductions  are  being 
made  whether  or  not  he  was  classified  as  a  member  under 
provisions  of  earlier  laws; 

(ii)  Any  employee  in  active  service  who  is  not  now  a  mem- 
ber but  who,  while  under  the  maximum  age  for  the  group 
in  which  he  would  be  classified,  hereafter  files  with  the  board 
on  a  prescribed  form  a  written  application  for  membership, 
subject  to  the  provisions  of  sections  one  to  twenty-eight  in- 
clusive; provided,  that  during  his  present  period  of  service 
he  had  previously  been  eligible  for  membership ; 

(iii)  Any  person  who  hereafter  resigns,  transfers  or  is  pro- 
moted from  a  position  in  the  service  under  which  he  had  in- 
choate rights  to  a  non-contributory  pension  under  this  chap- 
ter or  under  corresponding  provisions  of  earlier  laws  or  of 
any  other  general  or  special  law,  to  accept  a  position  subject 
to  the  provisions  of  sections  one  to  twenty-eight  inclusive,  if 
at  the  time  of  such  resignation,  transfer  or  promotion  he  is 
under  the  maximimi  age  for  the  group  in  which  lie  would  be 
classified; 

(iv)  Any  person,  except  as  specifically  otherwise  provided 
for  in  sections  one  to  twenty-eight  inclusive,  who,  while  un- 
der age  fifty-five,  hereafter  becomes  an  employee  of  the  com- 
monwealth, a  teacher  as  defined  in  section  one  or  an  em- 
ployee of  any  political  subdivision  of  the  commonwealth  for 
which  a  system  established  under  the  provisions  of  such  sec- 
tions, or  under  corresponding  provisions  of  earlier  laws,  is  in 
operation  on  the  date  when  he  becomes  an  employee;  pro- 
vided, that  any  such  person  who  becomes  regularly  employed, 
as  determined  by  the  board  as  provided  for  in  paragraph  (d) 
of  this  subdivision,  on  a  part-time,  provisional,  temporary, 
temporary  provisional,  seasonal  or  intermittent  basis  shall 
become  a  member  in  service,  if  he  is  to  be  classified  in  Group 
A,  upon  the  completion  of  six  calendar  months  of  service, 
and  any  other  such  person  sliall  become  a  member  in  service 
upon  his  entry  into  service; 

(v)  Any  state  official  as  defined  in  section  one  hereafter 
appointed  to  office,  if  under  age  fifty-five  on  the  date  of  his 
appointment,  who  files  with  the  board  on  a  prescribed  form 
a  written  application  for  membership  within  ninety  days 
after  the  date  of  assuming  the  duties  of  his  position;  pro- 
vided, that  a  member  becoming  a  state  official  shall  retain 
his  membership  and  a  state  official  who  is  a  member  shall 
remain  a  member  upon  his  reappomtment  or  upon  his  ap- 
pointment or  election  to  any  other  position  which  would 
otherwise  entitle  him  to  membership; 

(vi)  Any  person  hereafter  elected  by  popular  vote  to  a 
county  or  municipal  office  or  position,  if  under  age  fifty-five 


7aO  Acts,  1945.    -Chap.  558. 

on  the  date  of  his  election,  who  files  with  the  board  on  a 
prescribed  form  a  written  application  for  membership  within 
ninety  days  after  the  date  of  assuming  office;  provided,  that 
a  member  becoming  an  elected  official  shall  retain  his  mem- 
bership and  an  elected  official  who  is  a  member  shall  remain 
a  member  upon  his  re-election  or  upon  his  election  or  ap- 
pointment to  any  other  position  which  would  otherwise  en- 
title him  to  membership; 

(vii)  Any  person  who  hereafter  is  reinstated  to  or  who 
re-enters  the  active  service  of  the  governmental  unit  in 
which  he  was  formerly  employed  as  provided  for  in  subdi- 
vision (6)  of  this  section;  provided,  that  any  such  person 
who  fails  to  pay  into  the  annuity  savings  fund  of  the  system 
the  amount  of  the  accumulated  regular  deductions,  if  any, 
withdrawn  by  him,  or  fails  to  make  provision  for  payment 
thereof,  under  the  terms  set  forth  in  such  subdivision,  shall 
be  considered  as  a  person  first  entering  the  employ  of  such 
governmental  unit  and  shall  become  a  member  in  service 
only  under  the  conditions  applicable  to  such  person  as  set 
forth  in  this  section; 

(viii)  Any  employee  who  enters  the  active  service  of  any 
governmental  unit  and  who  was  a  member  of  any  system 
established  under  the  provisions  of  sections  one  to  twenty- 
eight  inclusive,  or  under  corresponding  provisions  of  earlier 
laws  or  of  any  special  law,  and  who  hereafter  transfers  or  re- 
establishes his  membership  as  provided  for  in  subdivision  (8) 
of  this  section  to  or  in  the  system  which  pertains  to  such 
governmental  unit;  provided,  that  any  such  employee  who 
fails  to  transfer  or  re-establish  his  membership  as  so  provided 
for  shall  be  considered  as  a  person  first  entering  the  employ 
of  such  governmental  unit  and  shall  become  a  member  in 
service  only  under  the  conditions  applicable  to  such  person 
as  set  forth  in  this  section;  and 

(ix)  Any  member  retired  for  disability  who  upon  recovery 
hereafter  is  restored  to  full  active  service  before  attaining 
age  sixty  as  provided  for  in  paragraph  (2)  (b)  of  section  eight, 
toljeoome"*^  (6)  Any  persou  who  is  an  employee  of  any  political  sub- 

member,  division  of  the  commonwealth  on  the  date  when  a  system 

established  under  the  provisions  of  sections  one  to  twenty- 
eight  inclusive,  or  under  corresponding  provisions  of  earlier 
laws,  hereafter  becomes  operative  therein,  shall  become  a 
member  in  service  as  of  such  date  unless  within  ninety  days 
thereafter  he  shall  file  with  the  board  on  a  prescribed  form 
a  notice  of  his  election  not  to  become  a  member  and  a  duly 
executed  waiver  of  all  present  and  prospective  benefits  which 
might  otherwise  accrue  to  him  if  he  became  a  member.  No 
other  pension  or  retirement  law  of  the  commonwealth  whether 
general  or  special  shall  be  applicable  to  any  such  member  on 
or  after  the  date  such  system  becomes  operative  in  such  po- 
litical subdivision,  except  as  otherwise  provided  for  in  sub- 
division (7)  of  this  section  or  in  section  twenty-five.  In  so 
far  as  practicable  and  not  later  than  sixty  days  after  the 
date  such  a  system  becomes  operative  in  such  political  sub- 


Acts,  1945. —  Chap.  658.  '  731 

division,  the  board  shall  notify  each  such  employee  in  writ- 
ing, or  through  meetings  duly  announced  or  by  other  means, 
of  his  rights  and  duties  if  he  becomes  a  member  and  shall 
furnish  him  with  a  prescribed  form  to  be  filed  with  the  board 
upon  which  he  may  give  notice  of  his  election  to  become  a 
member  in  service  or  not  to  become  a  member,  as  he  may 
elect. 

(c)  Any  employee  otherwise  eligible  for  membership,  who  Application 
has  elected  not  to  become  a  member  in  service,  may  there-  ihip"^^^r^ 
after  apply  for  and  be  admitted  to  membership  upon  the  tJfbecome"*^ 
terms  and  conditions  set  forth  in  subdivision  (3)  or  (8)  of  member, 
this  section  if  on  the  date  of  application  he  is  under  the 
maximum  age  for  his  group. 

(d)  In  all  cases  involving  part-time,  provisional,  tempo-  Part-time, 
rary,  temporary  provisional,  seasonal  or  intermittent  em-  eto.y^m"^'' 
ployment  or  service  of  any  employee  in  any  governmental  ^bfift^y  for' 
unit,  including  such  employment  or  service  of  any  state  membership, 
official  or  of  any  person  elected  by  popular  vote  to  a  county 

or  municipal  office  or  position,  the  board  shall  have  and  exer- 
cise full  jurisdiction  to  determine  such  employee's  eligibility 
for  membership. 

(e)  No  member,  except  as  otherwise  provided  for  in  sub-  AgeUmit. 
division  (1)  of  section  five  or  in  section  ninety-one,  or  in  remaim>g 
section  twenty-six  of  chapter  six  hundred  and  seventy  of  '"  service. 
the  acts  of  nineteen  hundred  and  forty-one,  or  in  chapter 
sixteen  of  the  acts  of  nineteen  hundred  and  forty-two  as 
amended,  shall  remain  in  service  after  attaining  the  maxi- 
mum age  for  his  group  or  after  the  date  any  retirement 
allowance  becomes  effective  for  him,  whichever  event  first 
occurs. 

(/)  No  person  who  originally  enters  the  service  of  any  Employees 
governmental  unit  as  an  employee  after  attaining  age  fifty-  serdce  after 
five  and  after  the  date  when  a  system  becomes  operative  ^^^^^^  "^^ 
therein,  shall  become  a  member  except  as  otherwise  pro- 
vided for  in  this  section.    No  such  employee  other  than  an 
elected  official  or  a  state  official  as  defined  in  section  one 
shall  remain  in  the  service  of  such  governmental  unit  after 
attaining  the  maximum  age  for  the  group  in  which  he  would 
have  been  classified  if  he  had  become  a  member,  except 
under  the  same  conditions  which  are  applicable  to  a  mem- 
ber as  set  forth  in  paragraph  (e)  of  this  subdivision. 

(g)  Department  heads  shall  furnish  to  the  board  within  Department 
thirty  days  after  the  receipt  of  a  written  request  therefor,  iwi^h° 
a  statement  giving  the  name,  title,  rate  of  regular  compen-  formltion'for 
sation,  duties,  date  of  birth  and  length  and  class  of  service  classification 
of  each  employee  in  his  department  and  thereupon  the  °  ™^"  ®"' 
board  shall  classify  each  member  in  one  of  the  following 
groups : 

Group  A.  —  Officials  and  general  employees  including  cleri-  Group  a. 
cal,  administrative  and  technical  workers,  laborers,  mechanics 
and  all  others  not  otherwise  classified. 

Group  B.  —  Members  of  police  and  fire  departments  not  Group  b. 
classified  in  Group  A,  members  of  the  police  force  of  the 


732 


Acts,  1945.  —  Chap.  658. 


Group  C. 


Members 
subject  to 
chapter 
thirty-one. 


metropolitan  district  commission,  capitol  police,  conserva- 
tion officers  paid  as  such,  district  fire  wardens,  coastal 
wardens  in  the  department  of  conservation,  and  employees 
of  the  commonwealth  and  of  any  county,  regardless  of  any 
official  classification,  whose  regular  and  major  duties  require 
them  to  have  the  care  and  custody  of  prisoners  or  insane 
persons  or  of  defective  delinquents  at  the  state  farm. 

Croup  C.  —  Officers  and  inspectors  of  the  division  of  state 
police  in  the  department  of  public  safety  referred  to  in  sec- 
tion twenty-six,  who  shall  be  retired  and  receive  retirement 
allowances  as  provided  for  in  said  section  and  in  section 
seven,  anything  in  sections  one  to  twenty-eight  inclusive  to 
the  contrary  notwithstanding. 

(h)  Nothing  contained  in  this  section  shall  be  construed 
to  impair  the  rights  of  any  member  whose  office  or  position 
is  subject  to  chapter  thirty-one  or  to  the  rules  and  regula- 
tions made  under  authority  thereof. 


Tiate  entry 

into 

membership. 


Payments 
into  fund. 


Late  Entry  into  Membership. 

(3)  Any  employee  who,  having  had  the  right  to  become  a 
member  failed  to  become  or  elected  not  to  become  a  mem- 
ber, may  thereafter  apply  for  and  be  admitted  to  member- 
ship if  under  the  maximum  age  for  his  group  on  the  date  of 
his  application;  provided,  that  during  his  present  period  of 
service  he  had  previously  been  eligible  for  membership.  No 
such  member  shall  be  entitled  to  full  credit  for  service  ren- 
dered prior  to  the  date  of  his  becoming  a  member  unless 
within  five  years  after  such  date  and  before  the  date  any 
retirement  allowance  becomes  effective  for  him  he  shall  have 
paid  into  the  annuity  savings  fund  of  the  system  in  one  sum, 
or  in  instalments,  upon  such  terms  and  conditions  as  the 
board  may  prescribe,  make-up  payments  of  an  amount  equal 
to  that  which  would  have  been  withheld  as  regular  deduc- 
tions from  his  regular  compensation  had  he  joined  the  sys- 
tem at  his  earliest  opportunity,  together  with  regular  in- 
terest. Upon  the  completion  of  such  make-up  payments 
such  member  shall  be  entitled  to  all  creditable  service  to 
which  he  would  have  been  entitled  had  he  joined  the  system 
when  first  eligible  to  become  a  member.  In  the  event  any 
retirement  allowance  becomes  effective  for  him  before  the 
completion  of  such  make-up  payments,  such  member  shall, 
in  addition  to  credit  for  his  actual  membership  service,  be 
entitled  to  credit  for  that  proportion  of  his  service  rendered 
prior  to  the  date  of  his  becoming  a  member  which  the  total 
amount  of  his  make-up  payments  actually  made,  together 
with  regular  interest  thereon  to  the  date  his  retirement  allow- 
ance beconies  effective,  bears  to  the  total  amount  of  what 
his  make-up  payments,  together  with  regular  interest  thereon 
to  such  latter  date,  would  have  been  had  he  made  payment 
thereof  in  one  sum  on  such  latter  date, 


Acts,  1945.  —  Chap.  658.  733 

Credit  for  Teachers  for  Out-of-State  Service. 

(4)  Any  member  of  the  teachers'  retirement  system  who  Teachers' 
had  rendered  service  as  a  teacher  in  the  pubhc  day  schools  out-oUute 
of  any  other  state  for  any  previous  period,  may,  either  be-  service. 
fore  January  first,  nineteen  hundred  and  fifty-one,  or  within 
five  years  after  becoming  a  member  or  being  reinstated  as 
such,  and  before  the  date  any  retirement  allowance  becomes 
effective  for  him,  pay  into  the  annuity  savings  fund  of  the  Payments 
system  in  one  sum,  or  in  instalments,  upon  such  terms  and  ^"^"f"'''!- 
conditions  as  the  board  may  prescribe,  an  amount  equal  to 
that  which  would  have  been  withheld  as  regular  deductions 
from  his  regular  compensation  for  such  previous  period  or 
most  recent  portion  thereof  as  he  may  elect,  in  no  event 
aggregating  more  than  ten  years,  had  such  service  been  ren- 
dered in  a  public  school  of  the  commonwealth.  In  addition 
to  the  pa>Tnent  of  such  sum  or  instalments  thereof,  such 
member  shall  also  pay  into  the  annuity  savings  fund  an 
amount  of  interest  such  that  at  the  completion  of  such  pay- 
ments the  value  of  his  accumulated  payments,  together  with 
regular  interest  tliereon,  actuall}^  made  on  account  of  such 
previous  out-of-state  service  shall  equal  the  value  of  his  ac- 
cumulated regular  deductions  which  would  have  resulted  if 
regular  deductions  had  been  made  when  regular  compensa- 
tion for  such  service  was  actually  received.  Upon  the  com- 
pletion of  such  payments  such  member  shall  receive  the  same 
credit  for  such  period  of  his  previous  out-of-state  service  or 
portion  thereof  elected  as  would  have  been  allowed  if  such 
service  had  been  rendered  bj^  him  in  a  public  school  of  the 
commonwealth.  Such  member  shall  furnish  the  board  with 
such  information  as  it  shall  require  to  determine  the  amount 
to  be  paid  and  the  credit  to  be  allowed  under  this  subdivision. 

Credit  for  Members  for  Intra-State  Service  in  Governmental 
Units  where  No  System  Existed. 

(5)  Any  member  of  any  system  who  had  rendered  service  credit  for 
as  an  employee  of  any  governmental  unit  other  than  that  servtcffn^ 
by  which  he  is  presently  employed,  for  any  previous  period  governmental 
during  which  the  first  governmental  unit  had  no  contribu-  n^sys^em* 
tory  retirement  system  or  during  which  he  had  inchoate  existed. 
rights  to  a  non-contributory  pension   under  the  provisions 
of  this  chapter,  or  under  corresponding  provisions  of  earlier 
laws  or  of  any  other  general  or  special  law,  may,  either  before 
January  first,  nineteen  hundred  and  fifty-one,  or  within  five 
years  after  becoming  a  member  or  being  reinstated  as  such, 
and  before  the  date  any  retirement  allowance  becomes  effec- 
tive for  him,  pay  into  the  annuity  savings  fund  of  the  system  Payments 
in  one  sum,  or  in  instalments,  upon  such  terms  and  condi-  '°*°  ^""''• 
tions  as  the  board  may  prescribe,  an  amount  equal  to  that 
which  would  have  been  withheld  as  regular  deductions  from 
his  regular  compensation  for  such  previous  period  or  most 
recent  portion  thereof  as  he  may  elect,  in  no  event  aggregat- 


734 


Aai«,  1945. --Chap.  666. 


ing  more  than  ten  years,  had  such  service  been  rendered  in 
the  governmental  unit  by  which  he  is  presently  employed 
and  in  a  position  subject  to  the  provisions  of  sections  one  to 
twenty-eight  inclusive,  or  to  corresponding  provisions  of  ear- 
lier laws.  In  addition  to  the  payment  of  such  sum  or  instal- 
ments thereof,  such  member  shall  also  pay  into  the  annuitj'^ 
savings  fund  an  amount  of  interest  such  that  at  the  comple- 
tion of  such  payments  the  value  of  his  accumulated  pay- 
ments, together  with  regular  interest  thereon,  actually  made 
on  account  of  such  previous  intra-state  service  shall  equal 
the  value  of  his  accumulated  regular  deductions  which  would 
have  resulted  if  regular  deductions  had  been  made  when 
regular  compensation  for  such  service  was  actually  received. 
Upon  the  completion  of  such  payments  such  member  shall 
receive  the  same  credit  for  such  period  of  his  previous  intra- 
state service  or  portion  thereof  elected  as  would  have  been 
allowed  if  such  service  had  been  rendered  by  him  in  the 
governmental  unit  by  which  he  is  presently  employed.  Such 
member  shall  furnish  the  board  with  such  information  as  it 
shall  require  to  determine  the  amount  to  be  paid  and  the 
credit  to  be  allowed  under  this  subdivision. 


Credit  for 
certain  leaves 
and  absences. 


Rules  and 
regulations 
governing 
leaves  and 
absences. 


Inactive 
member  to 
become  mem- 
ber in  service 
under  certain 
conditions. 


Reinstate- 
ment in 
service 
within  two 
years. 


Leave  of  Absence  and  Reinstatement  to  or  Re-entry  into  Active 

Service. 

(6)  (a)  Leaves  and  periods  of  absence  of  any  member 
duly  authorized  with  full  regular  compensation  shall  not  be 
deemed  an  interruption  of  membership  or  service  and  shall 
be  counted  as  full  creditable  service.  Leaves  and  periods  of 
absence  of  any  member  duly  authorized  without  regular 
compensation  or  with  partial  regular  compensation,  while 
not  to  be  deemed  a  termination  of  membership  or  service, 
shall  not  be  counted  as  creditable  service  except  as  specifi- 
cally otherwise  provided  for  in  section  four.  The  board  shall 
have  full  power  to  make  such  rules,  regulations  and  findings 
as  it  may  deem  necessary,  consistent  with  the  provisions  of 
sections  one  to  twenty-eight  inclusive,  relating  to  leaves  and 
periods  of  absence  and  the  rights  and  duties  of  any  member 
during  the  same  as  will  effectuate  the  purposes  of  such 
sections. 

(6)  Any  member  inactive  whose  service  has  been  termi- 
nated otherwise  than  by  retirement  but  whose  membership 
has  been  retained  by  failure  to  withdraw  his  accumulated 
total  deductions,  shall  become  a  member  in  service  upon  his 
reinstatement  to  or  re-entry  into  the  active  service  of  his 
former  employer  in  a  position  which  is  subject  to  the  provi- 
sions of  sections  one  to  twenty-eight  inclusive;  provided, 
that  he  is  under  the  maximum  age  for  his  group  on  the  date 
of  such  reinstatement  or  re-entry. 

(c)  Any  former  member  who  is  reinstated  to  or  who  re- 
enters the  active  service  of  the  governmental  unit  in  which 
he  was  formerly  employed  to  serve  in  a  position  which  is 
subject  to  the  provisions  of  sections  one  to  twenty-eight  in- 


Aca«,  1945. -Chap.  658.  735 

elusive,  within  two  years  from  the  date  of  his  last  separa- 
tion therefrom,  shall  again  become  a  member  in  service  if 
under  the  maximum  age  for  his  group  and  shall  pay  into  the  Payments 
annuity  savings  fund  of  the  system  in  one  sum  a  make-up  '""^^  ^"°'^ 
payment  of  an  amount  equal  to  the  accumulated  regular 
deductions  withdrawn  by  him,  together  with  regular  inter- 
est to  the  date  of  his  re-employment.  Upon  making  such 
make-up  payment  such  member  shall  be  entitled  to  all 
creditable  service  resulting  from  his  previous  employment. 
No  such  person  shall  become  so  re-employed  within  such 
two-year  period  unless  such  repayment  shall  be  made  upon 
such  re-employment. 

(d)  Any  former  member  who  is  reinstated  to  or  who  re-  Reinstate- 
enters  the  active  service  of  the  governmental  unit  in  which  ^rWcrafter 
he  was  formerly  employed  to  serve  in  a  position  which  is  more  than 
subject  to  the  provisions  of  sections  one  to  twenty-eight  in-   ^°  ^'^*"' 
elusive,  more  than  two  years  after  the  date  of  his  last  separa- 
tion therefrom  but  not  less  than  two  years  prior  to  the  date 

he  will  attam  the  maximum  age  for  his  group,  may,  either 
before  January  first,  nineteen  hundred  and  fifty-one,  or 
within  five  years  after  the  date  of  commencement  of  his  new 
employment,  and  before  the  date  any  retirement  allowance 
becomes  effective  for  him,  pay  into  the  annuity  savings  fund  P'J^^®"^ 
of  the  system  in  one  sum,  or  in  instalments,  upon  such  terms 
and  conditions  as  the  board  may  prescribe,  make-up  pay- 
ments of  an  amount  equal  to  the  accumulated  regular  deduc- 
tions withdrawn  by  him,  together  with  regular  interest. 
Upon  such  re-employment  and  upon  making  such  payment 
in  one  sum  or  upon  making  provision  for  payment  thereof 
in  instalments,  as  the  case  may  be,  such  former  member 
shall  again  become  a  member.  Upon  the  completion  of  such 
make-up  payments  such  member  shall  be  entitled  to  all 
creditable  service  resulting  from  his  previous  employment. 
In  the  event  any  retirement  allowance  becomes  effective  for 
him  before  the  completion  of  such  make-up  payments,  such 
member  shall,  in  addition  to  credit  for  his  actual  member- 
ship service  rendered  since  the  date  of  his  last  becoming  a 
member,  be  entitled  to  credit  for  that  proportion  of  his 
previous  creditable  service  rendered  prior  to  such  date  which 
the  total  amount  of  his  make-up  payments  actually  made, 
together  with  regular  interest  thereon  to  the  date  his  retire- 
ment allowance  becomes  effective,  bears  to  the  total  amount 
of  what  his  make-up  payments,  together  with  regular  inter- 
est thereon  to  such  latter  date,  would  have  been  had  he 
made  payment  thereof  in  one  sum  on  such  latter  date. 

(e)  Anything  in  sections  one  to  twenty-eight  inclusive  to  Certain  aUow- 
the  contrary  notwithstanding,  no  member  who  is  reinstated  r^insta\°ed 

to  or  who  re-enters  active  service  as  provided  for  in  para-  ^^'^^ftj, 
graph  (6),  (c)  or  (d)  of  this  subdivision,  or  who  transfers  or  certain 
re-establishes  his  membership  as  provided  for  in  subdivi-  •'°'^^*i°'^'* 
sion  (8)  of  this  section,  shall  be  eligible  to  receive  a  super- 
annuation retirement  allowance,  an  ordinary  disability  re- 
tirement allowance  or  a  termination  retirement  allowance 


736 


Acts,  1945.  —  Chap.  058. 


Iteinstateuieut 
of  employee 
of  govern- 
mental unit 
where  no  sys- 
tem existed. 


unless  and  until  he  shall  have  been  in  active  service  for  at 
least  two  consecutive  years,  in(^luding  any  period  or  periods 
of  leave  of  absence  credited  as  membership  service,  subse- 
quent to  the  date  of  commencement  of  his  new  employment, 
or  unless,  in  the  case  of  any  member  who  is  reinstated  to  or 
who  re-enters  active  service  as  provided  for  in  paragraph  (6) 
of  this  subdivision  or  who  transfers  his  membership  as  pro- 
vided for  in  paragraph  (8)  (o)  of  this  section,  he  was  eligible 
to  receive  a  retirement  allowance  under  the  provisions  of 
section  ten  at  the  time  of  his  last  separation  from  service. 

(/)  Any  employee  who  last  terminated  his  service  in  any 
political  subdivision  of  the  commonwealth  before  a  contribu- 
tory retirement  system  established  under  the  provisions  of 
sections  one  to  twenty-eight  inclusive,  or  under  correspond- 
ing provisions  of  earlier  laws  or  of  any  special  law,  became 
operative  in  such  political  subdivision  and  who  is  reinstated 
to  or  who  re-enters  the  active  service  of  such  political  sub- 
division after  such  a  system  becomes  operative  therein  but 
not  more  than  five  years  after  the  date  of  his  last  separation 
therefrom  nor  less  than  five  years  prior  to  the  date  he  will 
attain  the  maximum  age  for  his  group,  shall  become  a  mem- 
ber upon  his  re-employment  in  a  position  which  is  subject  to 
the  provisions  of  sections  one  to  twenty-eight  inclusive. 
Upon  becoming  a  member  he  shall  be  entitled  to  all  creditable 
service  resulting  from  his  previous  employment  in  such  po- 
litical subdivision.  In  no  event  shall  any  such  member  be 
eligible  to  receive  a  superannuation  retirement  allowance, 
an  ordinary  disability  retirement  allowance  or  a  termination 
retirement  allowance  unless  and  until  he  shall  have  been  in 
active  service  for  at  least  five  consecutive  years,  including 
any  period  or  periods  of  leave  of  absence  credited  as  mem- 
bership service,  subsequent  to  the  date  of  commencement  of 
his  new  employment. 


Members  of 
two  or  more 

systems. 


Withholding 
from  regular 
oompeosatloo 
by  each 

system. 


Dual  Membership. 

(7)  (a)  Any  person  employed  by  two  or  more  govern- 
mental units  which  have  established  contributory  retirement 
systems  under  the  provisions  of  sections  one  to  twenty-eight 
inclusive,  or  under  corresponding  provisions  of  earlier  laws, 
shall,  subject  to  the  provisions  of  such  sections,  become  a 
member  in  service  of  each  such  system  to  which  he  is  eligible 
by  reason  of  his  employment  in  such  governmental  units  and 
shall  receive  pensions,  retirement  allowances  or  other  bene- 
fits from  each  such  system  according  to  the  applicable  pro- 
visions of  such  sections.  If  any  such  person  is  or  becomes  a 
member  of  two  or  more  such  systems  on  or  after  January 
first,  nineteen  hundred  and  forty-six,  the  treasurer  of  each 
such  governmental  unit  shall  withhold  five  per  cent  of  the 
regular  compensation  due  such  member  on  each  pay  day 
from  such  governmental  unit  for  deposit  to  the  credit  of  such 
member  in  the  annuity  savings  fund  of  the  appropriate 
system. 


Acts,  1945.  — Chap.  658.  737 

(6)  In  no  event  shall  the  total  benefits  received  by  such  fi°Jnnuted" 
member  from  all  such  systems  be  greater  than  he  would 
have  received  had  his  total  regular  compensation  been  re- 
ceived from  a  single  governmental  unit.  The  amount  of  anj' 
pension,  retirement  allowance  or  other  benefit  to  be  paid  on 
account  of  any  person  who  is  a  member  of  two  or  more  such 
systems  shall  be  computed  and  paid  in  such  proportions  as 
may  be  ordered  by  the  actuary,  and  if  any  pension  or  retire- 
ment allowance  becomes  effective  on  account  of  any  such 
person's  membership  in  one  system,  a  pension  or  retirement 
allowance  shall  also  become  effective  for  the  same  reason 
and  at  the  same  time  on  account  of  his  membership  in  any 
other  system.  Any  such  person  so  jointly  employed  shall 
have  all  the  rights  and  be  subject  to  all  the  liabilities  under 
the  provisions  of  sections  one  to  twenty-eight  inclusive,  as 
a  member  of  any  one  of  such  systems,  except  that  his  lia- 
bility for  regular  deductions  and  his  right  to  benefits  from 
each  of  such  systems  shall  be  based  upon  his  regular  com- 
pensation received  from  the  governmental  unit  to  which  such 
system  pertains. 

(c)  Any  person  who  is  a  member  of  two  or  more  systems  creditable 
and  who  on  or  after  Januar}^  first,  nineteen  hundred  and  ^tf^Pjfnce. 
forty-six,  receives  regular  compensation  paid  jointly  by  two 

or  more  governmental  units,  shall,  subject  to  the  provisions 
of  sections  one  to  twenty-eight  inclusive,  while  continuing 
in  such  joint  employment,  be  allowed  creditable  service  in 
each  system  for  all  such  employment  in  the  governmental 
unit  to  which  each  system  pertains.  In  no  event  shall  any 
such  person  during  such  joint  employment  be  allowed  credit- 
able service  in  any  one  system  for  a  total  period  of  service 
longer  than  he  would  have  been  credited  with  had  he  been 
a  full-time  employee  of  the  governmental  unit  to  which  such 
system  pertains.  In  all  cases  of  joint  employment  involving 
membership  in  two  or  more  such  systems,  the  amount  of 
creditable  service  allowed  to  any  such  person  shall  be  sub- 
ject to  the  approval  of  the  actuary. 

(d)  If  aii}^  person  who  is  a  member  of  two  or  more  sys-  Transfer  of 
tems  terminates  his  service  in  one  governmental  unit  other-  ^hSi^'sw^ce 
wise  than  by  retirement  but  continues  in  service  in  one  or  terminated 
more  other  governmental  units,  his  membership  in  the  sys- 
tem pertaining  to  the  former  governmental  unit  shall  there- 
upon be  transferred  to  the  system  of  the  governmental  unit 

to  which  he  is  devoting  the  major  portion  of  his  employ- 
ment and  the  provisions  of  subdivision  (8)  of  this  section 
shall  be  applicable.     In  no  event  shall  any  member  be  ell-  fy^jjl^^"* 
gible  to  receive  a  retirement  allowance  from  one  system  while  prohibited 
continuing  in  service  in  any  governmental  unit,  except  as  ^^^cr^th 
provided  for  in  section  ninety-one,  or  in  section  twenty-six  one  unit, 
of  chapter  six  hundred  and  seventy  of  the  acts  of  nineteen 
hundred  and  forty-one,  or  in  chapter  sixteen  of  the  acts  of 
nineteen  hundred  and  forty-two  as  amended.     In  no  event  ^'^^y*^"*' 
shall  any  member  who  terminates  his  service  in  one  govern-  uted  deduc- 
mental  unit  be  entitled  to  withdraw  his  accumulf^ted  total  hib^t^'^whii^ 


738 


Acts,  1945.  — Chap.  658. 


in  service 
with  one  unit. 


Other  persons 
subject  to 
provisions 
of  this 
subdivision. 


Suffolk  County 
employees  not 
subject  to  this 
subdivision 
under  certain 
conditions. 


Benefits  to 

persons 

retired. 


deductions  from  the  system  pertaining  to  such  governmental 
unit  while  still  retaining  his  membership  in  any  other  sys- 
tem, except  for  the  purpose  of  transfer  thereof  to  such  other 
system. 

(e)  Any  person  who  is  a  member  of  one  or  more  contribu- 
tory retirement  systems  estabhshed  under  the  provisions  of 
sections  one  to  twenty-eight  inclusive,  or  under  correspond- 
ing provisions  of  earlier  laws,  and  who  is  also  a  member  of 
a  contributory  retirement  system  established  and  operative 
under  any  special  law,  shall  be  subject  to  the  provisions  of 
this  subdivision  to  the  extent  such  provisions  are  not  incon- 
sistent with  those  of  the  special  law.  In  all  such  cases  the 
amount  of  creditable  service  allowed  to  any  such  person  and 
the  amount  of  any  pension,  retirement  allowance  or  other 
benefit  to  be  paid  on  his  account  shall  be  computed  by  the 
actuary. 

(/)  The  provisions  of  paragraphs  (a)  to  (e)  inclusive  of 
this  subdivision  shall  not  apply  to  any  person  employed  by 
Suffolk  County  whose  regular  compensation  received  from 
the  county  at  the  time  of  his  employment  was  more  than 
one  half  of  his  combined  regular  compensation  from  all  gov- 
ernmental units. 

(g)  Any  person  retired  under  the  provisions  of  this  chap- 
ter, or  under  corresponding  provisions  of  earlier  laws  or  of 
any  other  general  or  special  law,  shall  receive  only  such  bene- 
fits as  are  allowed  or  granted  by  the  particular  provisions  of 
the  law  under  which  he  is  retired. 


Transfer  of 
members  from 
one  system 
to  another. 


Payments 
into  fund. 


Transfer  or  Re-establishment  of  Membership. 

(8)  (a)  Any  member  of  any  contributory  retirement  sys- 
tem established  under  the  provisions  of  sections  one  to 
twenty-eight  inclusive,  or  under  corresponding  provisions  of 
earlier  laws  or  of  any  special  law,  who,  while  still  a  member 
and  before  the  date  any  retirement  allowance  becomes  effec- 
tive for  him,  becomes  employed  in  a  position  in  any  other 
governmental  unit  in  which  such  a  system  is  operative,  shall 
thereupon  have  his  membership  transferred  to  the  second 
system,  or  if  a  teacher  as  defined  in  section  one  shall  retain 
his  membership  in  the  teachers'  retirement  system,  and  shall 
be  entitled  to  all  creditable  service  resulting  from  his  previous 
employment;  provided,  that  such  position  is  subject  to  the 
provisions  of  the  law  pertaining  to  the  second  system  or  to 
the  teachers'  retirement  system,  as  the  case  may  be,  and 
that  he  is  under  the  maximum  age  for  his  group  on  the  date 
of  such  new  employment.  Such  transfer  of  membership,  if 
required,  shall  be  effectuated  by  transferring  within  ninety 
days  after  the  date  of  commencement  of  his  new  employ- 
ment the  amount  of  the  accumulated  total  deductions  cred- 
ited to  his  account  in  the  annuity  savings  fund  of  the  system 
from  which  he  is  being  separated  to  the  annuity  savings  fund 
of  the  second  system. 

(6)  Any  former  member  of  any  contributory  retirement 


Acts,  1945. —  Chap.  658.  739 

system  established  under  the  provisions  of  sections  one  to 
twenty-eight  inclusive,  or  under  corresponding  provisions  of 
earlier  laws  or  of  any  special  law,  who  subsequently  becomes 
employed  in  a  position  in  any  other  governmental  unit  in 
which  such  a  system  is  operative,  may,  either  before  Janu- 
ary first,  nineteen  hundred  and  fifty-one,  or  within  five  years 
after  the  date  of  commencement  of  his  new  employment, 
and  before  the  date  any  retirement  allowance  becomes  effec- 
tive for  him,  pay  into  the  annuity  savings  fund  of  the  sys- 
tem pertaining  to  his  new  employment  in  one  sum,  or  in 
instalments,  upon  such  terms  and  conditions  as  the  board 
may  prescribe,  make-up  payments  of  an  amount  equal  to 
the  accumulated  regular  deductions  withdrawn  by  him  from 
the  system  from  which  he  last  became  separated,  together 
with  regular  interest;  provided,  that  such  position  is  sub- 
ject to  the  provisions  of  the  law  relating  to  the  system  per- 
taining to  his  new  employment  and  that  the  date  of  com- 
mencement of  his  new  employment  is  not  less  than  two 
years  prior  to  the  date  he  will  attain  the  maximum  age  for 
his  group.  Upon  commencing  such  employment  and  upon 
making  such  payment  in  one  sum  or  upon  making  provision 
for  payment  thereof  in  instalments,  as  the  case  may  be, 
such  former  member  shall  become  a  member  of  the  system 
pertaining  to  his  new  employment.  Upon  the  completion 
of  such  make-up  payments  such  member  shall  be  entitled  to 
all  creditable  service  resulting  from  his  previous  employ- 
ment. In  the  event  any  retirement  allowance  becomes  effec- 
tive for  him  before  the  completion  of  such  make-up  payments, 
such  member  shall,  in  addition  to  credit  for  his  actual  mem- 
bership service  rendered  since  the  date  of  his  becoming  a 
member  of  the  system  pertaining  to  his  new  employment,  be 
entitled  to  credit  for  that  proportion  of  his  previous  credit- 
able service  attributable  to  his  former  membership  in  the 
system  from  which  he  last  became  separated  which  the  total 
amount  of  his  make-up  payments  actually  made,  together 
with  regular  interest  thereon  to  the  date  his  retirement  allow- 
ance becomes  effective,  bears  to  the  total  amount  of  what 
his  make-up  payments,  together  with  regular  interest  thereon 
to  such  latter  date,  would  have  been  had  he  made  payment 
thereof  in  one  sum  on  such  latter  date. 

(c)  Whenever  any  retired  member  receives  a  pension  from  Reimburse- 
a  system  pertaining  to  one  governmental  unit  in  a  case  where  ™^g^^' 
a  portion  of  such  pension  is  attributable  to  his  service  in  a 
second  governmental  unit  to  which  another  system  pertains, 
the  first  governmental  unit  shall  be  reimbursed  in  full,  in 
accordance  with  the  provisions  of  this  paragraph,  by  the 
second  governmental  unit  for  such  portion  of  the  pension  as 
shall  be  computed  by  the  actuary.    The  treasurer  of  the  first  Notification 
governmental  unit  shall  annually,  on  or  before  January  fif-  ofj^^^^'^ 
teenth,  upon  the  certification  of  the  board  of  the  system  mental  unit. 
from  which  such  disbursements  have  been  made,  notify  the 
treasurer  of  the  second  governmental  unit  of  the  amount  of 
reimbursement  due  therefrom  for  the  previous  fiscal  year 


740 


Acts,  1945.  —  Chap.  6r)8. 


Application 
of  provisions 


Creditable 

service 

limited. 


Service  prior 
to  date  sys- 
tem becomes 
operative. 


Creditable 
service  to 
include  cer- 
tain absences 


and  such  latter  treasurer  shall  forthwith  take  such  steps  as 
may  be  necessary  to  insure  prompt  payment  of  such  amount. 
All  such  payments  due  under  the  provisions  of  this  para- 
graph from  the  second  governmental  unit  shall  be  charged 
to  the  pension  fund  of  the  system  pertaining  thereto  and  as 
received  they  shall  be  credited  to  or  appropriated  for  the 
pension  fund  of  the  system  pertaining  to  the  first  govern- 
mental unit.  In  default  of  anj'^  such  payment,  the  first  gov- 
ernmental unit  may  maintain  an  action  of  contract  to  re- 
cover the  same. 

(d)  The  pertinent  provisions  of  this  subdivision  shall  ap- 
ply to  the  extent  not  inconsistent  therewith  to  any  person 
otherwise  subject  thereto  who  has  transferred  his  employ- 
ment from  one  governmental  unit  to  another  prior  to  January 
first,  nineteen  hundred  and  forty-six,  as  well  as  to  any  such 
person  who  so  transfers  his  employment  on  or  after  such 
date.  The  provisions  of  paragraph  (6)  (e)  of  this  section 
shall  be  applicable  to  any  member  whose  membership  is 
transferred  or  re-established  as  provided  for  in  this  subdi- 
vision. 

CREDITABLE   SERVICE. 

Qualifications  for  Credit  for  Service. 

Section  4-  (1)  («)  Any  member  in  service  shall,  subject 
to  the  provisions  and  limitations  of  sections  one  to  twenty- 
eight  inclusive,  be  credited  with  all  service  rendered  by  him 
as  an  employee  in  any  governmental  unit  after  becoming  a 
member  of  the  system  pertaining  thereto;  provided,  that  in 
no  event  shall  he  be  credited  with  more  than  one  year  of 
creditable  service  for  all  such  membership  service  rendered 
during  any  one  calendar  year. 

(6)  Periods  of  service  in  any  governmental  unit  prior  to 
the  date  a  system  becomes  operative  therein  rendered  by 
any  employee  who  becomes  a  member  when  such  system 
first  becomes  operative  in  such  governmental  unit,  or  who 
becomes  a  member  as  otherwise  provided  for  in  paragraph 
(6)  (/)  of  section  three,  shall,  subject  to  the  provisions  and 
limitations  of  sections  one  to  twenty-eight  inclusive,  be 
counted  as  creditable  prior  service;  provided,  that  in  no 
event  shall  any  such  person  be  credited  with  more  than  one 
year  of  creditable  service  for  all  such  prior  service  rendered 
during  any  one  calendar  year. 

(c)  Creditable  service  in  the  case  of  any  member  shall  in- 
clude any  period  of  his  continuous  absence  with  full  regular 
compensation,  or  in  the  event  of  his  absence  with  partial 
regular  compensation  such  period  or  portion  thereof,  if  any, 
as  the  board  shall  determine.  Creditable  service  in  the  case 
of  any  member  may  be  allowed  by  the  board  for  any  period 
of  his  continuous  absence  without  regular  compensation 
which  is  not  in  excess  of  one  month.  Any  portion  of  any 
leave  or  period  of  continuous  absence  of  any  member  with- 
out regular  compensation  which  is  in  excess  of  one  month 
shall  not  be  counted  as  creditable  service  except  as  specifi- 


Acts,  1945.  —  Chap.  658.  741 

cally  otherwise  provided  for  in  this  section,  but  no  duly 
authorized  leave  or  period  of  absence  shall  be  deemed  to  be 
a  termination  of  membership  or  service. 

(d)  Any  person  who  became  or  becomes  an  employee  by  creditabia 
reason  of  the  taking  over  by  the  commonwealth,  or  by  the  peTTons  taken 
metropolitan  district  commission  or  by  any  district,  of  any  °o®[j^^n*^® 
institution,    or   of   any    public    or    quasi-public  enterprise,  wealth,  etc 
controlled  and  operated   by  a  political  subdivision  of  the 
commonwealth  or  by  a  corporation,  except  such  a  person  em- 
ployed by  the  metropolitan  district  water  supply  commis- 
sion who  has  not  elected  or  does  not  elect  to  become  a 
member  of  the  state  employees'  retirement  system,  shall  be 
credited  with  such  service  as  would  have  been  creditable 

service  had  it  been  rendered  by  him  under  the  provisions  of 
sections  one  to  twenty-eight  inclusive,  or  under  correspond- 
ing provisions  of  earlier  laws. 

(e)  This  section  shall  not  apply  to  any  employee  who  was  Not  applicable 
eligible  to  and  did  not  join  a  contributory  retirement  system  emplo'yj^s 
established  under  the  provisions  of  sections  one  to  twenty-  without 
eight  inclusive,  or  under  corresponding  provisions  of  earlier  fnt^fumf. 
laws  or  of  any  special  law,  or  to  any  such  employee  who 

was  formerly  a  member  of  any  such  system,  to  the  extent 
applicable  to  his  service  prior  to  his  last  becoming  a  mem- 
ber, unless  and  until  he  shall  pay  into  the  annuity  savings 
fund  of  the  system  the  make-up  payments,  if  anj-,  required 
by  subdivision  (3),  (6)  or  (8),  as  the  case  may  be,  of  section 
three. 

(/)  Creditable  service  for  periods  of  out-of-state  service  in  certain  out- 
the  case  of  any  member  who  has  acquired  the  right  to  credit  fntrl^gtate*^ 
for  such  service  as  a  member  of  the  teachers'  retirement  service  credit- 
system,  or  creditable  service  for  periods  of  intra-state  serv-  to  Janifa"^ 
ice  in  other  governmental  units  where  no  system  existed  in  ^-  ^^*^- 
the  case  of  any  employee  who  is  a  member  of  any  system, 
shall  be  allowed  as  provided  for  in  subdivision  (4)  or  (5)  re- 
spectively, of  section  three,  or  as  provided  for  under  corre- 
sponding provisions  of  earlier  laws  to  the  extent  that  such 
credit  had  been  established  prior  to  January  first,  nineteen 
hundred  and  forty-six. 

(g)  Any  person  who  is  a  member  of  one  or  more  systems  creditable 
and  who  has  received  or  shall  receive  regular  compensation  empioy^^by 
paid  jointly  by  two  or  more  governmental  units,  shall,  sub-  two  or  more 
ject  to  the  provisions  of  subdivision   (7)  of  section  three,  unite!"'"^''  * 
while  continuing  in  such  joint  employment,  be  allowed  such 
creditable  service  as  the  board  or  boards  may  determine 
subject  to  the  approval  of  the  actuary;    provided,  that  in 
no  event  shall  any  such  person  be  credited  with  more  than 
one  year  of  creditable  service  for  all  such  service  rendered 
during  any  one  calendar  year. 

(h)  The  period  or  periods  during  which  any  member  who  creditable 
is  a  veteran  as  defined  in  section  one  was  on  leave  of  absence  te'twan^whiie 
from  the  governmental  unit  to  which  the  system  of  which  serving  with 

1.  ",  ,     •  f         It  r  ••,!        armed  forces. 

he  la  a  member  pertains,  for  the  purpose  oi  serving  m  the 
army,  navy,  coast  guard  or  marine  corps  of  the  United 


742 


Acts,  1945.  —  Chap.  668. 


Provisiona  of 
certain  chap- 
ters appli- 
cable to 
veterans. 


States,  or  in  any  corps  or  unit  of  the  United  States  estab- 
lished to  enable  women  to  serve  with,  or  as  auxiliary  to,  the 
armed  forces  of  the  United  States,  in  time  of  war  or  insur- 
rection, shall  be  allowed  as  creditable  service.  Any  such 
period  of  leave  of  absence  which  is  subsequent  to  his  be- 
coming a  member  of  such  system  shall  be  counted  as  mem- 
bership service  and  any  such  period  prior  thereto  shall  be 
counted  as  prior  service;  provided,  that  he  would  have  been 
entitled  to  such  credit  in  the  event  he  had  continued  in  the 
active  service  of  such  governmental  unit  during  the  period 
of  time  covered  by  such  le^.ve  of  absence.  The  provisions 
of  chapter  seven  hundred  and  eight  of  the  acts  of  nineteen 
hundred  and  forty-one,  as  amended  by  chapters  one  hun- 
dred and  seventy-two,  four  hundred  and  nineteen,  and  five 
hundred  and  forty-eight  of  the  acts  of  nineteen  hundred  and 
forty-three,  and  as  may  be  further  amended,  shall  be  ap- 
plicable to  any  such  veteran  referred  to  therein. 


Member  to 
file  statement 
of  ail  service. 


Board  to 

determine 

creditable 


Board  to 

determine 

creditable 


Filing  and  Verification  of  Statements  of  Service. 

(2)  (a)  Each  person  becoming  a  member  of  any  system 
shall,  within  one  year  thereafter  and  under  such  rules  and 
regulations  as  the  board  may  adopt,  file  a  detailed  state- 
ment of  all  service  for  which  he  claims  credit  rendered  by 
him  as  an  employee  of  any  governmental  unit  prior  to  the 
date  as  of  which  such  system  became  operative  therein,  in- 
cluding in  such  statement  such  facts  as  the  board  may  re- 
quire. Each  such  person  shall  also  so  file  a  detailed  state- 
ment of  any  other  service  rendered  by  him  as  an  employee 
prior  to  the  date  of  his  becoming  a  member  for  which  he 
may  claim  credit  as  provided  for  in  subdivisions  (3)  to  (8) 
inclusive,  of  section  three,  or  in  paragraph  (c)  of  this  sub- 
division. 

(6)  The  board  shall  fix  and  determine  how  much  service 
in  any  calendar  year  is  equivalent  to  a  year  of  service.  In 
all  cases  involving  part-time,  provisional,  temporary,  tem- 
porary provisional,  seasonal  or  intermittent  employment  or 
service  of  any  employee  in  any  governmental  unit,  includ- 
ing such  employment  or  service  of  any  state  official  or  of 
any  person  elected  by  popular  vote  to  a  county  or  municipal 
office  or  position,  the  board,  under  appropriate  rules  and 
regulations  which  shall  be  subject  to  the  approval  of  the 
actuary,  shall  fix  and  determine  the  amount  of  creditable 
prior  service,  if  any,  and  the  amount  of  credit  for  member- 
ship service  of  any  such  emploj^ee  who  becomes  a  member; 
provided,  that  in  the  case  of  any  such  employee  whose  work 
is  found  by  the  board  to  be  seasonal  in  its  nature,  the  board 
shall  credit  as  the  equivalent  of  one  year  of  service,  actual 
full-time  service  of  not  less  than  seven  months  during  any 
one  calendar  year. 

(c)  In  the  case  of  any  employee  of  any  governmental  unit 
who  is  a  member  of  the  system  pertaining  thereto  or  who 


Acas,  1945.  —  Chap.  658.  743 

becomes  a  member  before  January  first,  nineteen  hundred  lltlbiLh'^'* 
and  fifty-one,  the  board  may  allow  credit,  upon  whatever  ^^^^d*!^ 
proportionate  basis  it  shall  determine  under  appropriate  rules  certain  cases. 
and  regulations  which  shall  be  subject  to  the  approval  of 
the  actuary,  for  any  previous  period  of  part-time,  provi- 
sional, temporary,  temporary  provisional,  seasonal  or  inter- 
mittent employment  or  service  rendered  by  him  before  Jan- 
uary first,  nineteen  hundred  and  forty-six,  and  after  such 
system  became  operative  and  while  he  was  not  eligible  for 
membership  under  the  provisions  of  the  law  or  under  the 
board's  rules  and  regulations  in  effect  during  such  previous 
period;  provided,  that  either  before  January  first,  nineteen 
hundred  and  fifty-one,  or  within  five  years  after  becoming  a 
member  or  being  reinstated  as  such,  and  before  the  date  any 
retirement  allowance  becomes  effective  for  him,  he  pays  into 
the  annuity  savings  fund  of  the  system  in  one  sum,  or  in 
instalments,  upon  such  terms  and  conditions  as  the  board 
may  prescribe,  make-up  payments  of  an  amount  equal  to 
that  which  would  have  been  withheld  as  regular  deductions 
from  his  regular  compensation  had  he  been  eligible  for  mem- 
bership and  been  a  member  of  such  system  during  such 
previous  period,  together  with  regular  interest.  In  the  event 
any  retirement  allowance  becomes  effective  for  him  before 
the  completion  of  such  make-up  payments,  such  member 
shall,  in  addition  to  credit  for  his  actual  membership  service, 
be  entitled  to  credit  for  that  proportion  of  his  service  ren- 
dered prior  to  the  date  of  his  becoming  a  member  which  the 
total  amount  of  his  make-up  payments  actually  made,  to- 
gether with  regular  interest  thereon  to  the  date  his  retire- 
ment allowance  becomes  effective,  bears  to  the  total  amount 
of  what  his  make-up  payments,  together  with  regular  inter- 
est thereon  to  such  latter  date,  would  have  been  had  he 
made  payment  thereof  in  one  sum  on  such  latter  date. 

(d)  The  board  shall  verify  as  soon  as  practicable  after  the  Board  shau 
filing  of  any  such  statement  of  service,  the  service  therein  verify  and 
claimed,  and  shall  certify  as  creditable  service  all  or  such  able  service. 
part  of  the  service  claimed  as  may  be  allowable  under  such 
rules  and  regulations  as  the  board  may  adopt  subject  to  the 
approval  of  the  actuary. 

Prior  Service  Certificates. 

(3)  (a)  The  board,  upon  its  verification  of  any  statement  Board  to 
of  service  of  any  member  entitled  to  credit  for  prior  service,  's^vlce"'*'^ 
shall  issue  to  him  a  prior  service  certificate  certifying  the  certificate. 
length  of  service  rendered  by  him  prior  to  the  date  the  sys- 
tem became  operative  with  which  he  is  credited  by  the  board. 
Such  prior  service  certificate  shall,  for  retirement  purposes, 
be  final  and  conclusive  as  to  such  service  as  long  as  his  mem- 
bership continues;   provided,  that  any  member  may  within 
one  year  from  the  date  of  issue  or  modification  of  such  certifi- 
cate request  the  board  in  writing  to  modify  or  correct  his 
prior  service  certificate. 


744 


Acts,  1945.  ~  Chap.  658. 


Certiiicate 
vmded  imder 
certain 
conditions. 


(6)  The  prior  service  certificate  of  any  member  shall  be- 
come void  upon  the  cessation  of  his  membership  or  shall 
become  void  upon  the  termination  of  his  service  otherwise 
than  by  retirement  unless  he  remains  a  member  inactive  and 
unless  as  such  he  is  eligible  to  receive  a  retirement  allow- 
ance under  the  provisions  of  section  ten.  If  his  membership 
is  restored  or  reinstated  as  provided  for  in  subdivision  (6) 
of  section  three,  or  is  transferred  or  re-established  as  pro- 
vided for  in  subdivision  (8)  of  such  section,  he  shall  again 
be  entitled  to  such  prior  service  credit  or  to  that  proportion 
thereof  which  he  restores  to  the  extent  that  he  pays  into  the 
annuity  savings  fund  of  the  system  the  make-up  payments, 
if  any,  required  by  such  subdivisions.  Upon  the  completion 
of  any  such  make-up  payments,  or  if  none  are  required  then 
upon  his  again  becoming  a  member  in  service  as  provided 
for  in  said  subdivisions,  his  prior  service  certificate  shall  be 
fully  reinstated. 


Board  shall 
issue  mem- 
bership and 
retirement 
certificates. 


Membership  and  Retirement  Certificates. 

(4)  The  board  shall  issue  to  each  person  upon  his  becom- 
ing a  member  of  any  system  a  certificate  of  membership 
therein  which  shall  remain  in  effect  as  long  as  such  member- 
ship continues.  The  board  shall  issue  to  each  member  upon 
his  retirement,  or  when  any  retirement  allowance  becomes 
effective  for  him  under  the  provisions  of  section  ten,  a  retire- 
ment certificate  which  shall  be  evidence  of  his  right  to  a  re- 
tirement allowance  and  which  shall  state  the  amount  thereof. 
Any  certificate  issued  under  this  subdivision  or  under  sub- 
division (3)  of  this  section  shall  be  on  a  prescribed  form. 


SUPERANNUATION   RETIREMENT. 

Conditions  for  Allowance. 

Appiioation.  Section  5.     (1)  (tt)  Any  member  in  service  classified  in 

either  Group  A  or  Group  B  who  has  attained  age  fifty-five, 
upon  his  written  application  on  a  prescribed  form  filed  with 
the  board  or  upon  such  an  application  by  the  head  of  his 
department  after  a  hearing,  if  requested,  as  provided  for  in 
subdivision  (1)  of  section  sixteen  and  subject  to  the  condi- 
tions set  forth  in  said  section  and  in  this  section,  shall  be 
retired  for  superannuation  as  of  a  date  which  shall  be  speci- 
fied in  such  application  and  which  shall  be  subsequent  to 
but  not  more  than  four  months  after  the  filing  of  such  ap- 

Maxin.um  aga.  plicatiou.  Ally  member  in  service  shall  be  retired  for  super- 
annuation upon  attaining  the  maximum  age  for  his  group 
or  shall  be  so  retired  within  ninety  days  after  the  date  the 
system  becomes  operative  if  such  maximum  age  was  at- 
tained prior  thereto  or  is  attained  within  ninety  days  there- 
after; provided,  that  any  member  in  service  who  has  at- 
tained the  maximum  age  for  his  group  prior  to  the  date  the 
system  becomes  operative,  or  who  attains  such  maximum 
age  within  two  years  after  such  date,  upon  his  written  re- 


Acts,  1946.  —  Chap.  658.  746 

quest  and  with  the  approval  of  the  board,  may  be  continued 
in  service  for  a  period  not  exceeding  two  years  from  such 
date,  but  no  deductions  shall  be  made  from  his  regular 
compensation  after  he  has  attained  such  maximum  age  and 
when  so  retired  he  shall  receive  a  superannuation  retire- 
ment allowance  equal  to  that  to  which  he  would  have  been 
entitled  if  retired  at  the  maximum  age  for  his  group.  Any 
member  in  service  on  January  first,  nineteen  hundred  and 
forty-six,  wlio  on  such  date  has  already  attained  the  maxi- 
mum age  for  his  group  as  defined  in  section  one,  shall  be 
retired  for  superannuation  not  later  than  January  thirty- 
first,  nineteen  hundred  and  forty-six,  except  as  otherwise 
provided  for  in  this  subdivision. 

(b)  Any  member  in  service  whose  duties  require  the  board  ^^eryjce  may 
to  classify  him  in  two  groups  as  set  forth  in  paragraph  (2)  under  certain 
(g)  of  section  three  and  whose  regular  compensation  is  paid  '^""'^'''""^ 
from  two  appropriations  shall,  on  attaining  the  maximum 

age  for  retirement  of  employees  in  the  group  having  the 
lower  maximum  age  limit,  cease  to  perform  any  duties  of  a 
member  in  such  group.  If  the  major  portion  of  his  regular 
compensation  is  in  payment  for  such  duties  he  shall  be  re- 
tired forthwith  from  service.  If  the  major  portion  of  his 
regular  compensation  is  in  payment  for  duties  in  the  group 
having  the  higher  maximum  age  limit  he  may  continue  to 
perform  such  latter  duties  until  such  maximum  age,  in 
which  event  no  portion  of  his  allowance  shall  become  effec- 
tive until  the  date  of  his  actual  retirement  following  the 
cessation  of  all  duties. 

(c)  Any  member  in  service  who,  as  the  result  of  the  pro-  nedassitioa- 
visions  of  paragraph  (2)  (g)  of  section  three,  is  reclassified  q°ou°b 
as  a  member  in  Group  B  after  attaining  the  maximum  age 

for  said  group,  upon  his  written  request  and  with  the  ap- 
proval of  the  board,  may  be  continued  in  service  for  a 
period  not  exceeding  two  years  from  the  date  as  of  which  he 
is  reclassified  but  in  no  event  beyond  the  maximum  age  for 
a  member  classified  in  Group  A;  provided,  that  no  deduc- 
tions shall  be  made  from  his  regular  compensation  after  such 
date  of  reclassification  and  when  retired  he  shall  receive  a 
superannuation  retirement  allowance  equal  to  that  to  which 
he  would  have  been  entitled  under  his  new  classification  if 
retired  at  the  maximum  age  for  a  member  classified  in 
Group  B.  Such  member  upon  such  reclassification  shall  be 
paid  that  portion  of  the  amount  of  his  accumulated  regu- 
lar deductions  which  is  attributable  to  his  service  after  at- 
taining the  maximum  age  for  a  member  classified  in  Group  B. 

(d)  Any  other  provisions  of  this  section  to  the  contrary  Member 
notwithstanding,  no  member  holding  office  by  popular  elec-  by  p'^puj*'''' 
tion  shall  be  entitled  to  a  superannuation  retirement  allow-  election. 
ance  unless  he  has  had  at  least  fifteen  years  of  creditable 

service  before  attaining  the  maximum  age  for  his  group. 
Any  such  member  with  less  than  fifteen  years  of  creditable 
service  who  ceases  to  hold  office  shall  be  paid  the  amount  of 
his  accumulated  total  deductions  as  provided  for  in  sub- 


746 


Acts,  1945.  — Chap.  658. 


Husband 
and  wife 
members. 


division  (1)  of  section  eleven  in  lieu  of  receiving  a  retire- 
ment allowance  even  though  he  has  attained  retirement 
age.  Any  member  holding  office  by  popular  election  at  the 
time  of  attaining  the  maximum  age  for  his  group,  whether 
or  not  he  is  then  entitled  to  a  superannuation  retirement 
allowance,  may  continue  to  serve  in  such  office  after  attain- 
ing such  maximum  age  but  only  until  the  election  and 
qualification  of  his  successor  at  the  next  regular  election; 
provided,  that  no  deductions  shall  be  made  from  his  regular 
compensation  after  he  has  attained  such  maximum  age  and 
when  eligible  for  retirement  he  shall  receive  a  superannua- 
tion retirement  allowance  equal  to  that  to  which  he  would 
have  been  entitled  if  retired  at  the  maximum  age  for  his 
group.  Nothing  contained  in  this  paragraph  shall  prevent 
any  member  from  holding  an  office  to  which  he  is  elected 
by  popular  vote  after  attaining  the  maximum  age  for  his 
group. 

(e)  Where  husband  and  wife  are  both  members  of  the 
same  or  different  systems  and  one  of  the  two  members  is 
retired  under  the  provisions  of  sections  one  to  twenty-eight 
inclusive,  the  other  member,  upon  his  or  her  written  appli- 
cation on  a  prescribed  form  filed  with  the  board,  shall  be 
retired  for  superannuation  irrespective  of  age  as  of  a  date 
which  shall  be  specified  in  such  apphcation  and  which  shall 
be  subsequent  to  but  not  more  than  four  months  after  the 
filing  of  such  application. 


Effective 
date. 


Payments. 


Amount 
payable  to 
Group  A 
other  than 
a  veteran. 


Amount  of  Allowance. 

(2)  Upon  retirement  under  the  provisions  of  this  section 
a  member  shall  receive  a  superannuation  retirement  allow- 
ance to  become  effective  on  the  date  of  his  retirement. 
Payments  under  such  allowance  shall  be  made  as  provided 
for  in  sections  twelve  and  thirteen. 

(a)  The  normal  yearly  amount  of  such  allowance  for  any 
juember  classified  in  Group  A  other  than  a  veteran  as  de- 
fined in  section  one  shall,  subject  to  the  provisions  of  this 
section,  be  equal  to  the  aggregate  of  the  amounts  deter- 
mined in  accordance  with  clauses  (i),  (ii)  and  (iii)  of  this 
paragraph,  reduced  by  one  fourth  of  one  per  cent  of  such 
aggregate  for  each  full  month  by  which  his  date  of  retire- 
ment precedes  the  last  day  of  the  month  in  which  he  will 
attain  age  sixty-five: 

(i)  An  amount  equal  to  the  sum  of  two  fifths  of  the  regular 
deductions  of  such  member  made  on  account  of  regular  com- 
pensation received  subsequent  to  June  thirtieth,  nineteen 
hundred  and  thirty-seven,  and  one  fifth  of  the  first  seven 
hundred  and  fifty  dollars  of  his  total  regular  deductions  or 
any  portion  thereof; 

(ii)  An  additional  amount,  if  he  has  creditable  service  for 
a  period  before  July  first,  nineteen  hundred  and  thirty-seven, 
equal  to  two  per  cent  of  the  average  annual  rate  of  his  regu- 
lar compensation,  not  exceeding  twenty-six  hundred  dollars 


Acts,  1946.    -  Chap.  658.  747 

in  any  year,  during  tlie  five-year  period  of  his  creditable 
service  last  preceding  July  first,  nineteen  hundred  and  thirty- 
seven,  multiphed  by  the  number  of  years  of  such  creditable 
service  after  taking  any  creditable  service  for  a  fractional 
part  of  a  year  to  the  nearest  whole  number  of  twelfths  of  a 
year;  provided,  that  in  determining  such  additional  amount 
the  portion  of  the  allowance  included  therein  on  accoimt  of 
any  such  creditable  service  due  to  prior  service  shall  not  ex- 
ceed one  half  of  the  average  annual  rate  of  his  regular  com- 
pensation during  such  five-year  period  without  the  limitation 
of  twenty-six  hundred  dollars;  and  provided,  that  any  such 
additional  amount  shall  in  no  event  be  less  than  two  fifths 
of  the  regular  deductions,  if  any,  of  such  member  made  on 
account  of  regular  compensation  received  prior  to  July  first, 
nineteen  hundred  and  thirty-seven;  and 

(iii)  An  additional  amount,  if  he  has  creditable  prior  sei'v- 
ice  for  a  period  subsequent  to  June  thirtieth,  nineteen  hun- 
dred and  thirty-seven,  equal  to  two  fifths  of  the  regular  de- 
ductions which  would  have  been  made  during  such  period 
of  creditable  prior  service  had  he  been  a  member  of  a  munic- 
ipal contributory  retirement  system  established  under  the 
provisions  of  this  chapter  and  had  such  deductions  been 
made  in  accordance  with  the  appHcable  provisions  of  this 
chapter  as  in  effect  from  time  to  time  during  such  period; 
provided,  that  the  total  of  the  amounts  referred  to  under 
clauses  (ii)  and  (iii)  of  this  paragraph  payable  on  account 
of  any  creditable  prior  service  shall  not  exceed  one  half  of 
the  average  annual  rate  of  his  regular  compensation,  with- 
out the  limitation  of  twenty-six  hundred  dollars,  during  the 
five-year  period  of  his  creditable  prior  service  subsequent  to 
June  thirtieth,  nineteen  hundred  and  thirty-two,  for  which 
such  rate  was  the  highest. 

(b)  The  normal  yearly  amount  of  such  allowance  for  any  Amouut 
member  classified  in  Group  B  other  than  a  veteran  as  de-  ^roupV" 
fined  in  section  one  shall,  subject  to  the  provisions  of  this  other  than 
section,  be  equal  to  that  to  which  he  would  have  been  en-  *  ^®*^*"- 
titled  under  the  provisions  of  paragraph  (a)  of  this  subdi- 
vision if  he  had  been  classified  in  Group  A  otherwise  than  as 
a  veteran  and  had  continued  in  service  for  a  further  five- 
year  period,  but  in  no  event  for  a  further  period  beyond  the 
maximum  age  for  a  member  classified  in  Group  A,  at  an  an- 
nual rate  of  regular  compensation  equal  to  the  average  an- 
nual rate  of  his  regular  compensation  during  the  five-year 
period  of  his  creditable  service  last  preceding  the  date  of  his 
actual  retirement,  assuming  that  regular  deductions  had 
been  made  on  the  basis  thereof  during  such  further  period 
and  that  the  amount  of  his  allowance  had  been  determined 
as  though  he  had  retired  at  the  end  of  such  further  period. 
Any  member  who  is  classified  in  both  Group  A  and  Group  B 
shall  receive  the  additional  allowance  provided  in  this  para- 
graph for  a  member  classified  in  Group  B  only  to  the  extent 
that  it  is  attributable  to  regular  compensation  received  by 
him  for  creditable  service  as  a  member  classified  in  Group  B. 


748 


Acts,  1945.  —  Chap.  (568. 


AuiOUQt 

payable  to 
veterans. 


Additional 
allowances 
to  certain 
linemen. 


Certain  em- 
ployees whose 
regular  de- 
ductions prior 
to  July  1, 
1937,  were 
made  at  lower 
rate,  etc. 


(c)  The  normal  yearly  amount  of  such  allowance  for  any 
member  classified  in  either  Group  A  or  Group  B  who  is  a 
veteran  as  defined  in  section  one  shall,  subject  to  the  pro- 
visions of  this  section,  be  equal  to  the  sum  of  — 

(i)  An  amount  equal  to  the  normal  yearly  amount  of  the 
allowance  prescribed  in  paragraph  (a)  or  (6)  of  this  subdivi- 
sion, as  the  case  may  be,  for  a  member,  other  than  a  veteran, 
of  the  group  in  which  he  is  classified ;  and 

(ii)  An  additional  amount  equal  to  one  fifth  of  the  nor- 
mal yearly  amount  of  the  allowance  to  which  he  would  have 
been  entitled  under  the  provisions  of  paragraph  (a)  of  this 
subdivision  if  he  had  been  classified  in  Group  A  otherwise 
than  as  a  veteran;  provided,  that  such  additional  amount 
shall  not  exceed  three  hundred  dollars. 

(d)  Any  member  classified  in  Group  A  who  has  been  em- 
ployed by  a  city,  town  or  district  as  a  lineman  in  climbing 
poles,  in  erecting  or  repairing  wire  circuits  or  in  the  con- 
struction and  maintenance  of  electric  power  lines  for  a  period 
of  at  least  fifteen  years  of  creditable  service,  and  who  has 
ceased  or  ceases  to  serve  as  such  lineman  and  thereupon  has 
accepted  or  accepts  a  position  in  the  service  of  the  same 
city,  town  or  district  at  regular  compensation,  the  average 
annual  rate  of  which  for  the  remaining  period  of  his  credit- 
able service  until  the  date  of  his  retirement  is  lower  than 
the  average  annual  rate  of  his  regular  compensation  during 
the  last  five-year  period  of  his  creditable  service  as  such 
hneman,  shall  receive,  upon  retirement  under  the  provisions 
of  this  section  or  of  section  six,  a  retirement  allowance  the 
normal  yearly  amount  of  which  shall  be  equal  to  that  to 
which  he  would  have  been  entitled  under  the  provisions  of 
paragraphs  (a)  or  (c)  of  this  subdivision,  as  the  case  may 
be,  if  he  had  continued  to  serve  as  such  hneman  at  the  aver- 
age annual  rate  of  his  regular  compensation  for  such  five- 
year  period  and  regular  deductions  had  been  made  on  the 
basis  thereof  during  the  remaining  period  of  his  creditable 
service  until  the  date  of  his  retirement. 

(e)  Any  member  of  any  system  whose  regular  deductions 
during  any  period  of  his  employment  prior  to  July  first, 
nineteen  hundred  and  thirty-seven,  were  made  at  a  lower 
rate,  or  on  the  basis  of  a  lower  maximum  limit,  than  that 
in  effect  during  such  period  for  the  majority  of  the  members 
of  such  system,  shall,  in  the  determination  of  the  additional 
amount  included  in  the  normal  yearly  amount  of  such  re- 
tirement allowance  by  the  provisions  of  clause  (ii)  of  para- 
graph (a)  of  this  subdivision,  receive  credit  for  only  that 
proportion  of  such  additional  amount  which  the  value  of  his 
regular  deductions  actually  made  at  whatever  time  on  ac- 
count of  his  service  rendered  previous  to  July  first,  nineteen 
hundred  and  thirty-seven,  together  with  regular  interest 
thereon  to  the  date  his  retirement  allowance  becomes  effec- 
tive, bears  to  the  value  of  what  his  regular  deductions  for 
such  previous  service  would  have  been,  together  with  regu- 
lar interest  thereon  to  such  effective  date,  had  they  been 


Acts,  1945.  —  Chap.  658.  749 

made  at  the  rate  and  subject  to  the  maximum  limit  in  effect 
for  the  majority  of  the  members  of  such  system  throughout 
his  whole  period  of  such  previous  service.  Any  such  mem- 
ber who  has  fully  completed  the  payments  of  regular  deduc- 
tions and  interest  provided  for  by  paragraph  (1)  (d)  of 
section  twenty-two,  shall  be  entitled  to  full  credit  for  the 
additional  amount  provided  by  clause  (ii)  of  paragraph  (a) 
of  this  subdivision. 

(/)  The  total  normal  yearly  amount  of  the  retirement  Allowance 
allowance  of  any  member  as  determined  in  accordance  with  ceruCi^r''aTe^'^ 
the  provisions  of  this  section  shall  not  exceed  four  fifths  of  °^  regular 

,1  ijci.  1  .,.  compensation. 

the  average  annual  rate  oi  his  regular  compensation  during 
the  five-year  period  of  his  creditable  service  subsequent  to 
June  thirtieth,  nineteen  hundred  and  thirty-two,  for  which 
such  rate  was  the  highest,  anything  in  this  section  to  the 
contrary  notwithstanding. 

General  Provisions. 
(3)  (a)  If  any  calculation  involving  the  use  of  the  average  use  of  aver- 
annual  rate  of  regular  compensation  for  any  five-year  period  fafe*o°f°"eguiar 
is  required  under  the  provisions  of  sections  one  to  twenty-  compensation. 
eight  inclusive,  in  the  case  of  any  member  whose  creditable 
service  for  such  period  is  actually  less  than  five  years,  such 
calculation  shall  be  made  on  the  basis  of  the  average  annual 
rate  of  his  regular  compensation  applicable  to  that  portion 
of  such  period  during  which  such  service  was  actually  ren- 
dered. 

(b)  Any  duly  authorized  leave  or  period  of  absence  for  Authorized 
which  any  member  is  allowed  creditable  service  under  the  ''g^rTod'of 
provisions  of  sections  one  to  twenty-eight  inclusive,  and  any  absence  to 
such  leave  or  period  of  absence  not  in  excess  of  one  year  for  detemVmng'" 
which  he  is  not  allowed  creditable  service,  shall  be  included  n^^lle^o'f 
in  any  five-year  period  for  the  purpose  of  determining  the  regular 
average  annual  rate  of  his  regular  compensation  therefor  to  ''"'"p*'"'"**'""- 
the  extent  such  leave  or  period  of  absence  falls  within  such 
five-year  period,  anything  in  such  sections  to  the  contrary 
notwithstanding.    In  determining  any  such  average  annual 

rate  of  regular  compensation  for  any  member,  the  rate  in 
effect  for  him  immediately  preceding  any  period  of  his  ab- 
sence without  compensation  shall  be  used  as  the  rate  for  such 
period  of  absence. 

(c)  The  board  may  adopt  appropriate  rules  and  regula-  Rules  and 
tions  which  shall  be  subject  to  the  approval  of  the  actuary,  yeguiations 

,  i-ij^  ••!  11  -to  deterniine 

to  be  used  in  determining  the  normal  yearly  amount  of  any  normal  yearly 
retirement  allowance  in  accordance  with  the  provisions  of  reTbement 
sections  one  to  twenty-eight  inclusive  on  account  of  any  allowance. 
member  the  whole  or  a  portion  of  whose  creditable  service 
is  on  a  part-time,  provisional,  temporary,  temporary  provi- 
sional, seasonal  or  intermittent  basis,  and  subject  to  such 
approval  may  use  reasonable  approximations  in  determining 
the  average  annual  rates  of  regular  compensation  in  the 
case  of  any  member  for  whom  the  actual  rates  of  regular 
compensation  are  unavailable, 


760 


Acts,  1945.  —  Chap.  658. 


Group  A  and 
Group  B 
members 
totally  or 
permanently 
incapacitated. 


ORDINARY   DISABUJTY   RETIREMENT. 

Conditions  for  Allowance. 

Section  6.  (1)  Any  member  in  service  classified  in  either 
Group  A  or  Group  B  who  becomes  totally  and  permanently 
incapacitated  for  further  duty  before  attaining  age  fifty-five 
and  after  completing  twenty  or  more  years  of  creditable 
service,  or  any  such  member  who  is  a  veteran  as  defined  in 
section  one  who  becomes  totally  and  permanently  incapaci- 
tated for  further  duty  before  attaining  the  maximum  age  for 
his  group  and  after  completing  ten  or  more  years  of  credit- 
able service  before  attaining  age  fifty-five,  upon  his  written 
application  on  a  prescribed  form  filed  with  the  board  or  upon 
such  an  application  by  the  head  of  his  department  after  a 
hearing,  if  requested,  as  provided  for  in  subdivision  (1)  of 
section  sixteen  and  subject  to  the  conditions  set  forth  in  said 
section  and  in  this  section,  shall  be  retired  for  ordinary  dis- 
ability as  of  a  date  which  shall  be  specified  in  such  applica- 
tion and  which  shall  be  not  less  than  fifteen  days  nor  more 
than  four  months  after  the  filing  of  such  application  but  in 
no  event  later  than  the  maximum  age  for  his  group.  No 
such  retirement  shall  be  allowed  unless  the  board,  after  such 
proof  as  it  may  require,  including  in  any  event  an  examina- 
tion by  the  medical  panel  provided  for  in  subdivision  (3)  of 
this  section  and  including  a  certification  of  such  incapacity 
by  a  majority  of  the  physicians  on  such  medical  panel,  shall 
find  that  such  member  is  mentally  or  physically  incapaci- 
tated for  further  duty,  that  such  incapacity  is  likely  to  be 
permanent,  and  that  he  should  be  so  retired. 


Payments  as 
provided  in 
sections  12 
and  13. 


Amount  pay- 
able to 
Group  A  or 
Group  B 
members 
other  than 
veterans. 


Amount  pay- 
able to  vet- 
erans in 
Group  A  or 
Group  B. 


Amount  of  Allowance. 

(2)  Upon  retirement  under  the  provisions  of  this  section 
a  member  shall  receive  an  ordinary  disability  retirement  al- 
lowance to  become  effective  on  the  date  of  his  retirement. 
Payments  under  such  allowance  shall  be  made  as  provided 
for  in  sections  twelve  and  thirteen  and  the  continuance  of 
payments  shall  be  governed  also  by  the  provisions  of  sec- 
tion eight, 

(a)  The  normal  yearly  amount  of  such  allowance  for  any 
member  classified  in  either  Group  A  or  Group  B  other  than 
a  veteran  as  defined  in  section  one  shall  be  equal  to  that  to 
which  he  would  be  entitled  under  the  provisions  of  section 
five  as  prescribed  for  a  member  of  his  group,  if  he  were  to 
be  retired  for  superannuation  upon  the  attainment  of  age 
fifty-five  with  an  amount  of  creditable  service  equal  to  that 
with  which  he  is  credited  at  the  date  of  his  actual  retirement 
for  ordinary  disability. 

(&)  The  normal  yearly  amount  of  such  allowance  for  anj^ 
member  classified  in  either  Group  A  or  Group  B  who  is  a 
veteran  as  defined  in  section  one  shall  be  equal  to  the  sum 
of  — 


Acts,  1945. —  Chap.  658.  751 

(i)  A  yearly  amount  of  annuity  equal  to  the  yearly  amount 
of  the  regular  life  annuity  specified  in  clause  (i)  of  option  (a) 
of  subdivision  (2)  of  section  twelve;   and 

(ii)  A  yearly  amount  of  pension  equal  to  one  half  of  the 
average  annual  rate  of  his  regular  compensation  for  the 
twelve-month  period  for  which  he  last  received  regular  com- 
pensation immediately  preceding  the  date  his  retirement  al- 
lowance becomes  effective;  provided,  that  if  he  has  attained 
age  fifty-five  on  or  before  such  date,  the  normal  yearly 
amount  of  such  allowance  shall  in  no  event  be  less  than  that 
to  which  he  would  be  entitled  if  he  were  to  be  retired  for 
superannuation  under  the  provisions  of  section  five  as  pre- 
scribed for  a  member  of  his  group;  and  provided,  that  the 
normal  yearly  amount  of  such  allowance  shall  not  exceed 
four  fifths  of  the  average  annual  rate  of  his  regular  compen- 
sation during  the  five-year  period  of  his  creditable  service 
subsequent  to  June  thirtieth,  nineteen  hundred  and  thirty- 
two,  for  which  such  rate  was  the  highest,  anything  in  this 
section  to  the  contrary  notwithstanding. 

Medical  Panel. 

(3)   (a)  No  member  shall  be  retired  for  disability  under  certificate 
the  provisions  of  this  section  or  of  section  seven  unless  he  "eq'^J'ed. 
has  first  been  examined  by  a  medical  panel  and  unless  a 
majority  of  the  phj^sicians  on  such  medical  panel  shall,  after 
such  examination  and  after  a  review  of  all  of  the  pertinent 
facts  in  the  case,  certify  to  the  board  in  writing  that  such 
member  is  mentally  or  physically  incapacitated  for  further 
duty  and  that  such  incapacity  is  likely  to  be  permanent. 
Such  medical  panel  shall  consist  of  three  registered  physi-  Membership 
cians  who  shall  be  selected  as  follows  for  the  purpose  of  °f  p^^^^- 
examining  the  member  whose  retirement  or  re-examination 
is  under  consideration:    one  physician  who  shall  be  desig- 
nated by  the  state  surgeon  and  who  shall  serve  as  chairman 
of  the  medical  panel,  a  second  physician  who  shall  be  desig- 
nated by  the  board  except  as  otherwise  provided  for  in 
paragraph  (6)  of  this  subdivision,  and  a  third  physician  who 
shall  be  designated  by  such  member. 

(6)  Any  medical  examination  of  any  member  required  ]?^"|ff^^j°^j, 
under  the  provisions  of  sections  six  to  eight  inclusive  shall 
be  held  as  soon  as  practicable  at  a  time  and  place  convenient 
for  all  parties  concerned  and  arrangements  for  such  exami- 
nation shall  be  made  by  the  board;  provided,  that  in  the 
case  of  any  such  examination  of  any  teacher,  the  school 
committee  or  board  of  trustees  having  jurisdiction  over  such 
teacher  shall,  upon  the  request  of  the  teachers'  retirement 
board,  designate  the  second  physician  of  the  medical  panel 
and  act  as  agent  of  such  board  in  making  the  arrangements 
for  such  examination. 

(c)  The  physicians  composing  any  medical  panel  shall  ^'5^-^^;^,  ^ 
conduct  their  examination  of  the  member  as  a  panel  and 
may  obtain  X-ray  plates  if  in  their  judgment  such  action  is 


752 


Acts,  1945.  —  Chap.  658. 


Reports  and 
recommen- 
dations. 
Fees  and 
expenses. 


necessary  to  determine  the  cause,  nature  and  degree  of  dis- 
ability of  such  member.  They  shall  report  their  findings 
and  recommendations  to  the  board  as  soon  as  practicable 
after  completing  the  examination  of  such  member.  All  fees 
of  physicians  for  service  on  any  medical  panel  and  all  ex- 
penses of  obtaining  X-ray  plates  in  connection  with  any 
such  examination  shall,  upon  approval  by  the  board,  be 
paid  from  the  expense  fund  of  the  system. 


Ciroup  A, 

Group  B  and 

certain 

(iroup  C 

members 

totally  and 

permanently 

incapacitated 

by  reason  of 

Ijersonal 

injury. 


Amount  of 
Allowance. 


ACCIDENTAL    DISABILITV   RETIREMENT. 

Conditions  for  Allowance. 

Section  7.  (1)  Any  member  in  service  classified  in  either 
Group  A  or  Group  B,  or  any  member  in  service  classified 
in  Group  C  to  whom  the  provisions  of  subdivision  (2)  of 
section  twenty-six  are  not  applicable,  who  becomes  totally 
and  permanently  incapacitated  for  further  dut}^  before  at- 
taining the  maximimi  age  for  his  group  by  reason  of  a  per- 
sonal injury  sustained  or  a  hazard  undergone  as  a  result  of, 
and  while  in  the  performance  of,  his  duties  at  some  definite 
place  and  at  some  definite  time  on  or  after  the  date  of  his 
becoming  a  member  or  prior  to  such  date  while  any  provi- 
sion of  this  chapter  relating  to  non-contributory  pensions 
was  applicable  to  him,  without  serious  and  wilful  misconduct 
on  his  part,  upon  his  written  application  on  a  prescribed 
form  filed  with  the  board  or  upon  such  an  application  by 
the  head  of  his  department  after  a  hearing,  if  requested, 
as  provided  for  in  subdivision  (1)  of  section  sixteen  and 
subject  to  the  conditions  set  forth  in  said  section  and  in 
this  section,  shall  be  retired  for  accidental  disability  as  of 
a  date  which  shall  be  specified  in  such  application  and  which 
shall  be  not  less  than  fifteen  days  nor  more  than  four  months 
after  the  filing  of  such  application  but  in  no  event  later  than 
the  maximum  age  for  his  group.  Except  as  provided  for  in 
subdivision  (3)  of  this  section,  no  such  retirement  shall  be 
allowed  unless  such  injury  was  sustained  or  such  hazard  was 
undergone  within  two  3^ears  prior  to  the  filing  of  such  appli- 
cation or,  if  occurring  earlier,  unless  written  notice  thereof 
was  filed  with  the  board  by  such  member  or  in  his  behalf 
within  ninety  days  after  its  occurrence.  No  such  retire- 
ment shall  be  allowed  unless  the  board,  after  such  proof  as 
it  may  require,  including  in  any  event  an  examination  by 
the  medical  panel  provided  for  in  subdivision  (3)  of  section 
six  and  including  a  certification  of  such  incapacity  by  a 
majority  of  the  physicians  on  such  medical  panel,  shall  find 
that  such  member  is  mentally  or  phj^sically  incapacitated 
for  further  duty  to  the  extent  and  under  the  circumstances 
set  forth  in  this  section,  that  such  incapacity  is  likely  to  be 
permanent,  and  that  he  sliould  be  so  retired. 

Amount  of  Allowance. 

(2)  Upon  retirement  under  the  provisions  of  this  section 
9,  member  shall  receive  an  accidental  disability  retirement 


Acts,  1945.  —  Chap.  658.  753 

allowance  to  become  effective  on  the  date  the  injury  was 
sustained  or  the  hazard  on  account  of  which  he  is  being  re- 
tired was  undergone,  or  on  the  date  six  months  prior  to  the 
filing  of  the  written  application  for  such  retirement  with 
the  board,  or  on  the  date  for  which  he  last  received  regular 
compensation  for  his  employment  in  the  public  service, 
whichever  date  last  occurs.  Payments  under  such  allow- 
ance shall  be  made  as  provided  for  in  sections  twelve  and 
thirteen  and  the  continuance  of  payments  shall  be  governed 
also  by  the  provisions  of  section  eight. 

(a)  The  normal  yearly  amount  of  such  allowance  for  any 
member  classified  in  either  Group  A  or  Group  B,  or  for  any 
member  classified  in  Group  C  to  whom  the  provisions  of 
subdivision  (2)  of  section  twenty-six  are  not  applicable, 
shall,  subject  to  the  provisions  of  paragraphs  (6)  and  (c)  of 
this  subdivision,  be  equal  to  the  sum  of  — 

(i)  A  yearly  amount  of  annuity  equal  to  the  yearly 
amount  of  the  regular  life  annuity  specified  in  clause  (i)  of 
option  (a)  of  subdivision  (2)  of  section  twelve; 

(ii)  A  yearly  amount  of  pension  equal  to  one  half  of  the 
annual  rate  of  his  regular  compensation  on  the  date  such 
injury  was  sustained  or  such  hazard  was  undergone,  or 
equal  to  one  half  of  the  average  armual  rate  of  his  regular 
compensation  for  the  twelve-month  peiiod  for  which  he  last 
received  regular  compensation  immediately  preceding  the 
date  his  retirement  allowance  becomes  effective,  which- 
ever is  greater;  and 

(iii)  A  yearly  amount  of  additional  pension  determined  at 
the  rate  of  two  hundred  and  sixty  dollars  yearly  for  each 
surviving  unmarried  child  of  such  member  who  is  under  age 
eighteen  or  who  was  over  said  age  and  physically  or  mentally 
incapacitated  from  earning  on  the  date  such  injury  was 
sustained  or  such  hazard  was  undergone.  Such  additional 
pension  on  account  of  any  such  child  shall  be  paid  only  so 
long  as  the  remainder  of  such  allowance  is  being  paid  and 
only  so  long  as  such  child  survives,  remains  unmarried  and 
is  under  age  eighteen  or  if  over  said  age  remains  physically 
or  mentally  incapacitated  from  earning. 

(b)  For  purposes  of  determining  the  normal  yearly  amount 
of  any  pension  in  accordance  with  the  provisions  of  this 
section  or  of  section  nine  on  account  of  the  retirement  or 
death  of  any  member  classified  in  Group  B  as  a  call  fireman 
or  reserve  policeman,  who  was  performing  the  duties  of  a 
call  fireman  or  reserve  policeman  at  the  time  the  injury  was 
sustained  or  the  hazard  was  undergone  which  resulted  in 
the  granting  of  such  pension,  the  annual  rate  of  regular 
compensation  of  such  member  shall  be  considered  to  be  the 
same  as  that  of  permanent  firemen  or  policemen  of  lowest 
rank  and  grade,  as  the  case  may  be,  in  the  city  or  town  in 
which  he  was  employed ;  provided,  that  if  there  are  no  such 
permanent  firemen  or  policemen,  then  the  annual  rate  of  his 
regular  compensation  shall  be  considered  for  such  purposes 
to  be  eighteen  hundred  dollars. 


754 


Acrrs,  1945.  —  Chap.  658. 


(c)  The  total  normal  yearly  amount  of  the  retirement 
allowance  of  any  member  as  determined  in  accordance  with 
the  provisions  of  this  section  shall  not  exceed  the  greater  of 
the  annual  rate  of  his  regular  compensation  on  the  date  such 
injury  was  sustained  or  such  hazard  was  undergone,  and  the 
average  annual  rate  of  his  regular  compensation  for  the 
twelve-month  period  for  which  he  last  received  regular  com- 
pensation immediately  preceding  the  date  his  retirement  al- 
lowance becomes  effective,  anything  in  this  section  to  the 
contrary  notwithstanding. 


Lapse  of  time 
or  failure  to  file 
notice  of  injury 
sustained  or 
hazard  under- 
gone, not  to  be 
a  bar  to  pro- 
ceedings, etc. 


Head  of  depart- 
ment to  notify 
board  in 
writing  of 
time,  place, 
cause  and 
nature  of 
injury,  etc. 


General  Provisions. 

(3)  (a)  Lapse  of  time  or  failure  to  file  notice  of  an  injury 
sustained  or  a  hazard  undergone  as  provided  for  in  subdivi- 
sion (1)  of  this  section  or  in  subdivision  (1)  of  section  nine, 
as  the  case  may  be,  shall  not  be  a  bar  to  proceedings  under 
either  of  said  sections  if  such  member  received  payments  on 
account  of  such  injury  or  hazard  under  the  provisions  of 
chapter  one  hundred  and  fifty-two,  or  in  case  he  was  classi- 
fied in  Group  B  or  Group  C  and  not  subject  to  the  provisions 
of  chapter  one  hundred  and  fifty-two,  if  a  record  of  such 
injury  sustained  or  hazard  undergone  is  on  file  in  the  official 
records  of  his  department. 

(6)  Except  where  an  official  record  of  an  injury  sustained 
by  a  member  classified  in  Group  B  or  Group  C  exists  as  set 
forth  in  paragraph  (a)  of  this  subdivision,  the  head  of  a  de- 
partment shall,  within  fifteen  days  of  the  receipt  of  knowl- 
edge of  a  personal  injury  sustained  by  a  member  in  his 
department  as  a  result  of,  and  in  the  performance  of,  his 
duties,  notify  the  board  in  writing  of  the  time,  place,  cause 
and  nature  of  such  injury,  together  with  such  further  in- 
formation relative  thereto  as  he  may  obtain.  In  such  case 
said  notice  shall  have  the  same  effect  as  though  given  by 
such  member  as  otherwise  provided  for  in  this  section  or  in 
section  nine. 


Members  may 
furnish  aid  to 
other  govern- 
mental units. 


Members  Furnishing  Aid  to  Other  Governmental  Units. 

(4)  (a)  Any  governmental  unit  may,  by  action  of  the 
executive  or  board  having  jurisdiction  in  the  common- 
wealth, the  county  commissioners  in  a  county,  the  mayor 
in  a  city,  the  board  of  selectmen  in  a  town,  or  by  the  action 
of  any  other  executive  or  board  having  jurisdiction,  as  the 
case  may  be,  request  and  authorize  any  member  in  service 
to  go  to  the  aid  of  a  second  governmental  unit  if  in  the  judg- 
ment of  the  head  of  the  department  in  which  such  member 
is  regularly  employed  such  action  is  necessary.  While  in 
the  performance  of  his  duties  pursuant  to  such  request  and 
authorization  such  member  shall  be  subject  to  the  provi- 
sions of  sections  one  to  twenty-eight  inclusive,  and  shall 
have  the  same  rights  and  privileges  thereunder,  as  if  per- 
forming the  same  duties  within  the  scope  of  his  regular 
employment. 


Acts,  1945.  —  Chap.  658.  756 

(6)  The  governmental  unit  so  requesting  such  assistance  Reimburse- 
shall  reimburse  in  full,  in  accordance  with  the  provisions  of  pen"io°n 
this  paragraph,  the  first  governmental  unit  for  any  pension  payments. 
payments  lawfully  made  from  the  system  pertaining  thereto 
on  account  of  any  injuries  suffered  by  such  member  in  the 
course  of  rendering  such  aid  or  on  account  of  his  death  as 
the  result  of  such  injuries.  The  treasurer  of  the  first  gov- 
ernmental unit  shall  annually,  on  or  before  January  fifteenth, 
upon  the  certification  of  the  board  of  the  system  from  which 
such  disbursements  have  been  made,  notify  the  treasurer  of 
the  second  governmental  unit  of  the  amount  of  reimburse- 
ment due  therefrom  for  the  previous  fiscal  year  and  such 
latter  treasurer  shall  forthwith  take  such  steps  as  may  be 
necessary  to  insure  prompt  payment  of  such  amount.  All 
such  payments  due  under  the  provisions  of  this  paragraph 
from  the  second  governmental  unit  shall  be  charged  to  the 
pension  fund  of  the  system  pertaining  thereto,  or  if  there  is 
no  such  system  then  they  shall  be  paid  by  such  govern- 
mental unit  from  a  special  appropriation,  and  as  received 
they  shall  be  credited  to  or  appropriated  for  the  pension 
fund  of  the  system  pertaining  to  the  first  governmental 
unit.  In  default  of  any  such  payment,  the  first  govern- 
mental unit  may  maintain  an  action  of  contract  to  recover 
the  same. 


RE-EXAMINATION    OF   MEMBERS   RETIRED    FOR    DISABILITY. 

Re-examination  of  Members. 

Section  8.     (1)  (a)  The  board  may  require  any  member  Re-examina- 
retired  for  disability  under  the  provisions  of  section  six  or  rlquireTa'fter 
seven  who  has  not  attained  age  sixty  to  submit  to  a  mental  ^'1^!^',^;"^^ ""^  ^""^ 
or  physical  examination  once  in  each  year  during  the  five- 
year  period  next  succeeding  the  date  of  his  retirement,  and 
once  in  each  three-year  period  thereafter,  by  the  medical 
panel  provided  for  in  subdivision  (3)  of  section  six,  and  upon 
a  written  request  therefor  by  any  such  member,  the  board 
shall  permit  such  examination  at  any  time  before  he  attains 
age  sixty  but  not  more  frequently  than  once  in  any  twelve- 
month period.     If  such  member  shall  refuse  to  submit  to 
any  such  required  examination,   his  retirement  allowance 
may  be  discontinued,  and  if  such  refusal  continues  for  one 
year  thereafter,  all  his  rights  in  and  to  the  pension  provided 
for  in  section  six  or  seven  shall  be  revoked  by  the  board. 

(6)  If,  as  a  result  of  the  report  of  such  medical  panel,  the  Reduction  of 
board  finds  that  the  mental  or  physical  condition  of  such  clnahrdr'^'^*''^ 
retired  member  has  changed  so  that  he  is  engaged  or  is  cumstances. 
able  to  engage  in  gainful  occupation  and  that  the  annual 
rate  of  his  actual  or  potential  earnings  is  less  than  the  an- 
nual rate  of  his  regular  compensation  in  effect  on  the  date 
of  his  retirement,  but  is  more  than  the  difference  between 
such  annual  rate  of  regular  compensation  and  the  normal 
yearly  amount  of  his  retirement  allowance,  then  the  yearly 


756 


Acts,  1945.  —  Chap.  658. 


amount  of  his  pension  shall  be  reduced.  If  the  annual  rate 
of  his  earnings  should  later  be  changed,  the  yearly  amount 
of  his  pension  shall  be  further  modified  by  increasing  or  re- 
ducing it,  as  the  case  may  be.  The  yearly  amount  of  such 
reduced  or  modified  pension  at  all  times  shall  be  equal  to 
the  excess,  if  any,  of  the  amount  of  such  annual  rate  of  regu- 
lar compensation  over  the  sum  of  the  yearly  amount  of  the 
regular  life  annuity  which  would  be  payable  to  him  under 
clause  (i)  of  option  (a)  of  subdivision  (2)  of  section  twelve 
and  the  annual  rate  of  his  current  actual  or  potential  earn- 
ings, but  in  no  event  shall  it  exceed  the  yearly  amount  of 
the  pension  originally  granted  to  him. 


Restoration 
to  same 
employment. 


Pension 
revoked  or 
suspended. 


Subsequent 
separation. 


Return  to 
status  of  mem- 
ber in  service. 


Restoration  of  Members  to  Active  Service. 

(2)  (a)  The  board  may,  with  the  approval  of  the  head  of 
any  department  in  which  a  vacancy  exists,  order  any  such 
retired  member  referred  to  in  paragraph  (1)  (6)  of  this  sec- 
tion to  return  and  be  restored  to  active  service  in  the  same 
employment  in  which  such  member  was  employed  at  the 
tune  of  his  retirement,  or  in  similar  employment  in  the  same 
governmental  unit.  If  such  member  refuses  to  return  to 
service  or  to  file  such  information  as  the  board  may  require, 
it  may  revoke  or  suspend  his  pension.  If  any  such  member 
is  restored  to  active  service  at  an  annual  rate  of  regular  com- 
pensation less  than  the  annual  rate  of  his  regular  compensa- 
tion referred  to  in  paragraph  (1)  (6)  of  this  section,  but 
greater  than  the  difference  between  the  annual  rate  of  his 
regular  compensation  referred  to  therein  and  the  normal 
yearly  amount  of  his  retirement  allowance,  then  the  yearly 
amount  of  his  pension  shall  be  reduced  and  modified  in  a 
manner  consistent  with  that  set  forth  in  said  paragraph.  No 
such  member  restored  to  active  service  at  an  annual  rate  of 
regular  compensation  less  than  the  annual  rate  of  his  regu- 
lar compensation  referred  to  in  said  paragraph  shall  become 
a  member  in  service  except  as  provided  for  in  paragraph  (&) 
of  this  subdivision,  nor  shall  he  make  any  payments  into 
the  annuity  savings  fund.  Upon  subsequent  separation  from 
service  without  having  become  a  member  in  service  he  shall 
receive  a  retirement  allowance  equal  to  that  which  he  was 
receiving  prior  to  his  restoration  to  active  service.  No  such 
member  restored  to  active  service  shall  remain  in  service 
after  attaining  the  maximum  age  for  his  group. 

(6)  If  any  such  retired  member  is  restored  to  active  serv- 
ice at  an  annual  rate  of  regular  compensation  not  less  than 
the  annual  rate  of  his  regular  compensation  referred  to  in 
paragraph  (1)  (6)  of  this  section,  or  should  he,  after  being 
restored  at  a  lesser  rate,  attain  or  exceed  the  annual  rate  of 
his  regular  compensation  referred  to  therein,  his  retirement 
allowance  shall  cease,  and  he  shall  again  become  a  member 
in  service  and  regular  deductions  shall  again  be  made  from 
his  regular  compensation.  Any  creditable  service  in  effect 
for  him  at  the  time  of  his  retirement  for  disability  shall 


Acts,  1945.  —  Chap.  658.  757 

thereupon  be  restored  to  full  force  and  effect,  and  upon  his 
subsequent  retirement  he  shall  be  entitled  to  a  normal  yearly 
amount  of  retirement  allowance  computed  as  though  such 
disability  retirement  and  reinstatement  had  not  taken  place, 
except  that  no  creditable  service  shall  be  allowed  for  the 
period  during  which  his  disability  retirement  allowance  was 
in  effect.  In  computing  such  normal  yearly  amount  of  re- 
tirement allowance  upon  his  subsequent  retirement,  the 
yearly  amount  of  pension  included  therein  shall  be  increased 
to  the  extent  that  the  yearly  amount  of  regular  life  annuity 
included  therein,  as  specified  in  clause  (i)  of  option  (a)  of 
subdivision  (2)  of  section  twelve,  has  been  reduced  as  the 
result  of  his  earlier  disability  retirement,  anything  in  section 
seven  to  the  contrary  notwithstanding. 

(c)  The  board  shall,  upon  the  written  request  of  any  such  ^^!^^"^«^M°;ion. 
retired  member  after  his  pension  has  been  reduced,  revoked 
or  suspended  as  provided  for  in  this  section,  cause  him  to 
be  again  examined  by  the  medical  panel  as  provided  for 
under  paragraph  (1)  (a)  of  this  section.  If  the  report  of 
such  medical  panel  is  to  the  effect  that  the  mental  or  physi- 
cal condition  of  such  member  has  deteriorated,  the  board 
may  increase  or  restore  his  pension  as  the  report  may  warrant. 


ACCIDENTAL   DEATH    BENEFIT. 

Conditions  for  Allowance. 

Section  9.  (1)  If  the  board,  upon  receipt  of  proper  proof,  ?'*^']^p"aV" 
finds  that  any  member  in  service  died  as  the  natural  and  authorized. 
proximate  result  of  a  personal  injury  sustained  or  a  hazard 
undergone  as  a  result  of,  and  while  in  the  performance  of, 
his  duties  at  some  definite  place  and  at  some  definite  time 
on  or  after  the  date  of  his  becoming  a  member  or  prior  to 
such  date  while  any  provision  of  this  chapter  relating  to 
non-contributory  pensions  was  applicable  to  him,  without 
serious  and  wilful  misconduct  on  his  part,  the  payments  and 
allowances  hereinafter  referred  to  in  this  section  shall  be 
granted  to  his  beneficiary  or  beneficiaries,  in  the  sum  or 
sums,  and  upon  the  terms  and  conditions,  specified  in  this 
section.  Except  as  provided  for  in  subdivision  (3)  of  sec-  Limitation  of 
tion  seven,  no  payments  or  allowances  shall  be  granted  under  ^^{j'^^j^n^gg'" 
this  section  unless  such  injury  was  sustained  or  such  hazard 
was  undergone  within  two  years  prior  to  the  death  of  such 
member  or,  if  occurring  earlier,  unless  written  notice  thereof 
was  filed  with  the  board  by  him  or  in  his  behalf  within 
ninety  days  after  its  occurrence.  The  provisions  of  this  sec- 
tion shall  apply  although  such  member  had  previously  been 
retired  for  accidental  disability  if  the  board  finds  that  such 
death  was  the  natural  and  proximate  result  of  the  injury  or 
hazard  on  account  of  which  such  member  was  retired. 


758 


Acts,  1945. —  Chap.  658. 


Payment  of 
accumulated 
total  deduc- 
tions, etc.,  in 
one  sum. 


Pansion. 


Surviving 
spouse. 


Children. 


Dependent 
father  or 
mother. 


Amount  of  Allowance. 

(2)  Upon  receipt  by  the  board  of  proof  of  the  death  of 
any  member  as  set  forth  in  subdivision  (1)  of  this  section, 
the  amount  of  any  accumulated  total  deductions  credited  to 
his  account  in  the  annuity  savings  fund  or  the  amount  of 
any  cash  refund  or  pro  rata  payment  of  allowance  due  under 
the  provisions  of  subdivision  (2)  of  section  eleven,  as  the 
case  may  be,  shall  be  paid  in  one  sum  in  accordance  with 
the  provisions  of  such  subdivision  to  his  surviving  beneficiary 
or  beneficiaries  entitled  thereto.  In  addition  to  any  such 
payment,  there  shall  be  paid  to  such  member's  dependent 
beneficiary  or  beneficiaries,  as  hereinafter  designated  in  this 
subdivision,  an  accidental  death  benefit  allowance  to  con- 
sist of  a  yearly  amount  of  pension  equal  to  one  half  of  the 
annual  rate  of  regular  compensation  of  such  member  on  the 
date  such  injury  was  sustained  or  such  hazard  was  under- 
gone, or  equal  to  one  half  of  the  average  annual  rate  of  his 
regular  compensation  for  the  twelve-month  period  for  which 
he  last  received  regular  compensation  immediately  preced- 
ing the  date  of  his  death,  whichever  is  greater.  Such  pen- 
sion shall  become  effective  as  of  the  date  of  the  death  of 
such  member  and  payments  thereunder  shall  be  made  as 
provided  for  in  section  thirteen.  Such  pension  shall  be  sub- 
ject to  the  provisions  of  paragraph  (2)  (6)  of  section  seven 
and  to  the  provisions  of  sections  fourteen  and  fifteen  and 
shall  be  paid  — 

(a)  To  the  surviving  spouse  of  such  member  so  long  as 
such  spouse  survives  and  does  not  remarry;  provided,  that 
they  had  been  living  together  at  the  time  of  such  member's 
death  or  the  board  finds  that  they  had  been  living  apart  at 
such  time  for  justifiable  cause  or  because  of  the  desertion  of 
such  spouse  by  such  member. 

(6)  If  at  any  time  there  is  no  spouse  eligible  to  receive 
such  pension  under  the  provisions  of  paragraph  (a)  of  this 
subdivision,  then  it  shall  be  paid  to  a  legal  guardian  for  the 
benefit  of  any  surviving  unmarried  children  of  such  member 
who  are  under  age  eighteen  or  who  were  over  said  age  and 
physically  or  mentally  incapacitated  from  earning  on  the 
date  of  such  member's  death.  Such  pension  shall  be  divided 
for  the  benefit  of  such  children  in  such  manner  as  the  board 
shall  from  time  to  time  determine,  and  shall  be  paid  so  long 
as  any  such  child  survives,  remains  unmarried  and  is  under 
age  eighteen  or  if  over  said  age  remains  physically  or  men- 
tally incapacitated  from  earning. 

(c)  If  on  the  date  of  the  death  of  such  member  there  is 
no  person  eligible  to  receive  such  pension  under  the  provi- 
sions of  either  paragraph  (a)  or  (6)  of  this  subdivision,  then 
it  shall  be  paid  to  the  surviving  totally  dependent  father  or 
mother  of  such  member  or  to  both  and  to  the  survivor  of 
them  or  if  none  such,  then  to  any  totally  dependent  unmar- 
ried or  widowed  sister  of  such  member  with  whom  he  was 
living  at  the  time  of  his  death,  so  long  as  such  beneficiary 


Acts,  1945.  —  Chap.  658.  759 

or  beneficiaries  survive,  do  not  marry  or  remarry,  and  are 
unable  to  support  themselves, 

(d)  If  there  are  any  surviving  unmarried  children  of  such  Additional 
member  who  are  under  age  eighteen  or  who  were  over  said  clrTaTiT  ^°^ 
age  and  physically  or  mentally  incapacitated  from  earning  children. 
on  the  date  of  his  death,  an  additional  pension  at  the  rate  of 

two  hundred  and  sixty  dollars  yearly  shall  be  paid  for  each 
such  child  to  the  child's  natural  or  legal  guardian  so  long 
as  such  child  survives,  remains  unmarried  and  is  under  age 
eighteen  or  if  over  said  age  remains  physically  or  mentally 
incapacitated  from  earning. 

(e)  In  no  event  shall  the  total  yearly  amount  of  all  pen-  Limitation  of 
sions  provided  for  under  this  section  on  account  of  any  p^^i'o'n."^ 
member  exceed  the  greater  of  the  annual  rate  of  his  regular 
compensation  on  the  date  such  injury  was  sustained  or  such 

hazard  was  undergone  and  the  average  annual  rate  of  his 
regular  compensation  for  the  twelve-month  period  for  which 
he  last  received  regular  compensation  immediately  preced- 
ing the  date  of  his  death.  If  at  any  time  the  calculated  total 
amount  of  such  pensions  shall  exceed  such  greater  annual 
rate,  the  amounts  of  pensions  provided  for  under  para- 
graph (d)  of  this  subdivision  shall  be  prorated  among  those 
entitled  to  receive  them  so  that  such  total  amount  shall 
thereby  be  reduced  to  equal  such  greater  annual  rate. 

General  Provisions. 

(3)  (a)  The  board,  after  a  notice  and  hearing,  shall  decide  Establishment 
all  questions  relating  to  dependency  of  any  person  entitled  "^  dependency. 
to  a  pension  under  the  provisions  of  this  section,  or  relating 
to  the  incapacity  of  any  child  to  earn,  and  its  decision  shall 
be  final, 

(b)  If  payments  are  made  under  paragraph  (2)  (d)  of  this  Guardian  or 
section  to  a  natural  guardian  of  a  child,  such  guardian  shall  acco^nts!*"^ 
render  in  each  year  to  the  board  on  oath,  under  the  penalties 
of  perjury  and  in  such  form  as  the  board  shall  prescribe,  a 
detailed  account  of  the  amounts  disbursed  therefrom  by  him 
for  the  benefit  of  such  child.  If  upon  the  rendering  of  any 
such  account  the  board  finds  that  such  disbursements  have 
not  been  made  for  the  best  interests  of  such  child,  such  pen- 
sion may  be  discontinued  at  the  discretion  of  the  board  until 
such  time  as  a  legal  guardian  or  conservator  has  been 
appointed. 


RESIGNATION,   FAILURE  OF  RE-ELECTION  OR  REAPPOINTMENT, 
REMOVAL   OR   DISCHARGE. 

Right  to  a  Superannuation  Retirement  Allowance. 

Section  10.    (1)  Any  member  classified  in  either  Group  A  ^]^^^l^^^^ 
or  Group  B  who,  on  or  after  January  first,  nineteen  hundred  receive  after 
and  forty-six,  and  after  having  attained  age  fifty-five,  re-  ^ll'lfty^Twe!"^ 
signs,  fails  of  re-election  after  completing  fifteen  or  more  etc. 
years  of  creditable  service,  or  fails  of  reappointment  or  is 


760 


Acts,  1945. —  Chap.  658. 


Amount  of 
allowance. 


removed  or  discharged  from  his  office  or  position  without 
moral  turpitude  on  his  part,  or  any  such  member  whose 
office  or  position  is  aboHshed,  or  any  member  so  classified 
who,  on  or  after  such  date  and  before  attaining  age  fifty-five 
and  after  completing  twenty  or  more  years  of  creditable 
service,  resigns  or  fails  of  re-election,  upon  his  written  ap- 
plication on  a  prescribed  form  filed  with  the  board,  shall 
receive  a  superannuation  retirement  allowance  to  become 
effective  as  provided  for  in  subdivision  (3)  of  this  section. 
Such  allowance  shall  be  determined  in  accordance  with  the 
provisions  of  section  five  upon  the  basis  of  such  member's 
age  on  the  date  when  the  allowance  becomes  effective.  If 
such  member  has  not  attained  age  fifty-five  on  the  date  of 
his  termination  of  service,  the  normal  yearly  amount  of  such 
allowance  shall  be  equal  to  that  prescribed  for  a  member 
classified  in  Group  A;  otherwise  it  shall  be  equal  to  that 
prescribed  for  a  member  of  the  group  in  which  he  is  classified. 


Right  to  a  Termination  Retirement  Allowance. 

Member  quaii-  (2)  Any  member  in  service  classified  in  either  Group  A 
beforeauaTning  OF  Group  B  who,  on  or  after  January  first,  nineteen  hundred 
etc.  ^^*^^^*''  ^°d  forty-six,  and  before  attaining  age  fiftj'^-five  and  after 
completing  twenty  or  more  years  of  creditable  service,  fails 
of  reappointment  or  is  removed  or  discharged  from  his 
office  or  position  without  moral  turpitude  on  his  part,  or 
any  such  member  whose  office  or  position  is  abolished,  upon 
his  written  appHcation  on  a  prescribed  form  filed  with  the 
board,  shall  receive  a  termination  retirement  allowance  to 
become  effective  as  provided  for  in  subdivision  (3)  of  this 
section.  Such  allowance  shall  be  determined  in  any  event 
as  though  such  member  were  classified  In  Group  A.  If  such 
allowance  becomes  effective  before  such  member  attains 
age  fifty-five,  the  normal  yearly  amount  thereof  shall  be 
equal  to  that  to  which  he  would  be  entitled  under  the  pro- 
visions of  section  five  if  he  were  to  be  retired  for  super- 
annuation upon  the  attainment  of  age  fifty-five  with  an 
amount  of  creditable  service  equal  to  that  with  which  he 
was  credited  at  the  date  of  his  termination  of  service;  other- 
wise it  shall  be  equal  to  that  to  which  he  would  be  entitled 
if  he  were  to  be  retired  for  superannuation  upon  the  date 
such  allowance  becomes  effective. 


Amount  of 
allowance. 


Effective  date 
of  retirement 
allowance. 


Deferment. 


Right  to  Defer  Receipt  of  Allowance. 

(3)  The  retirement  allowance  of  any  member  entitled 
thereto  under  the  provisions  of  subdivision  (1)  or  (2)  of  this 
section  shall  become  effective  on  the  date  of  his  termination 
of  service  if  his  written  application  therefor  is  filed  with  the 
board  not  more  than  sixty  days  after  such  date;  otherwise 
his  retirement  allowance  shall  be  deferred.  Any  such  mem- 
ber may,  at  any  time  thereafter  and  before  attaining  the 
maximum  age  for  his  group,  file  with  the  board  his  written 
application  for  such  retirement  allowance,  and  thereupon 


Acts,  1945.  —  Chap.  658.  761 

such  retirement  allowance  shall  become  effective  on  the 
date  which  shall  be  specified  in  such  application  and  which 
shall  be  not  less  than  fifteen  daj^s  nor  more  than  four  months 
after  the  filing  of  such  application  but  in  no  event  later  than 
the  maximum  age  for  his  group.  The  retirement  allowance 
of  any  such  member  who  fails  to  file  a  written  application 
therefor  as  provided  for  in  this  subdivision  shall  neverthe- 
less become  effective  upon  his  attainment  of  the  maximum 
age  for  his  group  unless  prior  to  such  age  his  accumulated 
total  deductions  have  been  returned  as  provided  for  in  this 
section  and  in  section  eleven.  Payments  under  such  allow- 
ance shall  be  made  as  provided  for  in  sections  twelve  and 
thirteen.  The  amount  of  such  retirement  allowance  shall  be 
based  upon  such  member's  creditable  service  only  for  the 
period  prior  to  the  actual  date  of  his  termination  of  service; 
provided,  that  if  such  member  later  becomes  reinstated, 
re-employed  or  re-elected  and  restored  to  active  member- 
ship in  accordance  with  the  provisions  of  section  three,  the 
amount  of  his  retirement  allowance  shall  also  include  credit 
for  any  subsequent  period  of  his  creditable  service. 

Right  to  a  Return  of  Accumulated  Total  Deductions. 

(4)  Any  retirement  allowance  granted  to  a  member  in  Retirement 
accordance  with  the  provisions  of  sections  one  to  twenty-  ifeu'^f "epay- 
eight  inclusive,  except  as  otherwise  provided  for  in  sub-  ™ent  of 
division  (3)  of  section  twenty-five,  shall  be  in  lieu  of  the  total  deduc- 
payment  to  him  of  his  accumulated  total  deductions.    Any  *'°"^" 
member  not  entitled  to  a  retirement  allowance  in  accord- 
ance with  the  provisions  of  sections  one  to  twenty-eight 
inclusive,  or  any  member  entitled  to  a  retirement  allowance 
as  provided  for  in  this  section  who  has  not  attained  age  Return  of 
fifty-five  and  whose  allowance  has  not  become  effective,  tot^i'deduc^ 
shall  be  paid  the  amount  of  his  accumulated  total  deductions  t'o'^s. 
as  provided  for  in  subdivision  (1)  of  section  eleven  upon  his 
written  request  therefor  on  a  prescribed  form  filed  with  the 
board  on  or  after  the  date  of  his  termination  of  service, 
except  as  provided  for  in  section  fifteen.     No  member  en- 
titled  to  a  retirement  allowance  in  accordance  with  the 
provisions  of  sections  one  to  twenty-eight  inclusive  who  has 
attained  age  fifty-five  shall  be  ehgible  to  receive  a  return  of 
his  accumulated  total  deductions  except  as  provided  for  in 
subdivision  (2)  of  section  thirteen  or  in  subdivision  (3)  of 
section  twenty-five. 


RETURN  OF  ACCUMULATED   TOTAL  DEDUCTIONS  AND  AMOUNTS 
DUE    BENEFICIARIES   OF   DECEASED   MEMBERS. 

Return  of  Accumulated  Total  Deductions  to  Members. 

Section  11.     (1)  (a)  Any  member  entitled  to  a  return  of  One  sum 
his  accumulated  total  deductions  as  provided  for  in  para-  ac^J^^uiit°ed 
graph  (1)  (c)  or  (1)  (d)  of  section  five,  in  subdivision  (4)  of  tfoni  to'^^ertain 
section  ten,  in  paragraph  (2)  (6)  of  section  thirteen  or  in  members. 


762 


Acts,  1945.  — Chap.  658. 


Interest  to 
cease  to  accrue 
under  certain 
conditions. 


subdivision  (3)  of  section  twenty-five,  shall,  subject  to  the 
provisions  of  subdivision  (8)  of  section  three  and  to  the 
provisions  of  section  fifteen,  be  paid  in  one  sum  the  amount 
of  his  accumulated  total  deductions  within  sixty  days  after 
his  filing  with  the  board  on  a  prescribed  form  his  written 
request  therefor. 

(6)  If  any  member  entitled  to  a  return  of  his  accumulated 
total  deductions  as  provided  for  in  paragraph  (a)  of  this 
subdivision  has  failed  to  request  such  return  by  the  time 
interest  has  ceased  to  accrue  thereon  under  the  provisions  of 
paragraph  (6)  (d)  of  section  twenty-two  for  the  purpose  of 
determining  any  amount  available  to  him  upon  such  return, 
the  board  shall  notify  him  in  writing  of  the  amount  of  his 
accumulated  total  deductions,  of  the  fact  that  interest  has 
ceased  to  accrue  thereon  for  such  purpose  and  of  his  rights, 
if  any,  to  a  prospective  retirement  allowance  as  provided 
for  in  section  ten  in  case  he  is  not  paid  the  amount  of  his 
accumulated  total  deductions. 


Payment  of 
accumulated 
total   deduc- 
tions in  one 
sum  to 
beneficiary. 


Payment  to 
beneficiary 
under 
option  (6). 


Amounts  Due  Beneficiaries  of  Deceased  Members. 

(2)  (a)  Upon  receipt  by  the  board  of  proper  proof  of  the 
death  of  any  member  before  the  date  any  retirement  allow- 
ance becomes  effective  for  him  under  the  provisions  of  sec- 
tions one  to  twenty-eight  inclusive,  the  amount  of  any  ac- 
cumulated total  deductions  credited  to  his  account  in  the 
annuity  savings  fund  of  the  system  shall,  subject  to  the  pro- 
visions of  paragraph  (c)  of  this  subdivision  and  to  the  pro- 
visions of  section  fifteen,  be  paid  in  one  sum  to  his  surviving 
beneficiary  or  beneficiaries  entitled  thereto. 

(6)  Upon  receipt  by  the  board  of  proper  proof  of  the  death 
of  any  member  on  or  after  the  date  any  retirement  allow- 
ance payable  under  the  terms  of  option  (6)  of  subdivision 
(2)  of  section  twelve  becomes  effective  for  him  and  during 
the  continuance  of  such  allowance  and  while  there  is  any 
cash  refund  due  under  the  terms  of  such  option,  the  amount 
of  any  such  cash  refund  shall,  subject  to  the  provisions  of 
paragraph  (c)  of  this  subdivision  and  to  the  provisions  of 
section  fifteen,  be  paid  in  one  sum  to  his  surviving  benefici- 
ary or  beneficiaries  entitled  thereto.  Upon  receipt  by  the 
board  of  proper  proof  of  the  death  of  any  person  who  is 
receiving  payments  under  any  retirement  allowance  payable 
under  the  provisions  of  sections  one  to  twenty-eight  inclu- 
sive, any  pro  rata  payment  allowable  at  his  death  under 
the  provisions  of  subdivision  (1)  of  section  thirteen  and  not 
included  in  the  amount  of  any  cash  refund  payable  under 
the  terms  of  option  (b)  of  subdivision  (2)  of  section  twelve, 
shall  be  paid  to  his  surviving  beneficiary  or  beneficiaries,  or 
if  there  is  no  beneficiary  living,  then  to  the  person  or  persons 
appearing  in  the  judgment  of  the  board  to  be  entitled 
thereto,  and  such  payment  shall  constitute  a  legal  settle- 
ment of  all  claims  on  account  thereof  and  shall  bar  recovery 
thereof  by  any  other  person. 


Acts,  1945. —  Chap.  668.  763 

(c)  Any  member,  upon  his  written  notice  on  a  prescribed  Designation 
form  filed  with  the  board  prior  to  his  death,  may  nominate,  by  member. 
and  from  time  to  time  change,  one  or  more  beneficiaries  to 
receive  in  designated  proportions  any  sum  becoming  pay- 
able under  the  provisions  of  this  subdivision  on  his  death; 
provided,  that  any  such  beneficiary  nominated  by  a  minor 
shall  be  of  his  kindred.  The  payment  of  any  such  sum  or 
portion  thereof  to  his  beneficiary  or  beneficiaries  of  record 
surviving  at  his  death  shall  bar  the  recovery  of  such  pay- 
ment by  any  other  person.  If  there  is  no  beneficiary  of 
record  or  if  any  beneficiary  of  record  is  not  living  at  the 
death  of  such  member,  such  sum  or  the  amount  which  would 
have  been  paid  to  such  beneficiary  if  he  had  survived  such 
member,  as  the  case  may  be,  shall  be  paid  to  the  legal  rep- 
resentatives of  such  member;  provided,  that  if  any  such 
sum  or  amount  does  not  exceed  three  hundred  dollars,  and 
if  there  has  been  no  written  demand  upon  the  board  for 
payment  thereof  by  a  duly  appointed  executor  or  adminis- 
trator of  the  estate  of  such  member  and  the  board  has  not 
otherwise  been  informed  that  probate  proceedings  relative 
to  such  estate  have  been  commenced,  such  sum  or  amount 
may  be  paid  after  the  expiration  of  ninety  days  from  the 
date  of  death  of  such  member,  to  the  person  or  persons  ap- 
pearing in  the  judgment  of  the  board  to  be  entitled  thereto. 
The  payment  of  any  such  sum  or  amount  in  such  a  manner, 
or  to  the  natural  or  legal  guardian  or  conservator  of  a  minor 
or  incompetent  beneficiary,  shall  constitute  a  legal  settle- 
ment of  all  claims  on  account  thereof  to  the  extent  of  such 
payment  and  shall  bar  recovery  of  such  payment  by  any 
other  person. 

OPTIONS   ON   RETIREMENT. 

Election  of  Option. 

Section  12.  (1)  Any  member  who  is  retired  for  superan-  Member  to 
nuation  under  the  provisions  of  section  five  or  who  applies  fm\>&ymtnt. 
for  a  retirement  allowance  under  the  provisions  of  section 
ten,  may  elect  to  have  his  allowance  paid  in  accordance 
with  the  terms  of  any  one  of  the  three  options  specified  in 
subdivision  (2)  of  this  section.  Any  member  who  is  retired 
for  disability  under  the  provisions  of  section  six  or  seven 
or  who  is  retired  under  the  provisions  of  section  twenty-six, 
may  elect  to  have  his  allowance  paid  in  accordance  with  the 
terms  of  either  option  (a)  or  option  (&)  of  subdivision  (2)  of 
this  section.  Election  of  an  option  shall  be  made  by  such 
member  in  writing  on  a  prescribed  form  filed  with  the  board, 
and  once  made  may  be  changed  from  time  to  time  by  mak- 
ing a  new  election  in  a  similar  manner;  provided,  that  no 
election  of  an  option  shall  be  valid  unless  such  election  is 
filed  with  the  board  on  or  before  the  date  of  receipt  by  the 
board  of  the  written  application  for  the  retirement  of  such 
member  or  for  a  retirement  allowance  under  the  provisions 
of  section  ten,  as  the  case  may  be,  or  unless  such  election 


764 


Acts,  1945.  — Chap.  658. 


Payment  to 
cease  at  mem- 
ber's death 
under  certain 
conditions. 


Life  annuity. 


Cash  refund 
annuity. 


is  filed  with  the  board  not  more  than  fifteen  days  after  the 
date  of  receipt  by  the  board  of  the  written  appUcation  for 
the  retirement  of  such  member  in  case  such  application  is 
made  by  the  head  of  his  department,  or  unless  such  elec- 
tion is  filed  with  the  board  on  or  before  the  date  his  allow- 
ance becomes  effective.  Upon  receipt  of  such  election  by 
the  board,  the  option  elected  shall  take  effect  as  of  the  date 
the  retirement  allowance  of  such  member  becomes  effective; 
provided,  that  if  his  death  occurs  before  such  date  such  op- 
tion shall  not  take  effect  and  his  accumulated  total  deduc- 
tions, if  any,  shall  be  returned  as  provided  for  in  subdivi- 
sion (2)  of  section  eleven.  If  no  election  of  an  option  is 
made  or  if  none  is  in  effect  as  provided  for  in  this  section, 
the  retirement  allowance  of  such  member  shall  be  paid  in 
accordance  with  the  terms  of  option  (6)  of  subdivision  (2)  of 
this  section. 

Terms  of  Options. 

(2)  Any  retirement  allowance  paid  in  accordance  with 
the  terms  of  any  one  of  the  three  options  specified  in  this 
subdivision  shall  be  payable  during  the  lifetime  of  the  mem- 
ber to  whom  the  allowance  is  granted  and  shall  cease  upon 
his  death  except  as  otherwise  provided  for  in  the  option 
elected;  provided,  that  the  continuance  of  payments  dur- 
ing the  lifetime  of  such  member  and  the  amount  thereof 
shall  be  subject  to  the  provisions  of  sections  eight,  fourteen, 
fifteen  and  twenty-five. 

Option  (a),  Life  Annuity.  —  A  full  retirement  allowance 
payable  to  such  member  which  shall  consist  of  — 

(i)  A  regular  life  annuity,  the  yearly  amount  of  which 
shall  be  determined  so  that  the  value  of  such  annuity  on  the 
date  such  allowance  becomes  effective  shall  be  the  actuarial 
equivalent  of  the  value  of  his  accumulated  regular  deduc- 
tions, if  any,  on  such  date; 

(ii)  A  pension,  the  yearly  amount  of  which  shall  be  equal 
to  the  excess  of  the  normal  yearly  amount  of  the  retirement 
allowance  determined  in  accordance  with  the  provisions  of 
the  section  under  which  such  allowance  is  being  granted  to 
such  member  over  the  yearly  amount  of  the  regular  life 
annuity  specified  in  clause  (i)  of  this  option;   and 

(iii)  An  additional  life  annuity,  the  yearl}^  amount  of 
which  shall  be  determined  so  that  the  value  of  such  annuity 
on  the  date  such  allowance  becomes  effective  shall  be  the 
actuarial  equivalent  of  the  value  of  his  accumulated  addi- 
tional deductions,  if  any,  on  such  date. 

Option  (6),  Cash  Refund  Annuity.  —  A  lesser  retirement 
allowance  payable  to  such  member  which  shall  consist  of  — 

(i)  A  cash  refund  life  annuity,  the  yearly  amount  of 
which  shall  be  determined  so  that  the  value  of  such  annuity 
on  the  date  such  allowance  becomes  effective  shall  be  the 
actuarial  equivalent  of  the  value  of  his  accumulated  total 
deductions,  if  any,  on  such  date.  Such  cash  refund  life 
annuity  shall  provide  that,  if  such  member  dies  before  re- 


Acts,  1945.  —  Chap.  658.  765 

ceiving  in  annuity  payments  a  total  amount  equal  to  such 
value  of  such  accumulated  total  deductions,  the  excess  of 
such  value  over  such  total  amount  shall  be  paid  in  one  sum 
in  accordance  with  the  provisions  of  subdivision  (2)  of  sec- 
tion eleven  to  his  surviving  beneficiary  or  beneficiaries  en- 
titled thereto;  and 

(ii)  A  pension,  the  yearly  amount  of  which  shall  be  equal 
to  that  specified  in  clause  (ii)  of  option  (a)  of  this  subdivi- 
sion. 

Option  (c),  Joint  and  Last  Survivor  Allowance.  —  A  lesser  joint  and 
retirement  allowance  which  shall  be  payable  to  such  mem-  lu^owance^""^ 
ber  during  his  lifetmie,  with  the  provision  that  two  thirds 
of  the  yearly  amount  of  such  lesser  retirement  allowance 
shall  be  continued  during  the  lifetime  of  and  paid  to  such 
surviving  eligible  beneficiary  as  such  member  shall  have 
nominated  in  his  written  election  of  this  option.  The  yearly 
amount  of  such  lesser  retirement  allowance  shall  be  deter- 
mined so  that  the  value,  on  the  date  such  allowance  becomes 
effective,  of  the  prospective  payments  to  such  member  and 
to  such  eligible  beneficiary  shall  be  the  actuarial  equivalent 
of  the  value  on  such  date  of  the  full  retirement  allowance 
specified  in  option  (a)  of  this  subdivision.  Any  retirement 
allowance  payable  under  this  option  shall  be  divided  be- 
tween annuity  and  pension  in  the  same  proportion  as  the 
corresponding  full  retirement  allowance  specified  in  option 
(a)  of  this  subdivision  is  so  divided. 

Notification  by  Board. 

(3)  In  case  any  member  in  service  is  to  be  retired  at  the  Head  of 
maximum  age  for  his  group,  the  board  shall  notify  the  head  fnd^niember 
of  his  department  of  such  fact  in  writing  not  less  than  thirty  ^°  ^e  notified. 
days  nor  more  than  four  months  prior  to  the  date  such 
member  will  attain  such  maximum  age.     The  board  shall 
also  so  notify  any  member  whose  allowance  is  to  become 
effective  at  the  maximum  age  for  his  group  of  such  fact  and 
at  the  same  time  shall  furnish  him  with  a  brief  statement 
of  the  options  available  to  him,  together  with  a  statement 
of  the  conditions  under  which  an  option  may  be  elected. 

PAYMENT   OF   ALLOWANCES. 

Amounts,  Conditions  and  Intervals  of  Payments. 

Section  13.     (1)  (a)  Payments  under  any  annuity,  pen-  Payment  of 
sion  or  retirement  allowance  provided  for  under  this  chapter  f" effe*c^'  *'*°" 
and  in  effect  on  December  thirty-first,  nineteen  hundred  December  31, 
and  forty-five,  shall  continue  to  be  due  and  payable  in  the  tinue  asTJdi. 
same  amounts,  under  the  same  conditions  and  at  the  same 
intervals  of  time  as  were  in  effect  on  such  date. 

(b)  Pajonents  under  any  annuity,  pension  or  retirement  Payment  of 
allowance  provided  for  under  sections  one  to  twenty-eight  l^c^fni^^" 
inclusive  and   becoming  effective  after   December  thirty-  effective  after 
first,  nineteen  hundred  and  forty-five,  shall  be  due  and  1945!""  ^^^^' 


766 


Acts,  1945.  —  Chap.  658. 


payable  for  the  month  on  the  last  day  of  each  month  during 
the  continuance  of  such  annuity,  pension  or  retirement  al- 
lowance, as  tlie  case  may  be.  The  yearly  amount  of  any 
suci)  annuity,  pension  or  retirement  allowance  shall  be  com- 
puted to  the  nearest  cent  which  makes  such  amount  an  in- 
tegral multiple  of  twelve  cents.  The  amount  of  each  full 
monthly  payment  shall  be  one  twelfth  of  the  corresponding 
yearly  amount  and  the  first  such  full  payment  shall  be  due 
and  payable  on  the  last  day  of  the  month  following  the 
month  in  which  falls  the  date  as  of  which  such  annuity, 
pension  or  retirement  allowance  becomes  effective.  If 
such  effective  date  is  a  day  other  than  the  last  day  of  the 
moi]th  in  which  it  falls,  a  pro  rata  payment  shall  be  allowed 
for  the  period  following  such  date  and  ending  with  such 
last  day.  No  payment  under  any  such  annuity,  pension  or 
retirement  allowance  shall  be  made  for  any  period  prior  to 
the  day  next  following  the  date  for  which  such  member  last 
received  regular  compensation  for  his  employment  in  the 
public  service.  Except  as  otherwise  specifically  provided 
for  in  sections  one  to  twenty-eight  inclusive,  monthly  pay- 
ments shall  be  made  during  the  lifetime  of  the  person  upon 
the  continuance  of  whose  life  the  payments  depend  and 
shall  cease  with  the  last  full  monthly  payment  due  prior  to 
the  death  of  such  person;  provided,  that  a  pro  rata  pay- 
ment shall  be  allowed  for  that  portion  of  the  month  in  which 
such  death  occurs  which  has  elapsed  up  to  and  including 
the  date  of  death. 


Certain  allow- 
ances to  be 
paid  in  one 
sum. 


Settlement  of  Small  Allowances  in  One  Sum. 

(2)  (a)  Any  member  otherwise  entitled  to  receive  a  re- 
tirement allowance  under  the  provisions  of  sections  one  to 
twenty-eight  inclusive,  the  normal  yearly  amount  of  which 
would  be  less  than  one  hundred  and  twenty  dollars,  shall,  in 
lieu  of  receiving  such  allowance,  be  paid  the  amount  of  his 
accumulated  total  deductions  as  of  the  date  such  allowance 
would  otherwise  become  effective. 

(6)  Any  member  otherwise  entitled  to  receive  a  retirement 
allowance  under  the  provisions  of  sections  one  to  twenty- 
eight  inclusive,  the  normal  yearly  amount  of  which  would  be 
less  than  two  hundred  and  forty  dollars  but  not  less  than  one 
hundred  and  twenty  dollars,  shall,  in  lieu  of  receiving  such 
allowance,  be  paid  the  amount  of  his  accumulated  total  de- 
ductions as  of  the  date  such  allowance  would  otherwise  be- 
come effective  if  his  written  request  therefor  as  provided  for 
in  subdivision  (1)  of  section  eleven  is  filed  with  the  board 
on  a  prescribed  form  prior  to  the  date  the  first  payment  of 
such  allowance  would  otherwise  become  due. 

(c)  Nothing  herein  shall  entitle  any  member  who  is  paid 
the  amount  of  his  accumulated  total  deductions  under  the 
provisions  of  this  subdivision  to  remain  in  service. 


Acts,  1945.  —  Chap.  658.  767 

EFFECT   OF   WORKMEN'S    COMPENSATION   BENEFITS. 

Retention  of  Rights  of  a  Member  in  Service. 

Section  14-    (1)  (a)  Any  employee  who  was  a  member  in  Rights  as  a 
service  at  the  time  of  sustaining  an  injury  or  undergoing  a  ^r^ce  no't 
hazard  on  account  of  which  he  becomes  entitled  to  payments  affected  by 
under  the  provisions  of  chapter  one  hundred  and  fifty-two,  compensation 
shall,  during  the  period  while  he  is  receiving  weekly  pay-  ^«°«^'*^- 
ments  for  total  incapacity  under  the  provisions  of  sections 
sixty-nine  to  seventy-five  inclusive  of  such  chapter,  or  dur- 
ing any  period,  determined  as  set  forth  in  paragraph  (c)  of 
this  subdivision,  represented  by  the  allocation  of  the  amount 
of  any  lump  sum  settlement  payable  directly  to  him  under 
the  provisions  of  section  forty-eight  of  such  chapter  in  lieu 
of  such  weekly  payments,  and  also  in  either  event  during  a 
further  period  of  thirty  days,  retain  all  the  rights  of  a  mem-  Payment  into 
ber  in  service  while  he  is  living,  unless  and  until  a  retirement  f'und  not^'''""^'' 
allowance  becomes  effective  for  him  under  the  provisions  of  required. 
sections  one  to  twenty-eight  inclusive.    During  such  periods,  ^c'umXted''^ 
however,  no  such  member  shall  make  any  payments  into  the  total     ^ 
annuity  savings  fund  of  the  system  nor  shall  he  withdraw  his  proMbit^ed. 
accumulated  total  deductions  therefrom, 

(6)  If  such  member  attains  the  maximum  age  for  his  group  Retirement  for 
during  any  such  period  he  shall  be  retired  for  superannuation  trom'"'"'"'^''' 
in  the  same  manner  as  if  he  were  actually  in  service;  pro- 
vided, that  if  prior  to  his  attaining  such  maximum  age  there 
has  been  filed  with  the  board  an  application  for  his  retire- 
ment for  accidental  disability,  his  rights  to  such  retirement, 
if  any,  shall  not  expire  or  be  abridged  by  the  attainment  of 
such  maximum  age  while  action  on  such  application  is 
pending. 

(c)  Whenever  such  member  receives  an  amount  of  lump  computation 
sum  settlement  payable  directly  to  him  under  the  provisions  risen te°d' by'' 
of  section  forty-eight  of  chapter  one  hundred  and  fifty-two  payment  of 
in  lieu  of  weekly  payments,  the  period  represented  thereby  bei^e'fits^'' '°° 
shall,  for  the  purpose  of  this  section,  be  computed  to  begin 
on  the  date  for  which  he  last  received  regular  compensation 
prior  to  such  settlement,  or  on  the  date  of  the  last  compen- 
sation payment  in  case  weekly  payments  had  previously 
been  made  under  the  provisions  of  sections  sixty-nine  to 
seventy-five  inclusive  of  such  chapter,  and  to  continue  dur- 
ing a  number  of  weeks  equal  to  the  quotient  of  the  amount 
of  such  lump  sum  settlement  divided  by  the  amount  of  the 
maximum  weekly  compensation  which  would  otherwise  be 
payable  to  him  under  the  provisions  of  such  sections.    Any 
fraction  of  a  week  resulting  from  such  division  shall  be  taken 
as  a  full  week. 

Workmen's  Compensation  Benefits  Offset 

(2)  (a)  All  sums  of  money,  except  funeral  expenses,  pay-  certain  com- 
able  under  the  provisions  of  chapter  one  hundred  and  fifty-  Etrto*affeot^°^ 
two  directly  to  a  retired  member  or  to  the  legal  representa-  pensioM. 


768 


Acts,  1945.  — Chap.  658. 


Pension  pay- 
ments to  stop 
under  certain 
conditions. 


Suspension 
of  payments 
by  board. 


tive  or  dependents  of  a  deceased  member  on  account  of  his 
death,  including  so  much  of  the  amount  of  any  lump  sum 
settlement  payable  directly  to  any  such  person  as  is  allocable 
to  the  period  following  the  retirement  or  death  of  such  mem- 
ber, but  excluding  any  payments  for  or  amounts  allocable  to 
any  period  prior  to  the  date  his  retirement  allowance  became 
effective,  shall  be  offset  against  and  payable  in  lieu  of  any 
pension  payable  on  his  account  under  the  provisions  of  sec- 
tions one  to  twenty-eight  inclusive,  but  not  against  his  accu- 
mulated total  deductions  or  any  annuity  derived  therefrom. 
Whenever  the  amount  of  any  such  lump  sum  settlement  is 
payable  directly  to  a  beneficiary,  the  period  over  which  it  is 
allocable  for  purposes  of  this  section  shall  be  determined  by 
the  actuary  in  a  manner  which  is  consistent  with  that  set 
forth  in  paragraph  (1)  (c)  of  this  section.  If  any  such  pen- 
sion exceeds  the  compensation  payable  on  account  of  such 
member  under  the  provisions  of  chapter  one  hundred  and 
fifty-two  when  both  are  reduced  to  the  same  periodical  basis, 
the  excess  only  shall  be  paid  as  a  pension  so  long  as  such  com- 
pensation continues.  If  any  such  pension  is  less  than  or 
equal  to  such  compensation,  no  pension  shall  be  paid  so  long 
as  such  compensation  continues  to  be  equal  to  or  greater 
than  such  pension. 

(6)  In  all  cases  where  a  member  or  a  beneficiary  receives 
delayed  compensation  payments  or  an  amount  of  any  lump 
sum  settlement  payable  directly  to  him  under  the  provisions 
of  chapter  one  hundred  and  fifty-two  subsequent  to  his  re- 
ceipt of  payments  under  any  pension  granted  under  the  pro- 
visions of  sections  one  to  twenty-eight  inclusive,  no  further 
pension  payments  shall  be  made  unless  and  until  such  time 
as  the  total  amounts  which  by  then  would  have  been  pay- 
able as  compensation  and  pension  together  as  set  forth  in 
paragraph  (a)  of  this  subdivision,  if  there  had  been  no  delay 
in  making  such  compensation  payments,  shall  exceed  the 
total  amounts  of  compensation  and  pension  actually  paid  by 
then  after  due  allowance  in  either  case  for  the  allocation  of 
any  such  lump  sum  settlement. 

(c)  If  a  member  or  a  beneficiary  entitled  to  a  pension 
under  the  provisions  of  sections  one  to  twenty-eight  inclu- 
sive, and  also  having  a  right  to  compensation  under  the  pro- 
visions of  chapter  one  hundred  and  fifty-two  on  account  of 
the  injury  or  death  of  such  member,  as  the  case  may  be, 
neglects  or  fails  to  prosecute  fully  such  right  or  to  co-operate 
with  the  board  in  its  prosecution  thereof,  as  provided  for  by 
the  provisions  of  section  seventy-three  of  such  chapter,  the 
board  may,  during  the  period  of  such  neglect  or  failure,  sus- 
pend such  member's  or  beneficiary's  right  to  further  pay- 
ments under  the  provisions  of  sections  one  to  twenty-eight 
inclusive.  Under  the  circumstances  set  forth  in  the  said  sec- 
tion seventy-three,  the  duty  of  the  board  to  prosecute  shall 
be  mandatory. 


Acts,  1945.  —  Chap.  658.  769 

DERELICTION   OF   DUTY   BY   MEMBERS, 

Misappropriation  of  Funds. 

Section  15.  (1)  Any  member  who  has  been  charged  with  Board  to 
the  misappropriation  of  funds  or  property  of  any  govern-  heaHng* 
mental  unit  in  which  or  by  which  he  is  employed  or  was 
employed  at  the  time  of  his  retirement  or  termination  of 
service,  as  the  case  may  be,  or  of  any  system  of  which  he  is 
a  member,  and  who  files  a  written  request  therefor  shall  be 
granted  a  hearing  by  the  board  in  accordance  with  the  pro- 
cedure set  forth  in  subdivision  (1)  of  section  sixteen.  If  the  Forfeiture. 
board  after  the  hearing  finds  the  charges  to  be  true,  such 
member  shall  forfeit  all  rights  under  sections  one  to  twenty- 
eight  inclusive  to  a  retirement  allowance  or  to  a  return  of 
his  accumulated  total  deductions  for  himself  and  for  his 
beneficiary,  or  to  both,  to  the  extent  of  the  amount  so  found 
to  be  misappropriated  and  to  the  extent  of  the  costs  of  the 
investigation,  if  any,  as  found  by  the  board.  He  shall  there- 
upon cease  to  be  a  member,  except  upon  such  terms  and 
conditions  as  the  board  may  determine. 

Initiation  of  Proceedings. 

(2)  Proceedings  under  this  section  may  be  initiated  by  Procedure. 
the  board,  by  the  head  of  the  department  or  by  the  commis- 
sion or  board  of  the  commonwealth  or  of  any  political  sub- 
division thereof  wherein  the  member  is  employed  or  was 

last  employed  if  not  then  in  service,  or  in  a  county  by  the 
count j^  commissioners,  in  a  city  by  the  mayor  or  in  a  town 
by  the  board  of  selectmen.  The  procedure  set  forth  in  sub- 
division (1)  of  section  sixteen  relative  to  delivery  of  copies, 
statement  of  service  thereof,  notice,  hearing  if  requested, 
and  the  filing  of  a  certificate  of  findings  and  decision,  so  far 
as  applicable,  shall  apply  to  any  proceedings  under  this 
section. 

Forfeiture  of  Rights  upon  Conviction. 

(3)  In  no  event  shall  any  member  after  final  conviction  Restitution  of 
of  an  offense  involving  the  funds  or  property  of  a  govern-  S'fSnX'' 
mental  unit  or  system  referred  to  in  subdivision  (1)  of  this 

section,  be  entitled  to  receive  a  retirement  allowance  or  a 
return  of  his  accumulated  total  deductions  under  the  provi- 
sions of  sections  one  to  twenty-eight  inclusive,  nor  shall  any 
beneficiary  be  entitled  to  receive  any  benefits  under  such 
provisions  on  account  of  such  member,  unless  and  until  full 
restitution  for  any  such  misappropriation  has  been  made. 


INVOLUNTARY   RETIREMENT,   RIGHT  TO   A   HEARING,   RIGHT  OF 
REVIEW    OR   APPEAL. 

Involuntary  Retirement  and  Right  to  a  Hearing. 

Section  16.     (1)  (a)  Any  head  of  a  department  who  is  of  f^/;Pe?frement 
the  opinion  that  any  member  employed  therein  should  be  filed  by  head 

of  department. 


770 


Acts,  1945.  — Chap.  658. 


Right  to 
hearing  for 
certain 
members. 


Amount  of 
allowance,  if 
retired. 


Reinstatement 
of  certain 
members. 


retired  for  superannuation,  ordinary  disability  or  accidental 
disability,  in  accordance  with  the  provisions  of  section  five, 
six,  or  seven,  as  the  case  may  be,  may  file  with  the  board  on 
a  prescribed  form  a  written  application  for  such  retirement. 
Such  application  shall  include  a  fair  summary  of  the  facts 
upon  which  such  opinion  is  premised.  The  applicant  shall 
forthwith  deHver  to  such  member  by  registered  mail,  with  a 
return  receipt  requested,  a  true  copy  of  such  application, 
together  with  a  brief  statement  of  the  options  available  to 
such  member  on  his  retirement  and  a  statement  of  his  right, 
if  any,  to  request  a  hearing  with  regard  to  such  retirement 
and  of  the  right,  if  any,  of  review  available  to  him,  as  pro- 
vided for  in  this  section,  in  case  he  is  aggrieved  by  any 
action  taken  or  decision  of  the  board  rendered  or  by  failure 
of  the  board  to  act  upon  his  request  or  to  render  a  decision 
within  the  time  specified  in  this  subdivision.  Upon  such  de- 
livery to  such  member  the  head  of  the  department,  or  one 
acting  in  his  behalf,  shall  file  with  the  board  under  the  pen- 
alties of  perjury  a  written  notice  of  such  deHvery,  including 
the  date  thereof. 

(6)  Any  member  in  service  classified  in  either  Group  A 
or  Group  B  who  has  attained  age  fifty-five  and  completed 
fifteen  or  more  years  of  creditable  service,  or  any  member  in 
service  so  classified  who  has  not  attained  age  fifty-five  but 
who  has  completed  twenty  or  more  years  of  creditable  serv- 
ice, for  whom  an  application  for  his  retirement  is  filed  by  the 
head  of  his  department  as  provided  for  in  paragraph  (a)  of 
this  subdivision,  may,  within  fifteen  days  of  the  receipt  of 
his  copy  of  such  application,  file  with  the  board  a  written 
request  for  a  private  or  public  hearing  upon  such  applica- 
tion. If  no  such  request  is  so  filed,  the  facts  set  forth  in  such 
application  shall  be  deemed  to  be  admitted  by  such  member; 
otherwise  such  hearing  shall  be  held  not  less  than  ten  nor 
more  than  thirty  days  after  the  filing  of  the  request.  The 
board,  after  giving  due  notice,  shall  conduct  such  hearing  in 
such  manner  and  at  such  time  or  times  as  the  best  interests 
of  all  parties  concerned  may  require.  The  board  shall  pre- 
pare and  file  with  its  clerk  or  secretary  a  certificate  contain- 
ing its  findings  and  decision,  copies  of  which  shall  be  sent 
to  the  proper  parties  within  fifteen  days  after  completion  of 
such  hearing. 

(c)  If  the  board  finds  that  any  member  should  be  retired 
under  the  provisions  of  this  subdivision,  he  shall  receive  the 
same  retirement  allowance  as  he  would  have  received  had 
the  application  been  made  by  himself.  If  the  board  finds 
that  such  member  should  not  be  retired,  he  shall  continue 
in  his  office  or  position  without  loss  of  compensation,  sub- 
ject to  the  provisions  of  sections  one  to  twenty-eight  inclu- 
sive, as  though  no  such  application  had  been  made. 


Acts,  1945.  — Chap.  658.  771 

Right  to  a  Hearing  upon  Removal  or  Discharge. 

(2)  The  removal  or  discharge  of  any  member  in  service  Rights  of  cer- 
classified  in  either  Group  A  or  Group  B  who  has  attained  rcmoveTw'^^ 
age  fifty-five  and  completed  fifteen  or  more  years  of  credit-  discharged. 
able  service,  or  of  any  member  in  service  so  classified  who 

has  not  attained  age  fifty-five  but  who  has  completed  twenty 
or  more  years  of  creditable  service,  shall  not  become  effec- 
tive unless  and  until  a  written  notice  thereof  containing  a 
fair  summary  of  the  facts  upon  which  such  action  was  based 
has  been  filed  with  the  board.    The  procedure  set  forth  in  Right  of 
subdivision  (1)  of  this  section  relative  to  delivery  of  copies,  ^pp«*'- 
statement  of  service  thereof,  notice,  hearing  if  requested,  and 
the  filing  of  a  certificate  of  findings  and  decision,  so  far  as  certificate  of 
applicable,  shall  apply  to  all  proceedings  involving  such  re-  deds^fn.^"'' 
moval  or  discha,rge.    Unless  the  board  shall  find  that  such 
removal  or  discharge  was  justified,  such  member  shall  forth- 
with be  restored  to  his  office  or  position  without  loss  of  com- 
pensation. 

Right  of  Review  by  District  Court. 

(3)  (a)  Any   member   classified   in    either   Group   A   or  Right  of  review 
Group  B  who  has  attained  age  fifty-five  and  completed  fif-  c^urttn'certain 
teen  or  more  years  of  creditable  service,  or  any  member  so  cases. 
classified  who  has  not  attained  age  fifty-five  but  who  has 
completed  twenty  or  more  years  of  creditable  service,  and 

who  is  aggrieved  by  any  action  taken  or  decision  of  a  board 
rendered  with  reference  to  his  involuntary  retirement  under 
the  provisions  of  subdivision  (1)  of  this  section  or  to  his  re- 
moval or  discharge  as  set  forth  in  subdivision  (2)  of  this 
section,  or  any  member  who  is  aggrieved  by  any  action  taken 
or  decision  of  a  board  rendered  with  reference  to  his  derelic- 
tion of  duty  as  set  forth  in  section  fifteen,  may,  within  thirty 
days  after  the  certification  of  the  decision  of  the  board,  bring 
a  petition  in  the  district  court  within  the  territorial  juris- 
diction in  which  he  resides  praying  that  such  action  and  de- 
cision be  reviewed  by  the  court.  After  such  notice  as  the 
court  deems  necessary,  it  shall  review  such  action  and  deci- 
sion, hear  any  and  all  evidence  and  determine  whether  such 
action  was  justified.  If  the  court  finds  that  such  action  was 
justified,  the  decision  of  the  board  shall  be  affirmed;  other- 
wise it  shall  be  reversed  and  of  no  effect.  If  the  court  finds 
that  such  member  was  unjustifiably  retired,  removed  or  dis- 
charged from  his  office  or  position  he  shall  be  reinstated 
thereto  without  loss  of  compensation.  The  decision  of  the 
court  shall  be  final. 

(6)  Any  member  whose  office  or  position  is  subject  to  Retention  of 
chapter  thirty-one  or  to  the  rules  and  regulations  made  un-  by  me^nlblrs^ 
der  authority  thereof,  who  is  aggrieved  by  any  action  taken  subject  to 
or  decision  of  a  board  rendered  as  described  in  paragraph  (a)  '^  ^^^^"^ 
of  this  subdivision  shall,  for  the  purposes  of  sections  one  to 
twenty-eight  inclusive,  have  and  retain  such  of  the  rights 
provided  by  sections  forty-two  A,  forty- two  B,  forty-three 
and  forty-five  of  chapter  thirty-one  as  applied  to  his  par- 


772 


Acts,  1945.  —  Chap.  658. 


Conlriljutory 
rptireniont 
appeal  board. 


Jurisdiction. 


Procedure. 


ticular  office  or  position,  and  the  court  shall,  in  addition  to 
the  matters  it  is  required  to  review  under  such  sections  of 
chapter  thirty-one,  affirm  or  disaffirm  the  decision  of  the 
board  as  provided  for  in  paragraph  (a)  of  this  subdivision. 

Right  of  Appeal  to  Contributory  Retirement  Appeal  Board. 

(4)  There  shall  be  an  unpaid  contributory  retirement  ap- 
peal board  which  shall  consist  of  three  members  as  follows: 
the  director  of  the  division  of  accounts  or  an  assistant  who 
shall  be  designated  in  writing  from  time  to  time  by  the 
commissioner  of  corporations  and  taxation,  the  commissioner 
of  insurance  or  an  assistant  who  shall  be  designated  in  writ- 
ing from  time  to  time  by  said  commissioner,  and  an  assistant 
attorney  general  who  shall  be  designated  in  writing  from 
time  to  time  by  the  attorney  general.  On  matters  other 
than  those  subject  to  review  by  the  district  court  as  pro- 
vided for  in  subdivision  (3)  of  this  section,  or  other  than 
those  which  would  have  been  subject  to  such  review  had  the 
requirement  for  the  minimum  period  of  creditable  service 
been  fulfilled,  any  person  aggrieved  by  any  action  taken  or 
decision  of  a  board  rendered,  or  by  the  failure  of  a  board  to 
act,  may  appeal  to  the  contributory  retirement  appeal  board 
by  filing  therewith  a  claim  in  writing  within  fifteen  days  of 
such  action  or  decision  of  the  board,  or  may  so  appeal  within 
fifteen  days  after  the  expiration  of  the  time  specified  in  sec- 
tions one  to  twenty-eight  inclusive,  within  which  a  board 
must  act  upon  a  written  request  thereto,  or  within  fifteen 
days  after  the  expiration  of  one  month  following  the  date 
of  filing  a  written  request  with  the  board  if  no  time  for  action 
thereon  is  specified,  in  case  the  board  failed  to  act  thereon 
within  the  time  specified  or  within  one  month,  as  the  case 
may  be.  The  contributory  retirement  appeal  board,  after 
giving  due  notice,  shall  hold  a  hearing  not  less  than  ten  nor 
more  than  sixty  days  after  the  filing  of  any  such  claim  of 
appeal.  The  contributory  retirement  appeal  board  shall 
pass  upon  the  appeal,  and  its  decision  shall  be  final  and 
binding  upon  the  board  involved  and  upon  all  other  parties 
in  interest,  and  shall  be  complied  with  by  such  board  and  by 
such  parties. 


Provisions  not 
applicable  to 
certain 
members. 


Provisions  not  Applicable  to  Certain  Members. 

(5)  The  provisions  of  this  section  relative  to  the  right  of 
any  member  to  a  hearing  or  to  the  right  of  review  by  the 
district  court  shall  not  apply  in  the  case  of  the  removal  or 
discharge  of  any  state  official  or  of  any  official  of  any  politi- 
cal subdivision  of  the  commonwealth  for  which  provision 
is  otherwise  made  in  any  general  or  special  law,  anything 
in  this  section  to  the  contrary  notwithstanding.  Nothing 
contained  in  this  section  shall  be  construed  to  impair  any 
right  of  any  teacher  under  the  applicable  provisions  of  chap- 
ter seventy-one.  The  provisions  of  this  section  shall  not  ap- 
ply to  any  member  classified  in  Group  C. 


Acts,  1945.  —  Chap.  658.  773 


ACTION   ON    BEHALF   OF   INCOMPETENT   MEMBERS. 

Section  17.    Any  option,  election  or  right  existing  in  any  incompetent 

1  t-'j  rJTi-  !_•      members. 

member  may  be  exercised  or  eniorced,  it  sucii  member  is 
incompetent  or  for  any  other  reason  is  unable  to  exercise 
or  enforce  the  same  himself,  by  the  spouse  of  such  member 
if  they  are  living  together  at  the  time  any  such  action  is 
instituted,  or  if  there  is  no  such  spouse  then  by  his  guardian 
or  conservator,  or  if  there  is  no  such  spouse,  guardian  or 
conservator  then  by  any  other  person  found  by  the  board 
to  be  acting  in  behalf  of  and  for  the  best  interests  of  such 
member. 


FILING    OF    STATEMENTS    AND    PROTECTION    AGAINST     FRAUD. 

Filing  of  Statements  and  Penalties  for  Failure  to  File. 

Section  18.     (1)  Any    member    upon    request    from    the  Filing  of 
board  shall  file  with  it  such  written  statement  or  certified  ments"or 
record  or  copy  thereof  as  shall  be  required  by  the  provisions  n^je^bers^ 
of  sections  one  to  twenty-eight  inclusive,  or  by  rules  and 
regulations  of  the  board  consistent  with  law.     If  the  board 
is  satisfied  that  there  has  been  unreasonable  delay  in  the 
filing  of  any  such  required  statement  or  record,  it  shall  so 
notify  in  writing  such  member  and  the  head  of  his  depart- 
ment.    If  within  thirty  days  thereafter  the  board  has  not 
received   such   required   statement   or   record,   it   shall   so 
notify  in  writing  the  head  of  such  department  and  the 
treasurer  of  the  governmental  unit  in  which  such  member 
is  employed.     Upon  the  receipt  of  such  latter  notice  by  the  Penalty  for 


head  of  his  department,  such  member  shall  be  suspended 
from  service  without  compensation  and  such  suspension 
shall  remain  in  force  until  such  required  statement  or  record 
is  so  filed;  provided,  that  in  the  case  of  any  member  subject 
to  the  provisions  of  chapter  thirty-one,  the  pertinent  pro- 
visions of  sections  forty-two  A,  forty-two  B,  forty-three  and 
forty-five  thereof  shall  apply.  Any  member  attaining  the 
maximum  age  for  his  group  during  a  period  of  suspension 
as  above  set  forth  shall  be  retired  for  superannuation  but 
shall  receive  no  retirement  allowance  until  he  has  complied 
with  the  request  of  the  board.  No  member  shall  be  entitled 
to  voluntary  retirement  or  to  a  return  of  his  accumulated 
total  deductions  during  the  period  of  any  such  suspension. 

Protection  against  Fraud. 

(2)  Every  certified  statement  required  by  sections  one  to  Certain  state- 
twenty-eight  inclusive,  or  by  rules  and  regulations  of  the  made^nder 
board  consistent  with  law,  shall  contain  such  information  ^el^ury'^"^ 
as  the  board  may  reasonably  require  and  shall  be  verified 
by  written  declaration  that  it  is  made  under  the  penalties  of 
perjury.     Any  person  who  shall  knowingly  make  any  false  Penalty 
statement  or  shall  falsify  or  permit  to  be  falsified  any  record 
or  records  of  the  system,  with  intent  to  defraud  such  sys- 


774 


Acts,  1945.  —  Chap.  658. 


tern  as  a  result  of  such  act,  shall,  in  addition  to  all  other 
penalties  to  which  he  may  be  subject  by  law,  be  punished 
as  provided  for  in  section  twenty-four.  If  any  error  in  the 
records  of  such  system  caused  by  any  such  wrongful  act 
results  in  the  receipt  from  such  system  by  any  member  or 
beneficiary  of  more  or  less  than  he  would  have  been  entitled 
to  receive  had  the  records  been  correct,  payments  shall,  as 
far  as  practicable,  be  adjusted  in  such  manner  that  the 
actuarial  equivalent  of  the  benefit  to  which  he  was  correctly 
entitled  shall  be  paid. 


Funds  invested 
in  personal 
property 
exempt  from 
taxation. 
Regular  deduc- 
tions exempt 
from  taxation 
including  state 
income  tax 
and  attach- 
ment. 


Certain 
funds  exempt 
from  state 
inheritance  tax. 


Rights  in  funds 
not  assignable 
except  in 
certain  cases. 


EXEMPTION    FROM   TAXATION,    ATTACHMENTS   AND 

ASSIGNMENTS. 

Section  19.  The  funds  of  each  system  established  under 
the  provisions  of  sections  one  to  twenty-eight  inclusive,  so 
far  as  they  are  invested  in  personal  property,  shall  be  exempt 
from  taxation.  That  portion  of  the  regular  compensation  of 
any  member  withheld  as  regular  deductions  under  the  pro- 
visions of  sections  one  to  twenty-eight  inclusive,  the  rights 
of  a  member  to  an  annuity,  pension  or  retirement  allowance, 
such  annuity,  pension  or  retirement  allowance  itself,  and  all 
his  rights  in  the  funds  of  any  system  established  under  the 
provisions  of  such  sections,  shall  be  exempt  from  taxation, 
including  income  taxes  levied  under  the  provisions  of  chap- 
ter sixty-two,  and  from  the  operation  of  any  law  relating 
to  bankruptcy  or  insolvency  and  shall  not  be  attached  or 
taken  upon  execution  or  other  process.  That  portion  of  the 
estate  of  any  deceased  member  consisting  of  any  sum  or 
sums  received  from  any  system  under  the  provisions  of  sec- 
tions one  to  twenty-eight  inclusive  shall  not  be  included  in 
computing  any  legacy  or  succession  tax  under  the  provi- 
sions of  chapter  sixty-five.  No  assignment  of  any  rights  in 
or  to  any  funds,  annuities,  pensions  or  retirement  allowances 
under  any  system  shall  be  valid  except  such  assignment  as 
may  be  made  for  the  purpose  of  making  restitution  in  the 
case  of  dereliction  of  duty  by  any  member  as  set  forth  in 
section  fifteen. 


state  employ- 
ees' retirement 
system. 


Management. 


ADMINISTRATION    BY    BOARDS. 

State  Employees'  Retirement  System. 

Section  20.  (1)  (a)  The  contributory  retirement  system 
for  state  employees  shall  be  known  as  the  "state  employees' 
retirement  system"  and  all  of  its  business  shall  be  trans- 
acted under  such  name. 

(6)  The  state  employees'  retirement  system  shall  be  man- 
aged by  the  state  board  of  retirement  provided  for  in  sec- 
tion eighteen  of  chapter  ten.  Said  board  shall  have  the 
general  powers  and  duties  set  forth  in  subdivision  (5)  of 
this  section. 


Acts,  1945.  —  Chap.  658.  775 


Teachers'  Retirement  System. 
(2)  (a)  The  contributory  retirement  system  for  teachers  Teachers- 

'  '  '  "  '    retireme   ' 

system. 


shall  be  known  as  the  "teachers'  retirement  system"  and  '■''^"■ement 


all  of  its  business  shall  be  transacted  under  such  name. 

(6)  The  teachers'  retirement  system  shall  be  managed  by  Management. 
the  teachers'  retirement  board  provided  for  in  section  six- 
teen of  chapter  fifteen.    Such  board  shall  have  the  general 
powers  and  duties  set  forth  in  subdivision  (5)  of  this  section. 

(c)  Whenever,  after  July  first,  nineteen  hundred  and  ^l^b^y^^" 
fourteen,  any  city  or  town  retires  a  teacher  who  is  not  comnionweaith 
eligible  for  a  pension  under  the  provisions  of  sections  one  to  townsTn^c^r- 
twenty-eight  inclusive,  or  under  corresponding  provisions  reUremems'^ 
of  earlier  laws,  and  pays  to  such  teacher  a  pension  in  accord- 
ance with  the  provisions  of  section  forty-three,  or  chapter 
five  hundred  and  eighty-nine  of  the  acts  of  nineteen  hundred 
and  eight  and  acts  in  amendment  thereof,  or  chapter  five 
hundred  and  twenty-one  of  the  acts  of  nineteen  hundred 
and  twenty-two  and  acts  in  amendment  thereof,  and  the 
chairman  or  secretary  of  the  school  committee  of  such  city 
or  town,  or  the  chairman  or  executive  oflacer  of  the  retire- 
ment board  of  the  Boston  retirement  system  established  by 
said  chapter  five  hundred  and  twenty-one,  certifies  under 
oath  to  the  teachers'  retirement  board  the  amount  of  such 
pension  paid  during  any  period  prior  to  the  immediately 
preceding  July  first  for  which  reimbursement  has  not  been 
made  and  furnishes  such  other  information  as  the  latter 
board  may  require,  such  city  or  town  shall  be  reimbursed 
therefor  by  the  commonwealth;  provided,  that  no  such 
reimbursement  shall  be  granted  unless  such  retirement  has 
been  approved  by  the  latter  board;  and  provided,  that  the 
amount  of  such  reimbursement  shall  in  no  event  be  in  excess 
of  the  amount,  as  determined  by  the  latter  board,  to  which 
such  teacher  would  have  been  entitled  as  a  pension  had  he 
been  a  member  of  the  teachers'  retirement  system.  In  its 
annual  report  the  teachers'  retirement  board  shall  include  a 
statement  of  the  amount  expended  prior  to  the  immediately 
preceding  July  first  by  each  city  and  town  in  the  payment 
of  pensions  under  this  paragraph,  for  which  such  cities  and 
towns  have  not  received  and  should  receive  reunbursement. 
On  the  basis  of  such  statement,  the  general  court  may  make 
an  appropriation  for  the  reimbursement  of  such  cities  and 
towns  up  to  such  preceding  July  first. 

Systems  for  Counties. 
(3)  (a)  The  contributory  retirement  system  established  Designation 

,  j,r  ••  <•  ,•  .,  ,oi  name  of 

m  any  county  under  the  provisions  oi  sections  one  to  twenty-  county  system. 
eight  inclusive,  or  under  corresponding  provisions  of  earlier 
laws,  shall  be  known  and  all  of  its  business  shall  be  trans- 
acted under  a  name  which  shall  be  designated  by  the  board 
of  such  system  and  which  shall  include  in  its  designation  the 
name  of  such  county. 


776  Acts,  1945.  — Chap.  658. 

Management.  (5)  Eacli  siich  couiity  systcm  shall  be  managed  by  a  re- 
tirement board  which  shall  have  the  general  powers  and 
duties  set  forth  in  subdivision  (5)  of  this  section.  Such 
board  shall  consist  of  three  members  as  follows :  the  county 
treasurer  who  shall  be  a  member  ex  officio,  a  second  member 
who  shall  be  elected  by  the  members  in  service  of  such  sys- 
tem from  among  their  number  in  such  manner  and  for  such 
term,  not  exceeding  three  years,  as  the  county  commis- 
sioners shall  determine,  and  a  third  member  who  shall  be 
chosen  by  the  other  two  for  a  term  of  three  years.  Future 
elections  of  the  second  member  shall  be  held  under  the 
supervision  of  such  retirement  board  and  the  term  of  the 
second  member  shall  be  so  arranged  as  not  to  expire  in  the 
year  of  expiration  of  the  term  of  the  third  member.  If  a 
third  member  is  not  chosen  by  the  other  two  members 
within  thirty  days  after  the  expiration  of  the  term  of  the 
third  member,  the  county  commissioners  shall  appoint  a 
third  member  for  a  term  of  three  years.  Each  member  of 
such  retirement  board  shall  continue  to  hold  office  until  the 
expiration  of  his  term  and  until  the  qualification  of  his 
successor.  Upon  the  expiration  of  the  term  of  office  of  any 
elected,  chosen  or  appointed  member  or  in  case  of  a  vacancy 
in  either  of  said  offices,  his  successor  shall  be  elected,  chosen 
or  appointed  as  aforesaid  for  a  three-year  term  or  for  the 
unexpired  portion  thereof,  as  the  case  may  be,  except  that 
in  no  event  shall  the  term  of  the  second  member  expire  in 
the  same  year  as  the  term  of  the  third  member. 

(c)  The  members  of  the  board  of  any  such  county  system 
shall  serve  without  compensation,  but  they  shall  be  reim- 
bursed from  the  expense  fund  of  such  system  for  any  expense 
or  loss  of  salary  or  wages  which  they  may  incur  through 
service  on  such  board.  Nothing  in  this  paragraph  shall 
prevent  any  county  treasurer  from  being  compensated  for 
services  rendered  by  him  in  the  active  administration  of  the 
system  in  his  capacity  as  county  treasurer  but  not  as  a 
member  of  the  board. 

(d)  Each  such  board  by  majority  vote  shall  elect  one  of 
its  members  to  serve  as  chairman  until  the  election  of  his 
successor  and  shall  appoint  a  secretary  who  may  be,  but 
need  not  be,  one  of  its  members.  The  county  treasurer 
shall  furnish  such  clerical  and  other  assistants  as  may  be 
required  to  transact  the  business  of  such  system. 

(e)  Any  such  board  may  employ  an  attorney  from  time 
to  time  as  required. 

(/)  The  board  of  any  such  county  system  and  the  treas- 
urer of  the  county  in  which  it  is  established  shall  respec- 
tively be  and  act  as  the  board  and  treasurer-custodian  of 
such  system  with  respect  to  the  employees  of  any  town  or 
district  who  become  members  of  such  system  as  provided 
for  in  paragraph  (3)  (6),  (3)  (c)  or  (4)  (6)  of  section  twenty- 
eight,  or  who  have  become  members  thereof  under  corre- 
sponding provisions  of  earlier  laws.    The  treasurer  or  other 


Acts,  1945.  —  Chap.  658.  777 

disbursing  officer  of  any  such  town  or  district,  as  the  case 
may  be,  shall  act  as  a  liaison  officer  between  the  employees 
thereof  and  the  board  of  such  system. 

Systems  for  Cities  and  Towns. 
(4)  (a)  The  contributory  retirement  system  established  Designation  of 

iitinic  oi  cif  V 

in  any  city  or  town  under  the  provisions  of  sections  one  to  or  town  system. 
twenty-eight  inclusive,  or  under  corresponding  provisions  of 
earlier  laws,  shall  be  known  and  all  of  its  business  shall  be 
transacted  under  a  name  which  shall  be  designated  by  the 
board  of  such  sj^stem  and  which  shall  include  in  its  designa- 
tion the  name  of  such  city  or  town,  as  the  case  may  be. 

(6)  Each  such  city  or  town  system  shall  be  managed  by  a  Management. 
retirement  board  which  shall  have  the  general  powers  and 
duties  set  forth  in  subdivision  (5)  of  this  section.  Such 
board  shall  consist  of  three  members  as  follows:  the  city 
auditor  or  town  accountant  or  other  officer  having  similar 
powers  and  duties  who  shall  be  a  member  ex  officio,  a  second 
member  who  shall  be  elected  by  the  members  in  service  of 
such  system  from  among  their  number  in  such  manner  and 
for  such  term,  not  exceeding  three  years,  as  the  mayor  in  a 
city  or  the  board  of  selectmen  in  a  town  shall  determine, 
and  a  third  member  who  shall  be  appointed  for  a  term  of 
three  years,  in  a  city  by  the  mayor,  subject  to  confirmation 
by  the  city  council,  or  in  a  town  by  the  board  of  selectmen. 
Future  elections  of  the  second  member  shall  be  held  under 
the  supervision  of  such  retirement  board  and  the  term  of  the 
second  member  shall  be  so  arranged  as  not  to  expire  in  the 
year  of  expiration  of  the  term  of  the  third  member.  Each 
member  of  such  retirement  board  shall  continue  to  hold 
office  until  the  expiration  of  his  term  and  until  the  qualifica- 
tion of  his  successor.  Upon  the  expiration  of  the  term  of 
office  of  any  elected  or  appointed  member  or  in  case  of  a 
vacancy  in  either  of  said  offices,  his  successor  shall  be  elected 
or  appointed  as  aforesaid  for  a  three-year  term  or  for  the 
unexpired  portion  thereof,  as  the  case  may  be,  except  that 
in  no  event  shall  the  term  of  the  second  member  expire  in 
the  same  year  as  the  term  of  the  third  member. 

(c)  The  members  of  the  board  of  any  such  city  or  town 
system  shall  serve  without  compensation,  but  they  shall  be 
reimbursed  from  the  expense  fund  of  such  system  for  any 
expense  or  loss  of  salary  or  wages  which  they  may  incur 
through  service  on  such  board.  Nothing  in  this  paragraph 
shall  prevent  any  city  auditor,  town  accountant  or  other 
officer  having  similar  powers  and  duties,  from  being  com- 
pensated for  services  rendered  by  him  in  the  active  adminis- 
tration of  the  system  in  his  official  capacity  but  not  as  a 
member  of  the  board. 

(d)  Each  such  board  by  majority  vote  shall  elect  one  of 
its  members  to  serve  as  chairman  until  the  election  of  his 
successor  and  shall  appoint  a  secretary  who  may  be,  but 


778 


Acts,  1945. —  Chap.  658. 


Meetings. 


By-laws, 
rules  and 
regulations. 


Estimates 
authorized  in 
certain  cases. 


Employment 
of  registered 
physicians. 


Birth  records. 


need  not  be,  one  of  its  members.  The  board  shall  employ- 
such  clerical  and  other  assistants  as  may  be  required  to 
transact  the  business  of  such  system. 

(e)  The  city  solicitor  or  town  counsel,  or  other  officer 
having  similar  powers  and  duties,  shall  be  the  legal  adviser 
of  such  board.  In  case  there  is  no  town  counsel  in  a  town, 
such  board  may  employ  an  attorney  from  time  to  time  as 
required. 

General  Powers  and  Duties  of  Boards. 

(5)  (a)  The  board  of  any  system  established  under  the 
provisions  of  sections  one  to  twenty-eight  inclusive,  or  under 
corresponding  provisions  of  earlier  laws,  shall  meet  at  least 
once  in  each  month  for  the  transaction  of  such  business  as 
may  properly  come  before  it.  It  shall  keep  a  record  of  all 
of  its  proceedings. 

(6)  Any  such  board  may  adopt  by-laws  and  make  rules 
and  regulations  consistent  with  law,  which  shall  be  subject 
to  approval  as  provided  for  in  subdivision  (4)  of  section 
twenty-one.  It  shall  provide  for  the  payment  of  retirement 
allowances  and  other  benefits  and  for  all  other  necessary 
expenditures  under  the  applicable  provisions  of  sections  one 
to  twenty-eight  inclusive,  or  under  corresponding  provi- 
sions of  earlier  laws  or  of  any  special  law,  and  shall  have 
such  other  powers  and  shall  perform  such  other  duties  and 
functions  as  are  necessary  to  comply  with  such  provisions. 
The  head  of  any  department  upon  request  from  the  board 
shall  promptly  furnish  it  with  such  information  as  shall  be 
required  to  effectuate  the  provisions  of  sections  one  to 
twenty-eight  inclusive. 

(c)  Whenever  any  such  board  shall  find  it  impossible  or 
impracticable  to  consult  an  original  record  to  determine  the 
date  of  birth,  length  of  service,  amount  of  regular  compen- 
sation or  other  pertinent  fact  with  regard  to  any  member, 
it  may,  subject  to  the  approval  of  the  actuary,  use  estimates 
thereof  on  any  basis  which  in  its  judgment  is  fair  and  just. 
The  board,  upon  discovery  of  any  error  in  any  record  of  the 
system,  shall,  as  far  as  practicable,  correct  such  record.  If 
any  such  error  results  in  the  receipt  from  such  system  by 
any  member  or  beneficiary  of  more  or  less  than  he  would 
have  been  entitled  to  receive  had  the  records  been  correct, 
payments  shall,  as  far  as  practicable,  be  adjusted  in  such 
manner  that  the  actuarial  equivalent  of  the  benefit  to  which 
he  was  correctly  entitled  shall  be  paid. 

(d)  Any  such  board  may  employ  registered  physicians  as 
provided  for  in  subdivision  (3)  of  section  six  and  may  per- 
form such  duties  and  incur  such  expense  as  may  be  neces- 
sary in  the  performance  of  its  duties,  all  of  which  expense 
shall  be  paid  out  of  the  expense  fund  of  such  system. 

(e)  The  board  of  each  such  system  shall  keep  a  record  of 
the  date  of  birth  of  each  member  of  the  system  and  also 
shall  keep  a  record  of  the  date  of  birth  of  each  other  em- 
ployee who  originally  entered  the  service  of  the  govern- 


Acts,  1945.  —  Chap.  658.  779 

mental  unit  to  which  such  system  pertains  after  attaining 
age  fifty-five  and  after  the  date  when  the  system  became 
operative  therein.  It  shall  be  the  duty  of  such  board  to 
notify  each  such  member  or  employee,  the  head  of  his  de- 
partment and  the  treasurer  or  other  disbursing  officer  re- 
sponsible for  paying  his  compensation,  of  the  date  when 
such  member  or  employee  will  attain  the  maximum  age  for 
his  group  and  such  member  or  employee  shall  not  be  em- 
ployed in  any  governmental  unit  after  such  date  except  as 
otherwise  provided  for  in  sections  one  to  twenty-eight  in- 
clusive. Such  notification  shall  be  made  in  writing  not  less 
than  thirty  days  nor  more  than  four  months  prior  to  such 
date. 

(/)  The  board  of  each  such  system  shall  annually  submit  Appropriation 
to  the  appropriate  authority  an  estimate  of  the  expense  of  ^°'' ^y^^e"'^- 
administration  and  the  cost  of  operation  of  the  system  for 
the  fiscal  year  for  which  an  appropriation  for  the  system  is 
to  be  made  as  provided  for  in  subdivision  (7)  of  section 
twenty-two. 

(g)  Each  board  shall  keep  in  convenient  form  such  data  Assets  and 
as  shall  be  required  by  the  commissioner  of  insurance  for  me^nts^Uife*^" 
the  purposes  of  valuing  the  assets  and  determining  the  lia-  submitted ^to^ 
bilities  of  the  system  and  of  making  actuarial  investigations  of  insurance. 
of  the  experience  of  the  system.     Such  data  shall  be  sub- 
mitted to  the  office  of  the  commissioner  within  such  time  as 
he  shall  specify. 

(h)  Each  board  shall  annually,  on  or  before  March  first,  ^jafst^itemtnt 
file  in  the  office  of  the  commissioner  of  insurance  the  finan-  to  be  filed. 
cial  statement  of  the  system  which  is  required  by  the  pro- 
visions of  paragraph  (1)  (c)  or  (2)  (e)  of  section  twenty- 
three.  Investments  of  the  system  shall  be  carried  at  values 
determined  by  the  commissioner  in  accordance  with  the  re- 
quirements of  paragraph  (1)  (h)  of  section  twenty-one. 

(i)  Each  board  shall  prepare  annually  a  report  showing  Annual  reports. 
the  financial  condition  of  the  system  as  of  December  thirty- 
first  of  the  previous  year  and  showing  the  financial  trans- 
actions thereof  during  the  previous  year.  Such  report  shall 
also  contain  such  statistical  information  with  reference  to 
the  membership  of  the  system  and  such  other  matters  per- 
taining to  the  operation  thereof  as  the  board  deems  to  be  of 
general  interest.  The  state  retirement  board  shall  file  a 
copy  of  its  report  with  the  governor,  and  with  the  state 
treasurer  for  publication  in  his  annual  report.  The  teachers' 
retirement  board  shall  file  a  copy  of  its  report  with  the  gov- 
ernor and  with  the  state  treasurer,  and  with  the  commis- 
sioner of  education  for  publication  in  the  annual  report  of 
the  department  of  education.  The  retirement  board  of  each 
county,  city  or  town  system  shall  file  a  copy  of  its  report 
with  the  county  commissioners,  the  mayor  or  the  board  of 
selectmen,  for  publication  in  the  annual  report  of  the  county, 
city  or  town,  as  the  case  may  be.  Copies  of  the  reports  of 
the  retirement  board  shall  be  furnished  upon  request  to 
members  of  the  system  and  to  other  interested  persons. 


780 


Acts,  1945.  —  Chap.  658. 


Commissioner 
of  insuranop, 
duties. 


Investments. 


SUPERVISION    BY    COMMISSIONER   OF   INSURANCE. 

Duties  of  Commissioner  of  Insurance. 

Section  21.  (1)  (a)  The  commissioner  of  insurance  shall 
prescribe  and  supervise  methods  of  accounting  for  each  sys- 
tem maintained  under  the  provisions  of  sections  one  to 
twenty-eight  inclusive.  The  commissioner  or  his  agent  shall 
at  least  annually  during  the  first  three  years  of  its  existence 
and  triennially  thereafter,  and  at  other  times  whenever  the 
commissioner  deems  it  necessary,  thoroughly  inspect  and 
examine  the  affairs  of  each  such  system  to  ascertain  its  finan- 
cial condition,  its  ability  to  fulfill  its  obligations,  whether 
all  parties  in  interest  have  complied  with  the  laws  applicable 
thereto,  and  whether  the  transactions  of  the  board  have 
been  in  accordance  with  the  rights  and  equities  of  those  in 
interest. 

(6)  Each  such  system  in  its  financial  accounts  shall  be 
credited  with  its  investments  having  a  fixed  term  and  rate, 
if  amply  secured  in  the  judgment  of  the  commissioner  of 
insurance  and  not  in  default  as  to  principal  or  interest,  as 
follows:  if  purchased  at  par,  with  the  par  value;  if  pur- 
chased above  or  below  par,  with  an  amortized  value  so  de- 
termined as  to  yield  approximately  the  effective  rate  of 
interest  at  which  the  purchase  was  made  and  to  bring  the 
value  to  par  at  the  date  of  maturity  or  at  the  date  the 
security  is  first  callable  at  par  if  prior  thereto;  provided, 
that  the  purchase  price  of  any  such  security  shall  not  be 
taken  at  a  higher  value  than  its  actual  market  value  when 
purchased;  and  provided,  that  the  value  of  any  security  on 
the  date  of  any  valuation  thereof  shall  not  be  taken  at  a 
higher  value  than  its  callable  value,  if  any,  on  such  date. 
The  commissioner  of  insurance  shall  have  full  power  and 
discretion  in  determining  the  methods  of  calculating  values 
according  to  the  foregoing  rule,  and  the  values  found  by 
him  in  accordance  with  such  methods  shall  be  final  and 
binding;  provided,  that  any  investments  in  United  States 
savings  bonds  purchased  on  a  discount  basis  may  be  cred- 
ited at  their  redemption  value  or  at  their  amortized  value, 
as  the  board  shall  determine.  The  commissioner  shall  also 
have  full  power  and  discretion  in  determining  the  method 
of  calculating  the  values  of  any  other  investments  of  any 
such  system. 

(c)  The  commissioner  of  insurance  or  his  agent  shall,  for 
aLd^rTcOTds  by  the  purposc  of  carrying  out  the  provisions  of  this  section, 
«o^nni^oner  fiavc  access  to  all  the  securities,  books  and  papers  of  any 
such  system  and  may  summon  and  administer  oath  to  and 
examine  any  person  relative  to  the  financial  affairs,  trans- 
actions and  condition  of  the  system.  The  commissioner 
shall  preserve  in  a  permanent  form  a  full  record  of  the  pro- 
ceedings of  each  examination  of  a  system  and  the  results 
thereof.  Upon  the  completion  of  such  examination,  verifi- 
cation and  valuation,  the  commissioner  shall  make  a  report 


Examination 
of  accounts 


Acts,  1945.  —  Chap.  658.  781 

in  writing  of  his  findings  to  the  board,  and  shall  send  a  copy 
thereof  to  the  governor  and  state  treasurer,  the  county  com- 
missioners, the  mayor  or  the  board  of  selectmen,  as  the  case 
may  be. 

Assessment  of  Expenses  of  Supervision. 

(2)  Any  expenses  incurred  under  the  provisions  of  this  Commonwealth 
section  in  connection  with  the  supervision  of  any  system  niy^any^s'il^er- 
shall  be  paid  primarily  by  the  commonwealth.  Each  county  visory  expenses. 
which  maintains  a  system  shall  reimburse  the  common-  and  towns^to''^ 
wealth  for  such  proportion  of  such  expenses  attributable  to  J'^f^^^^rtf^ 
such  counties  as  shall  be  determined  just  and  proper  by  the 
commissioner   of   insurance   and   assessed   thereon    by   the 

state  treasurer.  The  state  treasurer  shall  issue  his  warrant 
requiring  the  assessors  of  the  cities  and  towns  concerned  to 
assess  a  tax  to  the  amount  of  such  expenses  attributable 
to  such  cities  and  towns  as  determined  by  the  commissioner, 
and  such  amount  shall  be  collected  and  paid  to  the  state 
treasurer  in  the  same  manner  and  subject  to  the  same 
penalties  as  state  taxes. 

Duties  of  Actuary. 

(3)  The  actuary  shall,  subject  to  the  supervision  of  the  Actuary  sub- 
commissioner  of  insurance,  be  the  technical  adviser  of  the  visLn'oT^'"^' 
board  of  each  such  system  in  matters  relating  to  the  appli-  of'-Jj^uranM*^ 
cable  provisions  of  sections  one  to  twenty-eight  inclusive, 

and  in  matters  relating  to  the  operation  of  the  system,  and 
shall  perform  such  actuarial  duties  as  are  required  in  con- 
nection therewith,  including  those  hereinafter  specifically 
set  forth  in  this  subdivision, 

(a)  The  actuary  shall  check  the  calculation  and  amount  ^rants^'*'  "^ 
of  each  annuity,  pension  or  retirement  allowance  granted 
under  the  provisions  of  sections  one  to  twenty-eight  in- 
clusive,  and   all  such   calculations   and   amounts  shall   be 
subject  to  his  approval. 

(&)  The  actuary  shall  make  an  annual  valuation  of  the  valuation  of 
assets  and  liabilities  of  each  such  system  as  of  December  HaMitfe"^ 
thirty-first  of  the  previous  year,  including  an  actuarial  valu- 
ation of  the  annuity  reserve  liability  for  the  annuity  reserve 
fund  of  each  system.  He  shall  annually  furnish  to  the  board 
of  each  system  such  information  as  shall  be  needed  for  the 
determination  of  the  amount  of  the  annual  appropriation 
required  under  the  provisions  of  subdivision  (7)  of  section 
twenty-two  to  finance  the  cost  of  operation  of  the  system 
for  the  fiscal  year  for  which  the  appropriation  is  being  made. 

(c)  The  actuary  shall,  at  the  end  of  the  year  nineteen  Mortality 
hundred  and  fifty  and  thereafter  at  the  end  of  each  sue-  *'^^''^^- 
ceeding  five-year  period,  make  an  investigation  of  the  mor- 
tality experience  of  the  retired  members  of  all  such  systems 
for  the  five-year  period  then  ending.  He  shall  also  examine 
the  financial  experience  of  the  annuity  reserve  funds  of  all 
such  systems  for  such  five-year  period.  In  making  such  an 
investigation  and  examination  he  may  group  the  experience 


782 


Acts,  1945.  —  Chap.  658. 


other  investi- 
gations. 


of  the  several  systems  in  such  manner  as  he  deems  neces- 
sary. Upon  the  completion  of  such  investigation  and  exam- 
ination, the  actuary  shall  report  the  results  thereof  to  the 
commissioner  of  insurance,  who  shall  thereupon  make  such 
recommendations,  if  any,  to  the  general  court  as  he  deems 
necessary  with  reference  to  the  continued  use  or  modifica- 
tion by  the  several  systems  of  the  mortality  table  and  in- 
terest rate  set  forth  in  the  definition  of  actuarial  equivalent 
appearing  in  section  one. 

(d)  The  actuary  from  time  to  time  shall  make  such  other 
investigations  of  the  mortality,  service  and  compensation  ex- 
perience of  the  members  of  the  several  systems  as  the  com- 
missioner of  insurance  deems  necessary. 


Rules  and 
regulations. 


Credit  of 
assets. 


Promulgation  and  Approval  of  Rules  and  Regulations. 

(4)  The  commissioner  of  insurance  shall  promulgate  such 
rules  and  regulations  as  may  be  necessary  from  time  to  time 
to  effectuate  the  purposes  of  sections  one  to  twenty-eight 
inclusive,  and  he,  or  the  actuary  with  his  approval,  may  ap- 
prove any  by-laws,  rules,  regulations,  prescribed  forms  or 
determinations  of  any  board  in  order  to  effectuate  such 
purposes. 

METHODS    OF    FINANCING. 

Section  22.  All  the  assets  of  each  system  as  they  exist 
at  the  commencement  of  business  on  January  first,  nineteen 
hundred  and  forty-six,  and  all  the  assets  of  each  system  re- 
ceived, acquired  or  held  on  or  after  such  date  shall,  subject 
to  the  provisions  of  sections  one  to  twenty-eight  inclusive, 
be  credited  according  to  the  purposes  for  which  they  are 
received,  acquired  or  held  to  one  of  the  five  following  funds 
in  the  system;  namely,  the  annuity  savings  fund,  the  an- 
nuity reserve  fund,  the  pension  fund,  the  special  fund  for 
military  service  credit  and  the  expense  fund. 


Annuity 
savings  fund. 


Compensation 
withholding. 


Amount  to 
be  withheld. 


Annuity  Savings  Fund. 

(1)  (a)  The  annuity  savings  fund  of  each  system  shall  be 
the  fund  provided  for  the  accumulation  of  the  regular  de- 
ductions and  additional  deductions  of  the  members  of  the 
system  and  into  which  such  deductions  shall  be  paid  as  they 
are  made  and  to  which  regular  interest  shall  be  transferred 
to  be  credited  to  the  accounts  of  such  members  as  provided 
for  in  subdivision  (6)  of  this  section. 

(6)  The  treasurer  or  other  disbursing  officer  in  charge  of 
payrolls  in  any  governmental  unit  to  which  a  system  per- 
tains, and  the  treasurer  or  other  disbursing  officer  in  charge 
of  payrolls  in  any  free  public  library  the  employees  of  which 
are  eligible  for  membership  in  a  system,  shall,  upon  written 
notice  from  the  board,  withhold  on  each  pay  day  five  per 
cent  of  the  regular  compensation  of  each  employee  who  is  a 
member  in  service  of  the  system,  which  is  received  on  such 
day  by  such  member  on  account  of  service  rendered  by  him 


Acts,  1945.  — Chap.  658.  783 

on  or  after  January  first,  nineteen  hundred  and  forty-six, 
and  not  later  than  the  date  of  his  attaining  the  maximum 
age  for  his  group;  provided,  that  in  the  case  of  any  teacher 
such  withholding  shall  be  made  upon  written  notice  from 
the  school  committee,  board  of  trustees  or  other  employing 
authority,  to  the  treasurer  or  other  disbursing  officer  of  the 
political  subdivision  by  which  such  teacher  is  employed. 

(c)  Any  such  treasurer  or  other  disbursing  officer  in  charge  withholding 
of  payrolls  shall,  for  the  purpose  of  determining  the  regular  non-cfsh 
compensation  and  regular  deductions  of  any  member  in  serv-  Xwln'cT'^^ 
ice  who  is  receiving  a  non-cash  maintenance  allowance  in  the 

form  of  full  or  partial  boarding  and  housing,  add  to  the 
amount  of  the  cash  payment  for  the  regular  services  of  such 
member  an  amount  at  a  rate  which  shall  be  determined  by 
the  director  of  personnel  and  standardization  if  such  mem- 
ber is  a  member  of  the  state  employees'  retirement  system 
or  of  the  teachers'  retirement  system,  by  the  county  per- 
sonnel board  if  such  member  is  a  member  of  any  county 
system,  and  by  the  retirement  board  if  such  member  is  a 
member  of  any  city  or  town  system.  The  sum  of  such  amount 
and  the  amount  of  such  cash  payment  shall  be  the  regular 
compensation  upon  which  regular  deductions  shall  be  made 
on  and  after  January  first,  nineteen  hundred  and  forty-six. 
The  regular  compensation  of  any  such  member  for  any  pe- 
riod, for  purposes  of  computing  retirement  allowances,  shall 
include  not  only  the  amount  of  the  cash  payment  for  his 
regular  services  but  also  the  amount  of  any  non-cash  main- 
tenance allowance  at  the  rate  in  effect  for  him  for  such  period 
under  the  provisions  of  this  paragraph  or  under  correspond- 
ing provisions  of  earlier  laws. 

(d)  Any  member  in  service  of  any  system,  whose  regular  Certain  addi- 
deductions  during  any  period  of  his  employment  were  made  mentiby^' 
at  a  lower  rate,  or  on  the  basis  of  a  lower  maximum  limit,  members. 
than  that  in  effect  during  such  period  for  a  majority  of  the 
members  of  such  system,  may,  before  the  date  any  retire- 
ment allowance  becomes  effective  for  him,  pay  into  the  an- 
nuity savings  fund  of  the  system  in  one  sum,  or  in  instal- 
ments over  a  period  not  exceeding  five  years,  upon  such 

terms  and  conditions  as  the  board  may  prescribe,  an  amount 
equal  to  the  difference  between  the  aggregate  of  the  regular 
deductions  which  would  have  been  credited  to  his  account 
in  such  annuity  savings  fund  had  they  been  made  at  the 
rate,  and  subject  to  the  maximum  limit,  in  effect  for  a  ma- 
jority of  the  members  of  such  system  during  such  period 
and  the  aggregate  of  the  regular  deductions  actually  credited 
to  his  account  therein.  In  addition  to  the  payment  of  such 
sum  or  instalments  thereof,  such  member  shall  also  pay  into 
the  annuity  savings  fund  an  amount  of  interest  such  that  at 
the  date  of  completion  of  such  payments  the  total  value  of 
his  regular  deductions  actually  made,  including  such  pay- 
ments, together  with  regular  interest  on  all  such  deductions 
and  payments  to  such  date,  shall  be  equal  to  the  value  of 
what  his  regular  deductions  would  have  been,  together  with 


784 


Acts,  1945.  —  Chap.  658. 


Certain  pay- 
ments may  be 
ordered  by, 
suspended  or 
terminated  by 
board. 


Assent  to 
deductions 
by  members. 


Additional 
deductions 
authorized  by 
members. 


Limitation. 


regular  interest  thereon  to  such  date,  had  they  been  made 
at  the  rate,  and  subject  to  the  maximum  Umit,  in  effect  for 
a  majority  of  the  members  of  such  system  throughout  the 
whole  period  of  his  employment. 

(e)  In  addition  to  the  regular  deductions  referred  to  in 
paragraphs  (6)  and  (c)  of  this  subdivision,  any  such  treas- 
urer or  other  disbursing  officer  in  charge  of  payrolls  shall, 
upon  written  notice  to  him  by  the  board,  deduct  from  the 
regular  compensation  of  any  member  in  service  such  sums 
as  the  board  shall  designate  and  upon  such  terms  and  con- 
ditions as  it  shall  prescribe,  as  may  be  required  for  the  pur- 
pose of  carrying  out  the  provisions  of  paragraph  (d)  of  this 
subdivision,  or  the  provisions  of  subdivision  (3),  (4),  (5), 
(6)  or  (8)  of  section  three  or  of  paragraph  (2)  (c)  of  section 
four,  or  other  corresponding  applicable  provisions  of  sec- 
tions one  to  twenty-eight  inclusive.  The  board  may  per- 
mit a  reduction,  suspension  or  termination  of  any  such  de- 
ductions being  made  under  the  provisions  of  this  paragraph 
if  such  member  shall  so  request  in  writing  and  if  it  finds 
that  he  is  unable  to  continue  them  without  undue  hard- 
ship, but  no  withdrawal  of  the  same  shall  be  made  except 
in  the  manner  provided  for  the  withdrawal  of  other  accu- 
mulated regular  deductions. 

(/)  The  deductions  provided  for  under  this  subdivision 
shall  be  made  notwithstanding  that  the  minimum  compen- 
sation provided  by  law  for  any  member  may  be  reduced 
thereby.  Each  member  shall  be  deemed  to  consent  and 
agree  to  the  deductions  provided  for  in  this  subdivision  and 
shall  receipt  for  his  full  salary  or  compensation.  The  pay- 
ment of  his  full  salary  or  compensation  less  such  deductions 
shall  be  considered  a  full  and  complete  discharge  and  acquit- 
tance of  all  claims  and  demands  whatsoever  for  the  services 
rendered  by  him  during  the  period  covered  by  such  pay- 
ment, except  as  to  any  benefits  in  the  nature  of  an  annuity, 
pension,  retirement  allowance  or  return  of  accumulated  total 
deductions  as  provided  for  in  sections  one  to  twenty-eight  in- 
clusive. 

(g)  Any  member  in  service  of  any  system,  may,  before 
the  date  any  retirement  allowance  becomes  effective  for 
him,  pay  into  the  annuity  savings  fund  of  the  system  in  one 
sum,  or  in  instalments  over  a  period  of  years,  for  the  pur- 
pose of  providing  an  additional  annuity,  such  amount  as  he 
shall  designate,  subject  to  the  limitation  hereinafter  speci- 
fied in  this  paragraph  and  subject  to  such  terms  and  condi- 
tions as  the  board  may  prescribe.  Any  such  member  may 
authorize  the  board  in  writing  to  instruct  the  treasurer  or 
other  disbursing  officer  in  charge  of  payrolls  to  withhold  for 
such  purpose  on  each  pay  day  from  the  regular  compensa- 
tion of  such  member  such  amount  as  he  shall  designate, 
subject  to  such  limitation  and  subject  to  such  terms  and 
conditions  as  the  board  may  prescribe.  All  amounts  so  paid 
or  so  withheld  shall  be  considered  as  additional  deductions 
as  defined  in  section  one.    The  total  additional  deductions 


Acts,  1945.  —  Chap.  658.  785 

for  any  such  member  as  of  any  date  shall  be  so  limited  that 
such  total,  together  with  regular  interest  on  such  additional 
deductions  to  such  date,  shall  not  exceed  the  portion  of  his 
accumulated  regular  deductions  on  such  date  which  is  de- 
rived from  that  part  of  his  annual  regular  compensation  not 
in  excess  of  twenty-six  hundred  dollars  in  any  year.  Such 
accumulated  additional  deductions  shall  be  used  upon  his 
retirement  to  provide  an  additional  annuity  for  him  in  ac- 
cordance with  the  provisions  of  subdivision  (2)  of  section 
twelve,  or  shall  be  paid  as  provided  for  in  section  eleven 
upon  his  prior  death  or  withdrawal  from  the  system.  The  Reduction, 
board  may  permit  a  reduction,  suspension  or  termination  of  teminaUon  of 
such  additional  deductions  if  such  member  shall  so  request  additional 
in  writing,  but  no  withdrawal  of  the  same  shall  be  made 
except  in  the  manner  provided  for  the  withdrawal  of  accu- 
mulated regular  deductions. 

(h)  The  various  amounts  withheld  under  the  provisions  Transfer  of 
of  this  subdivision  for  deposit  in  the  annuity  savings  fund  ffifiuity"s"avtng8 
of  any  system  shall,  subject  to  the  provisions  of  paragraphs  f<i"ci.  " 
(^)>  U)  aiid  (k)  of  this  subdivision,  be  transferred  forthwith 
to  such  system  by  the  treasurer  or  other  disbursing  officer 
in  charge  of  payrolls,  accompanied  on  a  prescribed  form  by 
a  statement  or  voucher  for  such  deductions.    Such  amounts 
shall  be  credited  by  the  board  to  the  accounts  of  the  respec- 
tive members  for  whom  such  deductions  have  been  made, 
and  shall  be  paid  into  and  become  a  part  of  the  annuity 
savings  fund  of  such  system. 

(i)  In  the  case  of  teachers  who  are  members  of  the  teach-  Transniittai 
ers'  retirement  system,  the  various  amounts  withheld  for  deductio'^ns. 
any  month  for  deposit  in  the  annuity  savings  fund  of  such 
sj^stem  shall,  together  with  proper  vouchers  therefor,  be 
transmitted  by  the  disbursing  authorities  to  the  secretary 
of  the  teachers'  retirement  board  on  or  before  the  tenth 
day  of  the  next  succeeding  month.  The  secretary  shall 
thereupon  credit  the  accounts  of  such  members  with  their 
respective  deductions  and  pa}^  all  such  sums  received  to  the 
state  treasurer  for  deposit  in  the  annuity  savings  fund  of 
such  system. 

(j)  In  the  case  of  each  member  of  any  county  system  Deductions 
whose  regular  compensation  is  paid  by  the  commonwealth,  conunonw^ith 
the  state  treasurer  shall  make  the  withholdings  for  any  i;"'fr°^f^itt°d 
month  required  by  the  provisions  of  this  subdivision  and  to  county 
shall  transmit  them,  together  with  proper  vouchers  therefor,  ^'"'^''^^'^^^■ 
on  or  before  the  tenth  day  of  the  next  succeeding  month  to 
the  county  treasurer  for  deposit  in  the  annuity  savings  fund 
of  such  system  to  the  credit  of  the  respective  accounts  of 
each  such  member. 

(k)  The  treasurer  or  other  disbursing  officer  in  charge  of  |^f'"j"juJ"o!jg 
payrolls  in  any  free  public  library  the  employees  of  which  from  free 
are  eligible  for  membership  in  a  system,  shall  transmit  forth-  empioyees!*'^^ 
with  to  the  city  or  town  treasurer  of  the  city  or  town  in 
which  such  library  is  located,  the  amounts  which  he  has 
withheld  from  the  members  as  provided  for  in  this  subdivi- 


786 


Acts,  1945. —  Chap.  658. 


sion,  together  with  proper  vouchers  therefor.  Such  city  or 
town  treasurer  shall  thereupon  transfer  such  amounts  for 
deposit  in  the  annuity  savings  fund  of  such  system  to  the 
credit  of  the  respective  accounts  of  such  members  as  pro- 
vided for  in  paragraph  (h)  of  this  subdivision  in  the  case  of 
other  members  thereof. 
landftltL  (0  The  amount  of  the  accumulated  total  deductions  of 

annuity  reserve  any  member  paid  or  withdrawn  under  the  provisions  of  sec- 
tions one  to  twenty-eight  inclusive,  shall  be  paid  from  the 
annuity  savings  fund  of  the  system  and  charged  to  his  ac- 
count therein.  Upon  the  retirement  of  any  member,  the 
amount  of  his  accumulated  total  deductions  shall  be  trans- 
ferred from  his  account  in  the  annuity  savings  fund  of  the 
system  to  the  annuity  reserve  fund  thereof.  Amounts  shall 
be  transferred  to  the  annuity  savings  fund  from  the  annuity 
reserve  fund  as  provided  for  in  paragraph  (2)  (h)  of  this 
section  and  from  the  annuity  savings  fund  to  the  pension 
fund  as  provided  for  in  paragraph  (6)  (d)  of  this  section. 


Annuity 
reserve  fund. 


Transfer  of 
funds  to  an- 
nuity savings 
fund  in  certain 
cases. 


A  ppropriations 
for  deficiencies. 


Annuity  Reserve  Fund. 

(2)  (a)  The  annuity  reserve  fund  of  each  system  shall 
be  the  fund  to  which  the  accumulated  total  deductions  of  a 
member  shall  be  transferred  from  his  account  in  the  annuity 
savings  fund  of  the  system  when  a  retirement  allowance 
becomes  effective  for  him,  and  to  which  also  shall  be  trans- 
ferred at  such  time  from  the  special  fund  for  military  serv- 
ice credit  any  amounts  then  standing  to  the  credit  of  his 
account  therein.  The  total  amounts  so  transferred  on  ac- 
count of  any  member  shall  thereby  establish  the  initial 
annuity  reserve  for  the  annuity  provided  for  him  under  the 
provisions  of  subdivision  (2)  of  section  twelve.  Interest  at 
the  annual  rate  set  forth  in  the  definition  of  actuarial  equiva- 
lent appearing  in  section  one  shall  be  transferred  to  the 
annuity  reserve  fund  as  provided  for  in  subdivision  (G)  of 
this  section.  All  annuities  and  all  benefits  for  which  such 
initial  annuity  reserve  was  established  shall  be  paid  from 
the  annuity  reserve  fund. 

(6)  If  any  member  who  has  been  retired  for  disability  is 
later  restored  upon  recovery  to  full  active  service  before 
attaining  age  sixty  as  provided  for  in  paragraph  (2)  (6)  of 
section  eight,  an  amount  equal  to  the  annuity  reserve  at 
the  date  of  his  restoration  with  respect  to  his  annuity  shall 
be  transferred  from  the  annuity  reserve  fund  of  the  system 
to  the  credit  of  his  account  in  the  annuity  savings  fund 
thereof. 

(c)  If  the  total  amount  credited  to  the  annuity  reserve 
fund  of  any  system  as  of  January  first,  nineteen  hundred 
and  forty-six,  after  the  completion  of  all  transfers  of  funds 
under  the  provisions  of  subdivision  (2)  of  section  twenty- 
seven,  is  less  than  the  total  amount  of  the  annuity  reserve 
determined  for  such  system  as  of  such  date  in  accordance 
with  the  provisions  of  paragraph  (&)  of  such  subdivision,  the 


Acts,  1945.  — Chap.  658.  787 

deficiency  shall  be  made  up  by  including  an  amount  equal 
thereto  in  the  annual  appropriation  for  the  pension  fund  of 
such  system  for  the  fiscal  year  next  following  the  determi- 
nation of  such  annuity  reserve,  or,  with  the  approval  of  the 
actuary,  by  instahnents  included  in  the  annual  appropria- 
tions for  such  pension  fund  over  a  period  not  exceeding  the 
three  fiscal  years  next  following  such  determmation.  Upon 
the  receipt  of  any  amount  so  appropriated,  the  amount  of 
such  deficiency  included  therein  shall  be  transferred  from 
the  pension  fund  to  the  annuity  reserve  fund  of  such  system, 

(d)  If  the  balance  remainmg  in  the  annuity  reserve  fund  Transfer  of 

.  ^    '  pY-  T^i  !•  certain  sums 

of  any  system  at  the  close  oi  busmess  on  December  thirty-  to  pension 
first  of  any  year  after  the  transfer  of  interest  thereto  as  "° 
provided  for  in  clause  (ii)  of  paragraph  (6)  (a)  of  this  sec- 
tion, is  in  excess  of  the  total  amount  of  the  annuity  reserve 
determined  for  such  system  as  of  such  date  in  accordance 
with  the  provisions  of  paragraph  (3)  (6)  of  section  twenty- 
one,  the  amount  of  such  excess  shall  be  transferred  as  of 
the  next  following  September  thirtieth  from  the  annuity 
reserve  fund  to  the  pension  fund  of  such  system.  If  such 
balance  is  less  than  the  total  amount  of  such  annuity  re- 
serve, an  amount  equal  to  such  deficiency  shall,  to  the  ex- 
tent not  included  m  any  deficiency  being  made  up  under 
the  provisions  of  paragraph  (c)  of  this  subdivision,  be  simi- 
larly transferred  as  of  such  next  following  September  thirtieth 
from  the  pension  fund  to  the  annuity  reserve  fund. 


Pension  Fund. 

(3)  (a)  The  pension  fund  of  each  system  shall  be  the  Pension  fund. 
fund  to  which  shall  be  credited  all  amounts  appropriated 
by  the  governmental  unit  for  the  purpose  of  providing  for 
the  cost  of  operation  of  the  system  exclusive  of  the  expenses 
of  administration,  except  such  amounts  as  may  be  appro- 
priated for  the  special  fund  for  military  service  credit  under 
the  provisions  of  subdivision  (4)  of  this  section.  Any  bal- 
ance remaining  in  the  investment  income  account  of  the 
system  at  the  close  of  business  on  December  thirty-first  of 
any  year  shall  be  transferred  to  the  pension  fund,  and  any 
deficit  in  such  account  at  such  time  shall  be  made  up  by 
transfer  from  such  fund  to  such  account  of  an  amount  equal 
to  such  deficit  as  provided  for  in  clause  (iii)  of  paragraph 
(6)  (a)  of  this  section. 

(6)  All  pensions  to  members  or  to  beneficiaries  and  all  Transfer  and 
pensions  paid  under  the  provisions  of  paragraph  (8)  (c)  of  p*'""®'^*- 
section  three  or  paragraph  (4)  (b)  of  section  seven  shall  be 
paid  from  the  pension  fund  of  the  system,  and  all  amounts 
received  under  said  provisions  shall  be  credited  to  such 
fund.  Amounts  shall  be  transferred  between  the  pension 
fund  and  the  annuity  reserve  fund  as  provided  for  in  para- 
graphs (2)  (c)  and  (2)  (d)  of  this  section  and  shall  be  trans- 
ferred to  the  pension  fund  from  the  annuity  savings  fund 
as  provided  for  in  paragraph  (6)  (d)  of  this  section  and  from 


788 


Acts,  1945.  —  Chap.  658. 


Profit  or  loss 
from  invest- 


Amount  to  be 
appropriated 
for  pension 
fund. 


Charges 
against  fund. 


the  special  fund  for  military  service  credit  as  provided  for 
in  paragraph  (4)  (c)  of  this  section.  Amounts  shall  also  be 
paid  from  the  pension  fund  of  one  system  and  transferred 
to  the  special  fund  for  military  service  credit  of  a  second 
system  as  provided  for  in  paragraph  (4)  (d)  of  this  section. 
The  board  shall,  with  the  approval  of  the  actuary,  make 
any  other  transfer  between  the  pension  fund  and  any  other 
fund  of  the  system  which  may  be  necessary  to  effectuate 
the  purposes  of  sections  one  to  twenty-eight  inclusive. 

(c)  Any  profit  realized  on  the  sale  or  maturity  of  any 
investment  of  any  system,  due  to  the  amount  received 
therefor  being  in  excess  of  its  book  value  on  the  date  of  its 
sale  or  maturity,  shall  be  credited  to  the  pension  fund  of 
the  system.  Any  loss  sustained  on  the  sale  or  maturity  of 
any  investment,  due  to  the  amount  received  therefor  being 
less  than  its  book  value  on  the  date  of  its  sale  or  maturity, 
shall  be  charged  to  the  pension  fund.  Any  investment 
which  is  required  to  be  valued  at  its  market  value  under  the 
provisions  of  paragraph  (1)  (6)  of  section  twenty-one,  shall 
be  included  in  the  assets  of  the  system  on  the  date  of  any 
valuation  thereof  at  its  market  value  on  such  date  as  de- 
termined in  accordance  with  said  provisions.  Any  excess 
of  such  market  value  over  the  value  at  which  such  invest- 
ment was  included  in  the  assets  of  the  system  on  the  date 
of  the  last  previous  valuation  thereof,  shall  be  credited 
forthwith  to  the  pension  fund,  and  any  amount  by  which 
such  market  value  is  less  than  the  value  at  which  such  in- 
vestment was  included  in  such  assets,  shall  be  charged 
forthwith  to  such  fund.  In  addition  to  the  valuation  of  the 
assets  of  the  system  as  of  December  thirty-first  of  each  year 
as  provided  for  in  paragraph  (3)  (6)  of  section  twenty-one, 
the  value  of  all  such  investments  which  are  required  to  be 
valued  at  their  market  value  shall  be  determined  by  the 
actuary  as  of  September  thirtieth  in  each  year  and  any  such 
credits  or  charges  resulting  from  such  valuation  shall  be 
made  to  the  pension  fund  as  of  such  date. 

(d)  The  amount  to  be  appropriated  for  any  fiscal  year  for 
the  pension  fund  of  any  system,  as  provided  for  in  subdi- 
vision (7)  of  this  section,  shall  be  equal  to  the  excess  of  the 
sum  of  the  charges  in  clauses  (i)  to  (iv)  inclusive  of  this 
paragraph  over  the  sum  of  the  credits  in  clauses  (v)  and  (vi) 
inclusive: 

Charges.  —  (i)  The  total  amount,  as  estimated  by  the 
actuary  from  data  furnished  by  the  board,  of  the  pension 
payments  to  be  paid  from  the  pension  fund  of  the  system 
during  the  fiscal  year  for  which  such  appropriation  is  being 
made; 

(ii)  The  amount  of  that  part  of  the  deficiency,  if  any,  in 
the  annuity  reserve  fund  of  the  system  as  of  January  first, 
nineteen  hundred  and  forty-six,  to  be  made  up  during  such 
fiscal  year  under  the  provisions  of  paragraph  (2)  (c)  of  this 
section ; 

(iii)  The  amount  of  the  deficiency,  if  any,  in  the  pension 


Acts,  1945.  —  Chap.  658.  789 

fund  at  the  close  of  business  on  the  September  thirtieth  im- 
mediately preceding  such  fiscal  year,  after  the  transfers  pro- 
vided for  in  paragraph  (2)  (d)  of  this  section  have  been 
made  as  of  such  date  and  after  the  credits  and  charges  to 
such  fund  have  been  made  as  of  such  date  following  the 
valuation  provided  for  in  paragraph  (c)  of  this  subdivision; 
and 

(iv)  The  amount,  if  any,  by  wliich  the  total  yearly  amount 
of  the  pensions  payable  from  the  system  with  respect  to  all 
retired  members  and  beneficiaries  who  are  receiving  pen- 
sions therefrom  at  the  close  of  business  on  the  September 
thirtieth  immediately  preceding  such  fiscal  year,  exceeds  any 
balance  in  the  pension  fund  remaining  at  the  close  of  busi- 
ness on  such  date  after  the  transfers,  credits  and  charges 
referred  to  in  clause  (iii)  of  this  paragraph  applicable  for 
such  fiscal  year  have  been  made;  provided,  that  the  amount 
of  the  charge  to  be  made  under  the  provisions  of  this  clause 
shall  not  be  greater  than  twenty  per  cent  of  such  total. 

Credits.  —  (v)  The  sum  of  the  amounts,  if  any,  received  f^f*'^  ^^ 
and  credited  to  the  pension  fund  under  the  provisions  of 
paragraph  (8)  (c)  of  section  three  and  paragraph  (4)  (6)  of 
section  seven  during  the  twelve-month  period  ending  on  the 
September  thirtieth  immediately  preceding  such  fiscal  year, 
and  the  amounts,  if  any,  transferred  from  the  special  fund 
for  military  service  credit  to  the  pension  fund  under  the  pro- 
visions of  paragraph  (4)  (c)  of  this  section  during  such  period ; 
provided,  that  the  amount  of  the  credit  to  be  allowed  under 
the  provisions  of  this  clause  shall  not  be  greater  than  the 
amount  by  which  any  balance  in  the  pension  fund  remain- 
ing at  the  close  of  business  on  such  date  after  the  transfers, 
credits  and  charges  referred  to  in  clause  (iii)  of  this  para- 
graph applicable  for  such  fiscal  year  have  been  made,  ex- 
ceeds five  per  cent  of  the  ledger  assets  of  the  system  as  of 
such  date  after  the  valuation  referred  to  in  said  clause  (iii) 
has  been  made,  nor  greater  than  the  amount  by  which  such 
balance  exceeds  the  total  yearly  amount  of  the  pensions  pay- 
able from  the  system  with  respect  to  all  retired  members 
and  beneficiaries  who  are  receiving  pensions  therefrom  at  the 
close  of  business  on  such  date;  and 

(vi)  The  amount,  if  any,  by  which  the  charge  determined 
under  the  provisions  of  clause  (i)  of  this  paragraph  appli- 
cable for  such  fiscal  year,  exceeds  the  largest  of  the  corre- 
sponding charges  included  in  such  appropriations  for  the 
system  for  the  first  three  full  fiscal  years  of  its  operation 
after  December  thirty-first,  nineteen  hundred  and  forty-five ; 
provided,  that  the  amount  of  the  credit  to  be  allowed  under 
the  provisions  of  this  clause  shall  not  be  greater  than  twenty 
per  cent  of  sucli  charge  for  such  fiscal  year,  nor  greater  than 
the  amount  by  which  any  balance  in  the  pension  fund  re- 
maining at  the  close  of  business  on  the  September  thirtieth 
immediately  preceding  such  fiscal  year  after  the  transfers, 
credits  and  charges  referred  to  in  clause  (iii)  of  this  para- 
graph applicable  for  such  fiscal  year  have  been  made,  exceeds 


790 


Acts,  1945.  —  Chap.  658. 


the  sum  of  the  amount  of  any  credits  allowed  under  the  pro- 
visions of  clause  (v)  of  this  paragraph  apphcable  for  such 
fiscal  year  and  five  per  cent  of  the  ledger  assets  of  the  sys- 
tem as  of  such  date  after  the  valuation  referred  to  in  said 
clause  (iii)  has  been  made,  nor  greater  than  the  amount  by 
which  such  balance  exceeds  the  sum  of  the  amount  of  any 
credits  allowed  under  the  provisions  of  clause  (v)  of  this 
paragraph  applicable  for  such  fiscal  year  and  the  total  yearly 
amount  of  the  pensions  payable  from  the  system  with  re- 
spect to  all  retired  members  and  beneficiaries  who  are  receiv- 
ing pensions  therefrom  at  the  close  of  business  on  such  date. 


Special  fund 
for  military 
service  credit. 
Amount. 


Transfer  to 
annuity  reserve 
fund  on  retire- 
ment. 


Funds  to  be 
released  in 
certain  cases. 


Special  Fund  for  Military  Service  Credit. 

(4)  (a)  The  special  fimd  for  military  service  credit  shall 
be  the  fund  provided  in  each  system  under  the  provisions  of 
sections  nine  and  nine  A  of  chapter  seven  hundred  and  eight 
of  the  acts  of  nineteen  hundred  and  forty-one,  as  amended 
by  chapter  four  hundred  and  nineteen  of  the  acts  of  nine- 
teen hundred  and  forty-three  and  as  may  be  further  amended, 
to  which  shall  be  credited  the  amount  appropriated  for  any 
fiscal  year,  as  provided  for  in  subdivision  (7)  of  this  section, 
for  the  purpose  of  establishing  the  amounts  which  would 
have  been  paid  into  such  system  as  regular  deductions  by 
members  thereof  on  military  leave  of  absence  from  the  gov- 
ernmental unit  by  which  they  were  employed  had  such  mem- 
bers remained  in  the  active  service  of  such  governmental 
unit.  Regular  interest  shall  be  transferred  to  the  special 
fund  for  mifitary  service  credit  as  provided  for  in  subdivision 
(6)  of  this  section. 

(6)  In  the  event  of  the  retirement  of  any  member  who  is 
a  veteran  for  whom  a  liability  has  been  established  in  the 
special  fund  for  military  service  credit,  an  amount  equal  to 
the  value  of  the  regular  deductions  credited  to  his  account 
under  the  provisions  of  the  aforesaid  sections  nine  and  nine  A 
for  the  period  of  his  mihtary  leave  of  absence,  together  with 
regular  interest  thereon  to  the  date  his  retirement  allowance 
becomes  effective,  shall  be  transferred  from  his  account  in 
such  fund  to  the  annuity  reserve  fund  of  such  system  and 
shall  be  added  to  and  merged  with  the  amount  of  his  accu- 
mulated regular  deductions  being  transferred  as  of  such  date 
from  the  annuity  savings  fund  of  such  system  to  the  annuity 
reserve  fund  thereof.  The  total  of  such  amounts  transferred 
on  his  account  shall  be  used  in  determining  the  amount  of 
the  regular  annuity  provided  for  him  under  the  provisions 
of  subdivision  (2)  of  section  twelve,  and  the  aggregate  of  his 
regular  deductions,  including  the  amount  thereof  transferred 
from  the  special  fimd  for  military  service  credit,  shall  be 
used  in  determining  the  normal  yearly  amount  of  his  retire- 
ment allowance  to  the  extent  such  allowance  is  dependent 
upon  the  amount  of  his  regular  deductions. 

(c)  In  the  event  of  the  withdrawal  from  the  system  of 
any  member  who  is  a  veteran  for  whom  a  liability  has  been 


Acts,  1945.  —  Chap.  658.  791 

established  in  the  special  fund  for  military  service  credit, 
or  in  the  event  of  his  death  before  any  retirement  allowance 
becomes  effective  for  him,  any  amount  being  held  to  the 
credit  of  his  account  in  the  special  fund  for  military  service 
credit  shall  be  released  and  used  to  reduce  the  amount  of 
the  next  appropriation  for  such  fund,  or  if  more  than  suffi- 
cient for  such  purpose,  then  to  the  extent  not  needed  there- 
for shall  be  transferred  as  of  December  thirtj^-first  of  such 
year  to  the  pension  fund  of  the  system. 

(d)  If  any  veteran  for  whom  a  liability  had  previously  Action  to  be 
been  established  in  the  special  fund  for  military  service  tw'^o^syrtpms 
credit  of  one  system  for  any  period  of  his  military  leave  of  involved. 
absence  while  a  member  of  such  system,  is  retired  while  a 
member  of  a  second  system,  an  amount  equal  to  the  value 
of  the  regular  deductions  with  which  he  was  credited  under 
the  provisions  of  the  aforesaid  sections  nine  and  nine  A  for 
such  period  of  his  military  leave  of  absence,  together  with 
regular  interest  thereon  to  the  date  his  retirement  allowance 
becomes  effective,  shall  be  paid  from  the  pension  fund  of 
the  first  system  at  the  date  of  his  retirement  and  transferred 
to  the  special  fund  for  military  service  credit  of  the  second 
system  to  be  credited  to  his  account  therein,  and  thereafter 
such  account  shall  be  handled  in  the  manner  set  forth  in 
paragraph  (b)  of  this  subdivision;  provided,  that  such  trans- 
fer shall  be  made  and  credit  for  such  period  of  his  military 
leave  of  absence  allowed  only  if  he  has  transferred  his  mem- 
bership from  the  first  system  to  the  second  system  as  pro- 
vided for  in  paragraph  (8)  (a)  of  section  three,  or  only  if 
and  only  to  the  extent  he  has  re-established  credit  for  his 
former  membership  by  paying  into  the  annuity  savings  fund 
of  the  second  system  the  make-up  payments  provided  for  in 
paragraph  (8)  (b)  of  such  section. 

Expense  Fund. 

(5)  The  expense  fund  of  each  system  shall  be  the  fund  Expense  fund. 
to  which  shall  be  credited  the  amount  appropriated  for  any 

fiscal  year,  as  provided  for  in  subdivision  (7)  of  this  section, 
for  the  purpose  of  providing  for  the  payment  of  all  expenses 
of  administration  of  the  system  for  such  year,  and  from 
which  all  such  expenses  shall  be  paid. 

Investment  Income  Account  and  Regular  Interest. 

(6)  (a)  All  income  in  each  system  derived  from  the  in-  credit  for 
terest  and  dividends  earned  on  the  invested  funds  of  the  Interest  o" 

.  ,  J      11    1  11  .         invested  funds. 

system  dunng  any  calendar  year  shall  be  credited  to  an  m- 
vestment  income  account.     Upon  the  payment  or  transfer  Transfer  of 
of  funds  from  any  member's  account  during  any  year,  the  [o^me^mblr^r^' 
amount  of  any  regular  interest  to  be  credited  for  such  year  !i<-count. 
to  his  account  in  the  annuity  savings  fund  of  the  system 
upon  his  withdrawal,  death  or  retirement,  and  the  amount 
of  any  regular  interest  to  be  credited  for  such  year  to  his 
account,  if  any,  in  the  special  fund  for  military  service  credit 


792 


Acts,  1945.  — Chap.  658. 


Transfer  to 
other  funds. 


"  Regular 
interest" 
defined. 


upon  his  retirement,  shall  be  transferred  to  such  accounts 
from  such  investment  income  account.  Any  balance  re- 
maining in  such  investment  income  account  at  the  close  of 
business  on  December  thirty-first  of  such  year  shall  be  trans- 
ferred to  the  several  funds  of  the  system  as  follows: 

(i)  Amounts  equal  to  the  amounts  of  regular  interest  to 
be  credited  for  such  year  to  the  accounts  in  the  annuity 
savings  fund  and  in  the  special  fund  for  militarj'-  service 
credit  of  all  members  for  whom  accounts  exist  therein  as  of 
the  end  of  such  year,  shall  be  transferred  to  such  funds  and 
credited  to  the  accounts  of  such  members; 

(ii)  An  amount  of  interest  computed  at  the  annual  rate 
set  forth  in  the  definition  of  actuarial  equivalent  appearing 
in  section  one  shall  be  determined  on  the  basis  of  the  aver- 
age of  the  balances  outstanding  in  the  annuity  reserve  fund 
on  the  first  day  of  each  month  during  such  year  and  shall 
be  transferred  to  such  fund;  and 

(iii)  Any  balance  remaining  in  the  investment  income  ac- 
count after  the  transfers  heretofore  provided  for  in  this  para- 
graph have  been  made,  shall  be  transferred  to  the  pension 
fund,  and  any  amount  by  which  such  balance  is  insufficient 
to  carry  out  the  preceding  provisions  of  this  paragraph  shall 
be  charged  to  the  pension  fund  and  credited  to  the  invest- 
ment income  account  for  the  purpose  of  making  up  the 
deficit. 

(6)  The  phrase  "regular  interest"  as  used  in  sections  one 
to  twenty-eight  inclusive  shall  mean  the  interest  credited 
to  any  member's  account  in  the  annuity  savings  fund  of  any 
system  during  the  period  of  his  membership  therein  or  to 
his  account  in  the  special  fund  for  military  service  credit 
during  such  period.  As  applied  to  such  interest  for  any 
period  prior  to  January  first,  nineteen  hundred  and  forty- 
six,  "regular  interest"  shall  mean  interest  at  the  rate  in 
effect  and  allowed  in  such  system  from  time  to  time  during 
such  period.  As  applied  to  such  interest  on  balances  out- 
standing in  any  such  accounts  as  of  the  commencement  of 
business  on  January  first,  nineteen  hundred  and  forty-six, 
or  as  applied  to  such  interest  credited  on  regular  deductions 
made  on  or  after  such  date  in  the  nature  of  make-up  pay- 
ments, or  otherwise,  on  account  of  service  rendered  by  any 
member  prior  to  such  date,  "regular  interest"  shall  mean 
interest  credited  at  the  rate  of  three  per  cent  per  annum. 
As  applied  to  such  interest  credited  on  all  other  regular  de- 
ductions and  on  all  additional  deductions  made  on  or  after 
January  first,  nineteen  hundred  and  forty-six,  and  on  all 
amounts  thereafter  transferred  from  any  member's  account 
in  the  annuity  savings  fund  or  from  his  account  in  the  spe- 
cial fund  for  mihtary  service  credit  in  any  contributory  re- 
tirement sj^stem  established  under  the  provisions  of  a  special 
law  to  his  account  in  the  corresponding  fund  of  a  system 
maintained  under  the  provisions  of  sections  one  to  twenty- 
eight  inclusive,  "regular  interest"  for  the  calendar  years 
nineteen  hundred  and  forty-six  and  nineteen  hundred  and 


Acts,  1945.  —  Chap.  65S.  793 

forty-seven  shall  mean  interest  credited  at  the  rate  of  three 
per  cent  per  annum,  and  for  any  subsequent  calendar  year 
shall  mean  interest  credited  at  the  average  earned  rate 
which  shall  be  determined  by  the  actuary  from  the  invest- 
ment earnings  of  all  systems  maintained  under  the  provi- 
sions of  said  sections  and  which  shall  be  calculated  on  the 
basis  of  data  contained  in  the  annual  statements  of  such 
latter  systems  filed  in  the  office  of  the  commissioner  of  in- 
surance for  the  second  calendar  year  preceding  that  for 
which  such  rate  is  to  be  applied.  Such  average  earned  rate 
shall  be  taken  to  the  nearest  tenth  of  one  per  cent  and  shall 
be  obtained  from  the  ratio  which  the  total  income  derived 
from  the  interest  and  dividends  earned  on  the  invested  funds 
of  all  such  systems  during  the  calendar  year  covered  by  such 
annual  statements  bears  to  the  mean  of  the  total  ledger 
assets  of  all  such  systems  at  the  beginning  and  end  of  such 
year. 

(c)  Regular  interest  credited  on  or  after  January  first,  To  be  rom- 
nineteen  hundred  and  forty-six,  shall  be  compounded  annu-  ummaiiy. 
ally  on  December  thirty-first  of  each  year,  and  subject  to 

the  provisions  of  paragraph  (d)  of  this  subdivision  shall  be 
allowed  upon  the  balance  outstanding  in  each  member's 
account  as  of  the  immediately  preceding  December  thirty- 
first.  No  interest  shall  be  allowed  on  regular  deductions  or  interest  not 
on  additional  deductions  for  the  year  in  which  they  are  eeluhl'l^ases. 
made;  except,  that  in  the  case  of  any  make-up  payment  of 
regular  deductions  paid  in  full  in  one  sum  for  deposit  in  any 
member's  account  in  the  annuity  savings  fund  of  any  sys- 
tem, or  in  the  case  of  any  amount  transferred  from  his 
account  in  the  annuity  savings  fund  or  in  the  special  fund 
for  military  service  credit  of  one  system  for  deposit  in  his 
account  in  the  corresponding  fund  of  another  sj^stem,  regu- 
lar interest  shall  be  allowed  upon  such  sum  or  amount  from 
the  date  of  deposit  if  such  date  is  the  first  day  of  a  month, 
otherwise  regular  interest  shall  be  allowed  from  the  first 
day  of  the  month  immediately  following  such  date  of  de- 
posit. Upon  the  payment  or  transfer  during  any  year  of 
funds  from  any  member's  account  in  the  annuity  savings 
fund  of  any  system,  or  upon  the  transfer  during  any  year 
of  funds  from  his  account  in  the  special  fund  for  military 
service  credit,  regular  interest  shall,  subject  to  the  provi- 
sions of  paragraph  (d)  of  this  subdivision,  be  allowed  upon 
the  balance  outstanding  in  his  account  as  of  the  immediately 
preceding  December  thirty-first,  and  also  upon  any  deposit 
made  for  him  during  any  year  under  the  provisions  set  forth 
in  the  exception  appearing  in  the  preceding  sentence  of  this 
paragraph,  for  the  number  of  completed  months  which  have 
elapsed  between  such  December  thirty-first  or  the  date  of 
such  deposit,  as  the  case  may  be,  and  the  date  of  the  pay- 
ment or  transfer  of  the  funds  from  his  account. 

(d)  Anything  in  this  subdivision  to  the  contrary  not  with-  Regular  in- 
standing,  regular  interest  in  the  case  of  any  member  inactive  lifcertaHrca^sei" 
whose  service  was  terminated  prior  to  January  first,  nine- 


794 


Acts,  1945.  —  Chap.  658. 


Appropiiutioni 
to  certain 
funds. 


Payments 
to  state 
employees' 
retirement 
system. 


Payments 
to  teachers' 
retirement 
system. 


teen  hundred  and  forty-six,  shall  be  allowed  upon  any  bal- 
ance outstanding  in  his  account  on  such  date  only  in  ac- 
cordance with  and  to  the  extent  permitted  under  the  pro- 
visions of  the  law  applicable  to  him  and  in  effect  on  the  date 
of  his  termination  of  service.  In  the  case  of  any  member 
whose  service  is  terminated  on  or  after  January  first,  nine- 
teen hundred  and  forty-six,  regular  interest  shall  continue 
to  accrue  on  any  balance  in  his  account,  but  no  regular  in- 
terest shall  be  included  in  the  amount  of  any  accumulated 
total  deductions  which  are  to  be  paid  to  the  member  under 
the  provisions  of  subdivision  (1)  of  section  eleven  for  any 
period  after  the  expiration  of  two  years  from  the  end  of  the 
month  immediately  preceding  the  date  of  his  termination 
of  service.  Upon  the  payment  to  the  member  of  the  amount 
of  his  accumulated  total  deductions,  any  regular  interest 
already  credited  to  his  account  which  is  not  to  be  included 
in  such  amount  under  the  provisions  of  this  paragraph, 
shall  thereupon  be  transferred  from  his  account  in  the 
annuity  savings  fund  of  the  system  to  the  pension  fund 
thereof. 

Appropriations. 

(7)  In  order  to  effectuate  the  provisions  of  sections  one  to 
twenty-eight  inclusive,  and  to  provide  for  each  system  the 
amounts  required  for  the  pension  fund,  the  special  fund  for 
military  service  credit  and  the  expense  fund  described  in 
subdivisions  (3),  (4)  and  (5),  respectively,  of  this  section, 
the  following  provisions  are  hereby  made: 

(a)  State  Employees'  Retirement  System.  —  The  state  board 
of  retirement  shall,  on  or  before  October  fifth  in  each  year, 
furnish  the  actuary  with  such  information  as  he  may  re- 
quire to  enable  him  to  determine  the  amount  to  be  paid  for 
the  pension  fund  of  the  state  employees'  retirement  system 
by  the  commonwealth  for  the  fiscal  year  commencing  on 
the  next  following  July  first.  The  actuary  shall,  on  or 
before  the  October  fifteenth  immediately  preceding  such 
fiscal  year,  determine  such  amount  and  specify  in  a  written 
notice  to  said  board  the  amount  so  required  to  be  paid. 
Upon  tlie  receipt  of  such  notice,  the  board  shall  certify 
forthwith  to  the  state  treasurer  the  amounts  necessary  to 
be  appropriated  and  paid  for  such  fiscal  year  by  the  com- 
monwealth for  the  three  aforesaid  funds  of  the  state  em- 
ployees' retirement  system,  and  items  of  appropriation  pro- 
viding for  such  amounts  shall  be  included  in  the  appropria- 
tions for  such  fiscal  year  for  the  department  of  the  state 
treasurer  to  be  allocated  to  the  division  of  the  state  board  of 
retirement  for  the  several  funds  of  such  system. 

(6)  Teachers'  Retirement  System.  —  The  teachers'  retire- 
ment board  shall,  on  or  before  October  fifth  in  each  year, 
furnish  the  actuary  with  such  information  as  he  may  re- 
quire to  enable  him  to  determine  the  amount  to  be  paid  for 
the  pension  fund  of  the  teachers'  retirement  system  by  the 
commonwealth  for  the  fiscal  year  commencing  on  the  next 


Acts,  1945.  — Chap.  658.  795 

following  July  first.  The  actuary  shall,  on  or  before  the 
October  fifteenth  immediately  preceding  such  fiscal  year, 
determine  such  amount  and  specify  in  a  written  notice  to 
said  board  the  amount  so  requirecl  to  be  paid.  Upon  the 
receipt  of  such  notice,  the  board  shall  certify  forthwith  to 
the  commissioner  of  education  the  amounts  necessary  to  be 
appropriated  and  paid  for  such  fiscal  year  by  the  common- 
wealth for  the  three  aforesaid  funds  of  the  teachers'  retire- 
ment system,  and  items  of  appropriation  providing  for  such 
amounts  shall  be  included  in  the  appropriations  for  such 
fiscal  year  for  the  department  of  education  to  be  allocated 
to  the  division  of  the  teachers'  retirement  board  for  the 
several  funds  of  such  system. 

(c)  Systems  for  Counties,  Cities  and  Toivns.  —  (i)  The  re-  Payments  to 
tirement  board  of  each  county,  city  or  town  contributory  and"town  *^ 
retirement  system  maintained  under  the  provisions  of  sec-  systems. 
tions  one  to  twenty-eight  inclusive,  shall,  on  or  before 
October  fifteenth  in  each  year,  furnish  the  actuary  with 
such  information  as  he  may  require  to  enable  him  to  de- 
termine the  amount  to  be  paid  for  the  pension  fund  thereof 
for  the  fiscal  year  commencing  on  the  next  following  Janu- 
ary first.  The  actuary  shall,  on  or  before  the  December 
fifteenth  immediately  preceding  such  fiscal  j^ear,  determine 
such  amount  and  specify  in  a  written  notice  to  said  board 
the  amount  so  required  to  be  paid.  The  amounts  to  be  paid 
for  the  three  aforesaid  funds  of  an}^  such  system  for  any 
such  fiscal  year,  shall  be  allocated  to  each  governmental 
unit  the  employees  of  which  are  members  of  any  such  sys- 
tem, in  the  proportion  that  the  aggregate  of  the  annual 
rates  of  regular  compensation  of  all  members  in  service  of 
such  system  who  are  employees  of  any  such  governmental 
unit  at  the  close  of  business  on  the  September  thirtieth  im- 
mediately preceding  such  fiscal  year,  bears  to  the  total  of 
such  aggregates  for  all  members  in  service  of  such  system 
on  such  date. 

(ii)  The  board  of  each  such  county  contributory  retire- 
ment system  shall,  on  or  before  the  January  first  next  follow- 
ing the  receipt  of  such  notice  from  the  actuary,  certify  to  the 
county  commissioners  of  any  such  county  the  amounts  neces- 
sary to  be  paid  for  such  fiscal  year  for  the  three  aforesaid  funds 
of  any  such  system  by  each  governmental  unit  the  employees 
of  which  are  members  thereof.  Items  of  appropriation  pro- 
viding for  any  such  amounts  allocated  to  such  county  shall 
be  included  in  the  appropriations  for  such  fiscal  year  for 
such  county  for  the  several  funds  of  such  system.  Any  such 
amounts  allocated  to  any  hospital  district  the  employees  of 
which  are  members  of  such  system,  shall  be  assessed  by  such 
county  commissioners  in  January  of  such  fiscal  year  with 
the  assessments  for  maintenance  of  such  hospital  district 
made  in  accordance  with  section  eighty-five  of  chapter  one 
hundred  and  eleven,  and  shall  be  collected  in  the  same  man- 
ner as  therein  provided  and  paid  to  the  treasurer-custodian 
of  such  system  to  be  credited  to  the  several  funds  thereof. 


796 


Acts,  1945.  —  Chap.  658. 


Deficiencies 
to  be  charged 
against  next 
regular  appro- 
priation. 


Such  county  commissioners  shall,  upon  the  receipt  of  such 
certification  from  such  county  retirement  board,  certify  forth- 
with to  the  board  of  selectmen  of  each  town  and  to  the  treas- 
urer or  other  disbursing  officer  of  each  district  the  employees 
of  which  in  either  case  are  members  of  such  system,  the 
amounts  which  have  been  allocated  to  such  town  or  district 
and  the  amounts  so  certified  shall  be  appropriated  and  paid 
thereby  to  the  treasurer-custodian  of  such  system  to  be 
credited  to  the  several  funds  thereof. 

(iii)  The  board  of  each  such  city  or  town  contributory  re- 
tirement system  shall,  on  or  before  the  January  first  next 
following  the  receipt  of  such  notice  from  the  actuary,  cer- 
tify to  the  mayor  in  a  city  or  to  the  board  of  selectmen  in  a 
town,  as  the  case  may  be,  and  to  the  treasurer  or  other  dis- 
bursing officer  of  each  district  the  employees  of  which  are 
members  of  any  such  system,  the  amounts  necessary  to  be 
paid  for  such  fiscal  year  for  the  three  aforesaid  funds  of  such 
system  which  have  been  allocated  to  such  city,  town  or  dis- 
trict, and  the  amounts  so  certified  shall  be  appropriated  and 
paid  therebj'  to  the  treasurer-custodian  of  such  system  to  be 
credited  to  the  several  funds  thereof.  Such  amounts  as  the 
actuary  deems  necessary  to  cover  the  requirements  of  any 
such  system  for  the  period  prior  to  the  date  when  the  first 
regular  annual  appropriation  is  due  from  any  governmental 
imit  the  employees  of  which  become  eligible  for  membership 
in  such  system;  shall  be  paid  into  the  several  funds  thereof 
by  special  appropriations  of  such  governmental  unit. 

(iv)  If  any  governmental  unit  fails  to  include  any  amounts 
so  certified  in  its  appropriations  for  such  fiscal  year,  the  as- 
sessors or  other  taxing  authorities  shall  nevertheless  include 
such  amounts  in  the  next  tax  levy.  All  amounts  so  certified 
shall  be  a  legal  obligation  of  any  such  governmental  unit 
and  may  be  recovered  in  an  action  of  contract  by  the  retire- 
ment board  of  any  such  contributory  retirement  system. 

(d)  Such  amounts  as  are  necessary  to  cover  the  require- 
ments or  meet  any  deficiencies  of  any  fund  of  any  system 
prior  to  the  date  when  an  appropriation  or  assessment  is 
available,  shall  be  paid  from  any  available  funds  in  the 
treasury  of  the  governmental  unit  obligated  by  law  to  sup- 
port such  system  and  charged  against  the  next  regular  appro- 
priation or  assessment,  as  the  case  may  be. 


Unpaid 

investnieut 

committee. 


MANAGEMENT   OF   FUNDS. 

State  Employees'  Retirement  System  and  Teachers'  Retirement 

System. 

Section  23.  (1)  (a)  There  shall  be  an  unpaid  investment 
connnittee  which  shall  have  general  supervision  of  the  in- 
vestment and  reinvestment  of  the  fluids  of  the  state  em- 
ployees' retirement  system  and  of  the  teachers'  retirement 
system.  Such  committee  shall  consist  of  three  members  as 
follows :  the  state  treasurer  who  shall  be  a  member  ex  officio 


Acts,  1945. —  Chap.  658.  797 

and  who  shall  serve  as  chairman,  the  commissioner  of  banks 
who  shall  be  a  member  ex  officio,  and  a  third  member  who 
shall  be  qualified  by  training  and  experience  in  the  invest- 
ment of  funds  as  the  result  of  having  been  principally  em- 
ployed in  such  occupation  for  a  period  of  at  least  ten  years 
and  who  shall  be  chosen  by  the  other  two  for  a  term  of  three 
years.  If  a  third  member  is  not  chosen  by  the  other  two 
members  before  February  first,  nineteen  hundred  and  forty- 
six,  in  the  first  instance,  and  thereafter  within  thirty  days 
after  the  expiration  of  the  term  of  the  third  member,  the 
governor  shall  appoint  a  third  member  for  a  term  of  three 
years.  Each  member  of  such  committee  shall  continue  to 
hold  office  until  the  expiration  of  his  term  and  until  the 
qualification  of  his  successor.  The  state  treasurer  shall  fur- 
nish such  clerical  assistants  as  may  be  required  to  carry  on 
the  work  of  the  investment  committee. 

(b)  The  state  treasurer  shall  be  the  treasurer-custodian  of  state  treasurer 
the  state  employees'  retirement  system  and  of  the  teachers'  of  funda'^and* "^"^^ 
retirement  system  and  shall  have  the  custody  of  the  funds  gtatL^enf  T^ 
and  securities  of  each  such  system.  Subject  in  each  instance  ees-  retirement 
to  the  approval  of  the  investment  committee  established  un-  teachTrs^"ret?/e- 
der  the  provisions  of  paragraph  (a)  of  this  subdivision,  the  '"ent  system. 
state  treasurer  shall  invest  and  reinvest  such  funds,  to  the 

extent  not  required  for  ciu-rent  disbursements,  in  bonds  which 
are  legal  for  the  investment  of  funds  of  savings  banks  under 
the  laws  of  the  commonwealth;  provided,  that  the  percent- 
age of  the  total  amount  of  all  the  funds  of  each  such  system 
which  may  be  invested  in  any  one  class  of  such  bonds  shall 
not  exceed  the  percentage  of  the  total  amount  of  all  the  de- 
posits of  any  savings  bank  which  may  be  so  invested.  The 
funds  of  each  such  system  shall  be  invested  separately.  Pay- 
ments from  the  funds  of  each  such  sj'-stem  shall  be  made  by 
the  state  treasurer  only  upon  vouchers  signed  by  two  per- 
sons designated  by  the  respective  boards  of  such  systems  by 
a  vote  a  duly  attested  copy  of  which,  bearing  upon  its  face 
specimen  signatures  of  such  persons,  shall  be  filed  with  the 
state  treasurer  as  his  authority  for  making  payments  upon 
vouchers  so  signed. 

(c)  The  state  treasurer  shall  annually,  on  or  before  March  Swom  state- 
first,  file  in  the  office  of  the  commissioner  of  insurance  and  financfai  ° 
with  the  secretary  of  the  appropriate  board,  on  a  form  pre-  °""'^'*'""- 
scribed  by  the  commissioner,  a  sworn  statement  of  the  finan- 
cial condition  of  each  such  system  as  of  December  thirty- 
first  of  the  previous  j^ear.     The  board  of  each  such  system 

shall,  subject  to  the  same  conditions  and  requirements,  file 
in  the  office  of  the  commissioner  of  insurance  a  sworn  state- 
ment of  the  financial  condition  of  such  system  as  of  Decem- 
ber thirty-first  of  the  previous  year  and  of  all  the  financial 
transactions  thereof  during  the  previous  year.  The  commis- 
sioner may  for  cause  shown  extend  the  time  for  filing  any 
such  statement. 


798 


Acts,  1945.    -Chap.  658. 


County,  city 
or  town  treas- 
urer to  have 
custody  of 
funds  of  system 
established 
under  §§  1-28, 
inc'. 


Investment  of 
system  funds. 


Designation  of 
depositories. 


Penalty  for 
investment  by 
unauthorized 
persons. 


Systems  for  Counties,  Cities  and  Towns. 

(2)  (a)  The  county,  city  or  town  treasurer  shall  be  the 
treasurer-custodian  of  the  system  established  under  the 
provisions  of  sections  one  to  twenty-eight  inclusive,  or 
under  corresponding  provisions  of  earlier  laws,  in  any 
county,  city  or  town,  as  the  case  may  be,  and  shall  have  the 
custody  of  the  funds  of  any  such  system.  Payments  from 
such  funds  shall  be  made  by  him  only  upon  vouchers  signed 
by  two  persons  designated  by  the  board  of  any  such  system 
by  a  vote  a  duly  attested  copy  of  which,  bearing  upon  its 
face  specimen  signatures  of  such  persons,  shall  be  filed  with 
the  treasurer-custodian  as  his  authority  for  making  pay- 
ments upon  vouchers  so  signed.  No  voucher  shall  be  drawn 
unless  it  shall  have  been  previously  authorized  by  vote  of 
the  board. 

(6)  The  board  of  each  such  system  shall  invest  and  re- 
invest the  funds  of  such  system,  to  the  extent  not  required 
for  current  disbursements,  as  follows: 

(i)  In  securities,  other  than  mortgages  or  collateral  loans, 
which  are  legal  for  the  investment  of  funds  of  savings  banks 
under  the  laws  of  the  commonwealth;  provided,  that  the 
percentage  of  the  total  amount  of  all  the  funds  of  any  such 
system  which  may  be  invested  in  any  one  class  of  such 
securities  shall  not  exceed  the  percentage  of  the  total  amount 
of  all  the  deposits  of  any  savings  bank  which  may  be  so 
invested ; 

(ii)  In  deposits  in  the  savings  funds  of  savings  banks 
organized  under  the  laws  of  the  commonwealth;   and 

(iii)  In  serial,  paid-up  or  matured  shares  of  co-operative 
banks  organized  under  the  laws  of  the  commonwealth;  pro- 
vided, that  not  more  than  twenty  per  cent  of  the  total 
amount  of  all  the  funds  of  any  such  system  shall  be  invested 
in  such  shares. 

(c)  The  board  of  each  such  system  shall  designate  one  or 
more  banks  or  trust  companies,  organized  under  the  laws  of 
the  commonwealth  or  of  the  United  States,  in  which  the 
treasurer-custodian  shall  keep  on  deposit  such  sums  as  may 
be  required  for  current  disbursements;  provided,  that  any 
such  sum  on  deposit  in  any  one  bank  or  trust  company  shall 
not  exceed  ten  per  cent  of  the  amount  of  the  paid-up  capital 
and  surplus  thereof.  The  board  shall  also  designate  one  or 
more  such  banks  or  trust  companies  in  which  the  securities 
of  the  system  shaU  be  kept  under  the  name  of  the  retire- 
ment system  in  one  or  more  safe  deposit  boxes.  Such  securi- 
ties shall  be  kept  under  the  joint  custodj^  of  the  treasurer- 
custodian  and  a  member  of  the  board  other  than  the  treas- 
urer-custodian, who  shall  be  designated  by  the  board. 

(d)  Any  board  or  member  thereof  or  any  person  who 
assists  such  board  or  member  in  the  purchase,  sale,  invest- 
ment or  reinvestment  of  the  funds  of  any  such  system, 
without  the  written  consent  of  the  commissioner  of  insur- 
ance after  notice  in  writing  by  him  to  desist  therefrom,  shall 
be  punished  as  provided  for  in  section  twenty-four. 


Acts,  1945.  —  Chap.  658.  799 

(e)  The  board  of  each  such  system  shall  annually,  on  or  Reports. 
before  March  first,  file  in  the  office  of  the  commissioner  of 
insurance,  on  a  form  prescribed  by  him,  a  sworn  statement 
of  the  financial  condition  of  such  system  as  of  December 
thirty-first  of  the  previous  year  and  of  all  the  financial 
transactions  thereof  during  the  previous  year.  The  com- 
missioner may  for  cause  shown  extend  the  time  for  filing 
any  such  statement. 


VIOLATIONS   OF   CONTRIBUTORY   RETIREMENT   LAWS. 

Enforcement  oj  Provisions. 

Section  2^.  (1)  If  the  commissioner  of  insurance  is  of  ^u^r^s^dlction"'^'^ 
the  opinion  that  any  governmental  unit  or  any  officer  or 
employee  thereof,  or  the  state  board  of  retirement,  the 
teachers'  retirement  board  or  any  other  retirement  board 
subjett  to  the  provisions  of  sections  one  to  twenty-eight 
inclusive,  or  any  member  or  employee  of  any  such  board, 
has  violated  or  neglected  to  comply  with  any  provision  of 
such  sections,  or  the  rules  and  regulations  established  there- 
under, he  shall  give  notice  thereof  to  the  governor,  county 
commissioners,  the  mayor  or  the  board  of  selectmen,  as  the 
case  may  be,  and  to  the  retirement  board,  and  thereafter, 
if  such  violation  or  neglect  continues,  shall  forthwith  pre- 
sent the  facts  to  the  attorney  general  who  shall  take  appro- 
priate action.  The  superior  court  shall  have  jurisdiction  in 
equity  upon  petition  of  the  commissioner  of  insurance  or 
any  interested  party  to  compel  the  observance  and  to  re- 
strain the  violation  of  any  provision  of  sections  one  to 
twenty-eight  inclusive  and  of  the  rules  and  regulations 
established  thereunder. 

Penalties  for  Violations. 

(2)  Any  person  who  wilfully  refuses  or  neglects  to  comply  Penalty, 
with  any  provision  of  sections  one  to  twenty-eight  inclusive, 
or  any  rule  or  regulation  established  thereunder,  shall  be 
punished  by  a  fine  of  not  more  than  one  thousand  dollars 
or  imprisonment  for  not  more  than  one  year,  or  both. 


GUARANTEES   AND   EFFECTS   OF   AMENDMENTS   OR    REPEAL. 

Gitarantee  of  Minimum  Allowances. 

Section  25.  (1)  (a)  Any  member  in  service  who  was  a  Minimum 
member  on  December  thirty-first,  nineteen  hundred  and  gHa^n^teed. 
forty-five,  and  who,  having  creditable  service  for  a  period 
prior  thereto,  is  subsequently  retired  after  the  attainment 
of  an  age  and  the  completion  of  a  minimum  period  of  cred- 
itable service  which,  under  the  provisions  of  this  chapter  as 
in  effect  and  applicable  on  such  date  to  the  contributory 
retirement  system  of  which  he  was  then  a  member,  would 
have  entitled  him  to  a  yearly  amount  of  retirement  allow- 
ance not  less  than  the  minimum  amount  specified  therefor 


800 


Acts,  1945.  —  Chap.  658. 


in  such  provisions,  shall  receive  a  retirement  allowance  the 
normal  yearly  amount  of  which  shall  be  at  least  equal  to 
such  minimum  amount,  anything  to  the  contrary  in  sections 
one  to  twenty-eight  inclusive  notwithstanding. 
Same  .subject.  (/,)  Any  employeo  of  any  governmental  unit  in  which  a 
contributory  retirement  system  established  under  the  pro- 
visions of  a  special  law  previously  existed,  who  was  a  mem- 
ber of  such  system  on  the  date  when  a  new  system,  estab- 
lished under  the  provisions  of  sections  one  to  twenty-eight 
inclusive,  or  under  corresponding  provisions  of  earlier  laws, 
became  operative  therein,  and  who,  having  then  or  there- 
after become  a  member  of  such  new  system  with  creditable 
service  attributable  to  his  membership  in  the  previously 
existing  system,  is  retired  while  a  member  in  service  and 
after  the  attainment  of  an  age  and  the  completion  of  a 
minimum  period  of  creditable  service  which,  under  the  pro- 
visions of  such  special  law  as  in  effect  on  the  date  such  new 
system  became  operative,  would  have  entitled  him  to  a 
yearly  amount  of  retirement  allowance  not  less  than  the 
minimum  amount  specified  therefor  in  the  provisions  of 
such  special  law,  shall  receive  a  retirement  allowance  the 
normal  yearly  amount  of  which  shall  be  at  least  equal  to 
such  minimum  amount,  anything  to  the  contrary  in  sections 
one  to  twenty-eight  inclusive  notwithstanding. 


Allowances 
at  least  equal 
to  non-con- 
tributory 
pensions 
guaranteed. 


Guarantee  of  Allowances  at  least  Equal  to  Non-contributory 

Pensions. 

(2)  Any  member  in  service  who,  on  the  date  of  his  be- 
coming a  member,  was  employed  in  a  position  to  which  he 
was  appointed  prior  to  July  first,  nineteen  hundred  and 
thirty-seven,  and  under  which  he  had  inchoate  rights  to  any 
non-contributory  pension  under  the  provisions  of  this  chap- 
ter or  under  corresponding  provisions  of  earlier  laws  or  of 
any  other  general  or  special  law,  and  who  is  retired  while 
still  employed  in  the  same  position  or  in  a  similar  position 
in  the  same  governmental  unit  and  after  the  attainment  of 
an  age  and  the  completion  of  a  minimum  period  of  service 
which,  under  such  provisions,  would  have  entitled  him  to  a 
non-contributory  pension,  shall  receive  a  retirement  allow- 
ance the  normal  yearly  amount  of  which  shall  be  at  least 
equal  to  the  amount  of  such  non-contributory  pension, 
whether  or  not  he  may  have  signed  a  waiver  of  his  rights 
under  such  provisions  upon  becoming  a  member,  anj^hing 
to  the  contrary  in  sections  one  to  twenty-eight  inclusive 
notwithstanding. 


Veterans' 
rights  at 
retirement. 


Rights  of  Veterans  at  Retirement. 

(3)  (a)  Any  member  in  service  classified  as  a  veteran  re- 
ferred to  ill  sections  fifty-six  to  sixty  A  inclusive,  who  entered 
the  employ  of  any  governmental  unit  prior  to  July  first,  nine- 
teen hundred  and  thirty-nine,  shall  have  full  and  complete 


Acts,  1945. —  Chap.  658.  801 

rights  either  under  the  system  of  which  he  is  a  member 
or  under  the  provisions  of  sections  fifty-six  to  sixty  A  in- 
clusive, whether  or  not  he  may  have  signed  a  waiver  of  his 
rights  under  such  sections  upon  becoming  a  member  of  such 
system,  anything  to  the  contrary  in  the  provisions  of  this 
chapter  or  in  similar  provisions  of  earlier  laws  notwithstand- 
ing. Such  rights  shall  be  in  the  alternative  and  shall  be 
exercised  only  at  the  time  of  his  retirement.  If  a  member  is 
retired  under  the  provisions  of  sections  fifty-six  to  sixty  A 
inclusive,  he  shall,  upon  his  written  application  on  a  pre- 
scribed form  filed  with  the  board  in  which  he  waives  all  his 
rights  under  sections  one  to  twenty-eight  inclusive,  be  paid 
the  amount  of  the  accumulated  total  deductions  credited 
to  his  account  in  the  annuity  savings  fund  of  the  system  on 
the  date  of  his  retirement.  Nothing  contained  in  this  sub- 
division shall  permit  the  withdrawal  of  any  such  veteran 
from  membership  in  such  system  except  upon  termination 
of  his  service.  This  paragraph  shall  apply  only  to  such 
veterans  who  are  employees  of  the  commonwealth  or  met- 
ropolitan district  commission,  or  who  are  employees  in  a 
governmental  unit  which  has  accepted  sections  fifty-six  to 
sixty  A  inclusive  prior  to  January  first,  nineteen  hundred 
and  forty-six. 

(6)  The  normal  yearly  amount  of  any  retirement  allow-  Normal  yearly 
ance  of  any  member  who  is  a  veteran  as  defined  in  section  t^ce^rtain"'''^*'* 
one  shall  be  subject  to  the  provisions  of  chapter  seven  hun-  provisions. 
dred  and  eight  of  the  acts  of  nineteen  hundred  and  forty- 
one,  as  amended  by  chapters  one  hundred  and  seventy-two, 
four  hundred  and  nineteen,  and  five  hundred  and  forty- 
eight  of  the  acts  of  nineteen  hundred  and  forty-three,  and  as 
may  be  further  amended. 

Guarantee  of  Allowances  by  Governmental  Unit. 

(4)  The  payment  of  all  annuities,  pensions,  retirement  Guarantee  of 
allowances  and  refunds  of  accumulated  total  deductions  and  comn?onweaiTh 
of  any  other  benefits  granted  under  the  provisions  of  sec- 
tions one  to  twenty-eight  inclusive,  are  hereby  made  obli- 
gations of  the  commonwealth  in  the  case  of  any  such  pay- 
ments from  funds  of  the  state  employees'  retirement  system 

or  the  teachers'  retirement  system  and  obligations  of  the 
governmental  unit  in  which  the  system  is  established  in  the 
case  of  payments  from  funds  of  any  system  established  in 
any  county,  city  or  town. 

EJfects  of  Amendments  or  Re-peal. 

(5)  The  provisions  of  sections  one  to  twenty-eight  inclu-  Effects  of 
sive  may  be  altered  or  amended  from  time  to  time  or  may  '^wt^v^x^^^ 
be  repealed;   provided,  that  no  such  alteration,  amendment 

or  repeal  shall  be  deemed  to  reduce  the  amount  of  any  an- 
nuity, pension  or  retirement  allowance  granted  under  the 
provisions  of  such  sections  or  under  corresponding  provisions 


802 


Acts,  1945.  —  Chap.  658. 


of  earlier  laws  prior  to  the  date  any  such  alteration,  amend- 
ment or  repeal  becomes  effective,  or  to  affect  adversely  the 
rights  of  any  person  who  is  a  member  on  such  date,  with 
reference  to  total  deductions  previously  made  or  benefits  ac- 
crued on  account  of  any  service  rendered  by  him  prior  thereto. 


Definitions, 


RETIREMENT   OF  OFFICERS  AND   INSPECTORS   IN   THE   DEPART- 
MENT  OF   PUBLIC    SAFETY. 

"Officer"  and  "Rating  Board"  Defined. 

Section  26.  (1)  In  this  section,  unless  the  context  other- 
wise requires,  the  following  words  shall  have  the  following 
meanings : 

"Officer",  an  officer  of  the  division  of  state  poHce  in  the 
department  of  public  safety  appointed  thereto  under  sec- 
tion six  of  chapter  twenty-two  on  or  after  September  first, 
nineteen  hundred  and  twenty-one,  or  appointed  thereto  un- 
der section  nine  A  of  the  said  chapter. 

"Rating  board",  a  board  having  the  powers  and  duties 
provided  for  in  this  section,  and  consisting  of  the  state 
surgeon,  the  commissioner  of  public  health  and  the  com- 
missioner of  public  safety,  or  a  subordinate  designated  by 
any  of  them  from  time  to  time  by  a  writing  filed  in  the  office 
of  the  state  board  of  retirement. 


Retirement 
for  physical 
or  mental 
incapacity  in 
line  of  duty. 


Effective  date 
of  retirement. 


Amount  of 
payments. 


Retirement  for  Physical  or  Mental  Incapacity  Caused  by  Ill- 
ness or  Injury  Incurred  in  Performance  of  Duty. 

(2)  (a)  Any  member  in  service  classified  in  Group  C  who 
is  an  officer  of  the  division  of  state  police  in  the  department 
of  public  safety  shall  be  retired  by  the  state  board  of  retire- 
ment in  case  the  rating  board,  after  an  examination  of  such 
officer  by  a  registered  physician  appointed  by  it,  shall  report 
in  writing  to  the  state  board  of  retirement  that  such  officer 
is  physically  or  mentally  incapacitated  for  the  performance 
of  duty  by  reason  of  (i),  illness  incurred  through  no  fault  of 
his  own  in  the  actual  performance  of  duty,  or  (ii),  an  injury 
resulting  from  an  accident  occurring  during  the  performance 
and  within  the  scope  of  his  duty  and  without  contributory 
negligence  on  his  part,  and  that  such  incapacity  is  likely  to 
be  permanent. 

(6)  Upon  retirement  under  the  provisions  of  this  subdivi- 
sion a  member  shall  receive  a  retirement  allowance  to  be- 
come effective  on  the  date  of  his  retirement.  Payments  un- 
der such  allowance  shall  be  made  as  provided  for  in  sections 
twelve  and  thirteen  and  the  normal  yearly  amount  thereof 
shall  be  equal  to  the  sum  of  — 

(i)  A  yearly  amount  of  annuity  equal  to  the  yearly  amount 
of  the  regular  life  annuity  specified  in  clause  (i)  of  option  (a) 
of  subdivision  (2)  of  section  twelve;  and 

(ii)  A  yearly  amount  of  pension  equal  to  one  half  of  the 
annual  rate  of  his  regular  compensation  on  the  date  such  ill- 
ness or  injury  was  incurred,  or  equal  to  one  half  of  the  average 


Acts,  1945.  —  Chap.  658.  803 

annual  rate  of  his  regular  compensation  for  the  twelve-month 
period  for  which  he  last  received  regular  compensation  imme- 
diately preceding  the  date  his  retirement  allowance  becomes 
effective,  whichever  is  greater. 


Retirement  upon  Attaining  Age  Fifty-five   or  Expiration   of 
Twenty  Years  of  Service  for  Physical  or  Mental  Incapacity. 

(3)  (a)  Any  member  in  service  classified  in  Group  C  who  Applicable  to 
is  an  officer  or  inspector  whose  last  appointment  was  under  ^rWce^^Mi- 
section  six  of  chapter  twenty-two,  who  was  so  last  appointed  fiedin Group c 
on  or  after  September  first,  nineteen  hundred  and  twenty-one, 
and  who  has  performed  service  in  the  division  of  state  police 
or  in  the  division  of  inspections  in  the  department  of  public 
safety  for  not  less  than  twenty  years,  shall  be  retired  by  the 
state  board  of  retirement  upon  his  attaining  age  fifty-five  or 
upon  the  expiration  of  such  twenty  years,  whichever  last  oc- 
curs, unless  the  rating  board  certifies  to  the  commissioner  of 
public  safety  upon  examination  of  the  officer  or  inspector 
when  he  attains  age  fifty-five  and  annually  thereafter,  that 
the  mental  and  physical  condition  of  the  officer  or  inspector 
is  such  that  he  should  be  continued  in  his  employment,  but 
in  no  event  shall  any  such  officer  or  inspector  remain  in  serv- 
ice beyond  the  last  day  of  the  month  in  which  he  attains  age 
sixty-five.  Any  member  in  service  classified  in  Group  C  who 
is  an  officer  appointed  under  section  nine  A  of  chapter  twenty- 
two  and  who  has  performed  service  in  the  division  of  state 
police  in  the  department  of  public  safety  for  not  less  than 
twenty  years,  shall  be  retired  by  the  state  board  of  retire- 
ment upon  his  attaining  age  fifty  or  upon  the  expiration  of 
such  twenty  years,  whichever  last  occurs. 

(6)  Any  member  in  service  classified  in  Group  C  who  is  an  Retirement 
officer  or  inspector,  who  has  performed  service  in  either  of  the  board*.*''^ 
said  divisions  for  not  less  than  twenty  years  and  who  has  not 
attained  age  fifty-five,  or  age  fifty  in  the  case  of  an  officer 
appointed  under  the  said  section  nine  A,  shall  be  retired  by 
the  state  board  of  retirement  in  case  the  rating  board,  after 
an  examination  of  such  officer  or  inspector  by  a  registered 
physician  appointed  by  it,  shall  report  in  writing  to  the  state 
board  of  retirement  that  he  is  physically  or  mentally  inca- 
pacitated for  the  performance  of  duty  and  that  such  incapac- 
ity is  likely  to  be  permanent. 

(c)  Upon  retirement  under  the  provisions  of  this  subdi-  Amount  ot 
vision  a  member  shall  receive  a  retirement  allowance  to  be-  *"o'^8^"<'«^ 
come  effective  on  the  date  of  his  retirement.  Pajmients  un- 
der such  allowance  shall  be  made  as  provided  for  in  sections 
twelve  and  thirteen  and  the  normal  yearly  amount  thereof 
shall  be  equal  to  one  half  of  the  average  annual  rate  of  his 
regular  compensation  during  the  five-year  period  of  his  cred- 
itable service  immediately  preceding  the  date  his  retirement 
allowance  becomes  effective. 


804 


Acts,  1945. —  Chap.  658. 


Cciluin  soctions 
not  applii;al)li^ 
to  member 
classified  in 
Giou|)  C. 


Inconsistent  Provisions. 

(4)  Sections  five,  six,  eight  and  sixteen,  subdivisions  (1)  to 
(3)  inclusive  of  section  ten,  and  all  other  provisions  of  sec- 
tions one  to  twenty-eight  inclusive  which  are  inconsistent 
with  any  provisions  of  this  section,  shall  not  apply  to  any 
member  classified  in  Group  C.  Section  seven  shall  not  apply 
to  any  member  so  classified  to  whom  the  provisions  of  sub- 
division (2)  of  this  section  are  applicable. 


All  assets  to 
be  credited  to 
appropriate 
fund. 


Credits  to 
annuity  sav- 
ings fund. 


DISPOSITION    OF    FUNDS   AS   OF   JANUARY    1,    1946. 

Section  27.  All  the  assets  of  each  system  as  they  exist  at 
the  commencement  of  business  on  January  first,  nineteen 
hundred  and  forty-six,  shall,  as  of  such  date  and  as  soon 
thereafter  as  is  practicable,  be  credited  by  the  board  to  one 
of  the  five  funds  of  the  system  enumerated  in  section  twenty- 
two  in  the  manner  hereinafter  described  in  this  section.  The 
board  shall,  subject  to  the  approval  of  the  actuary,  transfer 
as  of  such  date  such  amounts  from  one  fund  to  another  within 
the  system  as  may  be  necessary  to  effectuate  the  purposes  of 
this  section. 

Annuity  Savings  Fund. 

(1)  (a)  There  shall  be  transferred  from  the  previously 
existing  annuity  savings  fund  or  annuity  fund  of  each  sj-s- 
tem,  as  the  case  maj^  be,  and  credited  to  the  annuity  sav- 
ings fund  established  for  the  corresponding  system  under 
the  provisions  of  subdivision  (1)  of  section  twenty-two,  an 
amount  equal  to  the  sum  of  the  total  accumulated  regular 
deductions  and  the  total  accumulated  additional  deductions, 
if  any,  credited  to  the  accounts  of  all  members  of  the  sys- 
tem as  of  the  aforesaid  date. 

(6)  Any  amounts  being  held  in  the  previously  existing  an- 
nuity savings  fund  of  any  system  as  of  such  date,  remaining 
from  sums  appropriated  by  a  governmental  unit  for  the  bene- 
fit of  linemen  under  the  provisions  of  paragraph  (2)  (g)  of 
section  twenty-nine  of  this  chapter  as  in  effect  on  December 
thirty-first,  nineteen  hundred  and  forty-five,  shall  be  trans- 
ferred and  credited  to  the  pension  fund  established  for  such 
system  under  the  provisions  of  subdivision  (3)  of  section 
twenty-two. 

(c)  Any  amounts  being  held  in  the  previously  existing  an- 
nuity savings  fund  or  annuity  fund  of  any  system,  as  the 
case  may  be,  as  of  such  date,  remaining  from  sums  appro- 
priated by  a  governmental  unit  for  the  benefit  of  veterans 
under  the  provisions  of  chapter  seven  hundred  and  eight  of 
the  acts  of  nineteen  hundred  and  forty-one,  as  amended  from 
time  to  time,  shall  be  transferred  and  credited  to  the  special 
fund  for  military  service  credit  established  for  such  system 
under  the  provisions  of  subdivision  (4)  of  section  twenty-two. 

(d)  Any  amounts  remaining  in  the  previously  existing  an- 
nuity savings  fund  or  annuity  fund  of  any  system,  as  the 


eserve 


Acts,  1945.  —  Chap.  658.  805 

case  may  be,  after  the  disposition  of  funds  as  provided  for  in 
paragraphs  (a),  (6)  and  (c)  of  this  subdivision,  and  any  sur- 
plus however  described,  shall  be  transferred  and  credited  to 
the  annuity  reserve  fund  established  for  such  system  under 
the  pro\'isions  of  subdivision  (2)  of  section  twonty-two. 

Annuity  Reserve  Fund. 

(2)  (a)  All  amounts  being  held  in  the  previously  existing  credits  to 
annuity  reserve  fund  of  any  system  as  of  the  aforesaid  date,  ^"",f  *-^ ' 
and  all  amounts  specified  in  paragraph  (1)  {d)  of  this  section 
belonging  to  such  system,  shall  be  transferred  and  credited 
to  the  annuity  reserve  fund  established  for  such  system  un- 
der the  provisions  of  subdivision  (2)  of  section  twenty-two. 

(6)  The  board  of  each  system  shall,  as  of  such  date  and 
as  soon  thereafter  as  is  practicable,  furnish  to  the  actuary, 
on  a  form  prescribed  by  him,  a  complete  and  accurate  list 
of  all  retired  members  who  are  receiving  annuity  payments 
from  the  system,  showing  the  sex,  date  of  birth,  amount  of 
yearly  annuity  payment,  form  of  annuity  and  interval  of 
payment  with  respect  to  each  such  member,  together  with 
such  other  information  as  the  actuary  may  request.  Upon 
the  receipt  of  such  information,  the  actuary  shall  determine 
the  total  amount  of  the  annuity  reserve  as  of  such  date  for 
each  system  and  shall  thereupon  notify  each  board  in  writ- 
ing of  the  amount  thereof  for  the  system  over  which  the 
board  has  jurisdiction. 

(c)  If  the  total  amount  credited  to  the  annuity  reserve 
fund  of  any  system  as  of  such  date  as  provided  for  in  para- 
graph (a)  of  this  subdivision  is  in  excess  of  the  total  amount 
of  the  annuity  reserve  determined  for  such  system  under 
the  provisions  of  paragraph  (6)  of  this  subdivision,  the 
amount  of  such  excess  shall  be  transferred  and  credited  to 
the  pension  fund  established  for  such  S3^stem  under  the  pro- 
visions of  subdivision  (3)  of  section  twenty-two.  If  the 
total  amount  so  credited  to  the  annuity  reserve  fund  is  less 
than  the  total  amount  of  the  annuity  reserve  so  determined 
for  such  system,  the  deficiency  shall  be  made  up  to  the 
extent  possible,  by  transferring  from  the  pension  fund  of 
such  sj'stem  and  crediting  to  the  annuity  reserve  fund  thereof 
an  amount  equal  to  such  deficiency  or  such  lesser  amount, 
as  determined  by  the  actuary,  as  shall  be  available  and  not 
required  for  current  pension  payments. 

Other  Funds. 

(3)  (a)  All  amounts  being  held  in  the  previously  existing  credits  to 
pension  fund,  pension  accumulation  fund  or  pension  re-  '**^'''"  ^""^^• 
serve  fund  of  any  system,  as  the  case  may  be,  as  of  the 
aforesaid  date,  and  all  amounts  specified  in  paragraph  (1) 
(6)  of  this  section  and  the  amount  of  any  excess  specified  in 
the  first  sentence  of  paragraph  (2)  (c)  of  this  section  belong- 
ing to  such  system,  shall  be  transferred  and  credited  as  soon 
as  practicable  to  the  pension  fund  established  for  such  sys- 


806 


Aciti,  1945. —  Chap.  (558. 


tern  under  the  provisions  of  subdivision  (3)  of  section 
twenty-two.  The  amount  of  any  deficiency  specified  in  the 
second  sentence  of  paragraph  (2)  (c)  of  this  section,  shall, 
to  the  extent  available  and  not  required  for  current  pension 
payments,  be  transferred  as  soon  as  practicable  from  the 
pension  fund  to  the  annuity  reserve  fund  of  such  system. 

(6)  All  amounts  being  held  as  of  the  aforesaid  date  in  the 
previously  existing  special  fund  for  military  service  credit 
established  in  any  system,  and  all  amounts  specified  in 
paragraph  (1)  (c)  of  this  section  belonging  to  such  system, 
shall  be  transferred  and  credited  to  the  special  fund  for 
military  service  credit  established  for  such  sj^stem  under 
the  provisions  of  subdivision  (4)  of  section  twenty-two. 

(c)  All  amounts  being  held  in  the  previously  existing  ex- 
pense fund  of  any  system  as  of  the  aforesaid  date,  shall  be 
transferred  and  credited  to  the  expense  fund  established 
for  such  system  under  the  provisions  of  subdivision  (5)  of 
section  twenty-two. 


Acceptance  by 
towns  with 
no  system 
except  for 


ACCEPTANCE   OF   ACT. 

Acceptance  by  Towns. 

Section  28.  (1)  At  the  state  election  in  nineteen  hun- 
dred and  forty-six  and  at  each  state  election  thereafter, 
sections  one  to  twenty-eight  inclusive  shall  be  submitted 
for  acceptance  to  the  registered  voters  of  each  town  which 
has  not  accepted  for  all  of  its  employees  except  teachers  the 
applicable  provisions  of  such  sections  or  corresponding  pro- 
visions of  earlier  laws.  Submission  for  acceptance  by  any 
such  town  shall  be  in  the  form  of  the  following  question 
which  shall  be  printed  upon  the  official  ballot  to  be  used  at 
such  state  election — "Shall  sections  one  to  twenty-eight 
inclusive  of  chapter  thirty-two  of  the  General  Laws,  au- 
thorizing any  city  or  town  to  establish  a  contributory  re- 
tirement system  for  its  employees,  be  accepted  by  this  town 
as  applicable  to  all  of  its  employees  except  teachers  who  are 
eligible  for  membership  in  the  teachers'  retirement  system?" 
If  a  majority  of  the  voters  voting  on  the  question  at  such 
state  election  in  such  town  shall  vote  in  the  affirmative,  said 
sections  shall  take  effect  in  such  town  as  provided  for  in 
subdivision  (3)  of  this  section. 


Acceptance  by 
cities  or  towns 
having  a 

system. 


Acceptance  by  Cities  or  Towns  having  a  Contributory  Retire- 
ment System  Established  under  a  Special  Act. 

(2)  (a)  At  the  state  election  in  nineteen  hundred  and 
forty-six  or  at  any  state  election  thereafter,  sections  one  to 
twenty-eight  inclusive  may  be  submitted  for  acceptance  to 
the  registered  voters  of  any  city  or  town  which  has  estab- 
lished a  contributory  retirement  system  for  its  employees 
under  the  provisions  of  a  special  law  but  which  has  not 
accepted  for  such  employees  the  applicable  provisions  of 
such  sections  or  corresponding  provisions  of  earlier  laws. 


Acts,  1945.  —  Chap.  658.  807 

Submission  for  acceptance  by  any  such  city  or  town  shall, 
upon  vote  of  the  city  council  approved  by  the  mayor  in  any 
such  city,  or  upon  vote  of  the  board  of  selectmen  in  any 
such  town,  or  upon  petition  signed  by  not  less  than  five 
per  cent  of  the  registered  voters  in  any  such  city  or  town 
and  filed  with  the  city  or  town  clerk  not  less  than  sixty  days 
before  such  election,  be  in  the  form  of  the  following  question 
which  shall  be  printed  upon  the  official  ballot  to  be  used  at 
such  state  election — "Shall  sections  one  to  twenty-eight 
inclusive  of  chapter  thirty-two  of  the  General  Laws,  au- 
thorizing any  city  or  town  to  establish  a  contributory  re- 
tirement system  for  its  employees,  be  accepted  by  this 
municipality  as  applicable  to  all  of  its  employees  except 
teachers  who  are  eligible  for  membership  in  the  teachers' 
retirement  system?"  If  a  majority  of  the  voters  voting  on 
the  question  at  such  state  election  in  such  city  or  town  shall 
vote  in  the  affirmative,  said  sections  shall  take  effect  in 
such  city  or  town  as  provided  for  in  subdivision  (3)  of  this 
section. 

(6)  In  case  sections  one  to  twenty-eight  inclusive  are  ac-  spedai 
cepted  in  any  city  or  town  as  provided  for  in  paragraph  (a)  p'o^sions. 
of  this  subdivision,  the  retirement  board  of  the  previously 
estabhshed  retirement  system  shall  continue  in  office,  with 
the  same  powers  and  duties  as  formerly,  until  the  board 
established  under  such  sections  commences  to  function  there- 
under. If  any  members  of  the  previously  existing  retire- 
ment system  shall  not  elect  to  become  members  of  the  sys- 
tem estabhshed  under  the  provisions  of  such  sections,  or  if 
there  are  any  retired  members  or  beneficiaries  under  such 
previously  existing  retirement  system,  the  latter  board  there- 
after shall  continue  to  operate  such  previously  existing  re- 
tirement system  in  accordance  with  the  provisions  of  the 
special  law  relative  thereto  in  addition  to  operating  the  sys- 
tem established  under  the  provisions  of  such  sections,  and 
the  retirement  board  of  such  previously  existing  system  shall 
cease  to  exist.  The  board  established  under  the  provisions 
of  such  sections  may,  subject  to  the  written  approval  of 
the  commissioner  of  insurance,  merge  similar  funds  under 
both  sj'stems  in  accordance  with  such  regulations  pertaining 
thereto  as  the  commissioner  may  promulgate. 

(c)  The  provisions  of  paragraph  (2)  (6)  of  section  three  sameaubject. 
shall  be  applicable  to  all  employees,  except  teachers  who  are 
eligible  for  membership  in  the  teachers'  retirement  system, 
of  any  city  or  town  which  accepts  sections  one  to  twenty- 
eight  inclusive  as  provided  for  in  paragraph  (a)  of  this  sub- 
division, whether  or  not  they  are  members  of  the  previously 
existing  retirement  system.  If  any  such  employee  who  is  a 
member  of  such  previously  existing  retirement  system  elects 
not  to  become  a  member  of  the  system  established  under 
the  provisions  of  sections  one  to  twenty-eight  inclusive,  he 
shall  continue  as  a  member  of  such  previously  existing  re- 
tirement system.  No  employee  shall  become  a  member  of 
the  previously  existing  retirement  system  on  or  after  the 


808 


Acts,  1945. —  Chap.  058. 


Same  subject. 


Same  subject. 


date  the  S3'stem  established  under  the  provisions  of  sections 
one  to  twenty-eight  inclusive  becomes  operative  in  such 
city  or  town. 

(d)  Any  employee  of  any  such  city  or  town  who,  having 
had  the  right  to  become  a  member  of  such  previously  exists 
ing  retirement  system  failed  to  become  or  elected  not  to  be- 
come such  a  member,  may  become  a  member  of  the  system 
established  under  the  provisions  of  sections  one  to  twenty- 
eight  inclusive,  either  by  becoming  a  member  as  provided 
for  in  paragraph  (c)  of  this  subdivision  or  by  becoming  a 
member  thereafter  as  provided  for  in  clause  (ii)  of  paragraph 
(2)  (a)  of  section  three;  provided,  that  no  such  emploj'ee 
shall  be  entitled  to  credit  for  service  rendered  prior  to  the 
date  of  his  becoming  a  member  unless  he  shall  pay  into  the 
annuity  savings  fund  of  such  latter  system  the  make-up 
payments  provided  for  in  subdivision  (3)  of  section  three, 
including  therein  make-up  payments  on  account  of  the  regu- 
lar deductions  which  would  have  been  withheld  from  his 
compensation  had  he  joined  such  previously  existing  retire- 
ment system  at  his  earliest  opportunity. 

(e)  If  any  member  of  any  such  previously  existing  retire- 
ment system  elects  to  become  a  member  of  the  system  estab- 
lished under  the  provisions  of  sections  one  to  twentj^-eight 
inclusive,  amounts  equal  to  his  shares  of  all  funds  of  such 
previously  existing  retirement  system,  as  determined  by  the 
actuary,  shall  be  transferred  to  the  corresponding  funds  of 
the  system  established  under  the  provisions  of  such  sections. 


Estahlishment  of  System  in  a  City  or  Town. 


Effective  date 
of  operation  of 
system  in  a 
city  or  town. 


(3)  (a)  The  city  or  town  clerk  of  any  city  or  town  which 
accepts  sections  one  to  twenty-eight  inclusive  by  vote  at 
any  state  election,  as  provided  for  in  subdivision  (1)  or  (2) 
of  this  section,  shall  file  in  the  office  of  the  commissioner  of 
insurance  within  thirty  days  after  such  vote  a  certificate 
thereof  sworn  to  by  the  election  commissioners  or  other 
officers  corresponding  thereto.  The  commissioner  of  in- 
surance shall,  within  fifteen  days  after  the  receipt  of  such 
certificate,  issue  a  certificate  to  be  sent  to  the  mayor  in  such 
city  or  to  the  board  of  selectmen  in  such  town,  to  the  effect 
that  a  contributory  retirement  sj^stem  is  established  for  the 
employees  of  such  city  or  town  by  such  vote.  Such  system 
shall  thereupon  become  operative  for  such  employees  on  the 
first  day  of  July  next  following  the  date  of  the  certificate  of 
the  commissioner  establishing  such  system. 

(b)  When  any  town  having  a  population  less  than  ten 
thousand  accepts  sections  one  to  twenty-eight  inclusive,  the 
county  system,  eligible  employees  of  such  town  shall  become  members  of 
the  county  retirement  system  of  the  county  wherein  such 
town  lies,  in  lieu  of  the  establishment  of  a  system  within 
and  for  such  town.  Such  employees  shall  have  all  rights 
and  obligations  in  such  county  retirement  system  in  the 
same  manner  as  if  such  a  system  were  established  in  such 
town. 


Certain  towns 
to  become 
members  of 


Acts,  1945. —  Chap.  658.  809 

(c)  If  the  town  of  Nantucket  accepts  sections  one  to  Town  of  Nan- 
twenty-eight  inclusive,  the  eligible  employees  of  such  town,  county ''o"'' 
the  ehgible  employees  of  the  county  of  Nantucket  and  the  f  p°f^i'^''ro- 
eligible  employees  of  any  district  located  in  such  county,  Visions. 
shall,  subject  to  the  provisions  of  such  sections,  become 
members  of  the  county  of  Barnstable  retirement  system  in 
lieu  of  the  establislmient  of  a  system  within  and  for  such 
town  or  within  and  for  the  county  of  Nantucket.  Such  em- 
ploj-ees  who  become  members  shall  have  all  rights  and  obli- 
gations in  the  county  of  Barnstable  retirement  system  in 
the  same  manner  as  if  such  system  were  established  in  the 
county  of  Nantucket.  The  provisions  of  paragraph  (7)  (c) 
of  section  twenty-two  shall  apply  so  far  as  may  be  neces- 
sary to  enable  the  county  of  Barnstable  retirement  system 
to  recover  from  the  county  or  town  of  Nantucket,  or  from 
any  district  in  the  county  of  Nantucket,  as  the  case  may  be, 
its  or  their  portion  of  the  cost  of  operation  and  the  expenses 
of  administration  of  such  system.  Items  of  appropriation 
providing  for  any  amounts  allocated  to  any  such  political 
subdivision  shall  be  included  in  the  appropriations  for  each 
fiscal  year  for  such  political  subdivision. 

Acceptance  by  Districts. 

(4)  (a)  Any  district,  all  or  part  of  which  lies  within  the  Effective  date 
territory  of  any  city  or  town  which  maintains  or  has  adopted  dLtrU^^fs."  '" 
a  contributory  retirement  system  for  its  employees  under 
the  applicable  provisions  of  sections  one  to  twenty-eight 
inclusive,  or  any  district  which  is  located  in  two  or  more 
cities  or  towns,  at  least  one  of  which  has  accepted  the  appli- 
cable provisions  of  such  sections  or  corresponding  provisions 
of  earlier  laws,  may  provide  retirement  benefits  for  its  em- 
plo3^ees  if  such  district  by  a  vote  duly  recorded  shall  accept 
sections  one  to  twenty-eight  inclusive,  as  far  as  applicable. 
A  duly  attested  copy  of  such  vote  shall  be  filed  by  the  clerk 
of  the  district,  or  other  person  performing  like  duties,  in 
the  office  of  the  commissioner  of  insurance  within  thirty 
days  after  such  vote.  The  commissioner  of  insurance  shall, 
within  fifteen  days  after  the  receipt  of  such  attested  copy, 
issue  a  certificate  to  be  sent  to  such  clerk  or  person  in  such 
district,  to  the  effect  that  such  sections  shall  become  opera- 
tive for  the  employees  of  such  district  on  the  first  day  of 
January  or  on  the  first  day  of  July,  whichever  first  occurs, 
next  following  the  expiration  of  three  months  after  the  date 
of  such  certificate.  The  commissioner  shall  also  notify  the 
county  commissioners,  the  mayor  or  the  board  of  selectmen, 
and  the  retirement  board  of  such  county,  city  or  town,  as 
the  case  may  be,  within  which  such  district  Hes,  of  the  ac- 
ceptance of  such  sections  by  the  district  and  of  the  date  as 
of  which  such  sections  will  become  operative  for  its  em- 
ployees. 

(6)  On  and  after  the  date  when  sections  one  to  twenty-  Employees  of 
eight  inclusive  become  operative  for  the  employees  of  any  com"  members 
district  as  set  forth  in  paragraph  (a)  of  this  subdivision,  the  ^^  system  of 


810 


Acts,  1945.  —  Chap.  658. 


city  or  town 
within  whosp 
territory  dis- 
trict lies,  etc. 


G.  L.  (Ter. 
Ed.).  10,  §  IS, 
amended. 


State  board 
of  retirement. 


<:.  L.  (Ter. 
Ed.),  10,  §  10, 
amended. 


Reimbursement 
of  members. 


G.  L.i(Ter. 
Ed.),*U5.  §  16, 
amended. 


eligible  employees  of  such  district  shall  become  members  of 
the  system  of  the  city  or  town  within  whose  territory  the 
district  lies,  or  of  the  system  of  the  largest  of  such  cities  or 
towns  which  maintains  a  system  if  the  district  lies  within 
more  than  one  city  or  town,  or  of  the  county  system  if  the 
employees  of  such  town  have  become  members  of  such 
county  system  under  the  provisions  of  paragraph  (6)  of 
subdivision  (3)  of  this  section,  in  the  same  manner  as  if 
such  a  system  were  established  in  such  district. 

Section  2.  Section  eighteen  of  chapter  ten  of  the  Gen- 
eral Laws  is  hereby  amended  by  striking  out  the  same  and 
inserting  in  place  thereof  the  following:  —  Section  18.  Stale 
Board  of  Retirement.  —  There  shall  be  a  state  board  of  re- 
tirement serving  in  the  department  for  the  purpose  of  ad- 
ministering the  state  employees'  retirement  system  estab- 
lished under  the  provisions  of  chapter  thirty-two.  Such 
board  shall  consist  of  three  members  as  follows:  the  state 
treasurer  who  shall  be  a  member  ex  officio  and  who  shall 
serve  as  chairman,  a  second  member  who  shall  be  elected 
by  the  members  in  service  of  such  system  from  among  their 
number  in  such  manner  and  for  such  term,  not  exceeding 
three  years,  as  the  commissioner  of  insurance  shall  deter- 
mine, and  a  third  member  who  shall  be  chosen  by  the  other 
two  for  a  term  of  three  years.  Future  elections  of  the  second 
member  shall  be  held  under  the  supervision  of  such  retire- 
ment board  and  the  term  of  the  second  member  shall  be  so 
arranged  as  not  to  expire  in  the  year  of  expiration  of  the 
term  of  the  third  member.  If  a  third  member  is  not  chosen 
by  the  other  two  members  within  thirty  days  after  the 
expiration  of  the  term  of  the  third  member,  the  governor 
shall  appoint  a  third  member  for  a  term  of  three  years. 
Each  member  of  such  retirement  board  shall  continue  to 
hold  office  until  the  expiration  of  his  term  and  until  the 
qualification  of  his  successor.  Upon  the  expiration  of  the 
term  of  office  of  any  elected,  chosen  or  appointed  member 
or  in  case  of  a  vacancy  in  either  of  said  offices,  his  successor 
shall  be  elected,  chosen  or  appointed  as  aforesaid  for  a  three- 
year  term  or  for  the  unexpired  portion  thereof,  as  the  case 
may  be,  except  that  in  no  event  shall  the  term  of  the  second 
member  expire  in  the  same  year  as  the  term  of  the  third 
member. 

Section  3.  Section  nineteen  of  chapter  ten  of  the  Gen- 
eral Laws  is  hereby  amended  by  striking  out  the  same  and 
inserting  in  place  thereof  the  following: — Section  19.  Re- 
imbursement of  Members.  —  The  members  of  the  state  board 
of  retirement  shall  serve  without  compensation,  but  they 
shall  be  reimbursed  from  the  expense  fund  of  the  state  em- 
ployees' retirement  system  for  any  expense  or  loss  of  salary 
or  wages  which  they  may  incur  through  service  on  the  board. 
All  claims  for  reimbursement  on  this  account  shall  be  sub- 
ject to  the  approval  of  the  governor  and  council. 

Section  4.  Section  sixteen  of  chapter  fifteen  of  the 
General  Laws  is  hereby  amended  by  striking  out  the  same 


Acts,  1945.  -    Chap.  658.  811 

and  inserting  in  place  thereof  the  following:  —  Section  16.  fefiremen"^"'®' 
Teachers'  Retirement  Board.  —  There  shall  be  a  teachers'  board. 
retirement  board  serving  in  the  department  for  the  purpose 
of  administering  the  teachers'  retirement  system  established 
under  the  provisions  of  chapter  thirty-two.  Such  board 
shall  consist  of  three  members  as  follows:  the  commissioner 
of  education  who  shall  be  a  member  ex  officio  and  who 
shall  serve  as  chairman,  a  second  member  who  shall  be 
elected  by  the  members  in  service  of  such  system  from 
among  their  number  in  such  manner  and  for  such  term,  not 
exceeding  three  years,  as  the  commissioner  of  insurance  shall 
determine,  and  a  third  member  who  shall  be  chosen  by  the 
other  two  for  a  term  of  three  years.  Future  elections  of  the 
second  member  shall  be  held  under  the  supervision  of  such 
retirement  board  and  the  term  of  the  second  member  shall 
be  so  arranged  as  not  to  expire  in  the  year  of  expiration  of 
the  term  of  the  third  member.  If  a  third  member  is  not 
chosen  by  the  other  two  members  within  thirty  days  after 
the  expii:ation  of  the  term  of  the  third  member,  the  governor 
shall  appoint  a  third  member  for  a  term  of  three  years. 
Each  member  of  such  retirement  board  shall  continue  to 
hold  office  until  the  expiration  of  his  term  and  until  the 
qualification  of  his  successor.  Upon  the  expiration  of  the 
term  of  office  of  any  elected,  chosen  or  appointed  member 
or  in  case  of  a  vacancy  in  either  of  said  offices,  his  successor 
shall  be  elected,  chosen  or  appointed  as  aforesaid  for  a  three- 
year  term  or  for  the  unexpired  portion  thereof,  as  the  case 
may  be,  except  that  in  no  event  shall  the  term  of  the  second 
member  expire  in  the  same  year  as  the  term  of  the  third 
member. 

Section  5.     Section  seventeen  of  chapter  fifteen  of  the  g.  l.  (Xer. 
General  Laws  is  hereby  amended  by  striking  out  the  same  anieAjg^d  ^  ^^' 
and  inserting  in  place  thereof  the  following:  —  Section  17.  Reimbursemeut 
Reimbursement  of  Members.  —  The  members  of  the  teachers'  "^  members. 
retirement  board  shall  serve  without  compensation,  but  they 
shall  be  reimbursed  from  the  expense  fund  of  the  teachers' 
retirement  system  for  any  expense  or  loss  of  salary  or  wages 
which  they  may  incur  through  service  on  the  board.     All 
claims  for  reimbursement  on  this  account  shall  be  subject 
to  the  approval  of  the  governor  and  council. 

Section  6.     Section  eighteen  of  chapter  fifteen  of  the  g.  l.  (Xer. 
General  Laws  is  hereby  amended  by  striking  out  the  same  amended.^  ^^' 
and  inserting  in  place  thereof  the  following:  —  Section  18.  clerical 
Clerical  Assistants.  —  The  teachers'  retirement  board  may  assistants. 
employ  a  secretary  who  shall  furnish  bond.     It  may  also 
employ  such  other  necessary  clerical  and  other  assistants  as 
it  may  require. 

Section  7.     Section  thirty-eight  of  chapter  twenty-nine  g.  l.  (Xer. 
of  the  General  Laws  is  hereby  amended  by  inserting  after  f^gnde^d.^  ^^' 
the  word  "control"  in  the  second  fine  the  words:  —  ,  except 
funds  of  the  state  employees'  retirement  system  or  of  the 
teachers'  retirement  system,  —  so  that  the  first  paragraph 
will  read  as  follows :  —  Funds  over  which  the  commonwealth  investment 

of  funds  of 


812 


Acts,  1945. —  Chap.  658. 


the  comiiioii- 
wealth. 


G.  L.  (Tor. 
Kd.),  32,  DOW 
§  57 A,  added. 
Provisions 
applying  to 
certain  vet- 
erans. 


G.  L.  (Ter. 
Ed.),  32, 
§§  1-28,  inc.. 
not  applicable 
to  certain 
employees. 


State  secretary 
to  compile, 
print  and  dis- 
tribute certain 
information. 


has  exclusive  control,  except  funds  of  the  state  employees' 
retirement  system  or  of  the  teachers'  retirement  system,  shall 
be  invested  by  the  state  treasurer,  with  the  approval  of  the 
governor  and  council,  as  follows:  — 

Section  8.  Chapter  thirty-two  of  the  General  Laws  is 
hereby  amended  by  inserting  after  section  fifty-seven  the 
following  new  section:  —  Section  57 A.  The  provisions  of 
subdivision  (3)  of  section  six,  the  provisions  of  section  eight 
and  the  provisions  of  subdivision  (4)  of  section  sixteen,  shall 
apply  to  any  veteran  whose  retirement  is  to  become  effective 
on  or  after  January  first,  nineteen  hundred  and  forty-six, 
under  the  provisions  of  section  fifty-six  or  fifty-seven;  pro- 
vided, that  the  retiring  authority  shall  act  in  place  of  the 
retirement  board  in  the  case  of  an}'-  such  veteran  so  retired; 
and  provided,  that  the  expense  of  any  medical  examination 
of  any  such  veteran  shall  be  paid  from  the  same  source  from 
which  his  compensation  was  paid. 

Section  9.  The  provisions  of  said  sections  one  to  twenty- 
eight  inclusive  of  chapter  thirty-two  of  the  General  Laws, 
as  inserted  therein  by  section  one  of  this  act,  or  correspond- 
ing provisions  of  earlier  laws,  shall  not  be  deemed  to  apply 
to  the  incumbents  of  the  offices  of  clerk  of  the  supreme  judi- 
cial court  for  the  commonwealth  nor  to  any  assistant  regis- 
ter of  probate  for  Suffolk  count}^  who  was  determined  by 
the  state  board  of  retirement  prior  to  January  first,  nineteen 
hundred  and  thirty-eight,  not  to  be  subject  to  such  corre- 
sponding provisions  of  earlier  laws. 

Section  10.  The  state  secretary  shall  cause  sections 
eighteen,  nineteen  and  twenty  of  chapter  ten,  sections  six- 
teen, seventeen  and  eighteen  of  chapter  fifteen,  and  all  of 
chapter  thirty-two  of  the  General  Laws;  sections  one,  eight, 
nine,  nine  A,  twenty-four  and  twenty-five  of  chapter  seven 
hundred  and  eight  of  the  acts  of  nineteen  hundred  and  forty- 
one,  as  amended  by  chapters  one  hundred  and  seventy-two, 
four  hundred  and  nineteen,  and  five  hundred  and  forty-eight 
of  the  acts  of  nineteen  hundred  and  forty-three;  and  chap- 
ter sixteen  of  the  acts  of  nineteen  hundred  and  forty-two, 
as  amended  by  chapter  five  hundred  and  two  of  the  acts  of 
nineteen  hundred  and  forty-three;  all  as  amended  by  enact- 
ments in  the  current  year,  to  be  compiled,  indexed,  printed 
and  distributed  in  pamphlet  form  not  later  than  November 
first,  nineteen  hundred  and  forty-five,  in  an  edition  of  not 
less  than  three  thousand  copies  of  such  compilation.  Copies 
of  such  pamphlet  shall  be  distributed  as  follows:  to  such 
free  public  libraries  of  the  commonwealth  as  the  state  sec- 
retary shall  designate,  to  such  other  free  libraries  as  shall 
make  written  application  therefor,  to  the  treasurer  or  other 
disbursing  officer  of  each  governmental  unit,  to  the  school 
committee  of  each  city  and  town,  to  the  city  clerk  and  cit}^ 
solicitor  or  corporation  counsel  of  each  city  and  to  the  town 
clerk  and  town  counsel,  if  any,  of  each  town,  one  copy  each; 
to  the  retirement  board  in  each  governmental  unit  having  a 
contributory  retirement  system,  five  copies  each;  and  to  the 


Acts,  1945.  —  Chaps.  659,  660.  813 

coimnissioner  of  insurance  such  copies  as  he  may  in  writing 
request.  The  remaining  copies  of  such  pamphlet  shall  be 
distributed  by  the  state  secretary  in  the  manner  provided 
for  the  distribution  of  public  documents.  At  the  proroga- 
tion of  each  session  of  the  general  court  commencing  in  the 
year  nineteen  hundred  and  forty-six,  the  state  secretary 
shall  send  to  each  of  such  persons,  institutions  and  boards, 
the  number  above  specified  of  copies  of  all  amendments  to 
the  provisions  hereinabove  set  forth  or  affecting  the  same 
or  in  any  manner  amending  or  affecting  the  provisions  of 
chapter  thirty-two. 

Section  11.     This  act,  except  as  herein  otherwise  spe-  Effective  date. 
cifically  provided,  shall  take  effect  January  first,  nineteen 
himdred  and  forty-six.  Approved  July  23,  191^5. 

An   Act  extending   certain  temporary   provisions   of  Qy^^ry  (559 

LAW  relative  to  PAYMENTS  FOR  THE  CARE  OF  INSANE 
PERSONS  BOARDED  OUT  BY  THE  DEPARTMENT  OF  MENTAL 
HEALTH  DURING  THE  PRESENT  EMERGENCY. 

Whereas,  The  deferred  operation  of  this  act  would  tend  prTambi"'?^ 
to  defeat  one  of  its  purposes,  which  is  to  extend  certain  tem- 
porary provisions  of  law  for  payments  for  the  care  of  insane 
persons  boarded  out,  therefore  it  is  hereby  declared  to  be  an 
emergency  law,  necessary  for  the  immediate  preservation  of 
the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Notwithstanding  the  provisions  of  section 
sixteen  of  chapter  one  hundred  and  twenty-three  of  the  Gen- 
eral Laws,  the  cost  to  the  commonwealth  of  the  board  of 
patients  supported  at  the  public  expense  and  placed  at 
board  by  the  department  of  mental  health  or  by  the  super- 
intendents of  state  institutions  under  its  supervision,  under 
the  provisions  of  said  section  sixteen,  shall  not  exceed  eight 
dollars  a  week  for  each  patient. 

Section  2.  In  accordance  with  the  pertinent  provisions 
of  section  seventeen  of  chapter  one  hundred  and  twenty- 
three  of  the  General  Laws,  the  bills  for  support  shall  be  paid 
out  of  the  appropriation  authorized  therefor  in  item  1701-12, 
appearing  in  section  two  of  chapter  four  hundred  and  four 
of  the  acts  of  the  current  year. 

Section  3.  This  act  shall  take  effect  as  of  July  first, 
nineteen  hundred  and  forty-five,  and  shall  cease  to  be  opera- 
tive on  June  thirtieth,  nineteen  hundred  and  forty-six. 

Approved  Jidy  23,  1945. 

An  Act  providing  for  an  educational  program  in  the  Chap.GQi) 

STATE     TEACHERS     COLLEGES     AND     THE      MASSACHUSETTS 
SCHOOL   OF   ART    FOR    VETERANS    OF    WORLD    WAR    II. 

Whereas,    The  deferred  operation  of  this  act  would  tend  p^^l^e^ 
to  defeat  its  purpose,  which  is  to  provide  at  once  an  educa- 
tional program  for  veterans  of  the  present  war,  therefore  it 


814  Acts,  1945. —  Chap.  661. 

is  hereby  declared  to  be  an  emergency  law,  necessary  for 
the  immediate  preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  department  of  education  is  hereby  au- 
thorized and  directed  to  provide  for  veterans  of  World  War 
II  an  educational  program  at  each  of  the  state  teachers  col- 
leges and  at  the  Massachusetts  School  of  Art,  such  program 
to  include,  in  addition  to  the  subjects  mentioned  in  sections 
two  and  two  A  of  chapter  seventy-three  of  the  General  Laws, 
instruction  in  such  subjects  as  it  deems  expedient  in  the 
training  of  such  veterans  in  the  fields  of  arts,  science  and 
industry.  Such  educational  program  may  be  availed  of  by 
any  person  who  served  in  the  military  or  naval  forces  of  the 
United  States  during  World  War  II  and  has  received  a  dis- 
charge or  release,  other  than  a  dishonorable  one,  from  such 
service;  provided,  that  he  was  a  resident  of  the  common- 
wealth for  a  period  of  not  less  than  six  months  prior  to  his 
entry  into  such  service. 

Section  2.  This  act  shall  cease  to  be  operative  on  June 
thirtieth,  nineteen  hundred  and  fifty. 

Approved  July  23,  1945. 


C/iap.661  An  Act  to  provide  for  the  acquisition  of  federal  sur- 
plus PROPERTY  BY  THE  COMMONWEALTH  AND  BY  COUN- 
TIES, CITIES  AND  TOWNS  WITPIOUT  REGARD  TO  CERTAIN 
EXISTING    REQUIREMENTS    OF    LAW. 

pr^ambi"?^  Whcreas,    The  deferred  operation  of  this  act  would  tend 

to  defeat  its  purpose,  which  is  to  facilitate  without  delay 
the  acquisition  by  the  commonwealth  and  its  political  sub- 
divisions of  certain  surplus  property  of  the  federal  govern- 
ment, therefore  it  is  hereby  declared  to  be  an  emergency 
law,  necessary  for  the  immediate  preservation  of  the  public 
convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  commonwealth,  or  an.y  political  sub- 
division thereof,  may  enter  into  any  contract  with  the 
United  States,  or  with  any  agency  thereof,  for  the  purchase, 
lease  or  other  acquisition  of  any  equipment,  supplies  or  ma- 
terials without  regard  to  the  provisions  of  the  law  which 
require  (1)  the  posting  of  notices  or  public  advertising  for 
bids,  or  (2)  the  inviting  or  receiving  of  competitive  bids. 

Section  2.  The  state  purchasing  agent  on  behalf  of  the 
commonwealth,  the  county  commissioners  on  behalf  of  a 
county,  the  mayor  on  behalf  of  a  city,  and  the  selectmen  on 
behalf  of  a  town,  may  accept  donations  or  gifts  from  the 
federal  government  of  surplus  personal  property. 

Section  3.  Any  provisions  of  any  law,  charter,  ordi- 
nance, resolution,  by-law,  rule  or  regulation  which  are  in- 
consistent with  the  provisions  of  this  act  are  suspended  to 
the  extent  that  such  provisions  are  inconsistent  herewith. 


Acts,  1945.  —  Chaps.  662,  663.  815 

Section  4.  This  act  shall  cease  to  be  operative  on  June 
thirtieth,  nineteen  hundred  and  fifty-five. 

Approved  July  23,  1945. 

An  Act  providing  for  the  erection  by  the  metropoli-  CJiav.QQ2 

TAN   district  COMMISSION  OF  A   SHELTER  AT  PARK  CIRCLE 
IN   THE   TOWN   OF   ARLINGTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  metropolitan  district  commission  is 
hereby  authorized  and  directed  to  erect,  at  a  cost  not  ex- 
ceeding fifteen  hundred  dollars,  on  land  owned  by  said 
commission  at  Park  Circle  in  the  Arlington  Heights  section 
of  the  town  of  Arlington,  a  shelter  for  use  by  the  public. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  July  23,  1945. 


Chap.66S 


An  Act  further  regulating  the  levying  and  collec- 
tion  OF  the   excise   UPON   CHARGES   FOR  MEALS. 

Whereas,  The  deferred  operation  of  this  act  would  tend  pJ^^^^^iT^ 
to  defeat  its  purpose  by  depriving  the  commonwealth  of 
necessary  revenue,  therefore  it  is  hereby  declared  to  be  an 
emergency  law,  necessary  for  the  immediate  preservation 
of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  one  of  chapter  sixty-four  B  of  the  o.  l.  (Ter. 
General   Laws,   inserted   by  section  seventeen   of   chapter  f  i.^^tt*.^' 
seven  hundred  and  twenty-nine  of  the  acts  of  nineteen  hun-  amended. 
dred  and  forty-one,  is  hereby  amended  by  striking  out  the 
paragraph  defining  "Taxable  charge"  and  inserting  in  place 
thereof  the  following  paragraph :  — 

"Taxable  charge",  any  amount  including  cover  and  other  Term 
charges,  for  which  the  purchaser  is  charged  as  a  total  one  d^rge^-'^ 
dollar  or  more,  charged  for  meals  furnished  at  any  restau-  defined, 
rant,  eating  house,  hotel,  drug  store,  resort  or  other  place 
at  which  meals  or  food  are  regularly  served  to  the  public, 
or  at  any  club  at  which  meals  or  food  are  regularly  served 
to  its  members  or  to  the  public,  or  both. 

Section  2.     Said  chapter  sixty-four  B  is  hereby  further  g.  l.  (Ter. 
amended  by  striking  out  section  two,  as  so  inserted,  and  ^^'^'Jc^' 
inserting  in  place  thereof  the  following  section :  —  Section  2.  amended. 
There  is  hereby  levied  and  there  shall  be  collected  and  paid  J^l''  °"  "'^^'''• 
a  tax  equivalent  to  five  per  cent  of  the  amount  charged  for 
all  meals,  including  cover  and  other  charges,  if  any,  for  which 
the  purchaser  is  charged  as  a  total  one  dollar  or  more,  fur- 
nished at  any  restaurant,  eating  house,  hotel,  drug  store, 
resort  or  other  place  at  which  meals  or  food  are  regularly 
served  to  the  public,  or  at  any  club  at  which  meals  or  food 
are  regularly  served  to  its  members  or  to  the  public,  or  both. 
The  commissioner  shall  prescribe  the  method  of  determining 
the  portion  of  an  entire  charge  which  is  applicable  to  meals 
in  the  event  that  such  entire  charge  is  in  part  for  meals  and 


816  Acts,  1945.  —  Chap.  664. 

in  part  for  lodging  or  any  other  item  or  service.    The  excise 

shall  be  paid  by  the  taxpayer  to  the  commissioner  at  the 

time  and  in  the  manner  hereinafter  provided. 

e'(L)',&4b.'  Section  3.     Said  chapter  sixty-four  B  is  hereby  further 

I  3.  etc    '        amended  by  striking  out  section  three,  as  so  inserted,  and 


amen< 


dea 


inserting  in  place  thereof  the  following  section :  —  Section  3. 
identffi'crtfon     Every  taxpayer  shall  register  with  the  commissioner  and 
certificates,       pay  to  him  the  sum  of  one  dollar,  upon  receipt  of  which  the 
issuance  o ,  e  c.  gommissiouer  shall  issue  a  numbered  identification  certifi- 
cate in  such  form  as  he  may  determine,  attesting  that  such 
registration  has  been  made.    The  certificate  so  issued  shall 
remain  in  effect  so  long  as  the  taxpayer  is  engaged  in  the 
business  of  serving  meals  as  aforesaid  and  has  complied 
with  the  provisions  of  this  chapter.     No  taxpayer  shall 
engage  in  serving  meals  as  aforesaid  without  such  registra- 
Penaity.  ^JQn  certificate.     Violation  of  any  provision  of  this  section 

shall  be  punishable  by  a  fine  of  not  less  than  two  hundred 
nor  more  than  five  hundred  dollars. 

Approved  July  23,  1945. 


C/iap. 664  An  Act  relative  to  the  retirement  rights  of  certain 

FORMER    EMPLOYEES    OF    THE    DIVISION    OF     EMPLOYMENT 
SECURITY. 

Emergency  Whereas,  The  deferred  operation  of  this  act  would  tend 

pream  e.  ^^  defeat  its  purpose,  which  is,  in  part,  to  provide  without 
delay  for  the  protection  and  retention  of  the  retirement 
rights  of  certain  former  members  of  the  state  retirement 
system  inducted  into  the  federal  employment  service  by  an 
Executive  Order  in  nineteen  hundred  and  forty-one,  therefore 
this  act  is  hereby  declared  to  be  an  emergency  law,  necessary 
for  the  immediate  preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  accoimt  of  any  former  member  of  the 
state  retirement  system  employed  in  the  division  of  employ- 
ment security  whose  employment  in  the  service  of  the  com- 
monwealth was  terminated  on  December  thirty-first,  nine- 
teen hundred  and  forty-one,  by  reason  of  Executive  Order 
No.  8990  issued  by  the  president  of  the  United  States  on 
December  twenty-third,  nineteen  hundred  and  forty-one, 
and  who  for  the  purpose  of  service  during  the  existing  states 
of  war  between  the  United  States  and  certain  foreign  coun- 
tries was  inducted  into  the  United  States  employment  serv- 
ice, shall  be  credited  with  regular  interest  on  the  annual 
compounding  date  until  he  is  reinstated,  appointed  or  re- 
employed in  the  division  of  employment  security,  either 
within  one  year  after  the  termination  of  the  existing  states 
of  war  between  the  United  States  and  any  foreign  country, 
as  declared  by  presidential  proclamation  or  concurrent  reso- 
lution of  the  congress,  or  within  one  j^ear  of  the  termination 
of  his  employment  with  the  federal  government  or  the  com- 
monwealth, whichever  event  occurs  latest;  provided,  that  his 


Acts,  1945.  —  Chap.  005.  817 

accumulated  deductions  have  not  been  withdrawn  from  the 
retirement  fund. 

Section  2.  This  act  shall  take  effect  as  of  January  first, 
nineteen  hundred  and  forty-five,  notwithstanding  any  other 
provision  of  law  to  the  contrary. 

Approved  July  23,  1945. 

An  Act  authorising  the  state  department  of  public  fji^j)  qq^ 

WORKS  TO  construct  A  PIER  IN  THE  PORT  OF  FALL  RIVER,  ' 

TO  PROVIDE  STORAGE  TERMINAL  FACILITIES  AND  OTHER- 
WISE TO  IMPROVE  THE  FACILITIES  FOR  MARITIME  COM- 
MERCE   IN    SAID    PORT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  state  department  of  public  works,  in 
this  act  called  the  department,  for  the  purpose  of  improv- 
ing the  port  facilities  of  the  city  of  Fall  River,  is  hereby 
authorized  and  directed,  under,  and  subject  to  the  restric- 
tions contained  in,  sections  eleven  and  thirty-one  of  chapter 
ninety-one  of  the  General  Laws,  to  construct  a  pier  and  stor- 
age terminal  facilities  in  said  city,  and  in  connection  there- 
with the  department  may  do  such  dredging  and  place  such 
filling,  and  may  construct  such  drains,  sewers,  railroad  and 
highway  connections  and  approaches  and  such  other  appur- 
tenances and  improvements,  as  may  be  necessary  or  desirable. 

Section  2.  For  any  or  all  of  the  purposes  of  this  act  the 
department  may  purchase,  or  may  take  by  eminent  domain 
under  chapter  seventy-nine  of  the  General  Laws,  such  prop- 
erty and  interests  in  property  as  may  be  necessary  or  desir- 
able; provided,  that  it  shall  not  take  in  fee  any  land  of  any 
railroad  or  railway  corporation,  and  that  it  shall  not  enter 
upon  or  construct  any  works  within  the  location  of  any  rail- 
road or  railway  corporation  except  at  such  times  and  in  such 
manner  as  it  may  agree  upon  with  such  corporation,  or,  in 
case  of  failure  so  to  agree,  as  may  be  approved  by  the  de- 
partment of  public  utilities. 

Section  3.  The  department  shall  annually  in  December 
report  to  the  governor  and  to  the  general  court  its  action 
under  authority  of  this  act.  Said  report  shall  contain  de- 
tailed information  of  all  receipts  and  expenditures,  including 
prices  paid  for  land  purchased  or  taken,  and  of  all  contracts 
lor  construction  of  pier  facilities  and  for  the  leasing  thereof, 
and  such  other  detailed  information  in  regard  to  said  facili- 
ties as  the  department  may  deem  helpful. 

Section  4.  The  department,  as  soon  as  may  be  following 
the  effective  date  of  this  act,  shall,  on  behalf  of  the  common- 
wealth, enter  into  one  or  more  contracts  in  writing,  approved 
by  the  governor  and  in  a  form  approved  by  the  attorney 
general,  with  some  responsible  person  or  persons  and  pro- 
viding for  the  lease,  for  a  period  of  not  less  than  twenty 
years,  of  the  property  purchased  or  taken  under  authority 
of  this  act,  the  minimum  requirements  of  said  lease  or  leases 
as  to  payments  thereunder  to  be  at  a  rate  sufficient  to  amor- 


818  Acts,  1945. —  Chap.  666. 

tize  sixty  per  cent  of  the  cost  to  the  commonwealth  of  the 
faciUties  included  within  the  terms  of  said  lease  or  leases 
within  a  period  of  not  exceeding  twenty  years  from  the  date 
thereof;  provided,  that  the  department  may  in  any  such 
lease  provide  that  at  the  expiration  of  its  original  term  it 
may,  at  the  option  of  the  lessee,  be  renewed  for  a  further 
period  of  twenty  years. 

Section  5.  The  department  may  proceed  with  the  prep- 
aration of  preliminary  plans  for  the  facilities  authorized  by 
this  act  within  the  limits  of  funds  appropriated  for  such 
work  or  similar  work  by  the  department. 

Section  6.  Subject  to  the  conditions  liereinbefore  im- 
posed, for  the  purpose  of  purchasing  or  taking  a  site  and  a 
pier  location  and  the  construction  thereon  of  pier  facilities 
as  hereinbefore  authorized  and  to  meet  the  expenditures 
necessary  in  carrying  out  the  provisions  of  this  act,  the  state 
treasurer,  upon  the  request  of  the  department  and  in  each 
instance  with  the  approval  of  the  governor  and  council,  shall 
issue  and  sell  at  public  or  private  sale  bonds  of  the  common- 
wealth, registered  or  with  interest  coupons  attached,  as  he 
may  deem  best,  to  an  amount  to  be  specified  by  the  depart- 
ment from  time  to  time  but  not  exceeding,  in  the  aggregate, 
the  sum  of  one  million,  five  hundred  thousand  dollars;  pro- 
vided, that,  until  one  or  more  leases  conforming  to  the  re- 
quirements of  section  four  are  entered  into,  no  bonds  shall 
be  so  issued.  All  bonds  issued  by  the  commonwealth  afore- 
said shall  be  designated  on  their  face  "Fall  River  Harbor 
Terminal  Facilities  Loan,  1945"  and  shall  be  on  the  serial 
payment  plan  for  such  term  of  years,  not  exceeding  ten 
years,  as  the  governor  may  recommend  to  the  general  court 
pursuant  to  section  3  of  Article  LXII  of  the  Amendments 
to  the  Constitution  of  the  commonwealth,  the  maturities 
thereof  to  be  so  arranged  that  the  amount  payable  each 
year  other  than  the  final  year  shall  be  as  nearly  equal  as  in 
the  opinion  of  the  state  treasurer  it  is  practicable  to  make 
them.  Said  bonds  shall  bear  interest  semi-annually  at  such 
rate  as  the  state  treasurer  with  the  approval  of  the  governor 
shall  fix. 

Section  7.  This  act  shall  take  effect  on  January  first, 
nineteen  hundred  and  forty-six,  and  shall  cease  to  be  effec- 
tive on  January  first,  nineteen  hundred  and  forty-eight  unless 
prior  thereto  the  department  has  entered  into  one  or  more 
contracts  authorized  by  section  four  for  the  leasing  of  the 
facilities  authorized  under  this  act. 

Approved  July  23,  1945. 

Chav.QQQ  An  Act  further  regulating  the  number  of  licenses 

THAT  MAY  BE  ISSUED  IN  CITIES  AND  TOWNS  FOR  THE  SALE 
OF   ALCOHOLIC   BEVERAGES. 

Be  it  enacted,  etc.,  as  follows: 

G.  L.  (Ter.  The  ncxt  to  the  last  paragraph  of  section  seventeen  of 

f  ir.'euf'         chapter  one  hundred  and  thirty-eight  of  the  General  Laws, 

amended. 


Acts,  1945.  —  Chap.  667.  819 

as  amended  by  chapter  five  hundred  and  twenty-two  of  the 
acts  of  nineteen  hundred  and  forty-one,  is  hereby  further 
amended  by  adding  at  the  end  the  words :  —  or  by  the  state 
census  of  the  year  nineteen  hundred  and  forty-five;  pro- 
vided, that  if  the  number  of  hcenses  authorized  hereunder 
is  required  to  be  reduced  as  the  result  of  the  taking  of  a 
federal  or  state  census  subsequent  to  the  year  nineteen 
hundred  and  forty-five,  such  licenses  shall  be  cancelled  in 
inverse  order  to  the  order  in  which  they  were  originally 
granted,  —  so  as  to  read  as  follows:  — 

Notwithstanding  the  provisions  hereof,  no  quota  estab-  Number  of 
lished  hereunder  for  any  city  or  town  shall  be  decreased 
because  of  a  loss  in  population  of  less  than  one  thousand 
inhabitants,  and  no  licensee  shall  be  refused  a  renewal  of 
his  license  in  any  year  because  of  any  loss  in  population 
as  determined  by  the  national  census  of  the  year  nineteen 
hundred  and  forty  or  by  the  state  census  of  the  year  nine- 
teen hundred  and  forty-five;  provided,  that  if  the  number 
of  licenses  authorized  hereunder  is  required  to  be  reduced 
as  the  result  of  the  taking  of  a  federal  or  state  census  sub- 
sequent to  the  year  nineteen  hundred  and  forty-five,  such 
licenses  shall  be  cancelled  in  inverse  order  to  the  order  in 
which  they  were  originally  granted. 

Approved  July  23,  1945. 

An  Act  giving  persons  in  the  civil  service  unlimited  QJiq^j)  gQ7 

TENURE   OF  OFFICE  OR  EMPLOYMENT  AND  DEFINING  THEIR  ^' 

RIGHTS  IN  CASE  OF  THEIR  DISCHARGE,  REMOVAL,  SUSPEN- 
SION, LAYING  OFF,  TRANSFER  OR  LOWERING  IN  RANK  OR 
COMPENSATION  OR  IN  CASE  OF  THE  ABOLITION  OF  THEIR 
OFFICES   OR   POSITIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1,     Chapter  thirty-one  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  amended  by  striking  out  section  forty-three,  as  ap-  amii'ided.^  ^^' 
pearing  in  the  Tercentenary  Edition,  and  inserting  in  place 
thereof  the  following  section :  —  Section  43.     (a)  Every  per-  Removal,  sus- 
son  holding  office  or  employment  under  permanent  appoint-  [ion  in"grad"° 
ment  in  the  official  or  labor  service  of  the  commonwealth,  or  transfer  of 

,  c       1      11   1  T      -j^     1    certam  persons 

or  of  any  county,  city  or  town  thereof,  shall  have  unlimited  in  classified 
tenure  of  office  or  employment,  subject  to  the  provisions  of  p"*"''"  ^^'■''"'''• 
this  chapter  and  the  rules  made  thereunder.  He  shall  not 
be  discharged,  removed,  suspended  for  a  period  exceeding 
seventy-two  hours,  laid  off,  transferred  from  such  office  or 
employment  without  his  consent,  lowered  in  rank  or  com- 
pensation, nor  shall  his  office  or  position  be  abolished,  except 
for  just  cause  and  for  reasons  specifically  given  him  in  writ- 
ing, together  with  a  printed  form  which  shall  state  his  rights 
under  the  civil  service  law.  Before  any  action  affecting 
employment  or  compensation  referred  to  in  the  preceding 
sentence  is  taken,  the  officer  or  employee  shall  be  given  a 
full  hearing  before  the  appointing  authority,  of  which  hear- 
ing he  shall  have  at  least  seventy-two  hours'  written  notice 


820 


Acts,  1945. —  Chap.  667. 


Hearings. 


Hearing  may 
be  public. 


Review  by 
district  court* 


Temporary 
■uapension. 


from  the  appointing  autliority  otherwise  expressly  provided 
in  this  chapter.  Within  forty-eight  hours  after  completion 
of  said  hearing,  the  appointing  authority  shall  give  to  the 
employee  affected  a  written  notice  of  his  decision,  stating 
fully  and  specifically  the  reasons  therefor. 

(b)  If  within  five  days  after  receiving  written  notice  of 
the  decision  of  the  appointing  authority  the  person  so  dis- 
charged, removed,  suspended,  laid  off,  transferred  or  low- 
ered in  rank  or  compensation,  or  whose  office  or  position 
was  abolished,  shall  so  request  in  writing,  he  shall  be  given 
a  hearing  before  a  member  of  the  commission  or  some  dis- 
interested person  designated  by  the  chairman  of  the  com- 
mission. Said  hearing  shall  be  commenced  in  not  less  than 
three  nor  more  than  ten  days,  and  shall  be  completed  within 
thirty  days,  after  the  filing  of  such  request,  and  the  findings 
shall  be  reported  forthwith  to  the  commission  for  action. 
The  decision  of  the  commission  shall  be  in  writing  and 
notice  thereof  sent  to  all  parties  concerned  within  ten  days 
after  the  filing  of  the  report.  If  the  commission  finds  that 
the  action  of  the  appointing  authority  was  justified,  such 
action  shall  be  affirmed;  otherwise,  it  shall  be  reversed  and 
the  person  concerned  shall  be  returned  to  his  office  or  posi- 
tion without  loss  of  compensation.  The  commission  may 
also  modify  any  penalty  imposed  by  the  appointing  au- 
thority. 

(c)  Any  hearing  under  this  section  shall,  if  either  party 
concerned  so  requests  in  writing,  be  public,  and  at  any  such 
hearing  the  person  concerned  shall  be  allowed  to  answer  the 
charges  preferred  against  him  either  personally  or  by  coun- 
sel. No  such  hearing  shall  be  continued  for  a  period  of  more 
than  thirty  days  except  upon  agreement  of  both  parties. 

(d)  The  reasons,  notices  and  answers  and  the  order  of 
discharge,  removal,  suspension,  layoff,  transfer,  lowering  in 
rank  or  compensation  or  abolition  of  the  office  or  position, 
and  the  facts  as  found  by  the  commission,  shall  be  subject 
to  judicial  review  by  the  district  court  within  the  judicial 
district  of  which  such  person  resides,  as  provided  in  section 
forty-five. 

(e)  A  temporary  suspension  for  a  period  not  exceeding 
seventy-two  hours  may  be  made  only  by  the  appointing 
authority  or  by  a  subordinate  to  whom  such  authority  has 
been  delegated,  and  may  only  be  made  pending  a  hearing, 
which  shall  be  held  by  the  appointing  authority  within  said 
seventy-two  hours.  If  the  suspension  was  found  to  be  with- 
out just  cause,  the  officer  or  employee  so  suspended  shall  be 
deemed  not  to  have  been  suspended  from  the  service,  and 
he  shall  be  returned  to  his  former  office  or  position  without 
loss  of  compensation.  In  the  event  that  the  appointing 
authority  finds  just  cause  for  further  suspension,  he  shall 
within  forty-eight  hours  after  the  hearing  give  notice  in 
writing  to  the  suspended  officer  or  employee,  stating  specifi- 
cally the  reasons  for  such  suspension,  together  with  a  printed 
form  which  shall  state  his  rights  under  the  civil  service  law, 


Acts,  1945.  —  Chap.  667.  821 

and  shall  send  a  copy  of  such  reasons  forthwith  to  the  di- 
rector, together  with  a  request  for  the  reinstatement  of  the 
officer  or  employee  to  be  effective  at  the  expiration  of  the 
period  of  suspension.  If  the  officer  or  employee  desires  to 
appeal  from  this  decision,  paragraphs  (h),  (c)  and  {d)  of  this 
section  shall  apply. 

(/)  An  officer  or  employee  shall  automatically  be  rein-  Automatic 
stated  at  the  end  of  the  first  period  for  which  he  was  sus-  '^^'"^  ^  *^'"^'' 
pended.     Any  subsequent  reinstatement  after  suspension 
shall  be  subject  to  the  approval  of  the  director,  and,  if 
denied,  an  appeal  may  be  taken  to  the  commission,  as  pro- 
vided in  section  two  (6). 

Whenever  any  hearing  is  held  by  a  member  of  the  com- 
mission or  some  disinterested  person  designated  by  the 
chairman  of  the  commission,  as  authorized  by  paragraph 
(6)  of  this  section,  such  person  shall  be  paid  a  sum  not  to 
exceed  fifteen  dollars  per  day;  and  such  compensation  shall 
be  in  addition  to  any  compensation  provided  for  in  section 
two  A  of  chapter  thirteen. 

Section  2.  Said  chapter  thirty-one  is  hereby  further  g.  l.  (Ter. 
amended  by  striking  out  section  forty-five,  as  amended  by  et«i. 'amended. 
section  two  of  chapter  two  hundred  and  forty-nine  of  the 
acts  of  nineteen  hundred  and  thirty-four,  and  inserting  in 
place  thereof  the  following  section :  —  Section  45.  Within  judicial  re- 
thirty  days  after  action  by  the  commission  on  a  hearing  J^^n^vlisre^tc'" 
provided  for  in  section  forty-three,  the  person  who  was  dis- 
charged, removed,  suspended,  laid  off,  transferred  or  lowered 
in  rank  or  compensation,  or  whose  office  or  position  was 
abolished,  may,  if  said  action  was  affirmed  by  the  com- 
mission, bring  a  petition  in  the  district  court  within  the 
judicial  district  of  which  such  person  resides,  addressed  to 
the  justice  of  the  court,  praying  that  the  action  of  the  ap- 
pointing authority  and  of  the  commission  in  discharging, 
removing,  suspending,  laying  off  or  transferring  him  or 
lowering  him  in  rank  or  compensation  or  abolishing  his 
office,  may  be  reviewed  by  the  court,  and,  after  such  notice 
to  the  appointing  authority  and  the  commission  as  the  court 
deems  necessary,  it  shall  hear  witnesses,  review  such  action, 
and  determine  whether  or  not  upon  all  the  evidence  such 
action  was  justified.  If  the  court  finds  that  such  action  was 
justified  the  action  of  the  appointing  authority  and  of  the 
commission  shall  be  affirmed;  otherwise  they  shall  be  re- 
versed and  the  petitioner  shall  be  reinstated  in  his  office  or 
position  without  loss  of  compensation.  The  decision  of  the 
court  shall  be  final  and  conclusive  upon  the  parties,  and  a 
copy  of  the  decision  shall  be  forwarded  forthwith  by  the 
clerk  of  the  court  to  the  director. 

Section  3.     Section  forty-five  B  of  said  chapter  thirty-  £%V-iT5''4gR 
one,  inserted  by  chapter  one  hundred  and  thirty-five  of  the  etc!. 'amended.' 
acts  of  nineteen  hundred  and  forty-one,  is  hereby  amended 
by  striking  out,  in  the  fifth  and  sixth  lines,  the  words  ''sec- 
tions forty-two  B  and  forty-five  of  this  chapter"  and  in- 
serting in  place  thereof  the  words :  —  section  forty-five,  — 


822 


Acts,  1945.  —  Chap.  668. 


and  by  striking  out,  in  the  eleventh  hne,  the  word  "sec- 
tions" and  inserting  in  place  thereof  the  word:  —  section,  — 
Reports  of        SO  as  to  lead  as  follows:  —  Section  45B.     Each  clerk  of  a 
'^ii.ns'h/'cicrks   district  court  shall,  annually  on  or  before  October  fifteenth. 


t 

of  (listrint 
courts 


G.  L.  (Ter. 
Ed.),  31, 
§§  42A,  42B, 
46,  40B,  etc., 
repealed. 


make  a  written  report  to  the  director,  containing  the  follow- 
ing information :  —  number  of  petitions  brought  before  his 
court  under  section  forty-five  during  the  year  ending  on  the 
next  preceding  September  thirtieth,  the  position  and  place 
of  employment  of  each  petitioner,  the  nature  of  the  action 
sought  to  be  reviewed  in  each  case,  and  the  decision,  if  any, 
of  the  court  in  each  such  case,  together  with  all  decisions  of 
the  court  in  all  cases  brought  under  said  section  which  were 
pending  and  undecided  at  the  beginning  of  said  year. 

Section  4,  Sections  forty-two  A,  forty-two  B,  forty-six 
and  forty-six  B  of  said  chapter  thirty-one,  as  amended,  and 
chapter  two  hundred  and  forty-two  of  the  acts  of  nineteen 
hundred  and  twenty-three,  as  amended,  are  hereby  repealed. 

Approved  July  23,  1945. 


Chap.QQS  An  Act  providing  for  the  payment  by  cities  and  towns 
OF  additional  amounts  for  expenses  of  the  funeral 
and  burial  of  certain  poor  and  indigent  persons 
and  for  state  reimbursement  therefor  in  unsettled 

CASES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  eighteen  A  of  chapter  one  hundred 
and  seventeen  of  the  General  Laws,  inserted  by  chapter 
four  hundred  and  sixty-five  of  the  acts  of  nineteen  hundred 
and  thirty-eight,  is  hereby  amended  by  adding  at  the  end 
the  following  paragraph :  — 

In  such  a  case,  the  town  shall  also  pay  to  the  funeral 
director  such  additional  sum,  if  any,  not  exceeding  fifty 
dollars,  as  may  be  expended  for  procuring  a  burial  place  for 
the  body  of  the  deceased,  opening  the  grave,  obtaining  the 
use  of  interment  devices  and  transporting  the  body  of  the 
deceased  to  a  cemetery  beyond  a  distance  of  ten  miles. 

Section  2.  Section  seventeen  of  said  chapter  one  hun- 
dred and  seventeen,  as  most  recently  amended  by  section 
eight  of  chapter  three  hundred  and  fifty-one  of  the  acts  of 
nineteen  hundred  and  forty-one,  is  hereby  further  amended 
by  striking  out  the  last  sentence,  as  appearing  in  chapter 
three  hundred  and  seventy  of  the  acts  of  nineteen  hundred 
and  thirty-nine,  and  inserting  in  place  thereof  the  following 
sentence :  —  The  expense  thereof  may  be  recovered  of  their 
kindred,  if  any,  chargeable  by  law  for  their  support  in  the 
manner  provided  in  this  chapter;  and  if  the  expense  of  their 
funeral  and  burial  is  not  paid  by  such  kindred,  an  amount 
not  exceeding  one  hundred  dollars  for  the  funeral  expenses  of 
each  person  over  twelve  years  of  age,  together  with  such 
additional  amount,  if  any,  not  exceeding  fifty  dollars,  as 
may  be  paid  by  the  town  as  provided  in  the  second  para- 


G.  L.  (Ter. 
Ed.),  117, 
§  ISA,  etc., 
amended. 


Additional 
payment  for 
certain  ex- 
penses. 


G.  L.  (Ter. 
Ed.),  117,  §17, 
etc.,  amended. 


Amounts 
payable  for 
burial,  etc., 
expenses  of 
certain  indi- 
gent persons. 


Acts,  1945. —  Chaps.  669,  670.  823 

graph  of  section  eighteen  A,  and  not  exceeding  forty  dollars 
for  the  funeral  and  burial  expenses  of  each  person  under  that 
age,  shall  be  paid  by  the  commonwealth,  subject  to  the 
provisions  of  section  forty-two  of  chapter  one  hundred  and 
twenty-one;  provided,  that  the  board  of  public  welfare  shall 
file  with  each  claim  an  affidavit  of  the  funeral  director 
stating  the  total  amount  of  his  bill,  the  amount  received 
from  the  town  and  the  amount  received  from  all  other 
sources;  and  provided,  further,  that  if  the  total  expense  of 
the  funeral  and  bm-ial,  by  whomsoever  incurred,  shall  ex- 
ceed the  sum  of  one  hundred  dollars  or  one  hundred  and 
fifty  dollars,  as  the  case  may  be,  no  payment  therefor  shall 
be  made  by  the  commonwealth. 

Approved  July  23,  1945. 


Chap.Qm 


An  Act  authokizing  the  city  of  boston  to  pay  an  an- 
nuity TO  THE  WIDOW  OF  ROBERT  A.  MAYER,  A  FORMER 
COURT  OFFICER  OF  THE  MUNICIPAL  COURT  OF  THE  CITY 
OF   BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  promoting  the  public 
good,  the  city  of  Boston  may  pay  to  Ann  C.  Mayer,  widow 
of  Robert  A.  Mayer,  a  former  court  officer  of  the  municipal 
court  of  the  city  of  Boston,  who  died  as  a  result  of  injuries 
received  in  the  performance  of  his  duty  after  having  faith- 
fully served  said  city  and  the  county  of  Suffolk  for  more 
than  twenty-four  years,  an  annuity  of  thirteen  hundred  and 
fifty  dollars,  payable  in  monthly  instalments,  the  same  to 
continue  as  long  as  she  remains  unmarried. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance during  the  current  year  by  vote  of  the  city  council 
of  the  city  of  Boston,  subject  to  the  provisions  of  its  charter, 
but  not  otherwise.  Approved  July  23,  1945. 

An  Act  requiring   cities,  except  boston,  and  towns  (7/^^r)  670 

to    REIMBURSE    POLICE    OFFICERS    AND    FIREMEN    FOR    EX- 
PENSES   CAUSED   BY   INJURIES  RECEIVED   IN   LINE   OF  DUTY. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  forty-one  of  the  General  Laws  is  hereby  amended  Ed^ii^lioo 
by  striking  out  section  one  hundred,  as  amended  by  chapter  etc!, 'amended. ' 
two  hundred  and  ninety-eight  of  the  acts  of  nineteen  hun- 
dred and  thirty-eight,  and  inserting  in  place  thereof  the 
following:  —  Section  100.     A  city,  town,  fire  or  water  dis-  indenmifica- 
trict  shall  indemnify  a  police  officer,  fireman  or  a  member  etc",  for^dam-*^' 
of  the  fire  department  or  a  person  required  to  assist  a  police  ^^'^^  sustained. 
officer  in  the  discharge  of  his  duties,  to  an  amount  not  more 
than  the  amount  recommended  by  the  board  or  officer  au- 
thorized to  appoint  police  officers,  firemen  or  members  of 
the  fire  department  of  such  city,  town  or  district,  for  ex- 
penses or  damages  sustained  by  him  while  acting  as  a  police 


824  Acts,  1945.  —  Chaps.  671,  672. 

officer,  fireman  or  member  of  the  fire  department  or  as  such 
assistant,  or  incurred  by  him  in  the  defence  or  settlement  of 
an  action  brought  against  him  for  acts  done  by  him  while  so 
acting,  and  such  damages  shall  include  loss  of  pay  by  reason 
of  absence  from  duty  on  the  part  of  such  officer,  fireman  or 
member  because  of  temporary  incapacity  caused  by  injury 
suffered  through  no  fault  of  his  own  while  in  the  actual 
performance  of  duty;  and,  if  such  officer,  fireman,  member 
or  person  be  dead,  such  expenses  or  damages  shall  be  pay- 
able to  his  widow,  or,  if  he  leaves  no  widow,  then  to  his  next 
of  kin  who,  at  the  time  of  his  death,  were  dependent  upon 
his  wages  for  support.  For  the  purposes  of  this  section,  call 
firemen  shall  be  considered  members  of  a  fire  department. 
This  section  shall  be  construed  to  require  a  city  or  town 
to  pay  compensation,  in  the  manner  herein  provided,  for 
damages  for  personal  injuries,  whether  or  not  death  results, 
and  for  property  damage  sustained  by  a  person  while  as- 
sisting a  police  officer  thereof  in  the  discharge  of  his  duty 
upon  his  requirement.  This  section  shall  not  apply  to  the 
City  of  Boston  city  of  Bostou.  Approved  July  23,  1946. 

Chap. ^11  An  Act  further  regulating  the  creditable  service  of 

CERTAIN   VETERANS   IN   THE   PUBLIC   SERVICE,    UPON   THEIR 
RETIREMENT   THEREFROM. 

Be  it  enacted,  etc.,  as  follows: 

%'d!)',  32,^new         Chapter  thirty-two  of  the  General  Laws  is  hereby  amended 
§  58A,  added,     by  inserting  after  section  fifty-eight  the  following  section :  — 
Military  serv-    Sectiou  58 A.    A  Veteran  eligible  to  retirement  under  section 
('icemed^cred-     fifty-six,  fifty-seveu  or  fifty-eight  of  this  chapter  who  was 
itabie  service,     employed  in  the  service  of  the  commonwealth  or  any  county, 
city,  town  or  district  thereof,  prior  to  his  entrance  into  the 
military  or  naval  service  of  the  United  States  and  upon 
whose  discharge  or  release  therefrom  was  reinstated  or  re- 
employed in  his  former  position  or  a  similar  position  shall 
have  credited  to  him,  as  creditable  service,  the  period  of  his 
said  military  or  naval  service.        Approved  July  23,  191^5. 

Chap.Q72  An  Act  increasing  the  amount  of  annuities  payable 

TO    THE    WIDOWS    OF    CERTAIN    DECEASED    POLICEMEN    AND 
FIREMEN   OF   THE   CITY   OF   BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  ninety-three  of  the 
Special  Acts  of  nineteen  hundred  and  nineteen,  as  amended 
by  chapter  sixty-eight  of  the  acts  of  nineteen  hundred  and 
twenty,  is  hereby  further  amended  by  striking  out,  in  the 
seventh  fine,  the  words  "six  hundred"  and  inserting  in  place 
thereof  the  words:  —  one  thousand,  —  so  as  to  read  as  fol- 
lows :  —  Section  1 .  Annuities  payable  to  the  widows  and 
children  of  deceased  poficemen  and  firemen  of  the  city  of 
Boston,  under  the  provisions  of  chapter  one  hundred  ancj 


Acts,  1945. —  Chaps.  673,  674.  825 

seventy-eight  of  the  acts  of  eighteen  hundred  and  eighty- 
seven  or  of  section  two  of  chapter  one  hundred  and  seven  of 
the  acts  of  eighteen  hundred  and  eighty,  shall  be  in  such 
sums,  not  exceeding  one  thousand  dollars,  as  the  city  council 
may  determine. 

Sectiox  2.  Annuities  referred  to  in  this  act  which  were 
granted  prior  to  its  effective  date  shall  be  payable  on  and 
after  said  date  in  the  amounts  provided  by  this  act. 

Section  3.  This  act  shall  take  effect  upon  its  acceptance 
by  vote  of  the  city  council  of  the  city  of  Boston,  subject  to 
the  provisions  of  its  charter,  but  not  otherwise. 

Approved  July  23,  1945. 


An  Act  authorizing  the  department  of  public  works  Chav.Q7S 
TO  improve  the  port  facilities  of  the  city  of  new 

BEDFORD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  department  of  public  worlcs,  for  the  pur- 
pose of  improving  the  port  facilities  of  the  city  of  New  Bed- 
ford, is  hereby  authorized  and  directed  to  construct  addi- 
tional pier  and  storage  terminal  facilities  on  the  property 
under  its  charge,  known  as  the  New  Bedford  state  pier  in 
said  city,  and  in  connection  therewith  may  do  such  dredg- 
ing and  place  such  filling,  and  may  construct  drains,  sewers, 
railroad  and  highway  connections  and  approaches  and  such 
other  appurtenances  and  improvements  as  may  be  necessary 
or  desirable,  and  may  remodel,  repair  and  extend  the  present 
pier  property  as  may  be  necessary. 

Section  2.  For  the  purposes  of  this  act,  the  department 
may  expend  such  sums,  not  exceeding,  in  the  aggregate,  two 
hundred  and  fift}^  thousand  dollars,  as  may  hereafter  be 
appropriated  therefor.  Approved  July  23,  1945. 


An  Act  authorizing  two  or  more  adjoining  municipal-  Cliav.QlA 
ities  to  form  a  district  for  the  purpose  OF  enforc- 
ing the  laws  relating  to  the  prevention  of  fire  and 
the  preservation  of  life,  health  and  morals. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  one  hundred  and  forty-three  of  the  g.  l.  (Ter. 
General  Laws  is  hereby  amended  by  striking  out  section  ^tc.'!'amfnded. 
three,  as  most  recently  amended  by  section  two  of  chapter 
five  hundred  and  forty-four  of  the  acts  of  nineteen  hundred 
and  forty-three,  and  inserting  in  place  thereof  the  following 
section:  —  Section  3.    Every  city,  subject  to  the  provisions  Regulations 
of  any  special  law  relative  thereto,  and  every  town,  for  the  ^.J'^ns!*'^  ^"'^ 
prevention  of  fire  and  the  preservation  of  life,  health  and 
morals,  by  ordinances  or  bj^-laws  consistent  with  law  and 
applicable  throughout  the  whole  or  any  defined  part  of  its 
territory,  may  regulate  the  inspection,  materials,  construc- 
tion, alteration,  repair,  height,  area,  location  and  use,  and 


826 


Acts,  1945. —  Chap.  674. 


Formation 
of  districts. 
Regulations 
by  districts. 


G.  L.  (Ter. 
Ed.).  143,  § 
amended. 


Notices  to 
assessors  of 
permits  for 
building. 


may  require  permits  or  licenses  therefor,  of  buildings  and 
other  structures  within  its  limits,  except  such  as  are  owned 
and  occupied  by  the  United  States,  or  owned  and  occupied 
by  the  commonwealth  or  by  any  county,  and  except  bridges, 
quays  and  wharves,  and  may  prescribe  penalties  not  exceed- 
ing one  hundred  dollars  for  every  violation  of  such  ordinances 
or  by-laws. 

Two  or  more  adjoining  cities  or  towns  may  by  vote,  in  a 
city  by  the  city  council  and  in  a  town  by  a  town  meeting, 
form  a  district  for  any  or  all  of  the  purposes  set  forth  in  the 
first  paragraph  of  this  section  and  for  the  purpose  of  appoint- 
ing an  inspector  of  buildings  in  said  district  for  the  enforce- 
ment therein  of  the  intent  of  such  purposes  and  of  such  other 
provisions  of  this  chapter  as  it  may  thereunder  be  his  duty 
to  enforce.  Said  inspector  of  buildings  shall  be  appointed, 
and  may  at  pleasure  be  removed,  by  a  joint  committee  com- 
posed of  the  mayor  or  chairman  of  the  board  of  selectmen, 
of  each  such  city  or  town.  The  committee  shall  determine 
the  relative  amount  of  service  to  be  performed  by  such  in- 
spector of  buildings  in  each  such  city  or  town,  fix  his  salary, 
together  with  incidental  expenses  of  the  office,  apportion  the 
amount  of  such  salary  and  expenses  to  be  paid  by  each  such 
city  or  town  and  certify  the  same  to  the  treasurer  thereof. 
Any  constituent  city  or  town  by  vote  may  withdraw  from 
the  district  at  the  end  of  any  fiscal  year  if  such  withdrawal 
is  voted  in  the  manner  aforesaid  not  less  than  sixty  days 
prior  to  the  end  of  any  fiscal  year  and  notice  of  such  vote  filed 
with  each  other  city  and  town  in  the  district. 

Except  as  otherwise  provided,  all  provisions  of  this  chap- 
ter shall  be  binding,  without  further  acceptance,  upon  each 
city,  town  or  district  in  which  the  provisions  of  this  section 
are  in  force  and  upon  such  officers  or  boards  therein  who, 
under  this  section  or  under  any  ordinance,  by-law  or  rule  or 
regulation  authorized  by  this  section  may  be  charged  with 
the  duty  of  inspecting,  or  issuing  permits  for,  the  construc- 
tion, alteration,  repair,  height,  area,  location  or  use  of  build- 
ings or  other  structures  within  the  limits  of  such  city,  town 
or  district. 

Nothing  in  this  chapter  shall  be  construed  as  prohibiting 
any  city  or  town  in  which  the  provisions  of  this  section  are 
in  force,  but  subject,  however,  in  the  case  of  a  city  to  the 
provisions  of  any  special  law  relative  thereto,  from  impos- 
ing, by  ordinance  or  by-law,  further  restrictions,  in  accord- 
ance with  the  generally  accepted  standards  of  engineering 
practice  and  not  inconsistent  with  law,  relative  to  any  build- 
ing or  other  structure  within  its  limits  which  is  subject  to 
this  section;  but  no  such  city  or  town  shall  have  power  to 
minimize,  avoid  or  repeal  any  provision  of  this  chapter. 

Section  2.  Said  chapter  one  hundred  and  forty-three  is 
hereby  further  amended  by  striking  out  section  sixty-one, 
as  appearing  in  the  Tercentenary  Edition,  and  inserting  in 
place  thereof  the  following  section :  —  Section  61 .  The  in- 
spector of  buildings  in  every  city  a,nd  town  having  such  an 


Acts,  1945.  —  Chaps.  675,  676,  677.  827 

officer  shall  give  written  notice  to  the  assessors  thereof,  and 
the  inspector  of  buildings  of  a  district  referred  to  in  section 
three  shall  give  written  notice  to  the  assessors  of  the  cities 
and  towns  therein,  of  the  granting  by  him  of  permits  for 
the  construction  of  any  building  in  such  city  or  town  or  for 
any  substantial  alteration  or  addition  thereto.  Such  notice 
shall  be  given  within  seven  days  after  the  granting  of  each 
permit,  and  shall  state  the  name  of  the  person  to  whom  the 
permit  was  granted  and  the  location  of  the  building  to  be 
constructed  or  altered  or  to  which  an  addition  is  to  be  made. 

Approved  July  23,  1945. 

An  Act  giving  tenure  of  office  to  certain  employees  (Jfiar)  675 
OF  institutions  under  the  control  of  the  depart- 
ment  of  mental  health. 

Be  it  enacted,  etc.,  as  follows: 

The  chief  engineers  at  institutions  under  the  control  of 
the  department  of  mental  health,  as  well  as  all  persons 
regularly  serving  under  said  engineers  or  maintenance  fore- 
men in  said  institutions,  on  the  effective  date  of  this  act, 
who  were  employed  in  such  institutions  on  or  before  De- 
cember seventh,  nineteen  hundred  and  forty-one,  and  who 
have  been  continuously  in  the  employ  of  said  department 
in  said  institutions,  may  continue  to  serve  in  their  respective 
positions  and  their  tenure  of  office  shall  be  unlimited,  and 
they  may  be  removed  therefrom,  lowered  in  rank  or  com- 
pensation, or  transferred,  only  in  the  manner  provided  by 
the  civil  service  laws.  Approved  Jidy  23,  1945. 


Chap.Q7Q 


An   Act   providing   for   quarters   outside   the   state 
house  for  the  division  of  child  guardianship. 

Be  it  enacted,  etc.,  as  follows: 

For  the  purpose  of  providing  accommodations  outside 
the  state  house  for  the  division  of  child  guardianship  of  the 
department  of  public  welfare,  the  commission  on  adminis- 
tration and  finance,  with  the  approval  of  the  governor  and 
council,  is  hereby  authorized,  on  behalf  of  the  common- 
wealth, to  acquire  a  suitable  building  in  the  city  of  Boston, 
and  to  make  such  alterations  and  improvements  therein  as 
may  be  necessary.  For  said  purpose,  said  commission  'may 
expend  such  sums,  not  exceeding,  in  the  aggregate,  two  hun- 
dred thousand  dollars,  as  may  hereafter  be  appropriated 
therefor.  Approved  July  23,  1945. 

An  Act  relative  to  the  computation  of  allowances  rjidrf  PJiCJ 

FOR     maintenance     INCLUDED     IN     RETIREMENT     ALLOW- 
ANCES  of  CERTAIN  WAR  VETERANS  IN  THE  PUBLIC  SERVICE. 

Be  it  enacted,  etc.,  as  follows: 

Section   fifty-six   of   chapter   thirty-two   of  the   General  %^x\^''\^Q 
Laws,  as  most  recently  amended  by  section  one  of  chapter  etc!, 'amended! 


828 


Acts,  1945.  —  Chaps.  678,  679. 


Maintenance 
defined. 


five  hundred  and  fourteen  of  the  acts  of  nineteen  hundred 
and  forty-three,  is  hereby  further  amended  by  adding  at  the 
end  the  following  paragraph :  — 

Any  allowance  for  maintenance  referred  to  in  this  section 
or  in  section  fifty-seven  or  fifty-eight,  if  received  otherwise 
than  as  a  cash  payment,  shall  be  in  an  amount  equal  to  the 
value  thereof  as  fixed  by  the  director  of  personnel  and 
standardization  if  the  veteran  is  in  the  employ  of  the  com- 
monwealth, by  the  county  personnel  board  if  the  veteran 
is  in  the  employ  of  a  county,  and  by  the  retiring  authority 
if  the  veteran  is  in  the  employ  of  a  citj^,  town  or  district. 

Approved  July  23,  1946. 


C hap. d7S  ^^  Act  relative  to  the  retirement  of  certain  war 

VETERANS   IN   THE    PUBLIC    SERVICE. 


G.  L.  (Ter. 
Ed.),  32,  §  60. 
etc.,  amended. 


.\cceptanoe  of 
four  preceding 
sections. 


Be  it  enacted,  etc.,  as  follows: 

Chapter  thirty-two  of  the  General  Laws  is  hereby  amended 
by  striking  out  section  sixty,  as  most  recently  amended  by 
section  two  of  chapter  four  hundred  and  eighty-three  of  the 
acts  of  the  current  year,  and  inserting  in  place  thereof  the 
following  section:  —  Section  60.  Sections  fifty-six  to  fifty- 
nine,  inclusive,  shall,  notwithstanding  the  provisions  of  any 
general  or  special  law  relating  to  retirement  allowances, 
take  effect  in  any  county,  city,  town  or  district  upon  their 
acceptance  prior  to  January  first,  nineteen  hundred  and 
forty-six,  by  the  retiring  authority  of  the  particular  county, 
city,  town  or  district. 

No  veteran  whose  employment  first  begins  after  June 
thirtieth,  nineteen  hundred  and  thirty-nine,  shall  be  subject 
to  the  provisions  of  sections  fifty-six  to  fifty-nine,  inclusive. 

Approved  July  23,  1945. 


Chap. 679  An  Act  relative  to  the  establishment  and  operation 

OF   POULTRY   slaughtering   HOUSES. 


G.  L.  (Ter. 
Ed.),  94,  new 
§  139A,  added. 

Fvioense  re- 
quired. 


Be  it  enacted,  etc.,  as  follows: 

Chapter  ninety-four  of  the  General  Laws  is  hereby 
amended  by  inserting  after  section  one  hundred  and  thirty- 
nine  the  following  section:  —  Section  139 A.  No  person  shall 
maintain  an  establishment  for  the  slaughtering  of  poultry 
without  a  license  from  the  board  of  health  of  the  town  where 
the  establishment  is  or  is  to  be  located.  Any  person  de- 
siring such  a  license  may  make  written  application  to  such 
board,  stating  the  location  of  the  establishment  and  such 
other  information  as  may  be  required  by  rules  and  regu- 
lations for  the  enforcement  of  this  section,  which  the  de- 
partment of  public  health  is  hereby  authorized  to  make. 
Upon  receipt  of  the  application  the  said  board  shall  cause 
an  examination  of  the  establishment  to  be  made,  and  if  it  is 
found  to  be  in  a  sanitary  condition,  and  to  conform  to  the 
requirements  of  said  rules  and  regulations,  and  otherwise  to 
be  properly  equipped  for  the  business  of  slaughtering  poul- 


Acts,  1945. —Chaps.  680,  681.  829 

try,  said  board,  upon  receipt  of  a  license  fee  of  such  amount, 
not  less  than  one  dollar  nor  more  than  ten  dollars,  as  it  may 
from  time  to  time  fix,  shall  issue  a  license  authorizing  the 
applicant  to  carry  on  such  establishment  for  the  slaughter- 
ing of  poultry  for  one  year.  If  any  such  establishment  li-  Suspension 
censed  hereunder  is  deemed  by  the  board  issuing  such  license  °^  '"'^"^«- 
or  by  the  department  of  public  health  to  be  operated  or 
maintained  in  an  unsanitary  manner,  or  in  violation  of  any 
of  said  rules  and  regulations,  or  not  properly  equipped  for 
the  business  of  slaughtering  poultry,  the  board  or  the  depart- 
ment shall  close  such  establishment  until  such  time  as  it  has 
been  put  in  a  condition  to  conform  with  the  requirements  of 
this  section,  and  said  board  or  department  may  also  sus- 
pend the  license  if  the  required  changes  are  not  made  within 
a  reasonable  time. 

Whoever,  himself  or  by  his  servant  or  agent,  violates  any  Penalty. 
provision  of  this  section,  or  of  the  rules  and  regulations  made 
hereunder,  shall  be  punished  for  the  first  offence  by  a  fine 
of  not  more  than  one  hundred  dollars,  and  for  a  subsequent 
offence  by  a  fine  of  not  less  than  fifty  nor  more  than  three 
hundred  dollars. 

This  section  shall  not  apply  to  persons  who  are  engaged  ^"/^^'t  ^"""""^ 
in  the  business  of  selling  eggs  and  slaughter  poultry  owned 
by  them.  Approved  July  23,  1945. 


An  Act  further  defining  the  term  "laborers,  work-  (JJid^  gsn 

MEN    AND    mechanics"    AS    USED    IN    CERTAIN    PROVISIONS 
OF   THE   LABOR  LAWS   RELATING   TO   HOURS   OF   LABOR. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  forty-nine  of  the  General  Laws  g.  l.  (Ter. 
is  hereby  amended  by  striking  out  section  thirty-two,  as  amemLlL'  ^  ^^'' 
appearing  in  the  Tercentenary  Edition,  and  inserting  in  place 
thereof  the  following  section :  —  Section  32.     In  construing  Definitions, 
sections  thirty,  thirty-one,  thirty-three  and  thirty-four  the 
words  "laborers,  workmen  and  mechanics"  shall  be  deemed 
to  include  engineers  and  also  janitors,  custodians  and  other 
employees  doing  similar  work  in  schools  or  other  public 
buildings  under  the  jurisdiction  of  any  department,  commis- 
sion or  board  of  the  commonwealth  or  of  any  county,  city 
or  town,  and  a  threat  of  loss  of  employment  or  a  threat  to 
obstruct  or  prevent  the  obtaining  of  employment  or  to  re- 
frain from  employing  in  the  future  shall  be  considered  to  be 
"requiring"  within  the  meaning  of  sections  thirty,  thirty- 
one  and  thirty-four.  Approved  July  23,  1945. 

An  Act  providing  for  the  inclusion  of  a  representa-  Chav  681 

TIVE   of   labor    on    THE   CIVIL   SERVICE   COMMISSION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Section  two  of  chapter  thirteen  of  the  Gen-  g.  l.  (Ter. 
eral  Laws,  as  amended,  is  hereby  further  amended  by  insert-  etc.,  amended. 


830  Acts,  1945. —  Chap.  682. 

ing  after  the  word  "members",  in  the  sixth  Hne,  as  appearing 
in  section  two  of  chapter  two  hundred  and  thirty-eight  of 
the  acts  of  nineteen  hundred  and  thirty-nine,  the  following: 
—  ,  one  of  whom,  because  of  vocation,  employment,  occu- 
pation or  affiliation,  can  be  classed  as  a  bona  fide  representa- 
tive of  labor,  —  so  that  the  first  paragraph  will  read  as  fol- 
Commission.  ^Q^g .  —  'pjjg  divisiou  of  civil  service  shall  be  under  the 
supervision  and  control  of  a  director  of  civil  service,  who 
shall  be  the  executive  and  administrative  head  of  the  divi- 
sion, and  a  commission,  to  be  known  as  the  civil  service 
commission,  consisting  of  five  members,  one  of  whom,  be- 
cause of  vocation,  employment,  occupation  or  affiliation,  can 
be  classed  as  a  bona  fide  representative  of  labor. 

Section  2.  Notwithstanding  the  provisions  of  this  act, 
the  members  of  the  civil  service  commission  in  office  on  the 
effective  date  of  this  act  shall  continue  to  hold  office  in 
accordance  with  the  terms  of  their  respective  appointments. 

Approved  July  23,  1945. 


Chap. QS2  An  Act  making  appropriations  for  the  maintenance  of 

ACTIVITIES  UNDER  CONTROL  OF  THE  METROPOLITAN  DIS- 
TRICT commission  for  THE  FISCAL  YEAR  BEGINNING  JULY 
FIRST,  NINETEEN  HUNDRED  AND  FORTY-FIVE  AND  ENDING 
JUNE   THIRTIETH,    NINETEEN    HUNDRED    AND    FORTY-SIX. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  To  provide  for  the  maintenance  of  activities 
under  the  control  of  the  metropolitan  district  commission, 
and  for  certain  improvements,  and  to  meet  certain  require- 
ments of  law,  the  sums  set  forth  in  section  two,  for  the  sev- 
eral purposes  and  subject  to  the  conditions  specified  in  said 
section  two,  are  hereby  appropriated  to  be  expended  under 
the  direction  and  with  the  approval  of  the  metropolitan  dis- 
trict commission,  subject  to  the  provisions  of  law  regulating 
the  disbursement  of  public  funds  and  the  approval  thereof, 
for  the  fiscal  year  ending  June  thirtieth,  nineteen  hundred 
and  forty-six,  in  said  section  two  referred  to  as  the  year  nine- 
teen hundred  and  forty-six,  or  for  such  other  period  as  may 
be  specified. 

Section  2.  The  following  appropriations  are  made  from 
the  General  Fund: 

Bunker  Hill  Monument. 

Item 

2801-00  For  the  maintenance  of  Bunker  Hill  monu- 
ment and  the  property  adjacent,  to  be  ex- 
pended by  the  metropolitan  district  com- 
mission ......         $11,585  GO 

2801-21  For  certain  repairs  to  the  monument  and 
grounds,  to  be  expended  by  the  metro- 
politan district  commission       .         .         .  9,500  00 


Acts,  1945.  —  Chap.  682.  831 

The  following  appropriations  are  made  from  the  Highway 

Fund: 

Metropolitan  District  Commission. 
Item 

2931-01  For  personal  services  and  other  expenses  of 
general  administration,  including  not  more 
than  fifty  permanent  positions,  partly 
chargeable  to  item  8501-00      .         .         .         $29,250  00 

2931-03  For  maintenance  of  boulevards  and  park- 
ways, including  installation  of  traffic  lights      1,195,485  00 

2931-04  For  resurfacing  and  repairing  boulevards  and 
parkways,  to  be  in  addition  to  any  unex- 
pended balance  of  the  appropriation  made 
for  the  purpose  in  previous  years  .         250,000  00 

2931-21     (This  item  omitted.) 

2931-22  For  replanting  and  regrading  Neponset  Cir- 
cle, so  called 5,000  00 

2931-23     For  certain  repairs  to  the  tidegates  on  the 

Mystic  Valley  Parkway,  so  called     .         .  4,800  00 

2931-24  For  repairing  and  painting  a  certain  iron 
fence  on  the  Mystic  Valley  Parkway,  so 
called 1,500  00 

2931-25  For  repairing  and  painting  a  certain  iron 
fence  on  the  river  waU  on  the  Cambridge 
Parkway,  so  called  ....  1,500  00 

2931-26     For  rebuilding  a  certain  part  of  the  river  wall 

on  the  Mystic  Valley  Parkway,  so  called  .  7,500  00 

2931-27  For  the  cost  of  certain  repairs  for  shore  pro- 
tection at  Lynn  shore,  Quincy  shore,  Win- 
throp  Highlands  and  Winthrop  Parkway, 
so  called 120,000  00 

2931-28     (This  item  included  in  item  2931-27.) 

2931-29     (This  item  included  in  item  2931-27.) 

2931-30     For  the  cost  of  extending  a  certain  drain  at 

Quincy  shore  boulevard,  so  called     .         .  3,000  00 

2931-31     (This  item  included  in  item  2931-27.) 

2931-32     For  the  construction  of  a  certain  shelter  in 

the  West  Roxbury  Parkway,  so  called        ,  1,500  00 

The  following  appropriations  are  made  from  Metropolitan 
District  Commission  Funds: 

Item 

The  following  appropriations  are  to  be  as- 
sessed upon  the  several  districts  in  ac- 
cordance with  the  methods  fixed  by  law, 
unless  other\vise  provided: 
S.501-00     For  personal  services  and  other  expenses  of 

general  administration,  to  be  in  addition 

to  the  amount  appropriated  in  item  2931- 

01 $87,950  00 


832 


Acts,  1945. —  Chap.  682. 


Item 

8602-00 


8602-27 


8602-34 

8602-35 

8602-36 

8602-37 
8607-00 
8607-23 

8607-24 

8611-00 
8611-23 

8611-24 


For  maintenance  of  parks  reservations,  in- 
cluding the  retirement  of  veterans  under 
the  provisions  of  the  General  Laws  .       $fi  19,495  00 

For  the  cost  of  suppressing  gypsy  moths,  in- 
cluding certain  equipment,  to  be  assessed 
as  part  of  the  cost  of  maintenance  of  parks 
reservations,  to  be  in  addition  to  the 
amount  appropriated  in  item  8602-27  in 
section  two  of  chapter  four  hundred  and 
ninety  of  the  acts  of  the  current  year  10,000  00 

The  unexpended  balance  of  the  appropria- 
tion made  by  item  8602-33  in  section  two 
of  chapter  five  hundred  and  seventy-two 
of  the  acts  of  nineteen  hundred  and  forty - 
three  is  hereby  reappropriated. 

For  the  cost  of  repairing  and  repainting  cer- 
tain shelters  on  the  Revere  Beach  reserva- 
tion, to  be  assessed  as  part  of  the  cost  of 
maintenance  of  parks  reservations     .  .  9,000  00 

For  the  cost  of  repairing  certain  sanitaries  at 
the  Revere  Beach  reservation,  to  be  as- 
sessed as  part  of  the  cost  of  maintenance 
of  parks  reservations        ....  2,000  00 

For  certain  repairs  at  the  Hatch  memorial 
shell,  so  called,  to  be  assessed  as  part  of 
the  cost  of  maintenance  of  parks  reserva- 
tions        2,500  00 

For  the  expense  of  holding  band  concerts,  to 
be  assessed  as  part  of  the  cost  of  main- 
tenance of  parks  reservations  .  .  15,000  00 

For  maintenance  of  the  Charles  River  basin, 
including  retirement  of  veterans  under  the 
provisions  of  the  General  Laws  .  160,495  00 

For  certain  repairs  to  the  Fens  gate  house 
and  Boston  marginal  conduit,  so  called, 
to  be  assessed  as  part  of  the  cost  of  main- 
tenance of  the  Charles  River  basin    .         .  40,000  00 

For  certain  repairs  to  the  Cambridge  margi- 
nal conduit,  so  called,  to  be  assessed  as 
part  of  the  cost  of  maintenance  of  the 
Charles  River  basin         ....  3,000  00 

For  maintenance  of  the  Nantasket  Beach 
reservation     ......  61,685  00 

For  the  cost  of  removing  a  certain  ship- 
wrecked hulk  from  the  Nantasket  Beach 
reservation,  to  be  assessed  as  part  of  the 
cost  of  maintenance  of  the  Nantasket 
Beach  reservation  .....  8,000  00 

For  the  installation  of  certain  toilet  facilities 
at  the  Nantasket  Beach  reservation,  to  be 
assessed  as  part  of  the  cost  of  maintenance 
of  the  Nantasket  Beach  reservation  .  8,000  00 


Acts,  1945. —  Chap.  682. 


833 


Item 

8802-00 


8802-25 


8802-26 


8802-27 


8807-00 


8902-00 


8902-22 


8902-24 


8902-25 


8902-34 


8902-35 


For  the  maintenance  and  operation  of  a  sys- 
tem of  sewage  disposal  for  the  north 
metropolitan  sewerage  district,  including 
retirement  of  veterans  under  the  provi- 
sions of  the  General  Laws         .         .         .       $501,785  00 

For  the  installation  of  certain  coal  handling 
equipment  at  the  Deer  Island  pumping 
station,  to  be  assessed  as  part  of  the  cost 
of  maintenance  of  the  north  metropolitan 
sewerage  system      .....  15,000  00 

For  the  cost  of  enlarging  certain  door  open- 
ings at  the  East  Boston  pumping  station, 
to  be  assessed  as  part  of  the  north  metro- 
politan sewerage  system  .         .  3,000  00 

For  the  installation  of  an  additional  pumping 
unit  at  the  Reading  pumping  station,  to 
be  assessed  as  part  of  the  north  metropoli- 
tan sewerage  system         ....  4,200  00 

For  the  maintenance  and  operation  of  a  sys- 
tem of  sewage  disposal  for  the  south  met- 
ropolitan sewerage  district,  including  retire- 
ment of  veterans  under  the  provisions  of 
the  General  Laws 324,130  00 

For  the  maintenance  and  operation  of  the 
metropolitan  water  system,  including  re- 
tirement of  veterans  under  the  provisions 
of  the  General  Laws         ....      1,150,435  00 

For  emergency  repairs  to  water  mains,  to  be 
assessed  as  a  part  of  the  cost  of  mainte- 
nance of  the  metropolitan  water  system     .  10,000  00 

For  payment  to  the  county  commissioners 
of  Worcester  county  of  certain  assessments 
upon  the  former  touTi  of  Dana,  to  be  as- 
sessed as  a  part  of  the  cost  of  maintenance 
of  the  metropolitan  water  system      .  .  400  00 

For  personal  services  of  metropolitan  district 
police  at  the  Quabbin  Reservoir,  so  called, 
including  not  more  than  ten  permanent 
positions,  to  be  assessed  as  a  part  of  the 
cost  of  maintenance  of  the  metropolitan 
water  system 23,675  00 

For  the  construction  of  additions  and  im- 
provements to  certain  supply  and  distri- 
bution mains,  as  a  part  of  the  cost  of 
maintenance  of  the  metropolitan  water 
system,  to  be  in  addition  to  any  unex- 
pended balance  of  an  appropriation  made 
for  the  purpose  in  the  previous  years         .         176,000  00 

For  maintenance  expenses,  including  per- 
sonal services,  of  property  held  and  oper- 
ated by  the  metropolitan  water  supply 
commission,  to  be  assessed  as  a  part  of  the 
cost  of  maintenance  of  the  metropolitan 
water  system 143,000  00 


834  Acts,  1945. —  Chap.  683. 

Item 

8902-36  For  the  purchase  of  certain  pipe  and  valve 
stock,  to  be  assessed  as  a  part  of  the  cost 
of  maintenance  of  the  metropolitan  water 
system $75,000  00 

General  Fund $21,085  00 

Highway  Fund 1,619,535  00 

MetropoHtan  District  Commission  Funds     .      3,452,750  00 

Section  3.  No  moneys  appropriated  under  this  act  shall 
be  expended  for  reimbursement  for  the  expenses  of  meals  for 
persons  while  traveling  within  the  commonwealth  at  the  ex- 
pense thereof,  unless  such  reimbursement  is  in  accordance 
with  rules  and  rates  which  are  hereby  authorized  to  be  es- 
tablished from  time  to  time  by  the  commission  on  adminis- 
tration and  finance. 

Section  4.  The  allowance  to  state  employees  for  expenses 
incurred  by  them  in  the  operation  of  motor  vehicles  owned 
by  them  and  used  in  the  performance  of  their  official  duties 
shall  not  exceed  five  and  one  half  cents  a  mile. 

Section  5.  Amounts  included  for  permanent  positions 
in  sums  appropriated  in  section  two  for  personal  services 
are  based  upon  schedules  of  permanent  positions  and  salary 
rates  as  approved  by  the  joint  committee  on  ways  and 
means,  and,  except  as  otherwise  shown  by  the  files  of  said 
committee,  no  part  of  sums  so  appropriated  in  section  two 
shall  be  available  for  payment  of  salaries  of  any  additional 
permanent  positions,  or  for  payments  on  account  of  reallo- 
cations of  permanent  positions  or  on  account  of  any  change 
of  salary  range  or  compensation  of  any  permanent  position. 

Section  6.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  23,  1945. 


Chap.GSS  An  Act  further  regulating  the  granting  of  old  age 

assistance,  so  called. 

Be  it  enacted,  etc.,  as  follows: 
G.  L.  (Ter.  Section  1.     Scction  onc  of  chapter  one   hundred   and 

^tt! 'amended!'  eighteen  A  of  the  General  Laws,  as  most  recently  amended 
by  section  two  of  chapter  five  hundred  and  thirty-two  of 
the  acts  of  nineteen  hundred  and  forty-five,  is  hereby  fur- 
ther amended  by  striking  out,  in  the  last  line  of  the  last 
sentence  of  the  first  paragraph,  as  appearing  in  section  one 
of  chapter  four  hundred  and  eighty-nine  of  the  acts  of  nine- 
teen hundred  and  forty-three,  the  figure  "6"  and  inserting 
in  place  thereof  the  figure :  —  2,  —  so  that  said  sentence  will 
Deductions.  read  as  follows :  —  In  computing  the  aforesaid  minima  the 
local  board  of  public  welfare,  or  the  department  acting  on 
cases  appealed,  as  the  case  may  be,  shall,  in  accordance  with 
rules  and  regulations  made  by  the  department,  deduct  there- 
from the  amount  of  income  the  person  assisted  or  to  be 
assisted  may  be  receiving  from  any  source  whatsoever,  and 
may  so  deduct  therefrom  such  reasonable  amount  as  may 


Acts,  1945.  — Chap.  683.  835 

be  deemed  to  represent  the  financial  value  of  board,  lodging 
or  other  assistance  which  is  being  furnished  to  such  person 
from  any  source  whatever,  except  where  income  is  received 
from  children  living  with  the  aged  parent  or  parents  in  pay- 
ment of  board  and  lodging  to  the  amount  set  forth  in  clause  2 
of  section  two  A. 

Section  2.  Said  chapter  one  hundred  and  eighteen  A  is  g.  l.  (Xer. 
hereby  further  amended  by  striking  out  section  two,  as  most  ^tc^! 'amended^' 
recently  amended  by  section  two  of  chapter  four  hundred 
and  eighty-nine  of  the  acts  of  nineteen  hundred  and  forty- 
three,  and  inserting  in  place  thereof  the  following  section :  — 
Section  2.  Each  board  of  public  welfare  shall,  for  the  pur-  Bureau  of 
pose  of  granting  adequate  assistance  and  service  to  such  aged  alfce^^*'  '*^^'^*" 
persons,  estabhsh  a  division  thereof  to  be  designated  as  the 
bureau  of  old  age  assistance.  Boards  of  public  welfare  and 
bureaus  of  old  age  assistance  in  performing  the  duties  im- 
posed upon  them  and  in  exercising  the  powers  granted  to 
them  under  this  chapter  shall  be  subject  to  the  supervision 
of  the  department  and  shall  comply  with  all  rules  and  regu- 
lations adopted  by  the  department  pursuant  to  the  provisions 
of  this  chapter,  and  no  city  or  town  shall  receive  reimburse- 
ment from  the  commonwealth  under  this  chapter  with  re- 
spect to  any  case  unless  the  department  determines  that  the 
provisions  of  this  chapter  relative  to  the  minima  provided  in 
section  one  have  been  complied  with  by  such  city  or  town 
with  respect  to  such  case.  In  addition,  no  city  or  town 
shall  receive  reimbursement  from  the  commonwealth  under 
this  chapter,  or  be  entitled  to  participate  in  money  received 
from  the  federal  government  under  the  provisions  of  section 
seven  unless  the  department  has  approved  its  current  budg- 
etary standards  and  determined  that  the  rules  and  regula- 
tions of  said  department  in  connection  therewith  have  been 
complied  with.  No  printed  or  written  words  referring  to 
boards  or  departments  of  public  welfare  shall  appear  on  any 
envelope  mailed  or  delivered  to  an  applicant  for,  or  recipient 
of,  assistance  under  this  chapter.  Each  local  board  of  pub- 
lic welfare,  upon  its  denial  of  an  application,  denial  of  a  re- 
quest for  an  increase  in  the  amount  of  assistance,  or  upon  a 
reduction  in  the  amount  of  assistance,  shall  notify  by  mail 
such  applicant  or  recipient  the  reasons  therefor  and  shall  in- 
clude with  such  notification  an  appeal  blank  provided  by 
the  department.  In  addition,  the  department  shall  distribute 
to  all  aged  recipients  a  pamphlet  or  pamphlets  explaining  this 
chapter.  In  determining  the  need  for  financial  assistance, 
said  bureaus  shall  give  consideration  to  the  resources  of  the 
aged  person.  No  action  shall  be  brought  under  sections 
twenty  to  twenty-two,  inclusive,  of  chapter  two  hundred 
and  seventy-three  in  connection  with  the  granting  of  assist- 
ance under  this  chapter.  Action  under  sections  seven  to 
twelve,  inclusive,  of  chapter  one  hundred  and  seventeen  shall 
be  brought  by  a  local  board  of  public  welfare  in  connection 
with  the  granting  of  assistance  under  this  chapter  with  the 
approval  or  upon  the  direction  of  the  department.     In  any 


836 


Acts,  1945. —Chap.  683. 


case  where  the  department  approves  the  bringing  of  such 
action  it  shall  order  that  such  action  be  commenced  within 
a  specified  period  of  time  thereafter  and  shall  send  a  copy 
of  such  order,  attested  by  its  proper  officer,  to  the  local 
board  by  registered  mail  as  soon  as  may  be.  If  the  local 
board  neglects  or  refuses  to  bring  such  action  within  the  time 
limited  by  such  order  the  department  shall  thereupon  bring 
such  action  in  the  name  and  on  behalf  of  such  local  board, 
or  may  withhold  from  any  city  or  town  any  reimbursement 
from  the  commonwealth  under  this  chapter  and  any  reim- 
bursement from  the  federal  government  under  the  provisions 
of  section  seven  unless  the  action  has  been  commenced  by 
said  local  board.  Until  the  matter  is  completely  adjudicated 
and  the  resource  in  question  is  actually  available  to  the  aged 
person  or  persons  otherwise  eligible,  assistance  to  him  or 
them  shall  not  be  refused  or  reduced  by  reason  of  such  re- 
source. Upon  adjudication  in  favor  of  the  local  board,  said 
board  shall  be  reimbursed  by  the  child  or  children  for  the 
assistance  granted  pending  adjudication  in  such  amount  as 
the  court  may  order.  Not  later  than  fourteen  days  from 
the  initial  payment  to  applicants,  notice  on  a  form  pre- 
scribed by  the  department  shall  be  forwarded  to  the  depart- 
ment, stating  in  each  case  any  and  all  deductions  from  the 
amounts  of  assistance  prescribed  herein  and  the  reasons  for 
all  such  deductions.  If  said  deductions  in  a  particular  case 
are  not  approved  by  the  department  they  shall  not  be  made 
in  subsequent  payments  in  said  case  and  the  amount  of  de- 
ductions made  in  such  initial  payment  shall  be  added  to  the 
amount  of  the  next  succeeding  pajrment.  Separate  records 
of  all  such  aged  persons  who  are  assisted  shall  be  kept  in  the 
manner  prescribed  by  section  thirty-four  of  chapter  forty- 
one  and  by  section  thirty-two  of  chapter  one  hundred  and 
seventeen.  The  department  shall  make  an  annual  report, 
and  also  such  reports  to  the  social  security  board  established 
under  the  federal  social  security  act,  approved  August  four- 
teenth, nineteen  hundred  and  thirty-five,  as  may  be  neces- 
sary to  secure  to  the  commonwealth  the  benefits  of  said  act. 
Section  3.  Said  chapter  one  hundred  and  eighteen  A  is 
hereby  further  amended  by  striking  out  section  two  A,  as 
most  recently  amended  by  section  three  of  said  chapter  four 
hundred  and  eighty-nine,  and  inserting  in  place  thereof  the 
Determination   following  scctiou !  —  SectioH  2 A .     In  determining  the  re- 

of  resources  of  ^»  ,  i  i-  j  ^i         <•    ii         • 

sources  of  an  aged  person  under  section  two  the  following 
schedule  relative  to  the  financial  abihty  to  support  by  a 
child  of  such  person  shall  be  followed :  — 

1.  In  the  case  of  an  employed  single  child  living  with  his 
aged  parent  or  parents,  income  up  to  fifteen  hundred  dollars 
per  annum  shall  be  considered  exempt  and  available  to  said 
child  for  his  personal  needs  and  his  board  and  lodging.  Of 
the  amount  of  income  in  excess  of  the  fifteen  hundred  dol- 
lars per  annum  received  by  said  child,  one  third  shall  be 
contributed  as  support  to  the  parent  or  parents. 


G.  L.  (Ter. 
Ed.),  USA, 
§  2A,  etc., 
amended. 


aged  persons. 


Acts,  1945.  —  Chap.  684.  837 

2.  Board  and  lodging  paid  by  a  child  living  with  his  aged 
parent  or  parents  shall  not  be  considered  as  a  resource  unless 
it  exceeds  ten  dollars  per  week. 

3.  In  the  case  of  an  employed  single  child  living  apart 
from  his  aged  parent  or  parents,  income  up  to  seventeen 
hundred  and  fifty  dollars  per  annum  shall  be  considered 
exempt  and  available  to  said  child  for  his  personal  needs 
and  his  board  and  lodging.  Of  the  amount  of  income  in 
excess  of  the  seventeen  hundred  and  fifty  dollars  per  annum 
received  by  said  child,  one  third  shall  be  contributed  as 
support  to  the  parent  or  parents. 

4.  In  the  case  of  an  employed  married  child  living  apart 
from  his  aged  parent  or  parents,  income  up  to  twenty-seven 
hundred  and  fifty  dollars  per  annum  shall  be  considered 
exempt  and  available  to  said  child  for  his  personal  needs. 
Of  the  amount  of  income  in  excess  of  twenty-seven  hundred 
and  fifty  dollars  per  annum  received  by  said  child,  one  third 
shall  be  contributed  as  support  to  the  parent  or  parents. 

5.  The  amounts  of  exempted  income  of  any  child  herein- 
above specified  shall  be  increased  by  the  amount  of  five  hun- 
dred dollars  for  each  dependent,  other  than  the  spouse,  of 
such  child. 

6.  In  any  case  any  unusual  circumstances  within  the  im- 
mediate family  shall  be  considered  with  a  view  to  deter- 
mining whether  such  circumstances  justify  an  exemption 
from  the  general  rule  relative  to  persons  coming  within  the 
above  classes. 

7.  Said  support  by  children  of  their  parent  or  parents  shall 
include  support  by  children  residing  outside  the  common- 
wealth as  well  as  those  residing  therein. 

8.  The  word  "income"  as  used  in  this  schedule  shall 
mean  income  after  deducting  state  and  federal  income  taxes 
thereon.  In  determining  the  income  of  a  child  of  an  aged 
person  or  persons  seeking  to  receive,  or  receiving,  assistance 
under  this  chapter,  the  statement  of  said  child  under  oath 
shall  be  accepted,  except  as  hereinafter  provided.  No  in- 
vestigation as  to  the  income  of  such  child  shall  be  made  by 
a  local  board  of  public  welfare  unless  the  child  shall  have 
refused  to  submit  such  a  statement,  or  unless  the  board 
reasonably  doubts  the  accuracy  of  a  statement  submitted. 

Section  4.     This  act  shall  take  effect  on  January  first,  Effective  date. 
nineteen  hundred  and  forty-six. 

Approved  July  23,  1945. 

An  Act  providing  that  expenditures  from  the  old  age  Phnr)  684 

ASSISTANCE    FUND    SHALL    NOT    BE    MADE    WITHOUT   APPRO-  ^' 

PRIATION. 

Be  it  enacted,  etc,  as  follows: 

Section  eleven  of  chapter  one  hundred  and  eighteen  A  of  g.  l.  (Ter. 
the  General  Laws,  inserted  by  section  ten  of  chapter  seven  §  li,'  etc.,  ' 
hundred  and  twenty-nine  of  the  acts  of  nineteen  hundred  '^'"ended. 


838  Acts,  1945. —  Chap.  685. 

and  forty-one,  is  hereby  amended  by  inserting  after  the 
word  "fund"  in  the  seventh  line  the  words: —  ,  subject  to 

Old  age  assist-   appropriation,  —  so   as   to   read    as   follows:  —  Section  11. 

ance  fund.  There  shall  be  established  and  set  up  on  the  books  of  the 
commonwealth  a  separate  fund,  to  be  known  as  the  old  age 
assistance  fund,  consisting  of  receipts  credited  to  said  fund 
under  chapter  sixty-four  B,  section  fifteen  of  chapter  one 
hundred  and  twenty-eight  A  and  section  twenty-seven  of 
chapter  one  hundred  and  thirty-eight.  Said  fund,  subject 
to  appropriation,  shall  be  used  for  the  reimbursement  of 
cities  and  towns  by  the  commonwealth  for  assistance  given 
to  aged  persons  under  the  provisions  of  this  chapter,  and 
shall  be  used  for  expenses  incurred  by  the  department  of 
public  welfare  for  administration  and  supervision  of  such 
assistance.  Approved  July  23,  1945. 

Chap.6S5  An  Act  relative  to  the  payment  of  pensions  to  mem- 
bers OF  the  teaching  and  supervising  staff  of  the 

PUBLIC    SCHOOLS    OF   THE    CITY    OF   BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  six  of  chapter  five  hundred  and 
eighty-nine  of  the  acts  of  nineteen  hundred  and  eight,  as 
most  recently  amended  by  section  three  of  chapter  three 
hundred  and  eighty-two  of  the  acts  of  nineteen  hundred  and 
twenty-eight,  is  hereby  further  amended  by  striking  out,  in 
the  eighth  line,  the  words  "three  hundred  and  twelve"  and 
inserting  in  place  thereof  the  words:  —  six  hundred,  —  so  as 
to  read  as  follows :  —  Section  6.  In  case  the  amount  avail- 
able in  any  one  year  is  not  sufficient  to  pay  the  pensions 
that  have  been  granted,  the  amount  so  available  shall  be 
divided  pro  rata  among  those  to  whom  pensions  have  been 
or  may  be  granted  on  the  basis  of  the  amount  of  the  pension 
which  each  is  then  receiving:  provided,  that  in  no  case,  nor 
in  any  year,  shall  the  pension  of  any  person  retired  after 
thirty  years  of  service  be  less  than  six  hundred  dollars. 

Section  2.  Section  seven  of  said  chapter  five  hundred 
and  eighty-nine,  as  most  recently  amended  by  section  six  of 
chapter  two  hundred  and  six  of  the  Special  Acts  of  nineteen 
hundred  and  nineteen,  is  hereby  further  amended  by  strik- 
ing out,  in  the  fifth  line,  the  word  "sixty-five"  and  inserting 
in  place  thereof  the  word:  —  sixty,  —  by  striking  out,  in  the 
twelfth  and  thirteenth  lines,  the  word  "one  third"  and  in- 
serting in  place  thereof  the  word :  —  one  half,  —  by  striking 
out,  in  the  sixteenth  and  seventeenth  lines,  the  words  "three 
hundred  and  twelve  dollars  nor  more  than  six  hundred 
dollars"  and  inserting  in  place  thereof  the  words:  —  six  hun- 
dred dollars  nor  more  than  nine  hundred  dollars,  —  and  by 
inserting  after  the  word  "years"  in  the  twenty-fourth  line, 
the  words: —  ;  provided,  that  the  annual  pension  of  such 
person  shall  be  not  less  than  four  hundred  and  eighty  dollars, 
—  so  as  to  read  as  follows :  —  Section  7.  The  school  com- 
mittee of  said  city,  by  a  majority  vote  of  all  its  members, 


Acts,  1945. —  Chap.  685.  839 

may  retire  with  a  pension  any  member  of  the  teaching  or 
supervising  staff  who  shall  have  attained  the  age  of  sixty 
years,  and  also  any  member  of  the  teaching  or  supervising 
staff  who,  in  the  opinion  of  the  school  committee,  is  inca- 
pacitated for  further  efficient  service.  If  a  person  so  re- 
tired has  been  employed  in  teaching  or  supervising  in  pub- 
lic day  schools  for  a  period  aggregating  thirty  years  or  more, 
ten  years  of  which  shall  have  been  in  the  employ  of  the 
school  committee  of  the  city  of  Boston,  such  person  shall 
receive  an  annual  pension  at  the  rate  of  one  half  of  the 
annual  salary  paid  to  him  or  her  at  the  time  of  retirement: 
provided,  that  in  no  case  shall  the  pension  of  any  person 
so  retired  after  thirty  years  of  service  be  less  than  six  hun- 
dred dollars  nor  more  than  nine  hundred  dollars.  If  a  per- 
son so  retired  has  been  employed  in  teaching  or  supervis- 
ing in  public  day  schools  for  a  period  aggregating  less  than 
thirty  years,  ten  years  of  which  shall  have  been  in  the  em- 
ploy of  the  school  committee  of  the  city  of  Boston,  such 
person  shall  receive  an  annual  pension  which  bears  the  same 
ratio  to  the  pension  provided  for  on  retirement  after  thirty 
years  of  service  as  the  total  number  of  years  of  service  of 
such  person  bears  to  thirty  years ;  provided,  that  the  annual 
pension  of  such  person  shall  be  not  less  than  four  hundred 
and  eighty  dollars.  The  pension  of  any  teacher  retired  be- 
cause of  incapacity  shall  terminate  if,  and  when,  in  the  judg- 
ment of  the  school  committee  such  person's  incapacity  shall 
have  ceased  and  he  or  she  shall  have  been  tendered  a  re- 
appointment in  the  public  schools  of  the  city  of  Boston. 
In  determining  the  aggregate  length  of  service  of  any  person 
retired  under  the  provisions  of  this  act,  any  period  of  leave 
of  absence  under  salary  shall  be  considered  as  equivalent  to 
an  equal  amount  of  teaching  service.  The  treasurer  of  the 
city  of  Boston  shall  pay  pensions  under  this  act  in  accord- 
ance with  monthly  payrolls  prepared  and  certified  to  by 
the  school  committee.  The  school  committee  of  the  city  of 
Boston  shall  establish  a  schedule  of  pensions  in  accordance 
with  the  provisions  of  this  act.  The  pensions  of  persons  al- 
ready retired  under  the  provisions  of  said  chapter  five  hun- 
dred and  eighty-nine  shall  be  re-established  in  accordance 
with  the  provisions  of  this  act  to  date  from  the  first  day  of 
the  calendar  month  next  following  the  passage  of  this  act; 
provided,  further,  that  nothing  in  this  act  shall  be  construed 
to  decrease  the  amount  of  any  pension  now  being  paid  to 
any  person  under  the  several  acts  applying  to  the  teaching 
or  supervising  staff  in  the  city  of  Boston. 

Section  3.  Until  the  expiration  of  one  year  from  the 
effective  date  of  this  act,  but  not  thereafter,  the  entire 
amount  of  the  increases  in  pensions  authorized  by  the 
amendments  to  sections  six  and  seven  of  chapter  five  hun- 
dred and  eighty-nine  of  the  acts  of  nineteen  hundred  and 
eight,  as  amended,  made  by  sections  one  and  two  of  this 
act  shall  be  paid  from  the  permanent  school  pension  fund 
established  and  existing  under  authority  of  section  one  of 


840  Acts,  1945.  —  Chaps.  686,  687. 

said  chapter  five  hundred  and  eighty-nine,  as  amended,  and 
no  part  of  any  such  increase  shall  be  paid  from  any  other 
source  whatsoever. 

Section  4.  This  act  shall  take  full  effect  upon  its  accept- 
ance during  the  current  year  by  vote  of  the  city  council  of 
the  city  of  Boston,  subject  to  the  provisions  of  its  charter, 
but  not  otherwise.  Approved  July  23,  1945. 

Chap.QSG  An  Act  authorizing   the  making  of  certain  harbor 

AND    waterway    IMPROVEMENTS    BY    THE    DEPARTMENT    OF 
PUBLIC    WORKS. 

Be  it  enacted,  etc.,  as  follows: 

The  department  of  public  works  is  hereby  authorized  to 
carry  out,  subject  to  appropriation  and  subject  to  the  pro- 
visions of  section  eleven  of  chapter  ninety-one  of  the  General 
Laws,  where  applicable,  the  following  projects  for  the  im- 
provement of  harbors  and  waterways  in  the  commonwealth : 
—  (1)  Protection  of  shores  in  the  town  of  Duxbury;  (2) 
Extension  and  repair  of  certain  sea  walls  and  other  shore 
protection  in  the  town  of  Scituate;  (3)  Extension  of  the 
breakwater  in  the  town  of  Winthrop;  (4)  Construction  of  a 
sea  wall  and  placing  of  riprap  for  the  protection  of  the  shore 
in  the  town  of  Yarmouth ;  (5)  Construction  of  a  sea  wall  in 
the  rear  of  Neptune  road  and  Bennington  street  in  the  East 
Boston  district  of  the  city  of  Boston;  (6)  Repair  of  flood 
and  hurricane  damage  and  construction  of  additional  shore 
protection  in  the  town  of  Barnstable;  (7)  Dredging  of  an 
anchorage  basin  in  Lynn  harbor;  and  (8)  Repair  of  hurri- 
cane and  flood  damage  and  construction  of  additional  shore 
protection  in  the  town  of  Falmouth.  No  project  hereunder 
shall  be  begun  unless  and  until  the  municipality  or  county, 
or  both,  in  which  the  project  lies  shall  have  deposited  with 
the  state  treasurer  one  half  of  the  estimated  cost  of  such 
project  and  such  municipality  shall  have  assumed  liability, 
in  the  manner  provided  by  section  twenty-nine  of  said  chap- 
ter ninety-one,  for  all  damages  that  may  be  incurred  under 
said  project,  and  has  given  to  said  department  of  public 
works  satisfactory  assurances  that  conditions  imposed  upon 
such  municipality  with  respect  to  such  project  will  be  met. 

Approved  July  23,  1945. 

C hap. dS7  An  Act  relative  to  notice  to  municipalities  of  de- 
terminations OF  AMOUNTS  OF  CERTAIN  FRANCHISE 
TAXES, 

Be  it  enacted,  etc.,  as  follows: 

G.  L.  (Ter.  ^  Chapter  fifty-eight  of  the  General  Laws  is  hereby  amended 
etc!. 'amended,  by  Striking  out  section  twenty-five,  as  most  recently  amended 
by  section  four  of  chapter  six  hundred  and  twenty-four  of 
the  acts  of  the  current  year,  and  inserting  in  place  thereof 
Commissioner  the  following  scctlon :  —  Section  25.  The  commissioner 
am*luntrdue     shall  ascertain  and  determine  the  amount  due  to  each  town 


Acts,  1945.  —  Chaps.  688,  689.  841 

under  sections  twenty,  twenty-four  and  twenty-four  A  of  ll^'^l^^  ^^^ 
this  chapter  and  the  amount  distributable  under  section 
ten  of  chapter  sixty-four  B,  notify  the  treasurer  of  each 
town  thereof,  specifying  with  respect  to  each  of  said  sec- 
tions twenty,  twenty-four  and  twenty-four  A  the  amount 
determined  to  be  due  to  each  town,  or  that  no  amount  is 
due,  as  the  case  may  be,  and  certify  the  amount  as  deter- 
mined to  the  state  treasurer,  who  shall  thereupon  pay  the 
same.     The  commissioner  in  his  discretion  may  from  time  Partial 
to  time  within  the  twelve  month  period  prescribed  in  said  distributions. 
section  twenty   make   partial   distributions   of   taxes   paid 
therein  and  distributable  under  the  provisions  of  said  sec- 
tion twenty,  withholding  such  sums  as  may  to  him  seem 
proper  to  provide  for  refunds  and  abatements.     Any  de-  Appeal. 
cision  made  by  the  commissioner  under  section  twenty-four 
or  section  twenty-four  A  shall  be  subject  to  appeal  to  the 
appellate  tax  board  within  thirty  days  after  receiving  notice 
of  such  decision.  Approved  July  23,  1945. 

An  Act  providing  for  alteration  and  enlargement  of  (JJiav  688 

THE  JOHN  A.  HAVEY  MEMORIAL  BEACH. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  metropolitan  district  commission  is 
hereby  authorized  and  directed  to  alter  and  enlarge  the 
John  A.  Havey  Memorial  beach  on  the  easterly  side  of  the 
Charles  river  in  the  West  Roxbury  district  of  the  city  of 
Boston  and  to  construct  a  suitable  shelter  in  the  vicinity  of 
the  existing  bathhouse.  Said  commission  shall  also  acquire 
such  land  on  the  westerly  side  of  said  river  as  it  may  deem 
necessary  for  such  alteration  and  enlargement. 

Section  2.  For  the  purpose  of  carrying  out  the  pro- 
visions of  this  act,  the  commission  may  acquire  by  purchase, 
or  by  eminent  domain  under  chapter  seventy-nine  of  the 
General  Laws,  such  lands,  and  such  rights  and  easements 
therein,  as  it  may  deem  necessary. 

Section  3.  The  cost  of  land  takings,  the  alteration  and 
enlargement  of  the  beach,  the  construction  of  the  shelter 
and  all  other  expenses  incurred  in  carrying  out  the  provi- 
sions of  this  act  shall  not  exceed,  in  the  aggregate,  twenty 
thousand  dollars,  of  which  amount  not  more  than  ten  thou- 
sand dollars  shall  be  expended  for  such  land  takings. 

Approved  July  28,  1946. 

An  Act  relative  to  a  six  year  post-war  highway  con-  C/iap. 689 
struction  program. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  To  provide  a  comprehensive  program  of  post- 
war highway  construction,  reconstruction  and  improvement, 
the  department  of  public  works  is  hereby  authorized  to  con- 
tinue with  the  preparation  of  detailed  plans  and  specifica- 


842  Acts,  1945. —Chap.  689. 

tions,  according  to  the  several  items  hereinafter  specified 
and,  subject  to  appropriation,  is  hereby  authorized  to  con- 
struct, reconstruct  and  improve  highways,  according  to  said 
plans  and  specifications,  and  to  expend  therefor  the  sums 
indicated  as  follows :  — 

Item 

A.  For  the  purpose  of  enabling  the  department  to  partici- 

pate in  Federal  aid  programs  for  the  construction 

and  reconstruction  of  liighways,  including  bridges  .    $90,000,000 

B.  For  improving  through  routes  by  laying  out  and  con- 

structing, reconstructing  and  improving  state  and 
other  highways,  including  bridges,  to  connect  or  ex- 
tend existing  state  highways         ....      27,000,000 

C.  For  projects  for  the  construction  and  repair  of  town 

and  county  ways,  as  provided  in  subdivision  (2)  (a) 
of  section  thirty-four  of  chapter  ninety  of  the  Gen- 
eral Laws 18,000,000 

D.  For  aiding  towns  in  the  repair  and  improvement 

of  public  ways  as  provided  in  section  twenty-six 
of  chapter  eighty-one  of  the  General  Laws,  as 
amended,  during  the  six  complete  calendar  years 
following  the  earliest  date  defined  in  section  three 
of  this  act,  except  that  the  state  contribution  shall 
be  at  an  annual  rate  not  to  exceed  two  hundred 
and  twenty-five  dollars  per  mile,  it  being  the  in- 
tent of  the  general  court  that  where  needed  the 
sums  in  excess  of  the  maximum  amount  provided 
in  said  section  twenty-six  shall  be  expended  on 
rural  free  delivery  routes  and  public  school  bus 
routes 12,456,000 

Section  2.  As  a  part  of  the  comprehensive  program  of 
post-war  highway  construction,  reconstruction  and  improve- 
ment, the  metropolitan  district  commission  is  hereby  author- 
ized to  expend,  subject  to  appropriation,  the  sum  of  nine 
million  dollars  for  the  construction,  reconstruction  and  im- 
provement of  boulevards  and  parkways  under  its  control. 

Section  3.  Except  as  otherwise  provided  by  Item  D  of 
section  one,  the  program  authorized  under  sections  one  and 
two  shall  begin  not  earlier  than  the  date  proclaimed  by  the 
President  of  the  United  States  as  the  termination  of  the 
existing  war  emergency,  the  date  specified  in  a  concurrent 
resolution  of  the  two  Houses  of  Congress  as  the  date  of  such 
termination,  or  the  date  on  which  the  Congress  by  a  con- 
current resolution  of  the  two  Houses  finds  as  a  fact  that  the 
war  emergency  hereinbefore  referred  to  has  been  relieved  to 
an  extent  that  will  justify  proceeding  with  the  highway  con- 
struction program  provided  for  by  Public  Law  521-78th  Con- 
gress, whichever  date  is  the  earliest,  and  shall  continue  until 
the  end  of  the  sixth  complete  fiscal  year  following  such  date. 

Section  4.  In  order  to  provide  funds  for  the  program 
outlined  in  sections  one  and  two,  the  sums  set  forth  in  sec- 
tion five  are  hereby  appropriated  from  the  Highway  Fund 
for  the  current  fiscal  year  for  the  several  purposes  and  sub- 
ject to  the  conditions  specified  in  said  section  five  and  sub- 


Acts,  1945. —  Chap.  689.  843 

ject  to  the  provisions  of  law  regulating  the  disbursement  of 
public  funds  and  the  approval  thereof,  the  same  to  be  in 
addition  to  any  amounts  previously  appropriated  for  the 
purposes;  provided,  that  these  appropriations  shall  not  be 
available  for  expenditure  prior  to  the  date  authorized  for 
the  beginning  of  this  program  in  section  three  except  that, 
out  of  the  amount  appropriated  in  item  2900-10  in  section 
five,  six  million  five  hundred  thousand  dollars  shall  be  avail- 
able at  once  for  expenditure  for  the  purposes  set  forth  in 
said  item. 
Section  5. 

jjgm  Department  of  Public  Works. 

2900-02  For  personal  services  and  expenses  of  adminis- 
trative and  engineering  work  performed  in 
connection  with  all  highway  activities;  for 
personal  services  and  expenses  of  the  depart- 
ment secretary  and  department  business 
agent;  and  for  the  payment  of  damages 
caused  by  defects  in  state  highways,  with 
the  approval  of  the  attorney  general     .  .  $500,000 

2900-10  For  projects  for  the  construction  and  recon- 
struction of  highways,  including  grade  cross- 
ing eUmination,  which  have  been  approved 
by  the  proper  federal  authorities  to  be  in- 
cluded in  federal  aid  programs,  and  for  land 
damages  in  connection  with  such  projects     .        8,500,000 

2900-12  For  projects  for  improving  through  routes  by 
laying  out  and  constructing  state  and  other 
highways,  including  bridges,  to  connect  or 
extend  existing  state  highways,  it  being  the 
intent  of  the  general  court  that  state  high- 
ways shall  be  made  continuous  whether  or 
not  the  sections  to  be  made  state  highways 
require  construction  work;  and,  upon  agree- 
ment with  city  or  town  officials,  for  construc- 
tion of  needed  improvements  on  other  through 
routes  not  designated  as  state  highways  and 
without  acceptance  by  the  commonwealth  of 
responsibility  for  maintenance;  provided, 
that  any  portion  of  said  sum  may  be  used  in 
connection  with  federal  aid  programs  or  in 
conjunction  with  city  or  town  funds     .  .        3,000,000 

2900-17  For  projects  for  the  construction  and  repair  of 
town  and  county  ways,  as  provided  in  sub- 
division (2)  (a)  of  section  thirty-four  of  chap- 
ter ninety  of  the  General  Laws    .  .         .        2,135,000 

2900-18  For  aiding  towns  in  the  repair  and  improvement 
of  public  ways  as  provided  in  section  twenty- 
six  of  chapter  eighty-one  of  the  General  Laws, 
as  amended,  during  the  six  complete  calendar 
years  following  the  earliest  date  defined  in 
section  three  except  that  the  state  contribu- 
tion shall  be  at  an  annual  rate  not  to  exceed 
two  hundred  and  twenty-five  dollars  per  mile, 
it  being  the  intent  of  the  general  court  that 
where  needed  the  sums  in  excess  of  the  maxi- 
mum amount  provided  in  said  section  twenty- 
six  shall  be  expended  on  rural  free  delivery 
routes  and  public  school  bus  routes  .  692,000 


844  Acts,  1945.  —  Chap.  690. 

Metropolitan  District  Commission. 
Item 

2931-04  For  the  construction,  reconstruction  and  im- 
provement of  boulevards  and  parkways,  in- 
cluding the  resurfacing  and  repairing  thereof  .       Sl,250,000 

Section  6.  The  department  of  public  works  shall  annu- 
ally report  to  the  general  court  not  later  than  the  first 
Wednesday  of  January,  giving  a  complete  report  of  projects 
completed,  showing  the  cost  thereof,  including  the  cost  of 
any  land  taken  for  said  highway  purposes  during  the  then 
preceding  fiscal  year,  a  progress  report  of  projects,  includ- 
ing the  cost  thereof,  in  process  of  construction  during  the 
then  current  fiscal  year,  and  an  estimate  of  the  amount  of 
money  required  for  the  purposes  of  section  one  for  the  then 
succeeding  fiscal  year.  The  metropolitan  district  commission 
shall  file  a  like  report  on  projects  included  in  section  two. 

Section  7.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  24,  i945. 


Chap.Q90  An  Act  relative  to  the  care,   control  and  mainte- 
nance OF  certain  public  highway  bridges. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  On  January  first,  nineteen  hundred  and  forty- 
six,  the  care,  control  and  maintenance  of  every  public  high- 
way bridge  with  a  clear  span  of  not  less  than  twenty  feet 
located  on  a  through  route,  including  any  former  bridge  in 
direct  continuation  of  a  state  highway,  but  excluding  any 
bridge  under  the  control  of  the  metropolitan  district  com- 
mission and  any  bridge  referred  to  in  section  two,  are  hereby 
transferred  to  the  department  of  public  works  and  there- 
after such  bridge  shall  be  a  state  highway  and  the  cost  of 
the  care,  control  and  maintenance  thereof  shall  be  paid  out 
of  the  highway  fund;  provided,  that  prior  to  January  first, 
nineteen  hundred  and  forty-six,  the  public  authority  in 
charge  of  such  bridge  shall  have  filed  with  said  department 
approval  of  the  transfer  aforesaid.  Until  June  thirtieth, 
nineteen  hundred  and  forty-six,  all  employees  employed  in 
the  operation  of  the  draw  of  any  bridge  so  made  a  state 
highway  shall  continue  to  be  so  employed  and  the  cost  of 
the  operation  of  such  draw  shall  be  paid  by  the  public 
authority  having  charge  of  the  bridge  and  said  authority 
shall  be  reimbursed  by  the  commonwealth  for  the  actual 
cost  of  the  operation  thereof  from  the  highway  fund.  Said 
department  shall  file  with  the  clerk  of  the  house  of  repre- 
sentatives on  or  before  the  first  Wednesday  in  January,  nine- 
teen hundred  and  forty-six,  a  complete  list  of  the  bridges 
made  state  highways,  as  provided  in  this  section.  For  the 
purposes  hereof,  a  through  route  is  defined  to  be  any  route 
shown  on  a  map  entitled  "Route  Map  of  Massachusetts, 


Acts,  1945.  —  Chap.  690.  846 

1941",  published  by  the  Massachusetts  department  of  public 
works,  including  the  insert  maps  on  the  reverse  side  thereof, 
in  whatever  form  such  route  is  indicated.  A  copy  of  this 
map  is  on  file  in  the  office  of  the  state  secretary. 

Section  2.  The  Brookline  street-Essex  street-Cottage 
Farm  bridge,  and  the  Longfellow  bridge,  formerly  known  as 
the  West  Boston  bridge,  and  the  Prison  Point  bridge,  all 
between  the  cities  of  Boston  and  Cambridge,  and  their  ap- 
proaches, shall  be  maintained  by  the  metropolitan  district 
commission,  which  shall  support,  manage  and  repair  the 
bridges  and  approaches,  except  that  the  part  of  the  wearing 
surface  of  the  Longfellow  bridge  occupied  by  the  street  rail- 
way company  guaranteed  a  location  thereon,  shall,  within  its 
location,  be  kept  in  repair  by  the  street  railway  company. 
The  commission  may  authorize  poles,  wires  and  other  struc- 
tures to  be  placed  on  the  bridges  in  such  places  as  it  may 
deem  proper.  The  cost  of  such  support,  management  and 
repairs  shall  be  appropriated  for  each  fiscal  year  by  the  gen- 
eral court  from  the  highway  fund. 

Section  3.  Any  employee  of  the  city  of  Boston  or  of  the 
city  of  Cambridge  who,  on  the  effective  date  of  this  act,  is 
employed  in  the  maintenance  of  any  of  the  bridges  referred 
to  in  section  two,  shall  forthwith  be  transferred  by  the  city 
by  which  he  is  employed  to  another  position  in  the  service 
of  such  city  in  the  same  grade  as  that  held  by  him  on  said 
effective  date.  Upon  the  transfer  of  any  such  employee  by 
the  city  of  Cambridge,  all  funds  held  in  the  city  of  Boston 
retirement  fund  by  virtue  of  the  provisions  of  chapter  eighty- 
nine  of  the  acts  of  nineteen  hundred  and  twenty-four  for 
the  credit  of  such  employee,  or  on  account  of  his  retirement 
under  the  provisions  of  said  chapter  eighty-nine,  shall  be 
transferred  to  the  city  of  Cambridge  by  the  Boston  retire- 
ment board. 

Section  4.  The  commission  appointed  under  section 
fourteen  of  chapter  four  hundred  and  sixty-seven  of  the  acts 
of  eighteen  hundred  and  ninety-eight,  commonly  known  as 
the  Boston  and  Cambridge  Bridges  Commission,  is  hereby 
abolished. 

Section  5.  Nothing  in  this  act  shall  affect  existing  agree- 
ments, decrees,  orders  or  statutes  defining  the  duties,  respon- 
sibilities or  obligations  of  railroad  companies  or  other  public 
utilities  relative  to  any  such  bridge  so  made  a  state  highway 
or  transferred  to  the  control  of  the  metropolitan  district 
commission.  Approved  July  S4,  1945. 


846  Acts,  1945.  —  Chaps.  691,  692. 


C/iap. 691  An  Act  authorizing  the  art  commission  to  erect  and 

PLACE  on  the  state  HOUSE  GROUNDS  A  STATUE  IN  MEM- 
ORY OF  MARY  DYER,  WHO  WAS  HANGED  ON  BOSTON  COMMON 
IN  THE  YEAR  SIXTEEN  HUNDRED  AND  SIXTY  BECAUSE  SHE 
CHOSE  TO  SUFFER  THE  DEATH  PENALTY  RATHER  THAN 
ABANDON  THE  PRINCIPLES  OF  FREEDOM  OF  SPEECH  AND 
CONSCIENCE,  AND  AUTHORIZING  THE  STATE  TREASURER  TO 
ACCEPT  A  GIFT,  OR  GIFTS,  OF  MONEY  TO  PAY  FOR  SUCH 
STATUE. 

Be  it  enacted,  etc.,  as  follows: 

The  state  treasurer,  with  the  approval  of  the  governor 
and  council,  is  hereby  authorized  and  empowered  to  accept, 
in  accordance  with  the  provisions  of  the  will  of  the  late  Zenas 
H.  Ellis,  of  Fair  Haven  in  the  state  of  Vermont,  from  Elmer 
A.  Angevine,  the  executor  of  said  will,  the  sum  of  twelve 
thousand  dollars  for  the  purposes  set  forth  herein.  Upon 
the  receipt  of  said  sum  the  art  commission  is  hereby  author- 
ized and  directed  to  expend  the  same,  together  with  such 
additional  sums  as  may  be  contributed  or  appropriated  for 
the  purposes  set  forth  herein,  to  provide  for  the  construction 
and  erection  of  an  appropriate  statue  of  Mary  Dyer,  who 
was  hanged  on  Boston  Common  in  the  year  sixteen  hundred 
and  sixty  because  she  chose  to  suffer  the  death  penalty 
rather  than  abandon  the  principles  of  freedom  of  speech 
and  conscience,  and  to  erect  such  statue  on  the  state  house 
grounds.  Approved  July  24,  1945. 

Chap.692  An  Act  providing  for  the  extension  of  rapid  transit 

FACILITIES  IN  THE  EAST  BOSTON  DISTRICT  OF  THE  CITY 
OF   BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  following  words  as  used  in  this  act  shall, 
unless  the  context  otherwise  requires,  have  the  following 
meanings : 

"City"  shall  mean  the  city  of  Boston. 

"Company"  shall  mean  the  Boston  Elevated  Railway 
Company,  its  successors  and  assigns. 

"Department"  shall  mean  the  transit  department  of  the 
city  of  Boston  or  such  board  or  officers  as  may  succeed  to 
its  rights  and  duties. 

"Premises"  shall  mean  the  property  authorized  to  be 
acquired  or  constructed  by  the  department  under  the  pro- 
visions of  section  two  of  this  act,  except  equipment. 

"Equipment"  shall  mean  the  property  which  the  depart- 
ment is  authorized  to  provide  and  furnish  under  the  provi- 
sions of  section  three  of  this  act. 

Whenever  any  act  is  required  or  authorized  to  be  done  or 
performed  by  the  department  under  this  act,  such  action 
shall  be  in  the  name  of  and  on  behalf  of  the  city  of  Boston, 
and  whenever  any  action  is  required  or  permitted  to  be  taken 


Acts,  1945.  —  Chap.  692.  847 

by  the  city  under  this  act,  such  action  shall  be  performed  by 
the  department  unless  otherwise  expressly  provided  by  this 
act. 

Section  2.  The  department  shall  extend  the  East  Bos- 
ton tunnel  rapid  transit  route  from  its  present  terminus  near 
Maverick  square  to  a  point  at  or  near  Day  square.  The 
route  of  said  extension  shall  be  in  part  via  subway  under 
public  and  private  land  or  rights-of-way,  in  part  at  ground 
surface  or  elevated,  or  both,  as  may  be  determined  by  the 
department.  The  department  shall  construct  at  or  near 
Porter  street  and  at  or  near  Day  square  suitable  stations 
and  bus  ways  for  the  convenient  interchange  of  passengers 
to  and  from  the  airport  and  adjacent  areas  and  the  areas 
adjacent  to  and  beyond  Day  square.  The  department  shall 
also  construct  such  tracks,  shops  and  structures  as  may  be 
necessary  for  the  storage,  repair  and  inspection  of  a  suitable 
number  of  cars  as  determined  by  the  company. 

If  the  extension  is  run  over  the  location  or  a  portion 
thereof  of  the  Boston  and  Albany  railroad,  the  city  shall 
acquire  a  right-of-way  therefor  from  said  railroad  either  by 
purchase  or  by  eminent  domain  under  chapter  seventy-nine 
of  the  General  Laws,  and  said  railroad  shall  be  entitled  to 
recover  compensation.  Said  compensation  may  be  in  whole 
or  in  part  in  land,  bridges,  structures,  materials  or  labor,  in- 
cluding such  alterations  as  may  be  necessary  to  provide  said 
railroad  with  facilities  equivalent  to  those  existing  upon  the 
effective  date  of  this  act,  provided  the  parties  so  agree. 

Section  3.  The  department  shall  provide,  equip  and 
furnish  the  extension  authorized  by  section  two,  including 
terminals,  stations,  shops,  shelters,  enclosed  areas,  yards  and 
structures  appurtenant  thereto,  with  all  necessary  ballast, 
tracks,  rails,  fastenings,  frogs,  switches,  switch  stands,  ties, 
tie  plates,  wires,  poles,  signals,  conduits,  lighting  and  power 
distribution  systems,  fences,  barriers,  station  and  shop  equip- 
ment and  incidental  apparatus,  and  in  general  shall  com- 
pletely equip  and  furnish  the  same  with  all  property,  appli- 
ances, apparatus,  machinery,  furniture  and  fixtures  proper 
and  adapted  thereto  and  necessary  for  the  convenient  main- 
tenance and  operation  of  a  railway  and  for  the  safety  and 
accommodation  of  passengers  using  the  same. 

Section  4.  For  the  purposes  of  this  act  the  department 
shall  have  all  the  powers  conferred  upon  the  Boston  transit 
commission  by  chapter  five  hundred  and  forty-eight  of  the 
acts  of  eighteen  hundred  and  ninety-four  and  by  chapter 
seven  hundred  and  forty-one  of  the  acts  of  nineteen  hundred 
and  eleven  and  amendments  thereof,  either  generally  or  in 
connection  with  the  construction  or  operation  of  any  tun- 
nel or  subway  authorized  by  said  chapters,  and  like  powers 
as  conferred  by  chapter  four  hundred  and  eighty  of  the  acts 
of  nineteen  hundred  and  twenty-three  with  respect  to  the 
works  authorized  thereunder,  and  by  all  other  acts  confer- 
ring authority  upon  the  Boston  transit  commission  or  the 
department. 


848  Acts,  1945.  —  Chap.  692. 

The  premises  and  equipment  may  be  constructed  upon, 
under  or  over  public  or  private  ways  or  lands  including  lands 
devoted  to  the  public  use  and  property  belonging  to  a  rail- 
road company. 

For  the  purpose  of  constructing  the  work  authorized  by 
this  act  the  department  may  enter  upon  and  use  the  land 
of  others.  Any  person  injured  in  his  property  by  such  entry 
or  use  of  his  land  by  the  department  may  recover  his  dam- 
ages under  chapter  seventy-nine  of  the  General  Laws. 

Section  5.  No  construction  work  shall  be  done  under 
this  act  unless  and  until  a  plan  therefor,  together  with  esti- 
mates of  cost  indicating  that  the  project  can  be  completed 
at  a  cost  not  exceeding  five  million  dollars,  shall  be  approved 
by  the  commission  of  the  department  of  public  utilities  and 
unless  and  until  a  contract  between  the  city  and  the  com- 
pany shall  have  been  executed  for  the  sole  and  exclusive  use 
by  the  company  of  the  premises  and  equipment  for  a  term 
beginning  Vv^ith  the  use  thereof  and  ending  upon  the  termi- 
nation of  the  lease  or  contract  for  use  as  at  present  extended 
of  the  East  Boston  Tunnel.  Any  plan  so  approved  may  be 
altered  at  any  time  by  a  new  plan  approved  in  like  manner 
except  that  after  the  execution  of  said  contract  for  use  no 
such  alteration  shall  be  made  without  the  consent  thereto  of 
the  company  in  writing.  The  contract  shall  be  in  the  same 
general  form  as  that  authorized  by  chapter  four  hundred 
and  eighty  of  the  acts  of  nineteen  hundred  and  twenty- 
three,  except  in  so  far  as  any  other  provision  may  be  agreed 
upon  by  the  department  and  the  company  as  specially  appli- 
cable to  the  demised  premises.  The  net  cost  of  the  premises 
and  equipment  shall  be  determined  in  the  manner  provided 
in  said  chapter  four  hundred  and  eighty.  The  rental  shall 
be  payable  annually  on  the  twenty-fifth  day  of  January  in 
each  year.  Such  contract  for  use  shall  provide  that  the 
company  shall  pay  to  the  citj^  for  each  full  year  ending  with 
the  last  day  of  December,  and  ratably  for  any  portion  of 
the  year,  an  annual  rental  which  shall  be  sufficient  to  pro- 
vide an  amount  equal  to  one  half  of  one  per  cent  of  the  net 
cost  of  the  premises  and  equipment  in  addition  to  the  annual 
amount  of  interest  on  bonds  issued  to  pay  for  said  net  cost, 
but  not  less  than  four  and  one  half  per  cent  of  said  net  cost 
in  any  event;  provided,  that  said  annual  rental  shall  be 
payable  by  the  company  in  any  year  only  if  and  to  the  ex- 
tent that  the  reserve  fund  provided  for  by  section  five  of 
chapter  one  hundred  and  fifty-nine  of  the  Special  Acts  of 
nineteen  hundred  and  eighteen  exceeds  on  the  last  day  of 
December  the  amount  originally  established;  and  provided, 
further,  that  such  excess  shall  be  determined  and  the  obli- 
gation to  pay  the  rental  shall  accrue  only  after  deducting 
from  said  reserve  fund  the  full  amount  of  the  rental  payable 
under  any  contracts  executed  under  the  authority  of  chapter 
three  hundred  and  forty-one  of  the  acts  of  nineteen  hundred 
and  twenty-five  as  amended,  and  the  full  amount  of  the 
rental  payable  under  any  contracts  executed  under  the  au- 


Acts,  1945.  —  Chap.  692.  849 

thority  of  Part  II  of  chapter  three  hundred  and  sixty-six 
of  the  acts  of  nineteen  hundred  and  thirty-three  as  amended 
and  after  fully  reimbursing  the  commonwealth  as  provided 
in  sections  eleven  and  thirteen  of  said  chapter  one  hundred 
and  fifty-nine.  If  by  virtue  of  the  foregoing  provisos  the 
company  is  not  required  to  make  the  full  rental  payments 
as  above  provided,  the  commonwealth  shall  during  the  term 
of  said  contract  and  until  the  subway  bonds  issued  by  the 
city  of  Boston  under  this  act  shall  have  been  paid,  or  a  sink- 
ing fund  accumulated  sufficient  to  pay  the  same  at  maturity, 
pay  to  the  city  of  Boston  on  or  before  March  first  in  each 
year  the  amount  so  unpaid. 

On  application  of  the  city  of  Boston,  the  department  of 
public  utilities  shall  determine  the  amount  so  to  be  paid  by 
the  commonwealth.  In  order  to  provide  for  any  such  pay- 
ment, the  state  treasurer  may  borrow  as  provided  in  section 
eleven  of  said  chapter  one  hundred  and  fifty-nine.  In  case 
the  commonwealth  shall  be  called  upon  to  make  any  pay- 
ments hereunder,  the  amount  thereof,  with  interest  or  other 
charges  incurred  in  borrowing  money  for  the  purpose,  shall 
be  assessed  upon  the  cities  and  towns  which  paid  assess- 
ments under  the  last  preceding  assessment  under  section 
fourteen  of  said  chapter  one  hundred  and  fifty-nine  in  pro- 
portion to  the  amounts  paid,  and  shall  be  assessed  and  col- 
lected in  the  manner  provided  in  said  section  fourteen. 

Section  6.  Upon  acceptance  of  this  act  by  vote  of  the 
city  council  of  the  city,  approved  by  the  mayor,  the  de- 
partment may  immediatelj^  make  such  preliminary  investi- 
gations, surveys  and  plans  as  it  may  deem  expedient,  and 
to  that  end  ma}^  enter  upon  any  lands  and  place  and  main- 
tain marks  therein  and  may  make  excavations  and  borings 
and  do  all  other  acts  necessary  for  such  investigations  and 
surveys.  The  department  may  expend  such  sums  not  in 
excess  of  ten  thousand  dollars  as  it  deems  necessary  therefor. 
The  expenses  incurred  in  making  such  preliminary  investi- 
gations, surveys  and  plans  shall  be  paid  from  the  loans  au- 
thorized by  chapter  seven  hundred  and  forty-one  of  the  acts 
of  nineteen  hundred  and  eleven,  but  if  and  when  the  con- 
struction is  begun  hereunder,  the  amount  so  expended  shall 
be  transferred  and  charged  to  the  cost  of  the  premises. 

Section  7.  The  provisions  of  the  Boston  Building  Code 
of  the  City  of  Boston,  being  chapter  four  hundred  and 
seventy-nine  of  the  acts  of  nineteen  hundred  and  thirty- 
eight,  as  amended  by  chapter  two  hundred  and  seventeen 
of  the  acts  of  nineteen  hundred  and  thirty-nine,  with  the 
amendments  by  ordinances  of  the  city  council  incorporated 
therein,  and  of  sections  one  hundred  and  ten  and  one  hun- 
dred and  eleven  of  chapter  forty-one  of  the  General  Laws 
shall  not  apply  to  the  work  authorized  by  virtue  of  this  act. 

Section  8.  The  department  may  make  contracts  for 
work  authorized  by  virtue  of  this  act  and  all  contracts  in- 
volving two  thousand  dollars  or  more  in  amount  shall  be  in 
writing,  signed  by  the  contractor  and  a  majority  of  the 


850  Acts,  1945.  — Chap.  693. 

department  and  shall  be  let  only  after  advertisement,  and 
then  to  the  lowest  responsible  bidder.  No  such  written 
contract  shall  be  altered  except  by  an  instrument  in  writing 
signed  by  the  contractor  and  a  majority  of  the  department, 
and  also  by  the  sureties  on  any  bond  given  by  the  contractor 
for  the  completion  of  the  original  contract.  No  such  con- 
tract and  no  alteration  of  any  such  contract  shall  be  valid 
or  binding  on  the  city  unless  executed  in  the  manner  afore- 
said. 

Section  9.  Said  contract  for  use  referred  to  in  section 
five  shall  not  in  any  respect  impair  any  right  which  the 
commonwealth  or  any  political  subdivision  thereof  may  at 
any  time  have  to  take  the  railway  properties  and  rights  of 
the  company  or  any  right  which  the  commonwealth  or  any 
political  subdivision  thereof  may  have  under  section  sixteen 
of  chapter  one  hundred  and  fifty-nine  of  the  Special  Acts  of 
nineteen  hundred  and  eighteen  or  under  section  seventeen 
of  chapter  three  hundred  and  thirty-three  of  the  acts  of 
nineteen  hundred  and  thirty-one.  In  the  event  of  such 
taking  the  compensation  to  be  paid  to  the  company  shall 
not  be  enhanced  by  reason  of  such  contract  nor  shall  it  be 
diminished  because  of  the  fact  that  without  it  properties 
might  be  cut  off. 

Section  10.  To  meet  the  cost  of  the  premises  and  equip- 
ment, the  city  may  issue  bonds,  to  an  amount  not  exceeding 
five  million  dollars,  which  shall  be  designated  on  their  face 
Subway  Bonds  Acts  of  1945,  in  the  same  manner  as  bonds 
issued  under  section  eleven  of  said  chapter  four  hundred  and 
eighty  of  the  acts  of  nineteen  hundred  and  twenty-three  and 
the  provisions  of  said  section  shall  apply  to  the  premises 
and  equipment  and  all  action  taken  under  authority  of  this 
section. 

Section  11.  All  rentals  and  other  payments  received 
by  the  city  under  this  act  shall  be  used  so  far  as  necessary 
for  the  payment  of  interest  on  the  obligations  incurred  here- 
under and  the  balance  shall  be  used  for  the  payment  of  the 
principal  thereof  or  the  accumulation  of  a  sinking  fund 
therefor.  All  indebtedness  incurred  under  this  act  shall  be 
outside  the  statutory  limit  of  indebtedness  of  the  city. 

Section  12.  This  act  shall  take  full  effect  only  upon  its 
acceptance  both  by  vote  of  the  city  council  of  the  city  of 
Boston,  approved  by  the  mayor,  and  by  the  Boston  Ele- 
vated Railway  Company  by  vote  of  its  board  of  directors, 
and  upon  the  filing  of  certificates  of  such  acceptances  with 
the  state  secretary.  Approved  July  2J^,  1945. 

Chap.Q9S  An  Act  further  regulating  the  use  of  certain  in- 
land waters  for  fishing,  hunting  and  boating  pur- 
poses. 

Be  it  enacted,  etc.,  as  follows: 

EdV  92,1 17.        Section  1.     Section  seventeen  of  chapter  ninety-two  of 
amended.         tho  General  Laws,  as  appearing  in  the  Tercentenary  Edi- 


Acts,  1945.  —  Chap.  694.  851 

tion,  is  hereby  amended  by  adding  at  the  end  the  following 
paragraph :  — 

Any  of  such  waters  abandoned  as  a  source  of  water  supply  waters 
of  any  town  or  water  company  aforesaid  shall  thereafter  be  a'^so^c?  o1 " 
open  to  all  inhabitants  of  the  commonwealth  for  fishing  water  supply 

'^  °  to  be  open 

purposes.  for  fishing. 

Section  2.  Chapter  one  hundred  and  thirty-one  of  the  g.  l.  (Xer. 
General  Laws  is  hereby  amended  by  striking  out  section  ^tl! 'amended^' 
thirty-four,  as  appearing  in  section  two  of  chapter  five  hun- 
dred and  ninety-nine  of  the  acts  of  nineteen  hundred  and 
forty-one,  and  inserting  in  place  thereof  the  following  sec- 
tion :  —  Section  34-  Except  as  otherwise  provided  in  this  Great  ponds 
section  and  elsewhere  in  this  chapter,  every  great  pond  not  for  IsEhigl'etc. 
used  as  a  source  of  water  supply  of  any  town,  water  supply 
or  fire  district  or  public  institution  and  not  subject  to  the 
provisions  of  section  one  hundred  and  sixty  of  chapter  one 
hundred  and  eleven  or  the  first  sentence  of  section  seventeen 
of  chapter  ninety-two,  shall  be  public  for  the  purpose  of 
hunting  or  boating  thereon  and  shall,  notwithstanding  the 
provisions  of  any  special  law  relating  to  fisheries  in  any 
particular  place,  be  open  to  all  inhabitants  of  the  com- 
monwealth for  fishing  purposes;  provided,  that  any  city  or 
town  in  which  the  whole  or  any  portion  of  any  great  pond 
not  exceeding  five  hundred  acres  in  extent  is  situated  may, 
as  to  so  much  thereof  as  is  located  within  its  boundaries, 
make  and  enforce  rules  and  regulations  relative  to  hunting, 
fishing  and  boating  thereon.  Any  such  rules  and  regula- 
tions shall,  to  the  extent  that  they  authorize  hunting  or 
fishing,  or  both,  be  subject  to  the  approval  of  the  depart- 
ment of  conservation  and,  to  the  extent  that  they  authorize 
any  other  use  thereof,  be  subject  to  the  approval  of  the 
department  of  public  works.  All  persons  shall  be  allowed 
reasonable  means  of  access  to  such  ponds  for  the  purposes 
aforesaid.  Approved  July  24,  19^5 

An  Act  allowing  certain  members  of  the  division  of  nhnj)  594 

STATE    police    IN    THE    DEPARTMENT    OF    PUBLIC    SAFETY  ^' 

CERTAIN  TIME  OFF  WITHOUT  LOSS  OF  COMPENSATION,  AND 
DEFINING  THE  TERMS  "  DAY  OFF"  AND  "nIGHT  OFF"  FOR 
SUCH    PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Chapter    twenty-two    of    the    General    Laws    is    hereby  g.  l.  (Ter. 
amended   by  inserting   after  section   nine   C,   inserted   by  f  gD.add^dT 
chapter  two  hundred  and  thirty-nine  of  the  acts  of  nineteen 
hundred  and  thirty-three,  the  following  section :  —  Section  Certain  time 
9D.     All  members  of  the  division  of  state  police  appointed  i°o'Is''of''com- 
under  section  nine  A  shall  be  given  one  day  off  in  seven  and  pensation. 
an  additional  night  off  in  each  week,  and  the  commissioner, 
with  the  approval  of  the  governor,  may  grant  further  time 
off  to  such  members,  in  every  instance  without  loss  of  com- 
pensation.   Each  day  off  shall  consist  of  at  least  thirty-nine 
consecutive  hours,  and  each  night  off  shall  consist  of  at  least 


852  Acts,  1945.  —  Chaps.  695,  69G. 

fifteen  consecutive  hours,  and  they  shall  commence  at  five 
o'clock  post  meridian,  or  at  the  end  of  the  officer's  tour  of 
duty  if  earlier  than  five  o'clock  post  meridian.  The  com- 
missioner may,  in  case  of  any  public  emergency,  or  of  any 
unusual  demand  for  the  services  of  the  members  of  the 
division  of  state  police,  prevent  any  member  of  the  division 
from  taking  the  day  or  the  night  off  at  the  time  when  he  is 
entitled  thereto,  or  at  the  time  assigned  therefor;  provided, 
that  such  day  or  night  off  shall  be  granted  to  him  as  soon 
thereafter  as  is  practicable.  Approved  July  24,  1945. 


Chap.Q^d  An  Act  providing  for  the  establishment  and  main- 
tenance BV  THE  METROPOLITAN  DISTRICT  COMMISSION 
OF   A    PARKING    AREA    IN    THE    CITY    OF   REVERE. 

Be  it  enacted,  etc.,  as  follows: 

The  metropolitan  district  commission  is  hereby  author- 
ized to  establish  and  maintain  a  parking  space  for  motor 
vehicles  on  such  land  in  the  city  of  Revere,  lying  westerly 
of  that  part  of  Ocean  avenue  between  Eliot  circle  and 
Revere  street  and  easterly  of  the  Boston,  Revere  Beach  and 
Lynn  Railroad  property,  as  may  be  transferred  to  the  com- 
monwealth without  cost  to  it.  Suitable  fees  shall  be  charged 
for  the  use  of  said  parking  space. 

Approved  July  24,  1945. 

Chap.Q9Q  An  Act  relative  to  the  payment  of  annuities  to  de- 
pendents OF  CERTAIN  PUBLIC  EMPLOYEES  KILLED  OR 
DYING  FROM  INJURIES  RECEIVED  OR  HAZARDS  UNDERGONE 
IN   THE   PERFORMANCE    OF   DUTY. 

Be  it  enacted,  etc.,  as  follows: 

Ed^iJl'so        Section  eighty-nine  of  chapter  thirty-two  of  the  General 
etc.',  amended'.    Laws  is  hereby  amended  by  striking  out  the  first  paragraph, 
as  most  recently  amended  by  chapter  six  hundred  and  forty- 
one  of  the  acts  of  the  current  year,  and  inserting  in  place 
Annuities  to      thcrcof  the  following  paragraph :  —  If  a  member  of  the  police 
poSceufe"  and    or  firc  forcc,  or  a  forest  warden,  of  a  city  or  town,  or  a  mem- 
e^c'Tn'p^er-'^'''    ^^^  ^^  ^^®  department  of  public  safety  doing  police  duty,  or 
forinance  of       an  invcstigator  or  examiner  of  the  registry  of  motor  vehicles 
"*^'  in  the  department  of  public  works  doing  police  duty,  or  an 

inspector,  investigator  or  industrial  relations  adjuster  in  the 
department  of  labor  and  industries,  or  a  prison  officer  or  any 
technical  employee  of  the  department  of  public  works  or 
public  health,  of  the  metropolitan  district  commission,  or  of 
the  division  of  metropolitan  planning,  included  in  class 
twenty-seven  of  rule  four  of  the  civil  service  rules,  is  killed, 
or  dies  from  injuries  received,  or  dies  as  a  natural  and  proxi- 
mate result  of  undergoing  a  hazard  peculiar  to  his  employ- 
ment, while  in  the  performance  of  his  duty,  and  it  shall  be 
proved  to  the  satisfaction  of  the  appropriate  public  author- 
ity as  hereinafter  defined  that  such  death  was  the  natural 


Acts,  1945.  —  Chap.  696.  853 

and  proximate  result  of  an  accident  occurring,  or  of  under- 
going a  hazard  peculiar  to  his  employment,  while  he  was 
acting  in  the  performance  and  within  the  scope  of  his  dut}^, 
and  a  majority  of  the  members  of  a  board  consisting  of  two 
physicians  designated  by  the  public  authority  hereinafter 
defined,  and  one  physician  to  be  designated  by  the  commis- 
sioner of  public  health  shall  certify  to  the  treasurer  of  the 
body  politic  and  corporate  by  which  the  compensation  of 
such  deceased  person  was  payable,  that  the  death  was  the 
natural  and  proximate  result  of  the  said  injury  or  hazard, 
there  shall,  except  as  hereinafter  provided,  be  paid  out  of  the 
treasury  of  such  body  politic  and  corporate,  to  the  following 
dependents  of  such  deceased  person  the  following  annuities: 
To  the  widow,  so  long  as  she  remains  unmarried,  an  annuity 
not  exceeding  one  thousand  dollars  a  year,  increased  by  not 
exceeding  two  hundred  and  sixty  dollars  for  each  child  of 
such  deceased  person  during  such  time  as  such  child  is  under 
the  age  of  eighteen  or  over  said  age  and  physically  or  men- 
tally incapacitated  from  earning;  and,  if  there  is  any  such 
child  and  no  widow  or  the  widow  later  dies,  such  an  annuity 
as  would  have  been  payable  to  the  widow  had  there  been  one 
or  had  she  lived,  to  or  for  the  benefit  of  such  child,  or  of 
such  children  in  equal  shares,  during  the  time  aforesaid; 
and,  if  there  is  any  such  child  and  the  widow  remarries,  in 
lieu  of  the  aforesaid  annuity  to  her,  an  annuity  not  exceed- 
ing five  hundred  and  twenty  dollars  to  or  for  the  benefit  of 
each  such  child  during  the  time  aforesaid;  and,  if  there  is 
no  widow  and  no  such  child,  an  annuity  not  exceeding  one 
thousand  dollars  to  or  for  the  benefit  of  the  father  or  mother 
of  the  deceased,  or  to  or  for  the  benefit  of  an  unmarried  or 
widowed  sister  of  the  deceased  with  whom  he  was  li\ing  at 
the  time  of  his  death,  if  such  father,  mother  or  sister  was 
dependent  upon  him  for  support  at  the  time  of  his  death, 
during  such  time  as  such  beneficiary  is  unable  to  support 
himself  or  herself  and  does  not  marry.  The  members  of  said 
board  to  be  designated  by  the  public  authority  and  the  com- 
missioner of  pubUc  health,  as  aforesaid,  shall  be  so  desig- 
nated within  thirty  days  after  the  filing  of  an  application 
for  an  annuity  hereunder,  and  said  members  shall  make  their 
report  within  sixty  days  after  their  appointment.  The  total 
amount  of  all  such  annuities  shall  not,  except  as  hereinafter 
provided,  exceed  the  annual  rate  of  compensation  received 
by  such  deceased  person  at  the  date  of  his  death.  If  such 
deceased  person  was  a  reserve  or  special  policeman  or  a  re- 
serve or  call  fireman  of  a  city  or  town  and,  at  the  time  he 
was  killed  or  at  the  time  he  received  the  injuries  or  under- 
went the  hazard  resulting  in  his  death,  was  performing  duty 
to  which  he  was  assigned  or  called  as  such  policeman  or  fire- 
man and  for  the  performance  of  which  he  was  entitled  to 
compensation  from  said  city  or  town,  the  total  amount  of 
all  such  annuities  shall  not  exceed  the  annual  rate  of  com- 
pensation payable  to  a  regular  or  permanent  member  of  the 
police  or  fire  force  thereof,  as  the  case  may  be,  for  the  first 


854 


Acts,  1945.  —  Chap.  697. 


year  of  service  therein,  and  if  there  are  no  regular  or  perma- 
nent members  of  the  police  or  fire  force  thereof,  as  the  case 
may  be,  said  total  amount  shall  not  exceed  the  sum  of  one 
thousand  dollars.  The  amount  of  any  such  annuity  shall 
from  time  to  time  be  determined  within  the  limits  aforesaid 
by  the  appropriate  public  authority  as  hereinafter  defined. 

Approved  July  £4,  1945. 


Chap.697  An  Act  to  prevent  undue  delay  in  the  enforcement 

OF  THE  LAWS  RELATING  TO  THE  MAKING  SAFE  OF,  OR  THE 
REMOVAL  OF,  CERTAIN  BUILDINGS  OR  STRUCTURES  WHICH 
ARE    DANGEROUS   TO    LIFE   AND    LIMB. 


Emergency 
preamble. 


G.  L.  (Ter. 
Ed.),  143,  §  8, 
amended. 


Proceedings 
on  failure 
to  remove  or 
repair. 


G.  L.  (Ter. 
Ed.),  143,  §  9, 
amended. 


Whereas,  One  of  the  principal  purposes  of  this  act  is  to 
make  available  earlier  than  ninety  days  after  it  becomes  a 
law  the  procedure  provided  therein  for  remedying  conditions 
existing  in  connection  with  dangerous  buildings,  and  said 
purpose  cannot  otherwise  be  achieved,  therefore  this  act  is 
hereby  declared  to  be  an  emergency  law,  necessary  for  the 
immediate  preservation  of  the  public  health,  safety  and 
convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  eight  of  chapter  one  hundred  and 
forty-three  of  the  General  Laws,  as  appearing  in  the  Ter- 
centenary Edition,  is  hereby  amended  by  striking  out,  in 
the  fifth  and  sixth  lines,  in  the  eighth  line,  and  in  the  tenth 
line,  the  words  "chief  engineer"  and  inserting  in  place 
thereof,  in  each  instance,  the  word: —  head,  —  and  by  in- 
serting after  the  word  "department"  in  the  sixth  line  the 
following:  —  ,  as  such  term  is  defined  in  section  one  of  chap- 
ter one  hundred  and  forty-eight,  —  so  as  to  read  as  follows : 
—  Section  8.  If  an  owner,  agent  or  person  interested  in  such 
unsafe  structure  refuses  or  neglects  to  comply  with  the  re- 
quirements of  such  notice  within  the  time  limited,  and  such 
structure  is  not  made  safe  or  taken  down  as  therein  ordered, 
a  careful  survey  of  the  premises  shall  be  made  by  a  board 
consisting  in  a  city  of  the  city  engineer,  the  head  of  the  fire 
department,  as  such  term  is  defined  in  section  one  of  chap- 
ter one  hundred  and  forty-eight,  and  one  disinterested  per- 
son to  be  appointed  by  the  inspector  of  buildings,  and  in  a 
town  of  a  surveyor,  the  head  of  the  fire  department  and  one 
disinterested  person  to  be  appointed  by  the  inspector  of 
buildings.  If  there  is  no  city  engineer  in  such  city  or  no 
head  of  the  fire  department  in  such  city  or  town,  the  mayor 
or  selectmen  shall  designate  one  or  more  officers  or  other 
suitable  persons  in  place  of  the  oflficers  so  named  as  mem- 
bers of  said  board.  A  written  report  of  such  survey  shall 
be  made,  and  a  copy  thereof  served  on  such  owner,  agent 
or  interested  person. 

Section  2.  Said  chapter  one  hundred  and  forty-three  is 
hereby  further  amended  by  striking  out  section  nine,  as  ap- 
pearing in  the  Tercentenary  Edition,  and  inserting  in  place 


Acts,  1945.  —  Chap.  697.  855 

thereof  the  following  section :  —  Section  9.     If  such  report  Dangerous 
declares  such  structure  to  be  dangerous,  and  if  the  owner,  be  removed 
agent  or  person  interested  continues  such  refusal  or  neglect,  byTn^plo^rJr^ 
the  inspector  of  buildings  shall  cause  it  to  be  made  safe  or  of  buildings. 
taken  down,  and,  if  the  public  safety  so  requires,  said  in- 
spector may  at  once  enter  the  structure,  the  land  on  which 
it  stands  or  the  abutting  land  or  buildings,  with  such  assist- 
ance as  he  may  require,  and  se('ure  or  remove  the  same,  and 
ma}^  remove  and  evict,  under  the  pertinent  provisions  of 
chapter  two  lumdred  and  tliirty-nine  or  otherwise,  any  ten- 
ant or  occupant  thereof,  and  may  erect  such  protection  for 
the  public  by  proper  fence  or  otherwise  as  may  be  neces- 
sary, and  for  this  purpose  may  close  a  pubhc  highway.    The 
costs  and  charges  incurred  shall  constitute  a  lien  upon  the 
land  upon  which  the  building  is  located,  and  shall  be  en- 
forced within  the  time  and  in  the  manner  provided  for  the 
collection  of  taxes  on  land;    and  such  owner  or  interested 
person  shall,  for  every  day's  continuance  of  such  refusal  or 
neglect  after  being  so  notified,  forfeit  to  the  city  or  town  in 
which  the  structure  is  located  not  less  than  ten  nor  more 
than  fifty  dollars.     During  the  time  such  order  is  in  effect  use  or 
it  shall  be  unlawful  to  use  or  occupy  such  structure  or  any  foHmid"iK 
portion  thereof  for  any  purpose. 

Section  2A.     Said  chapter  one  hundred  and  forty-three  g.  i-.  (Tor. 
is  hereby  further  amended  by  inserting  after  section  nine  i'Va',  ad'ciefL"' 
the  following  section: — Section  9 A.     If,  by  any  act  done  city  or  town 
by  an  officer  of  a  city  or  town  for  the  purpose  of  making  safe  damask  to 
or  taking  down  any  dangerous  structure,  any  real  estate  l^g^^^^" '"''''' 
other  than  such  structure  or  the  parcel  of  land  upon  which 
it  stands  is  taken,  used  or  injured,  any  person  owning  an  in- 
terest in  sucli  real  estate  and  not  having  an  interest  in  such 
dangerous  structure  may  recover  damages  for  such  taking, 
use  or  injur}^  from  such  city  or  town  in  a  petition  for  the 
assessment  thereof  under  chapter  seventy-nine  filed  in  the 
superior  court  for  the  county  in  which  such  real  estate  is 
situated  within  one  year  after  such  taking,  use  or  injury; 
provided,  that  if  such  taking,  use  or  injury  occurred  not  more 
than  three  years  prior  to  the  effective  date  of  this  section, 
said  petition  may  be  filed  not  more  than  one  year  after  said 
effective  date. 

Section  2B.    The  provisions  of  section  nine  A  of  chapter  Liability  in 
one  hundred  and  forty-three  of  the  General  Laws,  inserted  rfan'ge^roi°7" 
by  section  two  A  of  this  act,  shall  also  apply  in  case  the  acts  structure. 
of  an  officer  of  a  city  or  town  are  done  for  the  purpose  of 
making  safe  or  taking  down  any  dangerous  structure  under 
any  special  law  or  any  ordinance  or  by-law. 

Section  3.    Said  chapter  one  hundred  and  forty-three  is  g.  l.  (Xer. 
hereby  further  amended  by  striking  out  section  ten,  as  so  amended.'  ^  ^*^' 
appearing,  and  inserting  in  place  thereof  the  following  sec- 
tion: —  Section  10,    An  owner  or  interested  person  aggrieved  PersL.ns  ^^s- 
by  such  order  may  have  the  remedy  prescribed  by  section  apply  for  jury. 
two  of  chapter  one  hundred  and  thirty-nine;  provided,  that 
no  provision  of  said  section  two  shall  be  construed  so  as  to 


866 


Acts,  1945.  —  Chap.  698. 


G.  L.  (Ter. 
Ed.)  143,  §  12, 
aitienrled. 


Hestraining 
illegal  con- 
struction, etc. 


(i.  I,.  (Ter. 
Ed.),  139,  §  2, 
amended. 


Appeal  to 
superior  court. 


hinder,  delaj'  or  prevent  the  inspector  acting  and  proceed- 
ing under  section  nine;  and  provided,  further,  that  this  sec- 
tion shall  not  prevent  the  city  or  town  from  recovering  the 
forfeiture  provided  in  said  section  nine  from  the  date  of  the 
service  of  the  original  notice,  unless  the  order  is  annulled  by 
the  jury. 

Section  4.  Section  twelve  of  said  chapter  one  hundred 
and  forty-three,  as  so  appearing,  is  hereby  amended  by  in- 
serting after  the  word  "repair"  in  the  fifth  line  the  words: 
—  ,  maintenance,  use  or  occupancy,  —  so  as  to  read  as  fol- 
lows: —  Section  IS.  The  supreme  judicial  or  superior  court 
may  restrain  the  construction,  alteration,  repair,  mainte- 
nance or  use  of  a  building  or  structure  in  violation  of  any 
ordinance  or  by-law  of  a  city  or  town  and  order  its  removal 
or  abatement  as  a  nuisance;  and  may  restrain  the  further 
construction,  alteration  or  repair,  maintenance,  use  or  occu- 
pancy of  a  building  or  structure  reported  to  be  dangerous, 
under  a  survey  authorized  by  section  eight,  until  the  deter- 
mination of  the  matter,  as  provided  in  section  ten. 

Section  5.  Section  two  of  chapter  one  hundred  and 
thirty-nine  of  the  General  Laws,  as  appearing  in  the  Ter- 
centenary Edition,  is  hereby  amended  by  adding  at  the  end 
the  following  sentence:  —  All  proceedings  hereunder  author- 
ized by  section  ten  of  chapter  one  hundred  and  forty-three, 
after  issue  is  joined  therein,  shall  be  in  order  for  trial  and 
shall  have  precedence  over  any  case  of  a  different  nature 
pending  in  said  court  and  then  in  order  for  trial. 

Approved  July  24,  1945. 


(!lia'p.Q98  An  Act  increasing  the  salary  of  the  police  commis- 
sioner  FOR   the   city   of  BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  eight  of  chapter  two  hundred  and 
ninety-one  of  the  acts  of  nineteen  hundred  and  six,  as  most 
recently  amended  by  section  one  of  chapter  eighty-six  of 
the  acts  of  nineteen  hundred  and  thirty-four,  is  hereby 
further  amended  by  striking  out,  in  the  second  line,  the 
word  "eight"  and  inserting  in  place  thereof  the  word:  — 
ten,  —  so  that  the  first  paragraph  will  read  as  follows:  — 
The  annual  salary  of  the  police  commissioner  shall  be  ten 
thousand  dollars,  and  of  the  secretary  an  amount  which 
shall  be  fixed  by  the  poHce  commissioner  with  the  approval 
of  the  governor  and  council,  which  shall  be  paid  in  monthly 
instalments  by  the  city  of  Boston.  Subject  to  the  approval 
of  the  governor  and  council,  the  police  commissioner  shall 
be  provided  with  such  rooms,  which  shall  be  suitably  fur- 
nished, as  shall  be  convenient  and  suitable  for  the  perform- 
ance of  his  duties,  the  expense  of  which  shall  be  paid  by  the 
city  of  Boston. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  July  24,  1945. 


Acts,  1945.  —  Chaps.  699,  700.  857 


An  Act  relative  to  the  retirement  rights  and  privi-  Chap.6QQ 

LEGES  OF  MEMBERS  OF  THE  TEACHERS'  RETIREMENT  AS- 
SOCIATION WHO  RETURN  TO  SCHOOL  EMPLOYMENT  AFTER 
THE   TERMINATION   OF   MILITARY    OR   NAVAL   SERVICE. 

Whereas,  The  deferred  operation  of  this  act  would  tend  Emergency 
in  part  to  defeat  its  purpose,  which  is  to  further  protect  the 
retirement  rights  and  privileges  of  members  of  the  teachers' 
retirement  association  who  served  in  the  military  or  naval 
service  during  the  present  war,  therefore  it  is  hereby  de- 
clared to  be  an  emergency  law,  necessary  for  the  immediate 
preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  nine  of  chapter  seven  hundred  and  eight  of  the 
acts  of  nineteen  hundred  and  forty-one  is  hereby  amended 
by  adding  at  the  end  the  following  paragraph :  — 

A  member  of  the  teachers'  retirement  association  shall  be 
entitled  to  the  benefits  provided  by  the  first  paragraph  of 
this  section  if,  upon  the  termination  of  military  or  naval 
service  entered  into  by  him  on  or  after  January  first,  nine- 
teen hundred  and  forty,  he  returns  to  employment  as  a 
teacher,  as  defined  in  chapter  thirty-two  of  the  General 
Laws,  in  the  school  department  where  formerly  employed 
or  accepts  such  employment  in  another  school  department 
in  the  commonwealth.  If  such  member  accepts  employ- 
ment in  another  school  department  as  aforesaid,  any  differ- 
ence between  the  amount  contributed  to  the  annuity  fund 
of  the  teachers'  retirement  system  by  the  city  or  town  by 
which  he  was  formerly  employed,  as  provided  bj'^  said  first 
paragraph  and  by  section  nine  A  of  this  act,  and  the  total 
amount  of  contributions  to  said  annuity  fund  to  which  such 
member  is  entitled  thereunder  shall  be  paid  into  said  fund 
by  the  commonwealth.  Approved  July  24,  1945. 


An  Act  making  certain  perfecting  amendments  to  the  QfiQj)  'JQQ 

LAWS  relating  TO  THE  SAFETY  OF  PERSONS  IN  BUILDINGS 
AND   TO    FIRE    PREVENTION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  twenty  of  chapter  one  hundred  and  g.  l.  (Ter. 
forty-three  of  the  General  Laws,  as  appearing  in  the  Ter-  ^mendetr'    ^"' 
centenary  Edition,  is  hereby  amended  by  striking  out,  in 
the  second  line,  the  words  ",  except  in  Boston",  —  so  as  to 
read  as  follows:  —  Section  20.    The  openings  of  hoistways.  Hatchways, 
hatchways  and  well  holes  on  every  floor  of  a  pubUc  build-  frotec^ed^ 
ing  shall  be  protected  by  sufficient  trapdoors  or  self-closing 
hatches  or  such  other  safeguards  as  an  inspector  directs; 
and  due  diligence  shall  be  used  to  keep  such  trapdoors 
closed  at  all  times  except  when  in  actual  use  by  the  occupant 
of  the  building  having  the  use  and  control  of  the  same. 
Violations  of  this  section  shall  be  punished  by  a  fine  of  not  Penalty. 
more  than  one  hundred  dollars. 


858  Acts,  1945.  —  Ghap.  700. 

Ed.)t  ili!\  47,      Section  2.     Section  forty-seven  of  said  chapter  one  hun- 
aniendeti.'         drcd  and  fortj^-three,  as  so  appearing,  is  hereby  amended  by 

striking  out  the  last  sentence. 
Edo,'  ils^j  48,      Section  3.     Section  forty-eight  of  said  chapter  one  hun- 
riniendpfi.'         dred  and  forty-three,  as  so  appearing,  is  hereby  amended  by 
striking  out,  in  the  second  and  third  hnes,  the  words  "other- 
wise the  chief  engineer  of  the  fire  department,  if  there  be 
any,",  —  by  strildng  out,  in  the  fourth  Hne,  the  words  "in 
the  month  of  April",  —  by  striking  out,  in  the  seventh  and 
in  the  tenth  lines,  the  words  "the  preceding  section"  and 
inserting  in  place  thereof,  in  each  instance,  the  words :  — 
section  forty-seven,  —  and  b}^  striking  out  the  last  sentence, 
inspeetioii  of     — SO  as  to  read  as  follows:  —  Section  ^8.    The  inspector  of 
buildings  of  each  city  and  town,  if  there  be  any,  otherwise 
such  person  as  the  mayor  of  a  city  or  the  selectmen  of  a 
town  shall  designate,  shall  annually  inspect  every  room  of 
every  hotel  and  lodging  house  of  eight  or  more  sleeping 
rooms  above  the  second  story  in  his  citj^  or  town  and  ascer- 
tain if  section  forty-seven  is  being  complied  with,  and  shall 
report  the  condition  of  the  rope  or  other  appliance  to  the 
commissioner  of  public  safety,  upon  forms  to  be  furnished 
i'.mhIiv.      -     by  him.    Whoever  violates  any  provision  of  this  or  section 
forty-seven  shall  be  punished  by  a  fine  of  not  more  than  fi've 
hundred  dollars  or  by  imprisonment  for  not  more  than  six 
months,  or  both. 
Ed)'' 148 '§3        Section  4.     Section  three  of  chapter  one  hundred  and 
iitnendod.'     '    forty-clght  of  the  General  Laws,  as  so  appearing,  is  hereby 
amended  by  striking  out,  in  the  third  line,  the  words  "ex- 
cept such  fires  occurring  in  the  citj^  of  Boston,",  —  and  by 
striking  out  all  after  the  word  "hereunder"  in  the  twenty- 
investigation     gj.g^  jj^g  — gQ   ^g  ^q  j-g^d   as  f ollows :  —  SecUoii  3.     The 

ot  ni'os. 

marshal  shall  investigate  or  cause  to  be  investigated  the 
circumstances  of  all  fires  of  suspicious  origin  of  which  he 
has  notice,  and  may  investigate  or  cause  to  be  investigated 
the  circumstances  of  any  fire  occurring  anjavhere  within  the 
commonwealth.  For  such  purposes  the  marshal,  or  some 
person  designated  by  the  commissioner,  may  summon  and 
examine  on  oath,  administered  b}^  the  marshal  or  such 
person  so  designated,  any  person  supposed  to  know  or  have 
means  of  knowing  any  material  facts  touching  the  subject 
of  investigation.  Such  witnesses  may  be  kept  apart  and 
examined  separately,  and  such  examination  shall  be  reduced 
to  writing,  and  false  testimony  therein  shall  be  perjury. 
Any  justice  of  a  district  court  or  of  the  superior  court,  upon 
application  of  the  marshal,  or  person  so  designated,  may 
compel  the  attendance  of  such  witnesses  and  the  giving  of 
such  testimony  in  the  same  manner  and  to  the  same  extent 
as  before  said  court.  If,  upon  such  investigation,  the  mar- 
shal, or  person  so  designated,  believes  that  the  evidence 
is  sufficient  to  charge  any  person  with  crime,  he  shall  make 
a  complaint  therefor,  and  shall  fm-nish  the  proper  officers 
with  the  evidence  and  names  of  witnesses  obtained  by  him. 


Acts,  1945.  —  Chap.  701.  859 

The  marshal  shall,  when  required,  report  to  the  commis- 
sioner of  insurance  his  proceedings  and  the  progress  of  pros- 
ecutions instituted  hereunder.         Approved  July  24,  1945. 


An  Act  relative  to  the  scope  of  civil  service.        Chap  701 

Whereas,  One  of  the  pruicipal  purposes  of  this  act  is  to  Emergency 
provide  procedure  for  placing  certain  questions  on  the  official  p'"e;imhie. 
ballot  to  be  used  at  the  next  ensuing  regular  city  elections 
and  the  deferred  operation  of  this  act  would  defeat  such 
purpose,  therefore  it  is  hereby  declared  to  be  an  emergency 
law,  necessar}^  for  the  immediate  preservation  of  the  public 
convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.      Chapter   thirty-one   of   the    General    Laws  g.  l.  (Ter. 
is  hereby  amended  by  striking  out  section  thirty-six,   as  ^to'' 'amended 
amended  by  section   thirty-nine  of  chapter  two  hundred 
and  thirty-eight  of  the  acts  of  nineteen  hundred  and  thirty- 
nine,  and  inserting  in  place  thereof  the  following  section :  — 
Section  36.     No  person  not  a  citizen  of  the  United  States  Alien  not  to  be 
shall  be  employed  provisionally  in  an}^  position  subject  to  cHf^e'n'^avaii- 
civil  service  if  there  are  citizens  available  therefor.     If  an  able. 
appointing  officer,  before  a  list  of  eligible  appointees  is  es- 
tablished,  appoints  under  provisional  authority  from   the  Provisional 
director  a  person  not  a  citizen  of  the  United  States,  he  shall  oFaiie°nTo  ter- 
discharge  such  person  and  appoint  a  citizen  from  the  list  minate,  etc. 
when  it  is  established.     Whenever  any  position  is  placed 
under  civil  service  by  virtue  of  a  statute  or  of  a  rule,  the 
incumbent  of  the  position,  if  not  a  citizen  of  the  United 
States,  shall  be  discharged  if  and  when  there  is  an  eligible 
list  for  filling  the  vacancy. 

Section  2.     Said   chapter   thirty-one  is   hereby   further  g.  l.  (Xer. 
amended  by  striking  out  section  forty-seven,  as  appearing  ameAded.^  ^^' 
in  the  Tercentenary  Edition,  and  inserting  in  place  thereof 
the  following  section :  —  Section  47 .     This  chapter  shall  be  AppUcation 
in  force  with  respect  to  the  official  and  the  labor  service  in  °^  chapter. 
all  cities  of  the  commonwealth  of  one  hundred  thousand  or 
more  inhabitants,  whether  or  not  such  cities  have  accepted 
this  chapter  or  corresponding  provisions  of  earlier  law.    This 
chapter  shall  be  in  force  in  all  cities  of  the  commonwealth  of 
less  than  one  hundred  thousand  inhabitants  with  respect  to 
the  official  service  and  shall  be  in  force  with  respect  to  the 
labor  service  in  cities  of  less  than  one  hundred  thousand  in- 
habitants which  have  accepted  the  corresponding  provisions 
of  earlier  laws  or  accept  the  pertinent  provisions  of  this  chap- 
ter by  vote  of  the  city  council. 

This  chapter  shall  be  in  force  witii  respect  to  the  official 
or  the  labor  service,  or  both,  in  everj^  town  of  more  than 
five  thousand  inhabitants  using  official  ballots  at  town  elec- 
tions which  accepts  the  provisions  of  this  chapter  relative 
thereto  by  vote  in  answer  to  a  question  placed  on  the  official 


860  Acts,  1945.  — Chap.  701. 

ballot  at  an  annual  town  election  as  hereinafter  provided, 
and  in  every  such  town  not  using  official  ballots  at  town 
elections  which  accepts  said  provisions  at  an  annual  town 
meeting;  and  all  applicable  provisions  of  this  chapter  shall 
be  in  force  in  every  town  of  more  than  twelve  thousand 
inhabitants  which  has  accepted  said  provisions  or  corre- 
sponding provisions  of  earlier  laws  by  vote  at  a  town  meeting. 
Upon  the  filing,  with  the  clerk  of  any  town  of  more  than 
five  thousand  inhabitants  using  official  ballots  at  town  elec- 
tions, of  a  petition  signed  either  b}^  not  less  than  one  thou- 
sand registered  voters  thereof  or  by  not  less  than  five  per 
cent  of  the  total  number  of  registered  voters  thereof,  re- 
questing that  the  question  of  accepting  the  pertinent  pro- 
visions of  this  chapter  with  respect  to  the  official  or  the  labor 
service,  or  both,  be  placed  upon  the  official  ballot,  the  clerk 
shall,  if  such  provisions  are  not  already  in  force  in  such  town, 
place  such  question  on  the  official  ballot  for  the  next  town 
election  occurring  more  than  thirtj^  days  after  the  filing  of 
such  petition.  The  provisions  of  section  forty-nine  A  rela- 
tive to  the  certification  of  names  on  petitions  under  said 
section  and  to  the  filing  and  hearing  of  objections  to  the 
validity  or  sufficienc}'-  of  such  petitions  or  of  the  signatures 
thereon  shall  appl}'^  in  the  case  of  petitions  under  this  sec- 
tion. 
EdV'37T'47A  Section  3.  Said  chapter  thirty-one  is  hereby  further 
etc!, 'amended. '  amended  by  striking  out  section  forty-seven  A,  inserted  by 
chapter  one  hundred  and  ninety-five  of  the  acts  of  nineteen 
hundred  and  forty-one,  and  inserting  in  place  thereof  the 
of''d!a*te?"  following  scction :  —  Section  47 A.  Where  any  office  or  po- 
t.o  persons  sitiou  is  placed  within  the  official  or  labor  service  by  the 
tiie''offiXa^''or  provisious  of  this  chapter  or  b}'-  any  other  statute,  or  by 
'*oTistoM'*'ltc  ^^^'^^'  *^^  ^y  acceptance  of  provisions  of  this  chapter  or  any 
other  statute  by  a  city  or  town,  the  appointing  authority 
shall  forthwith  submit  to  the  director  a  list  of  the  incum- 
bents of  all  such  offices  and  positions.  Said  list  shall  state 
the  type  and  kind  of  work,  the  length  of  service,  and  the 
compensation  of  each  person,  and  any  other  information 
which  the  director  may  require. 

The  director  shall  notify  each  person  on  said  list  of  his 
rating  and  seniority  date  and  shall  state  the  type  and  kind 
of  work  of  each  employee,  the  seniority  date  as  furnished 
by  the  appointing  authority  and  such  other  information  as 
the  director  may  deem  pertinent.  The  appointing  author- 
ity shall  cause  a  cop}''  of  such  list  to  be  posted  in  a  public 
place  in  said  city  or  town  for  a  period  of  thirty  days.  Within 
thirty  days  after  said  notification  and  said  posting  of  such 
list,  any  person  whose  rights  are  alleged  to  have  been  affected 
may  appeal  to  the  director  for  a  hearing.  The  director  or 
his  authorized  representative  shall  forthwith  hold  a  hearing 
and  shall  hear  all  parties  concerned.  After  said  hearing  the 
director  may  make  such  changes  as  he  may  deem  necessary 
in  the  rating  and  seniority  date. 


Acts,  1945. —  Chap.  701.  861 

The  status  of  the  incumbents  of  such  offices  or  positions 
shall,  except  as  otherwise  expressly  provided  in  this  chapter, 
be  determined  as  follows:  — 

1.  All  temporary  officers  or  employees  and  all  officers  or 
employees  who  have  been  employed  for  six  months  or  less 
immediatel}'  prior  to  the  placing  of  the  office  or  position  un- 
der civil  service  may  continue  as  temporary  officers  or  em- 
ployees for  a  period  of  not  more  than  one  year  but  shall  not 
otherwise  be  subject  to  the  provisions  of  this  chapter. 

2.  All  incumbents  of  positions  within  the  labor  service 
who  have  been  employed  for  more  than  six  months  and  less 
than  two  years  mimcdiately  prior  to  the  placing  of  the  posi- 
tion under  civil  service  shall  be  deemed  to  be  permanently 
appointed  under  civil  service  after  serving  a  probationary 
period. 

3.  All  incumbents  of  positions  within  the  labor  service 
who  have  been  employed  for  two  years  or  more  immediately 
prior  to  the  placing  of  the  position  under  civil  service  shall 
be  deemed  to  be  permanently  appointed  under  civil  service 
without  serving  any  probationary  period. 

4.  All  incumbents  of  offices  or  positions  within  the  official 
service  who  have  been  employed  for  more  than  six  months 
but  less  than  two  years  immediately  prior  to  the  placing  of 
the  office  or  position  under  civil  service  shall  be  subject  to 
a  qualifying  examination  prescribed  by  the  director,  and,  if 
they  pass,  shall  be  certified  for  permanent  appointment  sub- 
ject to  serving  a  probationary  period. 

5.  All  incumbents  of  offices  or  positions  within  the  official 
service  who  have  been  employed  for  two  years  or  more  im- 
mediately prior  to  placing  the  office  or  position  under  civil 
service  shall  be  subject  to  a  qualifying  examination  pre- 
scribed by  the  director,  and,  if  the}^  pass,  shall  be  certified 
for  permanent  appointment  without  serving  any  probation- 
ary period. 

All  incumbents  of  offices  or  positions  within  the  official 
service  who  fail  to  pass  the  qualifying  examination  may  be 
continued  by  the  appointing  authority  hi  the  office  or  posi- 
tion for  the  remainder  of  the  term,  if  any,  for  which  they 
were  appointed,  but  shall  not  otherwise  be  subject  to  the 
provisions  of  this  chapter. 

Section  4.     Said   chapter   t':irty-one  is   hereby  further  g.  l.  crer. 
amended  by  strildng  out  section  four,  as  amended,  and  in-  ^tt!'amendtci. 
serting  in  place  thereof  the  following  section: — Section  4-  Positions  to  be 
The  following,  among  others,  shall  be  included  within  the  '""'"''•''' 
classified  civil  service  b}'^  rules  of  the  commission :  — 

All  persons  having  charge  of  steam  boilers,  heating,  light- 
ing or  power  plants  maintained  by  the  commonwealth; 

All  sealers  and  deputy  sealers  of  weights  and  measures  in 
towns  of  over  ten  thousand  inhabitants  and  in  cities,  whether 
such  officers  are  heads  of  principal  departments  or  not,  and 
also  the  inspectors  of  standards  in  the  service  of  the  com- 
monwealth ; 


862  Acts,  1945.  —  Chap.  701. 

Inspectors  of  plumbing; 

Instructors  in  the  state  prison,  the  Massachusetts  reform- 
atory and  the  state  prison  colony,  and  all  other  employees 
in  said  institutions  having  prisoners  under  their  charge; 

Janitors  of  school  buildings  in  cities ; 

Supervisors  of  attendance  in  cities; 

Matrons  of  police  departments  in  cities  having  more  than 
thirty  thousand  inhabitants; 

All  permanent  employees  of  the  state  farm,  except  those 
specifically  exempted  by  law  and  qualified  physicians  and 
registered  nurses; 

The  labor  service  of  the  state  department  of  public  works ; 

Employees  of  the  treasury  unit,  so  called,  of  the  division 
of  employment  security  in  the  department  of  labor  and  in- 
dustries ; 

Social  workers  and  clerical  employees  in  towns,  whose 
salary  and  expenses  are  paid  in  whole  or  in  part  by  United 
States  grant  through  the  child  welfare  services  program,  so 
called,  under  the  department  of  public  welfare; 

The  labor  service  of  the  state  department  of  public  utilities. 
G-L.  (Ter.  SECTION  4 A.     Scction  five  of  said  chapter  thirty-one,  as 

etc.!  amended,    most  recently  amended  by  chapter  three  hundred  and  fifty- 
five  of  the  acts  of  nineteen  hundred  and  forty-five,  is  hereby 
further  amended  by  inserting  after  the  word   "chapter", 
the  third  time  it  occurs,  the  following: —  ;    the  supervisor 
of  bureaus  in  the  department  of  public  safety. 
EdV3?'§'47B       Section  5.     Said  chapter  thirty-one  is  hereby  further 
etc., 'amended. '  amended  by  striking  out  section  forty-seven  B,  as  appear- 
ing in  chapter  two  hundred  and  ninety  of  the  acts  of  nine- 
teen hundred  and  forty-one,  and  inserting  in  place  thereof 
Application       the  followlug  scctiou:  —  Section  47 B.     The   provisions  of 
certam  town      this  chaptcr  and  the  rules  made  thereunder  shall  apply  to 
employees.        jauitors  of  scliool  buildiugs  or  supervisors  of  attendance,  as 
the  case  may  be,  in  every  town  of  more  than  five  thousand 
inhabitants  using  official  ballots  at  town  elections  which  ac- 
cepts this  section  with  reference  to  such  janitors  or  to  such 
supervisors  by  vote  in  answer  to  a  question  placed  on  the 
official  ballot  at  an  annual  town  election  as  hereinafter  pro- 
vided, and  in  every  such  town  not  using  official  ballots  at 
town  elections  which  accepts  this  section  with  reference  to 
such  janitors  or  to  such  supervisors  at  an  annual  town  meet- 
ing, and  shall  apply  to  such  janitors  or  supervisors  of  attend- 
ance in  every  town  of  more  than  twelve  tliousand  inhabitants 
which  has  accepted  earlier  provisions  of  law  pro\dding  for 
their  inclusion  within  the  civil  service. 

The  provisions  of  this  chapter  and  the  rules  made  there- 
under shall  apply  to  sealers  or  deputy  sealers  of  weights  and 
measures,  whether  such  officers  are  heads  of  principal  de- 
partments or  not,  in  every  town  of  more  than  five  thousand 
and  not  more  than  ten  thousand  inhabitants  using  official 
ballots  at  town  elections  which  accepts  this  section  with 
reference  to  such  officers  by  vote  in  answer  to  a  question 


Acts,  1945.  —  Chap.  701.  863 

placed  on  the  ballot  at  an  annual  town  election  as  herein- 
after provided,  and  in  ever}'-  such  town  not  using  official  bal- 
lots at  town  elections  which  accepts  this  sectioo  with  refer- 
ence to  such  officers  at  an  annual  town  meeting. 

Upon  the  filing,  with  the  clerk  of  any  such  town  of  more 
than  five  thousand  inhabitants  using  official  ballots  at  town 
elections,  of  a  petition  signed  either  by  not  less  than  one 
thousand  registered  voters  thereof  or  by  not  less  than  five 
per  cent  of  the  total  number  of  registered  voters  thereof, 
requesting  that  the  question  of  accepting  the  provisions  of 
this  section  relative  to  janitors  of  school  buildings,  super- 
visors of  attendance,  or  sealers  or  deputy  sealers  of  weights 
and  measures,  as  the  case  may  be,  be  placed  on  the  official 
ballot,  the  clerk  shall,  if  such  provisions  are  not  already  in 
force  in  such  town,  place  such  question  on  the  official  ballot 
for  the  next  town  election  occurring  more  than  thirty  days 
after  the  filing  of  such  petition.  The  provisions  of  section 
forty-nine  A  relative  to  the  certification  of  names  on  peti- 
tions under  said  section  and  to  the  filing  and  hearing  of  ob- 
jections to  the  validity  or  sufficiency  of  such  petitions  or  of 
the  signatures  thereon  shall  apply  in  the  case  of  petitions 
under  this  section. 

Acceptance  of  this  section  or  corresponding  provisions  of 
earlier  laws  with  reference  to  any  of  the  aforesaid  officers 
shall  not  prevent  subsequent  acceptance  of  this  section  with 
reference  to  any  or  all  of  such  officers  as  to  whom  there  has 
been  no  acceptance  of  said  section  or  provisions. 

Section  6.     Said   chapter  thirty-one  is  hereby  further  g.  l.  (Ter. 
amended  by  striking  out  section  forty-eight,  as  appearing  amended.^  ^^' 
in  the  Tercentenary  Edition,  and  inserting  in  place  thereof 
the  following  section :  —  Section  48.    Regular  or  permanent  Application  to 
members  of  police  and  fire  forces  of  cities,  and  regular  or  gremen'in 
permanent  members  of  police  and  fire  forces  and  call  fire  certain  cities 

P  ft,  •  1 1  e  i  •  1     e  and  towns. 

forces  of  such  towns  as,  with  reference  to  said  forces,  re- 
spectively, accept  the  provisions  of  this  section  as  herein- 
after provided  or  have  accepted  corresponding  provisions  of 
earlier  laws,  and  chiefs  of  police  or  officers  performing  simi- 
lar duties,  however  entitled,  and  chiefs  of  fire  departments 
or  officers  performing  similar  duties,  however  entitled,  of 
such  cities  or  towns,  as,  with  reference  to  such  officers,  re- 
spectively, accept  the  provisions  of  this  section  as  herein- 
after provided  or  have  accepted  corresponding  provisions  of 
earlier  laws,  shall  be  subject  to  the  provisions  of  this  chap- 
ter and  the  rules  established  thereunder;  except  that  no  rule 
regulating  the  height  and  weight  of  persons  eligible  to  be- 
come members  of  the  fire  department  shall  be  made  or  en- 
forced except  by  the  city  council  or  selectmen;  and  except 
further  that  no  rule  shall  prescribe  a  maximum  age  limit  for 
applicants  in  police  or  fire  departments  lower  than  thirty- 
five  years  or  a  minimum  age  Hmit  therefor  higher  than 
twenty- two  years. 

In  cities,  acceptance  of  the  provisions  of  this  section  rela- 
tive to  any  such  officer  shall  be  by  vote  in  answer  to  a  ques- 


864  Acts,  1945.  —  Chap.  701. 

tion  placed  on  the  official  ballot  at  a  regular  city  election  as 
hereinafter  provided.  Upon  the  filing,  with  the  clerk  of  any 
city,  of  a  petition  signed  either  by  not  less  than  five  thousand 
registered  voters  thereof  or  by  not  less  than  five  per  cent  of 
the  total  number  of  registered  voters  thereof,  requesting  that 
the  question  of  accepting  the  pertinent  provisions  of  this 
chapter  with  reference  to  such  officer  be  placed  upon  the 
official  ballot,  the  clerk  shall,  if  such  provisions  are  not 
already  in  force  in  such  city,  place  such  question  on  the 
official  ballot  for  the  next  regular  city  election  occurring 
more  than  sixty  days  after  the  filing  of  such  petition. 

In  towns  using  official  ballots  at  town  elections,  accept- 
ance of  the  provisions  of  this  section  relative  to  any  such 
officer  or  force  shall  be  by  vote  in  answer  to  a  question 
placed  on  the  official  ballot  at  an  annual  town  election  as 
hereinafter  provided,  and  in  towns  not  using  official  ballots 
at  town  elections  such  acceptance  shall  be  by  vote  at  an 
annual  town  meeting.  Upon  the  filing,  with  the  clerk  of  any 
town  using  official  ballots  at  town  elections,  of  a  petition 
signed  either  bj^  not  less  than  one  thousand  registered  voters 
thereof  or  bj^  not  less  than  five  per  cent  of  the  total  number 
of  registered  voters  thereof,  requesting  that  the  question  of 
accepting  the  pertinent  provisions  of  this  chapter  with  refer- 
ence to  any  such  officer  or  force  be  placed  upon  the  official 
ballot,  the  clerk  shall,  if  such  provisions  are  not  already  in 
force  in  such  town,  place  such  question  on  the  official  ballot 
for  the  next  town  election  occurring  more  than  thirty  days 
after  the  fihng  of  such  petition.  The  provisions  of  section 
forty-nine  A  relative  to  the  certification  of  names  on  peti- 
tions under  said  section  and  to  the  filing  and  hearing  of  ob- 
jections to  the  validity  or  sufficiency  of  such  petitions  or  of 
the  signatures  thereon  shall  apply  in  the  case  of  petitions 
under  this  section. 

Acceptance  of  this  section  or  corresponding  provisions  of 
earlier  laws  with  reference  to  any  of  the  aforesaid  officers  or 
forces  shall  not  prevent  subsequent  acceptance  of  this  sec- 
tion with  reference  to  any  or  all  of  such  officers  or  forces  as 
to  which  there  has  been  no  acceptance  of  said  section  or 
provisions. 

Section  forty-seven  A  shall  not  apply  to  incumbents  of  the 
office  of  chief  of  poHce,  or  officer  performing  similar  duties, 
however  entitled,  or  of  the  office  of  chief  of  the  fire  depart- 
ment, or  officer  performing  similar  duties,  however  entitled, 
at  the  time  of  the  acceptance  of  this  section  with  respect  to 
such  officers,  respectively.  Such  incumbents  who  shall  have 
served  therein  continuously  for  not  less  than  five  years  in 
the  case  of  a  city  office,  or  for  not  less  than  three  years  in 
the  case  of  a  town  office,  immediately  prior  to  the  filing  of 
the  petition  relative  thereto,  shall  be  subject  to  the  provi- 
sions of  this  chapter  and  the  rules  made  thereunder,  not- 
withstanding any  provisions  of  law  exempting  such  office 
or  the  incumbent  thereof  from  any  provisions  of  this  chap- 
ter.    All  such  incumbents  shall  be  subject  to  a  qualifying 


Acts,  1945.  —  Chap.  701.  865 

examination  prescribed  by  the  director,  and,  if  they  pass, 
shall  be  certified  for  permanent  appointment  without  serv- 
ing any  probationary  period.  All  such  incumbents  who  fail 
to  pass  the  qualifying  examinations  may  be  continued  by 
the  appointing  authority  in  the  office  or  position  for  the 
remainder  of  the  term,  if  any,  for  which  they  were  ap- 
pointed, but  shall  not  otherwise  be  subject  to  the  provisions 
of  this  chapter. 

The  status  of  all  incumbents  of  positions  in  regular  or 
permanent  police  or  fire  forces  in  towns  or  call  fire  forces  in 
towns,  at  the  time  of  acceptance  of  this  section  with  refer- 
ence to  such  forces,  shall  be  determined  as  provided  in  sec- 
tion forty-seven  A,  in  so  far  as  it  applies  to  the  official 
service. 

Section  7.    Section  forty-nine  of  said  chapter  thirt3^-one,  g.  i..  (Ter. 
as  so  appearing,  is  hereby  repealed.  feplkill].  ^  ^'*' 

Section  8.     Said   chapter   tliirty-one   is   hereby   further  o.  l.  (Ter. 
amended  by  striking  out  section  forty-nine  A,  as  amended  ftil'am'eilfelK' 
by  chapter  four  hundred  and  fourteen  of  the  acts  of  nine- 
teen hundred  and  forty-one,  and  inserting  in  place  thereof 
the  following  section:  —  Section  Jf9A.    If  there  is  filed  with  Acceptance  ..f 
the  clerk  of  a  city,  or  a  town  using  official  ballots  at  town  for  certain*^ 
elections,  a  petition  conforming  to  this  section,  requesting  "mpioy'^e's. 
that  an  office  or  offices  in  such  city  or  town  subject  to  this 
section  and  specified  in  the  petition  be  placed  within  the 
classified  civil  service,  the  question   or  questions  whether 
such  office  or  offices  shall  be  placed  within  said  service  shall 
be  submitted  to  the  registered  voters  of  such  city  or  town  at 
the  next  regular  municipal  election  occurring  after  the  ex- 
piration of  sixty  days  following  the  filing  of  such  petition. 

No  petition  under  this  section  shall  be  received  for  filing 
unless  it  is  signed  either  by  not  less  than  five  thousand  reg- 
istered voters  of  the  cit}^  or  town  or  by  not  less  than  five 
per  cent  of  the  total  number  of  registered  voters  of  such 
city  or  town  and  the  names  of  the  voters  so  signing  are  certi- 
fied as  hereinafter  provided,  nor  unless  it  bears  the  approval 
in  writing  of  the  incumbent  or  incumbents,  at  the  time  of 
filing  the  petition,  of  the  office  or  offices  specified  therein. 

Signatures  to  petitions  under  this  section  need  not  all  be 
on  one  paper.  All  such  papers  pertaining  to  any  one  posi- 
tion shall  be  fastened  together  and  shall  be  filed  in  the  office 
of  the  city  or  town  clerk  as  one  instrument,  with  the  en- 
dorsement thereon  of  the  names  of  three  persons  designated 
as  filing  the  same.  Each  person  signing  such  petition  shall 
state  thereon  his  name  and  his  place  of  residence  on  Janu- 
ary first  preceding,  giving  the  street  and  number,  if  any,  or, 
if  he  became  an  inhabitant  of  such  city  or  town  after  said 
Januarj'  first,  the  place  where  he  first  resided  thereafter. 
Such  a  petition  for  the  placing  of  any  such  question  on  the 
official  ballot  at  a  regular  nmnicipal  election  shall  be  sub- 
mitted to  the  registrars  of  voters  of  such  city  or  town,  for 
the  purpose  of  certifying  on  sucli  petition  the  names  of  per- 
sons signing  the  same  who  are  registered  voters,  not  later 


866  Acts,  1945.  —  Chap.  701. 

than  five  o'clock  in  the  afternoon  of  the  seventh  day  pre- 
ceding the  last  day  prior  to  said  election  when  such  peti- 
tion may  be  filed  under  this  section.  The  registrars  of  voters 
shall,  within  five  days  after  such  submission,  ascertain  by 
what  number  of  registered  voters  such  petition  has  been 
signed,  and  shall  make  and  certify  a  statement  of  their  de- 
termination in  detail,  setting  forth  such  number  and  whether 
or  not  the  same  has  been  signed  by  the  number  of  registered 
voters  herein  required,  and  shall  attach  such  statement  to 
said  petition. 

Written  objections  to  the  validity  or  sufficiency  of  any 
such  petition  for  the  placing  of  any  such  question  on  the 
official  ballot  at  a  regular  municipal  election  or  of  the  signa- 
tures on  such  petition  may  be  filed  with  the  city  or  town 
clerk  not  later  than  forty-eight  hours  after  the  last  day 
prior  to  said  election  when  such  petition  may  be  filed  under 
this  section,  and  such  objections  shall  be  considered  by  the 
appropriate  board  referred  to  in  section  twelve  of  chapter 
fifty-three.  In  the  consideration  of  objections  under  this 
section  such  board  shall  have  and  exercise  all  the  powers 
given  to  it  by  any  provision  of  law  relative  to  objections  to 
nominations.  The  notice  provided  by  said  section  twelve 
shall  be  sent  to  the  persons  filing  the  petition  and  to  each 
officer  affected  thereby.  Said  board  shall  make  its  decision 
within  four  days  after  the  expiration  of  the  time  for  filing 
such  objections,  and  forthwith  give  notice  thereof  to  the 
city  or  town  clerk. 

If  such  petition,  bearing  the  endorsement  of  signatures  of 
registered  voters  to  the  number  herein  required,  as  shown 
by  the  statement  of  the  registrars  of  voters,  is  filed  with  the 
city  or  town  clerk  seasonably  for  submission  to  the  voters 
at  a  regular  municipal  election,  and  the  said  clerk  finds  the 
same  to  be  in  order,  he  shall  cause  the  question  or  questions 
contained  therein  to  be  printed  on  the  official  ballot  for 
such  election. 

A  question  or  questions  under  this  section  shall  be  printed 
on  the  official  ballot  to  be  used  at  a  regular  municipal  elec- 
tion, in  substantially  the  following  form :  — 

Question  1.  (Part  1)  Shall  the  city  (or  town)  vote  that  the 
office  of  (title  of  office)  be  placed  within  the  classified  civil  service? 
Yes No 

(Part  2)  If  it  is  voted  to  place  the  office  of  (title  of  office)  within  the 
classified  civil  service,  shall  the  city  (or  town)  vote  to  provide  for  the 
continuance  in  said  office  of  (name  of  incumbent),  the  present  incum- 
bent thereof,  after  passing  a  quaUfying  examination?    Yes 

No 

There  shall  be  a  separately  numbered  question  for  each 
office  sought  to  be  placed  within  the  classified  civil  service 
under  this  section.  If  more  than  one  such  question  is  to  be 
submitted  to  the  voters  of  a  city  or  town  at  any  election, 
such  questions  shall  be  printed  on  the  official  ballot  in 
alphabetical  order  according  to  the  surnames  of  the  in- 


Acts,  1945.  —  Chap.  701.  867 

cumbents  of  the  several  offices  to  which  such  questions  re- 
late. 

The  office  specified  in  Part  1  of  each  question  submitted 
under  this  section,  in  answer  to  which  a  majority  of  the 
voters  voting  thereon  vote  in  the  affirmative,  shall  be  placed 
within  the  classified  civil  service,  and  the  tenure  of  office  of 
any  incumbent  thereof  shall  be  unlimited  subject,  however, 
to  the  provisions  of  this  chapter,  provided,  that  if  Part  2  ♦ 

of  the  question  in  which  such  office  is  specified  is  so  answered 
in  the  affirmative  the  incumbent  thereof  at  the  time  of  filing 
such  petition  shall,  if  still  the  incumbent  thereof,  be  sub- 
jected by  the  division  to  a  qualifying  examination  for  such 
office,  and  if  he  passes  said  examination,  he  shall  be  certified 
for  said  office  and  shall  be  deemed  to  be  permanently  ap- 
pointed thereto  without  being  required  to  serve  any  proba- 
tionary period.  If  such  incumbent  does  not  pass  such 
qualifying  examination,  or  if  a  majority  of  the  voters  voting 
on  said  Part  2  of  the  question  does  not  vote  thereon  in  the 
affirmative,  such  incumbent  may  continue  to  serve  in  said 
office  for  the  remainder  of  the  term,  if  any,  for  which  he 
was  appointed,  but  shall  not  be  subject  to  this  chapter. 
The  status  of  such  incumbents  shall  not  be  subject  to  section 
forty-seven  A. 

This  section  shall  apply  to  any  municipal  office  the  in- 
cumbent of  which  shall  have  served  therein  continuously  for 
not  less  than  ten  years  in  the  case  of  a  city  office  or  for  not 
less  than  five  years  in  the  case  of  a  town  office,  immediately 
prior  to  the  filing  of  the  petition  relative  thereto,  notwith- 
standing any  provision  of  law  exempting  such  office  or  the 
incumbent  thereof  from  any  provision  of  this  chapter;  but 
this  section  shall  not  apply  to  any  office  filled  by  popular 
vote  or  to  the  office  of  city  solicitor,  assistant  city  solicitor, 
secretary  to  the  mayor,  clerk  to  the  board  of  selectmen, 
town  counsel,  assistant  town  counsel,  legislative  counsel, 
registrar  of  voters  or  public  school  teachers. 

The  words  "registrars  of  voters"  as  used  in  this  section 
shall  include  election  commissioners  or  other  officers  per- 
forming similar  duties. 

The  provisions  of  section  sixteen  of  chapter  fifty-three 
relative  to  the  preservation  of  nomination  papers  shall 
apply  to  petitions  filed  with  a  city  or  town  clerk  under  this 
section. 

Nothing  in  this  section  shall  prevent  a  town  from  acting 
under  sections  forty-seven,  forty-seven  B  and  forty-eight, 
or  any  of  them. 

Section  9.  Nothing  in  this  act  shall  affect  any  provision  certain  pro- 
of chapter  seven  hundred  and  eight  of  the  acts  of  nineteen  ^otTflected^ 
hundred  and  forty-one,  as  amended  by  chapter  five  hundred 
and  forty-eight  of  the  acts  of  nineteen  hundred  and  forty- 
three,  or  any  provision  of  chapter  thirteen  of  the  acts  of 
nineteen  hundred  and  forty-two,  or  any  action  taken  under 
any  such  provision. 


868  Acts,  1945.  —  Chap.  702. 

it°wd.°"'  Sp:ction  10.     Nothing  in  this  act  shall  be  construod  to 

remove  from  the  classified  civil  service  any  office  or  position 
subject  thereto  immediately  prior  to  the  taking  effect  of 
this  act.  Approved  July  2/f,  1946. 

Chap.702  An  Act  relative  to  the  civil  service  rules. 

^  Be  it  enacted,  etc.,  as  follorvs: 

(i.  L.  (Tf-r.  Chapter  thirty-one  of  the  General  Laws  is  hereby  amended 

4c!,'ameMdti.  by  Striking  out  section  three,  as  amended,  and  inserting  in 
uuUs  place  thereof  the  following  section: — Sections.    1.  Subject 

io  the  approval  of  the  governor  and  council,  the  commission 
from  time  to  time  shall  make  rnd  may  amend  rules  which 
shall  regulate  the  selection  and  employment  of  persons  to 
fill  positions  in  the  official  service  and  labor  service  of  the 
commonwealth  and  of  the  cities  and  towns  thereof,  which 
positions  are  subject  to  any  provision  of  this  chapter.  Be- 
fore such  approval  the  governor  and  council  shall  hold  a 
fiublic  hearing. 

Such  rules  shall  be  of  general  or  limited  application  and 
consistent  with  law  and  shall  include  provisions  for  the  fol- 
lowing: 

(a)  Establishment  of  civil  service  classes  and  grades. 

(h)  Placing  in  the  official  service  or  labor  service  every 
office  and  position  included  within  the  civil  service. 

(c)  Open  competitive  and  other  examinations  to  test  the 
practical  fitness  of  applicants. 

(d)  Registration  of  applicants  for  the  labor  service. 

(e)  Selection  of  persons  for  positions  and  employments  in 
accordance  with  the  results  of  examinations,  or  in  the  order 
of  application,  or  otherwise. 

(/)  Promotions,  on  the  basis  of  merit  ascertained  by  ex- 
.'unination,  and  seniority  of  service. 

(q)  Preference  to  veterans  in  appointment  and  promotions. 

(//)  Subject  to  prior  preference  to  disabled  veterans,  pref- 
erence to  blind  persons  in  the  employment  by  any  state 
de})artment,  board  or  commission,  in  the  office  or  offices  of 
which  dictating  machines  are  used,  of  typists  to  take  dicta- 
tion solely  from  such  machines. 

(i)  Transfers  within  departments,  interdepartmental  trans- 
fers, and  transfers  from  one  class  to  another,  where  such 
elasses  are  similar  in  character. 

2.  Except  as  otherwise  provided  in  this  paragraph,  no  rule 
and  no  change  in  any  rule  shall  be  submitted  for  approval 
by  the  governor  and  council  hereunder  until  after  a  public 
hearing  relative  thereto  has  been  held  by  the  commission. 
Not  earlier  than  sixty  nor  later  than  fifteen  days  before  such 
hearing  the  commission  shall  send  notice  thereof  to  each 
member  of  the  general  court,  to  the  mayor  of  each  city  and 
the  selectmen  of  each  town  to  which  such  rule  or  change 
relates,  and  shall  also  publish  the  same  in  one  or  more  news- 
papers;   and  notice  of  the  hearing  shall  also  be  sent  within 


Acts,  1945.  —  Chap.  703.  869 

the  same  period  to  the  clerks  of  the  several  cities  and  towns, 
who  shall  cause  the  same  to  be  posted  in  the  city  and  town 
halls  and  other  conspicuous  places.  There  shall  be  posted 
not  less  than  three  of  such  notices  in  every  town  and  not 
less  than  twenty-hve  in  every  city,  including  one  in  each 
ward.  This  notice  shall  contain  information  as  to  where 
copies  of  the  proposed  rules  may  be  obtained.  After  the 
hearing  provided  for  by  this  paragraph  the  commission  may 
change,  alter  or  amend  any  rule  before  submission  to  the 
governor  and  council,  and  such  changes,  if  any,  shall  be 
posted  as  aforesaid.  Approved  July  S4,  1945. 


An  Act  making  sundry  chan(;ks  in  the  civil  service  Chnp.703 

LAWS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  thirty-one  of  the  General  Laws  is  o.  l.  (Ter. 
hereby  amended  by  striking  out  section  one,  as  amended,  ^tc.'i'am^ndld. 
and  inserting  in  place  thereof  the  following  section:  —  Sec-  Definitions. 
tion  1.    In  this  chaptei-,  unless  otherwise  expressly  provided 
or  the  context  otherwise  re(]uii-es,  the  foUowhig  words  and 
phrases  shall  have  the  following  meanings:  — 

"Appointing  authority"  or  "appointing  officer",  shall  in- 
clude any  person,  board  or  ccnimission  having  the  power  of 
appointment  or  employment. 

"Appointment",  in  respect  to  the  several  types  of  ap- 
pointments, as  follows :  — 

"Emergency  appointment",  an  appointment  made  for  a 
specified  tune  without  requisition  to  cover  an  unforeseen 
emergency. 

"Intermittent  appohitment",  an  appointment  from  an 
eligible  list  to  recurrent  employment  which  may  be  regular 
or  irregular  as  the  needs  of  the  service  require. 

"Permanent  appointment",  an  appointment  to  a  perma- 
nent position  made  in  accordance  with  this  chapter  and  the 
rules  made  thereunder,  and  subject  to  a  probationary  period 
of  six  months  except  where  otherwise  provided. 

"Provisional  appointment",  an  appointment  authorized 
on  a  requisition  when  there  is  no  suitable  eligible  list. 

"Temporary  appohitment",  an  appointment  made  for  a 
specified  time,  after  certification  from  an  eligible  list. 

"Civil  service",  classified  civil  service  provided  for  by 
this  chapter  and  the  rules  made  thereunder. 

"Class",  a  group  of  positions  suflnciently  shnilar  hi  respect 
to  the  duties  and  responsibilities  thereof  that  the  same  or 
similar  requirements  are  demanded  of  incumbents. 

"Commission",  the  civil  service  commission. 

"Commissioner",  a  commissioner  of  the  civil  service  com- 
mission. 

"Competitive  exammation",  an  examination  where  the 
applicants  are  in  competition. 


870 


Acts,  1945.  —  Chap.  703. 


G.  L.  (Ter. 
Ed.),  31,  new 
5  20D,  added. 


Probationary 
period. 


"Competitive  promotional  examination",  a  competitive 
examination  for  promotion  to  be  conducted  as  provided  in 
sections  fifteen  and  twenty. 

"Director",  tiie  director  of  civil  service. 

"Discharge",  the  permanent  involuntary  separation  from 
the  service  of  an  officer  or  employee  because  of  incompe- 
tency, misconduct,  act,  neglect  or  refusal  to  act. 

"Division",  the  division  of  civil  service  of  the  department 
of  civil  service  and  registration. 

"Eligible  list",  a  list  established  by  the  director  in  ac- 
cordance with  this  chapter  and  the  rules  made  thereunder, 
from  which  certifications  are  made  to  appointing  authori- 
ties upon  requisition. 

"Grade",  a  subdivision  of  a  class,  including  all  positions 
with  substantially  identical  authority,  duties  and  responsi- 
bility, as  distinct  from  all  other  grades  in  that  class. 

"Labor  service",  shall  include  positions  placed  in  such 
service  under  the  rules  of  the  commission. 

"Layoff",  temporary  discontinuance  of  employment  for 
lack  of  work  or  lack  of  money. 

"Non-competitive  examination",  an  examination  given 
to  an  individual  selected  for  original  appointment  by  an 
appointing  authority  when  it  has  been  impossible  to  estab- 
lish an  eligible  list. 

"Official  service",  shall  include  positions  placed  in  such 
servicQ  under  the  rules  of  the  commission. 

"Promotion",  a  change  from  the  duties  of  one  grade  to 
the  duties  of  a  higher  grade  in  the  same  or  a  different  class 
as  determined  by  the  director. 

"Qualifymg  examination",  an  exammation  given  to  test 
tlie  qualifications  of  an  incumbent  whose  position  is  placed 
imder  civil  service  by  law  or  rule,  or  an  examination  given  to 
an  individual  to  qualify  for  promotion,  as  provided  in  sec- 
tion fifteen. 

"Registered  physician",  a  qualified  physician  registered 
in  the  commonwealth  under  section  two  of  chapter  one  hun- 
dred and  twelve  or  corresponding  provisions  of  earlier  laws. 

"Reinstatement",  the  restoration  to  employment  of  a 
former  officer  or  employee  separated  from  the  service. 

"Resignation",  a  permanent  voluntary  separation  from 
the  service. 

"Roster",  a  list  of  civil  service  employees  in  a  depart- 
ment, arranged  according  to  seniority. 

"Town",  shall  not  include  a  city. 

Section  2.  Said  chapter  thirty-one  is  hereby  further 
amended  by  inserting  after  section  twenty  C,  inserted  by 
chapter  six  hundred  and  twenty-one  of  the  acts  of  nineteen 
hundred  and  forty-one,  the  following  section :  —  Section 
20D.  Except  as  otherwise  expressly  provided  in  this  chap- 
ter or  in  section  thirty-six  of  chapter  forty-eight,  no  person 
appointed  in  the  official  or  labor  service  shall  be  regarded 
as  holding  office  or  employment  therein  until  after  he  has 
actually  performed  the  duties  of  the  office  or  position  for  a 


Acts,  1945.  —  Chap.  703.  871 

probationary  period  of  six  months.  There  shall  be  no  in- 
crease in  pay  or  change  in  the  duties  of  any  such  office  or 
position  during  such  a  period  without  the  approval  of  the 
director.  If  any  such  increase  in  pay  or  change  in  duties  is 
made  during  such  a  period  without  such  approval,  the 
director  may  cancel  and  declare  void  the  certification  under 
which  the  appointment  was  made,  and  thereupon  the  em- 
ployment of  the  person  so  appointed  shall  cease. 

If  the  conduct  or  capacity  of  a  person  serving  a  proba- 
tionary period  under  an  appointment  in  the  official  service 
or  labor  service,  or  the  character  or  quality  of  the  work  per- 
formed b}'  him,  is  not  satisfactorj^  to  the  appointing  au- 
thority, he  may,  at  any  time  after  such  person  has  served 
thirty  dajs  and  prior  to  the  end  of  such  probationary  period, 
give  such  person  a  written  notice  to  that  effect,  stating  in 
detail  the  particulars  wherein  his  conduct  or  capacity  or  the 
character  or  quality  of  his  work  is  not  satisfactory,  where- 
upon his  service  shall  terminate.  The  appointing  authority 
shall  at  the  same  time  send  a  copy  of  such  notice  to  the 
director.  In  default  of  such  a  notice,  the  appointment  of 
such  person  shall  become  permanent  upon  the  termination 
of  such  period. 

Section  3.     Said   chapter   thirty-one   is   hereby   further  g.  l.  (Ter. 
amended  by  striking  out  section  eight,  as  most  recently  etc:!'amended. 
amended  by  chapter  three  hundred  and  ninety-six  of  the 
acts  of  nineteen  hundred  and  thirty-nine,  and  inserting  in 
place  thereof  the  following  section:  —  Section  8.     The  di-  Notices  of 
rector  shall  prepare  notices  of  all  open  competitive  exami-  e^^'InlnaUons 
nations  and  send  them  to  the  clerks  of  the  several  cities 
and  towns  affected  thereby,  who  shall  cause  the  same  to  be 
posted  in  the  city  and  town  halls  and  in  other  conspicuous 
places  at  least  three  weeks  prior  to  the  final  date  for  filing 
applications  therefor.     There  shall  be  posted  not  less  than 
five  of  such  notices  in  every  such  town,  except  in  towns  of 
less  than  twenty-five  hundred  population,  where  two  such 
notices  shall  be  posted,  and  not  less  than  twenty-five  in 
every  such  city,  including  one  in  each  ward.     The  director 
shall  cause  copies  of  such  notices  to  be  posted  at  similar 
times  in  a  conspicuous  place  at  the  office  of  the  division. 

The  director  shall  also  prepare  notices  of  all  competitive 
promotional  examinations,  and  shall  cause  copies  of  such 
notices  to  be  posted  in  conspicuous  places  in  the  depart- 
ment and  division  of  a  department  for  which  the  examina- 
tion is  to  be  held. 

Notices  of  all  such  examinations  shall  state  the  duties 
and  compensation  of  positions,  the  class  or  title,  qualifica- 
tions required  therefor,  time,  place  and  manner  of  making 
application  for  admission  to  the  examination,  passing  re- 
cjuirements,  entrance  requirements,  if  any,  and  any  other 
information  which  the  director  considers  pertinent  and 
useful. 

Section  4.     Section  ten  of  said  chapter  thirty-one,  as  g.  l.  (Ter. 
most  recently   amended   by  section   two   of   chapter  four  ^tc'.l'amendld'. 


872  Acts,  1945. —  Chap.  703. 

hundred  and  ninety-eight  of  the  acts  of  nineteen  hundred 
and  thirty-nine,  is  hereby  further  amended  by  striking  out 
the  last  sentence  and  inserting  in  place  thereof  the  follow- 
Stopeot  pxHtu-  ing:  —  The  director  shaU  determine  the  scope  and  weight 
of  examinations.  Oral  interviews,  whenever  held,  shall  not 
have  a.n,y  weight  in  the  examination.  Practical  tests  shall 
not  be  deemed  to  be  oral  interviews.  Any  such  examina- 
tion may  include  a  practical  test,  or  written  examination, 
or  both.  If  a  blind  person  is  an  applicant  for  an  examina- 
tion for  any  position,  the  duties  of  which  such  applicant  may 
properly  perform,  the  director  shall,  in  preparing  such  ex- 
amination, make  such  provision  as  will  enable  such  blind 
person  to  take  the  examination,  and,  upon  passing  the 
examination,  such  blind  person  may  be  appointed  to  the 
position  notwithstanding  his  inability  to  meet  required 
physical  standards  so  far  as  they  relate  to  the  eyes. 
G.  L.  (Ter.  Section  5.     Said   chapter   thirty-one   is   hereby   further 

,'tr!. "amended,    amended  by  striking  out  section  thirteen,  as  amended  by 
section  two  of  chapter  one  hundred  and  seventy-four  of  the  acts 
of  nineteen  hundred  and  thirty-eight,  and  inserting  in  place 
Statements        thereof  the  following  section:  —  Section  13.    .Every  applica- 
ap*l)UcLt3  for     tion  shall  state  under  penalti'  s  of  perjury  the  full  name, 
examination,      resideucc  and  post  office  adc'.ess,  citizenship,  age,  place  of 
birth,  health  and  phyr-ical     ipacily,  right  of  preference  as  a 
veteran  or   a  blind    persoi      previous   employment   in   the 
public  service,  occupation   aad  lesidence  for  the  previous 
five  years,  education  of  the  applicant,  and  such  other  in- 
formation as  may  be  reair^onabf/  required  relative  to  his 
fitness  for  the  public  service;  but  no  question  shall  be  asked 
in  such  application  or  in  any  ex'\!   Uiatioi!  "^quiring  a  state- 
ment as  to  any  act  of  waywardness  or  delin  juoncy  or  any 
offence  committed  before  tlir  applicant  reached  the  age  of 
seventeen 
G.  L.  (Ter.  Sf/tjon  6.     .Isdd   chapter   thirty-one  is   hereb}-   further 

^.r;!'amendML'  ame^-icd  by  striking  out  section  sixteen  A,  inserted  by  sec- 
tion three  of  chapter  five  himdred  and  six  of  the  acts  of 
nineteen  hundred  and  thirty-nine,  and  inserting  in  place 
Transfer  within  thereof  the  followlug  scction: — Section  16 A.  Except  as 
sefvtie^"'^^*"'  otherwise  provided  by  law,  any  p'  -son  duly  certified  for  per- 
manent employment  and  actually  employed  for  at  least  one 
year  in  any  position  in  the  official  or  labor  service  may,  after 
application  in  writing  to  the  director  by  the  appointing  au- 
thority and  with  the  consent  of  the  director,  be  transferred 
to  another  similar  position.  No  position  shall  be  considered 
as  similar  which  is  higher  in  grade  or  for  which  there  are 
substantially  dissimilar  requirements  for  appointment. 

A  temporary  transfer,  without  regard  to  the  class  or  grade 
of  the  positions  involved,  may  be  authorized  by  the  director 
for  a  period  not  to  exceed  six  months  if,  in  his  opinion,  such 
transfer  will  be  for  the  public  good. 

No  transfer  shall  be  made  vvithout  the  consent  of  the  em- 
ployee and  the  approval  and  consent  of  the  appointing  au- 
thority in  thp  department  or  departments  involved. 


Acts,  1945.  —  Chap.  703.  873 

Section  7.    Section  forty-six  E  of  said  chapter  thirty-one,  ci.  l  (  tii. 
as  amended,  is  hereby  further  amended  by  striking  out  the  e(p.','iHn,'.n<itd^' 
first  paragraph,  as  appearing  in  chapter  two  hundred  and 
seven  of  the  acts  of  nineteen  hundred  and  thirty-four,  and 
inserting  in  place  thereof  the  following  paragraph: — An  i,eav.;  of 
appointing  authority  may  grant  a  leave  of  absence  for  a  '■'^"''"''^ 
period  not  to  exceed  three  months  in  any  period  of  twelve 
consecutive  months.    No  leave  of  absence  for  a  longer  period, 
except  one  granted  on  account  of  illness,  as  evidenced  by 
the  certificate  of  a  registered  physician  approved  by  the 
director,  may  be  granted  without  the  prior  approval  of  the 
director. 

Section  8.     Said   chapter  thirty-one   is   hereby   further  g-  •-  (Tor. 
amended  by  inserting  after  section  forty-six  H,  as  amended,  §4ci,  added! 
the  following  section:  —  Section  461.    Whenever  a  person  is  Certiiin  persons 

iij.  ,1  zE'i  11  •  r  separsifed  froid 

separated  irom  the  oifacial  or  labor  service  tor  any  reason  service  to  be 
other  than  resignation  or  discharge,  his  name  shall  be  placed  re-empi'oyment 
by  the  director  on  the  re-employment  list,  and  shall  remain  list. 
on  such  list  for  a  period  of  five  years  or  until  he  is  appointed 
to  a  position  after  certification  from  such  list  or  reinstated 
to  a  civil  service  position,  but  the  foregoing  shall  not  apply 
to  persons  originally  employed  on  requisition  for  temporary 
service  or  to  provisional  appointees.     Thereafter,  on  requi- 
sition to  fill  any  position  which,  in  the  judgment  of  the 
director,  can  be  filled  from  such  re-employment  list,  the  di- 
rector, before  certifying  from  the  regular  list,  shall  certify 
from  such  re-employment  list,  in  accordance  with  the  rules 
relative  to  certification,  the  names  of  persons  then  standing 
thereon  in  the  order  of  the  dates  of  their  original  appointment. 

Section  9.      Said   chapter   thirty-one   is   hereby   further  g.  i,.  (Ter. 
amended  by  striking  out  section  eighteen,  as  amended,  and  ^f^i^Vmendid'. 
inserting  in  place  thereof  the  following  section:  —  Section  18.  Numes  of  per- 
Every  appointing  authority  shall  report  in  writing  forthwitli  pr"mo"e!d,°erc^.' 
to  the  director  any  appointment  or  employment,  promotion,  t"  be  reported 
demotion,  suspension,  lay-off,  discharge,  transfer,  resigna- 
tion, change  in  duties  or  pay,  abohtion  of  position,  reinstate- 
ment, leave  of  absence  for  over  one  month,  or  death,  of  any 
person  within  the  official  or  labor  service.    Such  report  shall 
contain  the  service  record  of  the  employee  in  such  form  and 
detail  as  the  director  may  designate,  as  well  as  the  address 
of  such  person. 

S^;cTiON  10.    Sections  thirty-two  A  and  forty  of  said  chap-  c-  i-  (Ter. 
ter  thirty-one  are  hereby  repealed.  ;md\o!'re-  ^^ 

Section  11.    Section  eleven  of  chapter  one  hundred  and  pfaiefi- 
forty-two  of  the  General  Laws,  as  appearing  in  the  Tercen-  Ed.)'.'  i42T§  n. 
tcnary  Edition,  is  hereby  amended  b}^  striking  out  in  the  ='"'f'"f'ed. 
eleventh  line  the  words  "for  cause  shown"  and  inserting  in 
place  thereof  the  words:  —  subject  to  chapter  thirty-one,  — 
so  as  to  read  as  follows:  —  Section  11.    The  said  inspector  Appoiatmeut 
of  buildings,  if  any,  otherwise  the  board  of  health,  of  each  TiTspel'torTin^ 
city  and  town,  shall,  within  three  months  after  it  becomes  'ities  and 

,.,,  f.  i-j  .       I       .  ■     J     p  certain  towns. 

subject  to  sections  one  to  sixteen,  inclusive,  appoint  irom 
the  ola-eified  civil  service  list  one  or  more  inspectors  of 


874 


Acts,  1945.  —  Chap.  704. 


plumbing  who  shall  be  practical  plumbers  and  shall  have 
had  practical  experience  either  as  master  plumbers  or  jour- 
nejmien,  continuously,  during  five  years  next  preceding  their 
appointment;  provided,  that  any  time  spent  in  service  in 
the  arjny,  navy  or  marine  corps  of  the  United  States  in  time 
of  war  or  insurrection  shall  be  deemed  a  part  of  the  period  of 
continuous  practical  experience  so  required.  Such  inspector 
of  buildings  or  board  may  remove  them  subject  to  chapter 
thirty-one  and  shall,  subject  to  approval  of  the  city  council 
or  selectmen,  fix  their  compensation  which  shall  be  paid  by 
the  city  or  town.  Said  inspectors  of  plumbing  shall  inspect 
all  plumbing  in  process  of  construction,  alteration  or  repair 
for  which  permits  are  granted  within  their  respective  cities 
and  towns  and  shall  report  to  their  appointing  power  or 
board  violations  of  any  law,  ordinance,  by-law,  rule  or  regu- 
lation relative  to  plumbing;  they  shall  perform  such  other 
appropriate  duties  as  may  be  required.  The  approval  of 
plumbing  by  any  inspectors  other  than  those  provided  for 
by  this  chapter  shall  not  be  a  compliance  therewith. 

Approved  July  24,  1945. 


Chap. 1^4:  An  Act  making  changes  in  the  civil  service  laws  rela- 
tive TO  ELIGIBLE  LISTS,  APPOINTMENTS,  PROMOTIONS, 
SENIORITY,  SEPARATION  FROM  SERVICE  AND  REINSTATE- 
MENTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  thirty-one  of  the  General  Laws  is 


G.  L.  (Ter. 
Ed.).  31,  §  12, 
etc.,  amended. 

Lists  of 
eligibles. 


G.  L.  (Ter. 
Ed.),  31,  new 
§  12A,  added. 
Right  of 
review. 


hereby  amended  by  striking  out  section  twelve,  as  amended, 
and  inserting  in  place  thereof  the  following  section :  —  Sec- 
tion 12.  Each  list  of  persons  eligible  to  any  position  shall 
be  prepared  or  revised  as  soon  as  may  be  after  their  respec- 
tive ratings  or  standings  have  been  determined  by  the 
director  by  examination  or  otherwise  in  accordance  with 
the  rules  of  the  commission,  but,  in  case  of  the  determina- 
tion thereof  by  a  written  examination,  not  later  than  six 
months  after  the  date  of  such  examination.  The  director 
shall  not  place  on  any  such  list  any  person  not  a  citizen  of 
the  United  States.  All  lists  established  as  aforesaid  shall  be 
open  to  public  inspection.  All  persons  who  have  taken  an 
examination  shall  be  notified  of  the  results  thereof  not  later 
than  sixty  days  after  the  date  of  such  examination. 

Section  2.  Said  chapter  thirty-one  is  hereb}^  amended 
by  inserting  after  section  twelve  the  following  section :  — 
Section  12 A.  Within  fourteen  days  after  the  giving  of 
notice  of  the  results  of  a  written  examination,  an  applicant 
ma}^  file  with  the  director  a  request  for  a  review  of  the  mark- 
ings on  his  examination  paper,  in  the  form  prescribed  by 
the  director,  setting  forth  specifically  in  what  particulars 
the  results  of  the  examination  are  incorrect. 

In  such  case,  the  director  or  his  authorized  representative 
shall,  within  six  weeks  after  the  filing  of  a  request  for  review 
of  markings  on  any  examination  paper,  hold  a  hearing, 


Acts,  1945. —Chap.  704.  875 

cause  such  examination  paper  and  the  markings  thereon  to 
be  reviewed,  and  transmit  a  copy  of  his  decision  to  the 
apphcant.  Within  fourteen  days  after  the  giving  of  notice 
of  such  decision  the  applicant  ma.y  appeal  to  the  commis- 
sion by  filing  a  petition  in  a  form  ai3p  roved  by  it  and  con- 
taining a  brief  statement  of  the  facts  upon  which  such  ap- 
peal is  based.  Within  six  weeks  after  the  filing  of  such  an 
appeal  the  commission  shall  hold  a  hearing,  render  a  deci- 
sion and  transmit  a  copy  of  such  decision  to  the  appellant. 
Nothing  herein  shall  be  construed  to  extend  the  time  pro- 
vided by  law  for  the  establishment  of  the  eligible  list  based 
on  such  examination. 

Section  3.     Section  fifteen  of  said  chapter  thirtj'^-one,  as  g.  l.  (Ter. 
most  recently  amended  b}^  chapter  four  hundred  and  ninety-  ^tl! 'amended. 
one  of  the  acts  of  nineteen  hundred  and  forty-one,  is  hereby 
further  amended  by  striking  out  the  second  paragraph  and 
inserting  in  place  thereof  the  following  paragraph :  — 

Except  as  otherwise  provided  in  sections  nineteen  A,  [nTh^ilhMmed 
twenty  A,  twenty  C,  twenty-two,  forty-two,  forty-seven  B,  service,  how 
forty-eight,  and  forty-nine  A  of  this  chapter,  section  thirty-  '"'"^®' 
six  of  chapter  forty-eight,  section  eleven  of  chapter  one 
hundred  and  twenty-seven,  section  four  of  chapter  two 
hundred  and  seventy-three  of  the  acts  of  nineteen  hundred 
and  thirteen,  and  section  four  of  chapter  three  hundred  and 
seventy-two  of  the  acts  of  nineteen  hundred  and  fourteen, 
no  person  shall  receive  an  original  appointment  to  the  offi- 
cial service  of  the  commonwealth  or  any  city  or  town  thereof 
otherwise  than  by  virtue  of  a  competitive  examination,  un- 
less (a)  the  director  shall  certify  that  he  has  previously  held 
a  competitive  examination  for  the  position  involved  and 
has  been  unable  to  establish  an  eligible  list  of  at  least  two 
available  persons;  or  unless  (b)  a  position  not  under  civil 
service  is  placed  thereunder  by  virtue  of  a  statute  or  rule 
and  the  director  makes  recommendations  supported  by  four 
affirmative  votes  of  the  commission  to  include  under  civil 
service  any  present  incumbent  of  the  position,  subject  to 
passing  a  qualifying  examination,  prescribed  by  the  director. 

Section  4.     Said  section  fifteen,  as  amended  as  afore-  g.  l.  (Ter. 
said,  is  hereby  further  amended  by  striking  out  the  last  fttl'furthlr^' 
paragraph  and  inserting  in  place  thereof  the  three  follow-  amended. 
ing  paragraphs :  — 

A.     An  appointing  authority,  with  the  approval  of  the  Promotions 
director,  may  promote  in  the  same  department  or  division  JfepaJtment  or 
of  a  department  in  the  official  service  an  employee  in  one  division  of  a 
grade  to  the  next  higher  grade  as  determined  by  the  director;  '^^"  ™™  ' 
provided,  that  such  employee  has  been  employed  at  least 
three  years  in  the  lower  grade,  is  the  oldest  employee,  the 
second  oldest  employee  or  the  third  oldest  employee  therein 
in  point  of  service  who  is  wiUing  to  accept,  and  that  such 
employee  passes  a  cjualifying  examination  prescribed  by  the 
director.    This  paragraph  shall  not  apply  in  any  case  where 
a  promotion  is  required  to  be  made  as  provided  in  section 
twenty. 


876 


Acts,  1945.  —  Chap.  7U4 


Conipelilive 
promotional 
pxaniiiiiitioiiH 


Writleii  sl:ilc- 
liieiit  l).v 
itppointint; 
authority  of 
reason  for  not 
av)pointiiig  or 
promotiiiK 
person  whose 
name  appears 
liigiiest  on  hst. 


<i    I,    (IVr. 
ICd.),  .■(!,  new 
§§  ir,C  and 
15D,  added. 


Fihiii;  list  of 
civil  service 
employees  by 
appointing 
officer  annually, 


J3.  Except  as  authorized  by  paragraph  A,  and  except  as 
otherwise  provided  in  section  twontj'^,  all  promotions  in  the 
official  service  shall  be  made  after  a  competitive  promotional 
examination  open  in  succession  to  those  who  have  been 
employed  for  at  least  one  year  in  the  next  lower  grades,  as 
determined  by  the  director,  in  the  same  department  or  divi- 
sion of  a  department,  until  a  sufficient  number  of  applicants 
to  hold  a  competitive  examination  is  obtained.  In  case  an 
eligible  list  of  at  least  two  available  persons  is  not  estab- 
lished from  such  promotional  examination,  then  a  competi- 
tive promotional  examination  may  be  held  open  to  any  class 
within  the  service  of  the  same  or  an}^  other  department,  or 
division  of  a  department,  as  the  director  may  determine. 
In  case  an  eligible  list  of  at  least  two  available  persons  is 
not  established  from  either  of  such  promotional  examina- 
tions, the  positions  shall  be  filled  after  open  competitive 
examination;  provided,  that  if  there  be  one  person  on  either 
eligible  list,  the  director  shall  certify  sucli  person.  In  any 
department,  or  division  of  a  department  having  not  more 
than  two  employees,  an  appointing  authority  ma}^  promote 
in  the  official  service  the  sole  employee  or  either  one  of  the 
two,  as  the  case  may  be;  provided,  that  such  employee 
passes  a  qualifying  examination  prescribed  by  the  director; 
and  provided,  further,  that  such  emploj^ee  has  been  em- 
ployed for  at  least  three  years  in  the  service  of  such  depart- 
ment or  division  of  a  department. 

C.  In  each  instance  when  the  appointing  authority  ap- 
points or  promotes,  as  the  case  may  be,  any  person  (tther 
than  the  person  whose  name  appears  highest  on  a  list  certi- 
fied to  him  or  it  by  the  director  for  a  position,  the  appoint- 
ing authority  shall  forthwith  delivei'  to  the  director  a  written 
statement  of  his  or  its  reason  for  not  appointing  or  pro- 
moting the  person  or  persons  v/hose  name  or  names  appear 
on  such  list  with  higher  rating  than  the  name  of  the  person 
so  appointed  or  promoted,  and  no  appointment  or  promo- 
tion of  any  person  other  than  the  person  whose  name  ap- 
pears liighest  on  such  list  shall  become  effective  until  such 
statement  has  been  received  b}^  the  director.  Every  such 
statement  shall  be  filed  in  the  office  of  the  division,  but  shall 
not  be  a  public  record;  provided,  that  it  may  be  inspected 
by  any  person  referred  to  in  such  statement  or  by  his  at- 
torney, duly  authorized  thereto  in  writing. 

Section  5.  Said  chapter  thirty-one  is  hereby  further 
impended  by  inserting  after  section  fifteen  B,  inserted  therein 
by  chapter  five  hundred  and  twenty  of  tlie  acts  of  nineteen 
hundred  and  forty-three,  the  two  following  sections: —  Sec- 
tion 15C.  On  or  before  March  first  in  each  year,  every 
appointing  officer  shall  submit  to  the  director  in  such  form 
as  he  may  require,  under  the  penalties  of  perjury,  a  list  of 
officers  and  employees  in  his  department  who  are  civil  serv- 
ice employees,  setting  forth  the  title  of  the  class  and  grade 
of  the  office  or  position  of  eacli  such  officer  and  employee 
and  his  seniority  determined  as  provided  in  section  fifteen  D. 


Acts,  1945. —Chap.  704.  877 

The  word  "department",  as  used  in  this  section,  shall  '^^^•','^^F^a 

1 .     .    .  ■       J  ■,     ,  ■  1  • ,  ,1  ■         r  1  merit     denned . 

mean  a  division,  institutional  unit  or  other  unit  of  a  depart- 
ment in  case  such  a  unit  is  established  by  law,  ordinance 
or  by-law  or  under  authority  thereof,  and,  when  so  used  with 
respect  to  employees  in  the  labor  service  of  the  department 
of  public  works,  shall  mean  the  district  established  under 
section  eighteen  A  in  which  such  employees  serve. 

Section  15D.    For  the  purposes  of  this  chapter,  seniority  Basis  for 
of  officers  and  employees  in  the  official  or  labor  service  shall  *<'"'°"*^ 
mean  their  ranking  based  on  length  of  service,  computed  as 
provided  in  this  section. 

1.  The  length  of  service  of  a  permanent  officer  or  employee 
shall  be  computed  from  the  date  of  his  original  permanent 
appointment,  including  the  probationary  period  served  for 
such  appointment,  other  than  an  appointment  on  an  inter- 
mittent or  a  part-time  basis,  to  the  official  or  labor  service 
in  the  department  in  which  he  serves,  regardless  of  class  or 
grade,  unless  the  continuity  of  his  service  has  been  inter- 
rupted by  an  absence  from  the  pay  roll  of  six  months  or 
longer,  in  which  case  the  length  of  his  service  shall  be  com- 
puted from  the  date  of  his  restoration  to  the  pay  roll;  but 
upon  continuous  service  following  such  an  absence  for  a 
period  of  twice  the  length  of  the  absence,  the  length  of  his 
service  shall  be  again  computed  from  the  date  of  his  original 
appointment. 

2.  In  the  event  of  a  transfer  of  such  an  officer  or  employee 
from  one  department  of  the  commonwealth  to  another  de- 
partment thereof,  from  one  department  to  another  in  the 
same  or  another  municipality,  or  from  a  municipality  to  the 
commonwealth,  or  from  the  commonwealth  to  a  munici- 
pality, the  length  of  his  service  shall  be  computed  from  the 
date  of  said  transfer  until  the  completion  of  one  year's  serv- 
ice in  the  position  to  which  he  is  transferred,  upon  the  com- 
pletion of  which  the  length  of  his  service  shall  be  again 
computed  from  the  same  date  from  which  computed  imme- 
diately prior  to  such  transfer. 

3.  Upon  reinstatement  of  such  an  officer  or  employee  after 
an  absence  following  an  industrial  accident,  the  length  of 
liis  sendee  shall  be  computed  from  the  same  date  from  which 
computed  immediately  prior  to  such  absence. 

4.  The  length  of  service  of  a  permanent  part-time  or  per- 
manent intermittent  employee  shall  be  comiputed  from  the 
date  of  his  original  appointment  as  such  employee,  regard- 
less of  absences  from  the  pay  roll  which  occurred  without 
his  volition. 

5.  Permanent  part-time  or  permanent  intermittent  em- 
ployees shall  rank  below  permanent  full-time  employees  in 
seniority. 

"Absence",  as  used  in  this  section,  shall  not  include  ab-  Terrii;ab- 
sence  because  of  military  service,  or  illness,  or  absence  on  s™"<'"'i«fi"'»*- 
leaves  of  absence  in  lieu  of  lay-off  resulting  from  lack  of  work 
or  lack  of  money. 

The  word  "department",  as  used  in  clauses  (1)  and  (2)  of  Meanineof 


878 


Acts,  1945. —  Chap.  704. 


meat"  as  used 
in  section. 


G.  L.  (Ter. 
Ed.),  31,  §  20, 
amended. 
Appointment 
and  promotion 
of  policemen 
and  firemen. 


G.  L.  (Ter. 
Ed.),  31, 
§§  46D  and 
46F,  repealed. 
G.  L.  (Ter. 
Ed.).  31,  §460, 
amendnd. 
Right  of  hear- 
ing upon  sepa- 
ration for 
rertain  reasons. 


G.  L.  (Ter. 
Ed.),  31,  §40G 
amended. 


this  section  shall  have  the  same  meaning  as  in  section  fif- 
teen C. 

Section  6.  Said  chapter  thirty-one  is  hereby  further 
amended  by  striking  out  section  twenty  and  inserting  in 
place  thereof  the  following  section :  —  Section  20.  Appoint- 
ments and  promotions  in  such  police  and  fire  forces  of  cities 
and  towns  as  are  within  the  official  service  and  in  the  detec- 
tive force  of  the  state  department  of  public  safety  and  in 
the  police  force  of  the  metropolitan  district  commission  shall 
be  made  only  by  competitive  examination,  except  as  other- 
wise provided  in  this  chapter,  or  in  the  rules  of  the  commis- 
sion relative  to  temporary  or  emergency  appointments.  No 
such  examination  shall  be  held  until  there  are  at  least  four 
applicants  for  appointment  or  promotion  for  one  existing 
vacancy,  except  as  to  applicants  for  appointment  to  the 
lowest  grade.  No  examination  shall  be  required  for  promo- 
tion of  call  men  within  the  call  fire  forces  of  any  city  or  town 
which  are  within  the  official  service.  In  making  appoint- 
ments or  promotions  to  all  grades  of  service  other  than  the 
lowest,  the  examination  and  appointment  shall  be  limited  to 
persons  of  the  next  lower  rank;  but  if  the  number  of  appli- 
cants for  examination  in  such  lower  rank  is  not  sufficient  to 
hold  an  examination,  the  next  lower  ranks  shall  in  succession 
be  thrown  open  to  the  examination  until  at  least  the  neces- 
sary number  have  applied;  provided,  that  such  apphcants 
shall  not  be  eligible  to  take  any  such  examination  unless  they 
have  been  employed  in  such  lower  ranks  for  at  least  one  year. 

Section  7.  Sections  forty-six  D  and  fortj^-six  F  of  said 
chapter  thirty-one  are  hereby  repealed. 

Section  8.  Said  chapter  thirty-one  is  hereby  further 
amended  by  striking  out  section  forty-six  C  and  inserting 
in  place  thereof  the  following  section :  —  Section  4^0.  An 
officer  or  employee  of  the  commonwealth  or  of  any  citj''  or 
town  who  has  been  separated  from  the  official  or  labor  serv- 
ice for  any  reason  other  than  one  specified  in  section  forty- 
six  G  or  fortj'-six  H  may,  upon  the  request  of  the  appointing 
authority  and  with  the  approval  of  the  director,  be  reinstated 
in  the  same  position  or  in  a  position  in  the  same  class  and 
grade  as  that  formerly  held  by  him.  If  the  director  fails  to 
approve  the  reinstatement  of  such  officer  or  employee  within 
thirty  days  after  the  request  of  the  appointing  authority, 
the  appointing  authority  or  such  officer  or  employee  may 
make  a  request  for  a  hearing  before  the  director.  If  the 
separation  from  service  of  such  an  officer  or  employee  was 
due  to  illness,  and  the  appointing  authority  fails  to  make  a 
request  for  reinstatement  upon  demand  of  such  officer  or 
employee,  the  officer  or  employee  may  make  a  request  for 
a  hearing  before  the  director.  In  either  case,  the  director 
shall  forthwith  hold  a  hearing,  hear  all  parties  concerned, 
and  render  his  decision. 

Section  9.  Said  chapter  thirty-one  is  hereby  further 
amended  by  striking  out  section  forty-six  G  and  inserting 


Acts,  1945.  —  Chap.  705.  879 

in  place  thereof  the  following  section:  —  Section  J^6G.  If  the  Reinstatement 
separation  from  service  of  persons  in  the  official  or  labor  pio°*e^et'^'^^"' 
service  results  from  lack  of  work  or  lack  of  money  or  from 
abolition  of  positions,  they  shall  be  separated  from  service 
by  class  and  grade,  except  as  hereinafter  provided,  and  be 
reinstated  therein  in  the  same  position  or  in  a  similar  posi- 
tion as  that  formerly  held  by  them,  according  to  their  senior- 
ity in  the  service,  so  that  the  senior  officers  or  employees  in 
point  of  service  shall  be  retained  the  longest  and  reinstated 
first  and  before  any  certification  of  new  names.  Before  any 
action  is  taken  to  effect  such  a  separation  from  service  of 
any  officer  or  employee,  seven  days'  written  notice  thereof 
shall  be  given  to  him  by  the  appointing  authority. 

If  before  action  is  taken  to  effect  such  a  separation  and 
within  said  seven  days  an  officer  or  employee  files  his  written 
consent  with  the  appointing  officer,  he  shall  be  demoted  to 
the  next  lower  grade  or  grades  in  succession  in  the  official 
service  or  to  the  next  lower  class  or  classes  in  succession  in 
the  labor  service,  if  in  such  lower  grades  or  classes  there  is 
an  officer  or  employee  junior  to  him  in  point  of  service.  As 
soon  as  sufficient  work  or  money  is  available,  officers  or  em- 
ployees so  demoted  shall  be  restored  to  the  grade  or  class 
formerly  held  b}^  them,  according  to  their  seniority. 

Nothing  in  this  section  shall  impair  the  preference  pro- 
vided for  disabled  veterans  by  section  twenty-three. 

Section  10.    The  term  "absence",  as  used  in  section  fif-  T|JJ,'^\pg..  ^^ 
teen  D  of  chapter  thirtj-^-one  of  the  General  Laws,  inserted  used  in  g.  l., 
by  section  five  of  this  act,  shall  not  include  absence  on  leaves  defined"^' 
of  absence  granted  during  the  present  states  of  war  between 
the  United  States  and  certain  foreign  countries  for  the  pur- 
pose of  permitting  service  in  employment  essential  to  the 
war  effort.  Approved  July  24,  194-5. 


An  Act  further  providing  for  sewage  disposal  needs  /^/.^^  ync 

OF     THE     north     AND     SOUTH     METROPOLITAN     SEWERAGE     '        '  ' 
districts   and    communities    W^HICH   N0V\^    or    HEREAFTER 
MAY    BE    INCLUDED    IN   SAID    DISTRICTS. 

Whereas,  The  deferred  operation   of  this  act  would,   in  Emergency 
part,  defeat  its  purpose,  which  is  to  provide  for  sewage  dis-  preamble. 
posal  needs  in  the  north  and  south  metropolitan  sewerage 
districts  with  the  utmost  expedition,  therefore  it  is  hereby 
declared  to  be  an  emergency  law,  necessary  for  the  immedi- 
ate preservation  of  the  public  health,  safety  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purposes  of  this  act  only,  the  met- 
ropolitan district  water  supply  commission,  comprising  the 
three  members  provided  for  by  chapter  three  hundred  and 
seventy-five  of  the  acts  of  nineteen  hundred  and  twenty-six, 
as  amended,  shall  also  include  the  director  and  chief  engineer 
of  the  sewerage  division  of  the  metropolitan  district  com- 


880  Acts,  1945.  —  Chap.  705. 

mission  and  the  director  and  chief  sanitary  engineer  of  the 
division  of  sanitary  engineering  of  the  department  of  pubUc 
health,  both  ex  officio.  Subject  to  the  conditions  herein- 
after provided,  the  metropohtan  district  water  supply  com- 
mission, enlarged  as  hereinbefore  provided,  said  commission 
as  so  constituted  being  hereinafter  referred  to  as  the  metro- 
politan district  water  sui}ply  commission,  is  hereby  author- 
ized and  directed  on  l;ehalf  of  the  commonwealth  to  carry 
out,  prior  to  July  first  nineteen  hundred  and  fifty-five,  the 
following  projects:  -  Project  1.  The  construction  of  a  sew- 
age treatment  plant  and  appurtenant  works  at  Nut  island 
in  the  city  of  Quincy,  including  provision  for  the  dis- 
posal of  sludji  from  the  sewage  of  the  south  metropolitan 
sewerage  rlistri  ;t.  Project  2.  The  construction  of  and  ex- 
tension of  the  north  metropolitan  relief  sewer  from  East 
Bosto  *  to  Deer  island,  including  a  pumping  station  and 
appurtenant  works  at  East  Boston;  and  investigations, 
borings,  designs,  plans  and  specifications  only  of  a  sewage 
treatment  plant  and  appurtenant  works,  at  Deer  island,  of 
the  north  metropolitan  sewerage  district.  Project  3.  The 
construction  of  conduits,  pumping  stations  and  other  works 
along  Alewife  brook  in  the  cities  of  Cambridge,  Medford 
and  Somerville  and  the  towns  of  Arlington  and  Belmont. 
Project  4-  The  construction  of  conduits,  pumping  stations 
and  other  works  for  the  purpose  of  providing  relief  from 
storm  overflow  on  the  southerly  side  of  the  Charles  river 
into  the  Charles  river  basin.  Project  5.  The  construction 
of  conduits,  pumping  stations  and  other  works  for  the  pur- 
pose of  providing  relief  from  storm  overflow  on  the  northerly 
side  of  the  Charles  river  into  the  Charles  river  basin. 

For  the  purjoose  of  carrying  out  said  projects,  including 
any  expenditures  on  account  of  the  purchase  or  taking  of 
land  or  damage  to  land  occasioned  by  the  construction 
herein  provided  for,  the  metropolitan  district  water  supply 
commission  may  expend  sums,  not  exceeding  in  the  aggre- 
gate, fifteen  million  dollars;  provided,  that  no  expenditure 
or  commitment  from  the  proceeds  of  any  bond  issue  au- 
thorized by  this  act,  in  excess  of  four  million,  four  hundred 
and  fifty  thousand  dollars,  shall  be  made  during  the  fiscal 
year  ending  June  thirtieth,  nineteen  hundred  and  forty-six; 
and  provided,  further,  that,  except  as  hereinbefore  author- 
ized, no  expenditure  or  commitment  from  the  proceeds  of 
such  bond  issue  shall  be  made  subsequent  to  said  June 
thirtieth,  nineteen  hundred  and  forty-six,  without  further 
authorization  of  the  general  court  therefor;  and  provided, 
further,  that  no  borrowing  of  mone3'^s,  except  for  work  under 
section  seven,  shall  be  made  on  account  of  any  such  project, 
except  upon  certification  by  the  emergency  public  works 
commission  that  such  moneys  are  necessary  in  addition  to 
any  moneys  made  available  from  federal  funds  or  federal 
assistance,  or  both. 

All  engineering  services  and  such  administrative  expenses 
incurred  under  this  act  shall  be  considered  as  part  of  the 


Acts,  1^^  k5.  --  Chap.  705.  881 

direct  cost  of  the  proje  t  i  for  wliich  they  were  incurred  as 
set  fortli  in  section  one  ol  this  act. 

Section  2.  The  com  n;  on  wealth  may,  for  the  purpose  of 
carrying  out  as  a  federal  project  the  works  or  any  part 
thereof  herein  authorized  accept  and  use  any  federal  funds 
or  any  federal  assistance,  or  both,  provided  therefor  under 
any  federal  law,  authority  to  make  application  therefor 
being  hereby  granted  to  the  emergency  public  works  com- 
mission established  under  section  one  of  chapter  three  hun- 
dred and  sixty-five  of  the  acts  of  nineteen  hundred  and 
thirty-three,  and  the  provisions  of  said  section  one  which 
lelate  to  action  by  said  emergency  public  works  commission 
shall  apply  in  the  case  of  action  under  this  act.  None  of  the 
aforesaid  projects  shall  be  undertaken  unless  it  is  approved 
by  the  governor.  In  case  federal  funds  or  federal  assistance 
are  made  available  to  the  commonwealth  for  carrying  out 
any  of  the  aforesaid  projects,  the  projects  receiving  such 
federal  financial  assistance,  when  so  approved,  shall  be  car- 
ried out  in  all  respects  subject  to  the  provisions  of  the  ap- 
propriate federal  law  providing  for  construction  of  projects 
of  that  class,  and  the  rules  and  regulations  made  pursuant 
thereto,  and  to  such  terms,  conditions,  rules  and  regulations, 
not  inconsistent  with  such  federal  laws  and  rules  and  regu- 
lations, as  said  emergency  public  works  commission  may 
establish,  with  the  approval  of  the  governor,  to  ensure  the 
proper  execution  of  said  projects. 

Upon  completion  of  each  of  said  projects  the  metropolitan 
district  water  supply  commission  shall  turn  over  the  same, 
together  with  all  appurtenances  and  property  incidental 
thereto,  to  the  metropolitan  district  commission,  which 
shall  thereafter  miantain  such  project  as  a  part  of  the 
metropolitan  sewer  system  under  chapter  ninety-two  of  the 
General  Laws,  with  all  the  powers  and  duties  conferred  and 
imposed  upon  it  by  said  chapter. 

Section  3.  In  case  federal  funds  or  federal  assistance 
are  not  made  available  for  one  or  more  of  the  said  projects, 
no  payment  shall  be  made  or  obligation  incurred  in  carrying 
out  any  such  project  until  after  approval  thereof  by  the 
governor;  nor,  in  case  such  federal  funds  or  federal  assist- 
ance, or  both,  are  so  made  available,  until  after  approval 
thereof,  in  addition,  by  the  proper  federal  authorities,  and 
until  plans,  specifications  and  contracts  therefor,  and  alter- 
ations tliereto  subsequently  proposed,  have  been  approved 
by  said  emergency  public  works  commission,  unless  other- 
wise provided  by  such  rules  or  regulations  as  said  last  men- 
tioned commission  may  make. 

Section  4.  All  moneys  paid  to  the  commonwealth  by 
the  federal  government  for  the  purpose  of  carrying  out 
projects  provided  for  by  this  act  shall  be  received  by  the 
state  treasurer.  Payment  from  the  state  treasury  for  ex- 
penditures incurred  under  this,  act  shall  be  made  in  accord- 
ance with  the  procedure  prescribed  under  section  eighteen 
of  chapter  twenty-nine  of  the  General  Laws,  and  all  other 


882  Acts,  1945.  —  Chap.  705. 

provisions  of  said  chapter  twenty-nine  shall  apply  in  the 
case  of  any  project  undertaken  under  this  act  or  any  ex- 
penditure necessary  for  carrying  out  the  purposes  hereof, 
except  in  so  far  as  such  provisions  of  law  may  be  in  conflict 
with  applicable  federal  laws  and  regulations. 

Section  5.  In  carrying  out  the  powers  and  duties  con- 
ferred upon  it  by  this  act,  the  metropolitan  district  water 
supply  commission  may  construct  and  maintain  buildings, 
roads,  conduits,  pipes,  drains  and  wires  under  or  over  any 
watercourse,  bridge,  railroad,  railway,  boulevard  or  other 
public  way  in  such  a  manner  as  not  unnecessarily  to  obstruct 
or  impede  travel  thereon,  conforming  to  any  reasonable  regu- 
lations made  by  the  mayor  and  aldermen  of  cities  and  the 
selectmen  of  towns,  respectively,  wherein  such  works  are 
performed,  and  restoring,  so  far  as  practicable,  any  such 
road,  street  or  way  to  as  good  order  and  condition  as  the 
same  was  in  when  such  work  was  commenced.  The  metro- 
pohtan  district  water  supply  commission  may  enter  upon 
and  use  the  land  of  others,  heeding  so  far  as  practicable  all 
reasonable  requests  made  by  such  owners;  and  in  general 
may  do  any  other  act  or  thing  necessary  or  proper  for  car- 
rying out  the  powers  and  duties  conferred  upon  it  by  this 
act.  The  metropolitan  district  water  supply  commission 
shall  not  enter  upon,  construct  or  lay  any  conduit,  pipe  or 
other  works  within  the  location  of  any  railroad  corporation 
except  at  such  time  and  in  such  manner  as  it  may  agree 
upon  with  such  corporation,  or,  in  case  of  failure  so  to  agree, 
as  may  be  approved  by  the  department  of  public  utilities. 

Section  6.  For  any  of  the  purposes  of  this  act,  the  met- 
ropolitan district  water  supply  commission,  on  behalf  of  the 
commonwealth,  may,  at  any  time  and  from  time  to  time, 
take  by  eminent  domain  or  acquire  by  purchase  or  other- 
wise, such  lands,  water  rights,  easements  and  other  property 
or  interests  in  property,  public  or  private,  as  it  may  deem 
necessary  or  desirable  for  the  purposes  of  this  act. 

It  may  also  take  and  use,  for  the  purposes  of  this  act,  any 
land  or  rights  in  land  of  the  commonwealth  upon  such  terms 
and  conditions  as  may  be  agreed  upon  by  it  and  the  state 
department  or  other  authority  which  at  the  time  is  vested 
by  the  commonwealth  with  the  care  and  control  of  such 
lands  or  rights,  and  if  the  metropolitan  district  water  supply 
commission  and  such  department  or  other  authority  cannot 
agree  upon  said  terms  and  conditions,  then  such  terms  and 
conditions  shall  be  fixed  by  the  governor  and  council. 

Any  taking  under  this  act,  except  as  hereinbefore  pro- 
vided in  this  section,  may  be  in  fee  or  otherwise,  perpetual 
in  duration  or  for  a  limited  period  of  time,  according  as  the 
metropolitan  district  water  supply  commission  shall  deter- 
mine and  set  forth  in  the  order  of  taking. 

All  takings  under  this  act  of  property  or  rights  in  property 
and  all  proceedings  in  relation  to  or  growing  out  of  such  tak- 
ings shall  conform  to  the  provisions  of  chapter  seventy-nine 
of  the  General  Laws,  except  in  the  following  particulars :  — 


Acts,  1945.  —  Chap.  705.  883 

(a)  The  metropolitan  district  water  supply  commission 
need  make  no  award  of  damages  sustained  by  persons  or 
corporations  in  their  property  by  any  such  taking. 

(6)  The  notice  required  by  section  eight  of  said  chapter 
seventy-nine  may  be  given  at  any  time  within  one  year 
after  the  recording  of  the  order  of  taking  as  provided  in  sec- 
tion three  of  said  chapter. 

(c)  Petitions  for  the  assessment  of  damages  under  section 
fourteen  of  said  chapter  seventy-nine  may  be  filed  within 
two  years  after  the  recording  of  the  order  of  taking  provided 
for  in  said  section  three.  So  much  of  the  first  paragraph  of 
section  sixteen  of  said  chapter  seventy-nine,  as  amended,  as 
appears  after  the  word  "vested"  in  the  fourth  line  of  said 
section,  as  appearing  in  chapter  ninety-five  of  the  acts  of 
nineteen  hundred  and  forty-three,  shall  have  no  application 
to  takings  under  this  act. 

(d)  For  all  property  taken  under  this  act,  the  right  to 
damages  shall  vest  upon  the  recording  of  the  taking  in  the 
registry  of  deeds. 

(e)  The  metropolitan  district  water  supply  commission 
may  sell  at  public  or  private  sale  or  exchange  or  lease  any 
property,  real  or  personal,  whether  taken  by  eminent  do- 
main or  otherwise  acquired,  which  in  the  opinion  of  the 
metropolitan  district  water  supply  commission  is  no  longer 
needed  for  the  purposes  of  this  act.  Any  sums  of  money  so 
received  shall  be  applied  to  reduce  the  construction  costs  or 
to  reduce  the  bonded  indebtedness  for  the  works. 

Section  7.  Pending  receipt  of  federal  funds  for  any  of 
the  foregoing  projects,  the  metropolitan  district  water  sup- 
ply commission  shall  make  borings  and  surveys  and  prepare 
plans  and  specifications  for  each  of  the  foregoing  projects 
only  with  the  approval  of  the  governor,  and  shall  have  such 
powers  as  may  be  proper  and  reasonably  necessary  to  carry 
out  said  operations  or  plans,  specifications,  surveys  and  bor- 
ings. For  the  purpose  of  carrying  out  said  work,  the  met- 
ropolitan district  water  supply  commission  may  expend,  from 
the  amount  authorized  by  section  one,  a  sum  not  exceeding 
four  per  cent  of  the  estimated  cost  of  the  aforementioned 
projects,  except  that  there  shall  be  deducted  from  said  allow- 
able expenditures  of  four  per  cent  an  amount  equal  to  the 
total  sums  expended  by  and  liabilities  incurred  by  the  met- 
ropolitan district  commission  under  authority  granted  by 
section  nine  of  chapter  five  hundred  and  twelve  of  the  acts 
of  nineteen  hundred  and  thirty-nine.  The  metropolitan  dis- 
trict commission  shall  upon  request,  transfer  to  the  metro- 
politan district  water  supply  commission  all  plans,  specifica- 
tions, surveys  and  borings  heretofore  carried  on  by  it  in 
connection  with  projects  provided  for  by  this  act. 

Section  8.  To  meet  the  cost  of  construction  and  expendi- 
tures of  the  metropolitan  district  water  supply  commission 
in  carrying  out  the  provisions  of  this  act,  and  subject  to  the 
limitations  contained  in  section  one,  the  state  treasurer  shall 
from  time  to  time  on  the  request  of  the  metropolitan  district 


884  Acts,  1945.  —  Chap.  705. 

water  supply  commission,  borrow,  on  the  credit  of  the  com- 
monwealth, a  sum  or  sums,  not  exceeding,  in  the  aggregate, 
fifteen  million  dollars,  and  may  issue  in  one  or  more  series 
bonds,  notes  or  other  forms  of  written  acknowledgment  of 
debt,  hereinafter  referred  to  as  obligations.  Each  series  shall 
carry  such  rates  of  interest  as  the  state  treasurer  may  fix, 
with  the  approval  of  the  governor,  and  shall  be  payable  seri- 
ally in  such  amounts  and  at  such  times  as  the  state  treas- 
urer may  determine,  with  tlie  approval  of  the  governor; 
provided,  that  the  principal  payments  of  each  series  shall 
be  made  annually  in  amounts  as  nearly  equal  as  may  be. 
The  obligation  last  payable  of  any  series  issued  for  the  pur- 
pose of  carrying  out  said  projects  shall  become  due  not  later 
than  such  number  of  years  from  the  date  of  the  obligations 
of  such  series,  not  exceeding  twenty  years,  as  the  governor 
may  recommend  to  the  general  court  in  accordance  with  sec- 
tion 3  of  Article  LXII  of  the  amendments  to  the  constitu- 
tion of  the  commonwealth.  All  obligations  issued  under  this 
act  shall  be  signed  by  the  state  treasurer  and  approved  by 
the  governor.  All  obligations  issued  under  this  act  shall  be 
payable,  as  to  both  principal  and  interest,  in  such  funds  as 
are,  on  the  respective  dates  of  payment  of  such  principal 
and  interest,  legal  tender  for  the  payments  of  debts  due  the 
United  States  of  America. 

Section  0.  All  interest  payments  and  i)ayments  on  ac- 
count of  principal  on  such  obligations,  in  so  far  as  the  pro- 
ceeds of  such  obligations  are  used  to  meet  the  cost  of  projects 
two,  three  and  five  herevmder  and  the  cost  of  maintenance 
and  operation  of  the  sewerage  works  constructed  under  said 
projects  two,  three  and  five  shall  be  deemed  to  be,  and  shall 
be  paid  as,  a  part  of  the  interest,  sinking  fund  or  serial  bond 
requirements  and  costs  specified  in  chapter  four  hundred 
and  thirty-nine  of  the  acts  of  eighteen  hundred  and  eighty- 
nine  and  acts  in  amendment  thereof  and  in  addition  thereto 
and  affecting  the  same,  and  shall  be  apportioned,  assessed 
and  collected  in  the  manner  provided  by  the  provisions  of 
chapter  ninety-two  of  the  General  Laws  relative  to  the  north 
metropolitan  sewerage  system;  and  all  interest  payments 
and  payments  on  account  of  principal  on  such  obligations, 
in  so  far  as  the  proceeds  of  such  obligations  are  used  to  meet 
the  cost  of  projects  one  and  four  hereunder  and  the  cost 
of  maintenance  and  operation  of  the  sewerage  works  con- 
structed under  said  projects  one  and  four  shall  be  deemed 
to  be,  and  shall  be  paid,  as  a  part  of  the  interest,  sinking 
fund  or  serial  bond  requirements  and  costs  specified  in 
chapter  four  hundred  and  twenty-four  of  the  acts  of  eighteen 
hundred  and  ninety-nine  and  acts  in  amendment  thereof  and 
in  addition  thereto  and  affecting  the  same  and  shall  be  ap- 
portioned, assessed  and  collected  in  the  manner  provided 
by  chapter  ninety- two  of  the  General  Laws  relative  to  the 
south  metropolitan  sewerage  system. 

Section  10.  In  order  to  provide  funds  to  carry  out  any 
project,  in  anticipation  of  the  receipt  by  the  commonwealth 


Acts,  1945.  —  Chap.  705.  885 

of  contributions  therefor  due  from  the  federal  government 
under  agreements,  the  state  treasurer,  with  the  approval  of 
the  governor,  may  borrow  from  time  to  time,  on  the  credit 
of  the  commonwealth,  such  amounts  as  may  be  certified  by 
the  emergency  public  works  commission  to  be  necessary  to 
provide  such  temporary  funds,  but  not  exceeding  at  the  time 
of  any  such  certification  the  balance  of  such  federal  fimds 
then  remaining  unpaid,  and  the  state  treasurer  may  issue 
and  renew  notes  of  the  commonwealth  therefor,  bearing  in- 
terest payable  at  such  times  and  at  such  rates  as  shall  be 
fixed  by  him,  with  the  approval  of  the  governor.  Such  notes 
shall  be  issued  for  such  term,  not  exceeding  one  year,  as  may 
be  recommended  by  the  governor  to  the  general  court  in 
accordance  with  section  3  of  Article  LXII  of  the  amend- 
ments to  the  constitution  of  the  conmionwealth.  All  notes 
issued  hereunder  shall  be  signed  by  the  state  treasurer,  ap- 
proved by  the  governor  and  countersigned  by  the  comptroller. 

Section  11.  No  act  shall  be  done  under  authority  of 
this  act,  except  in  the  making  of  surveys,  plans  and  borings 
and  other  preliminary  investigations  for  submission  to  the 
governor  for  approval,  until  the  plans  of  the  system  of  sew- 
erage and  sewage  disposal  herein  authorized  have  been  ap- 
proved by  the  department  of  public  health.  Upon  appli- 
cation to  said  department  for  its  approval  of  any  sewage 
disposal  works,  it  shall  give  a  hearing,  after  due  notice  to  the 
public.  At  such  hearing,  plans  showing  in  detail  all  the  work 
to  be  done  in  constructing  such  sewage  disposal  works  shall 
be  submitted  for  approval  by  said  department. 

Section  12.  The  metropolitan  district  commission  is 
hereby  authorized  and  directed  to  adopt,  and  thereafter 
may  alter,  amend  and  repeal,  rules  and  regulations  concern- 
ing the  discharge  of  sewage,  drainage,  substances  or  wastes 
into  any  sewer  under  its  control,  or  any  sewer  tributary 
thereto,  within  the  north  metropolitan  sewerage  district  or 
the  south  metropolitan  sewerage  district.  Failure  on  the 
part  of  any  nmnicipality  within  either  of  said  districts  to 
comply  witli  any  sucli  rule  or  regulation,  or  with  any  order 
made  under  authority  thereof,  lawfully  aftecting  such  mu- 
nicipality, sliall  be  sufficient  cause  for  the  levying  and  col- 
lecting by  said  metropolitan  district  connnission  from  such 
municipality  of  such  additional  assessment  or  assessments 
as  said  metropolitan  district  commission  may  deem  neces- 
sary to  compensate  it  for  the  disposal  of  sewage,  drainage, 
substances  or  wastes  from  such  municipality;  provided, 
that  no  such  additional  assessment  shall  be  levied  on  any 
such  municipality  in  any  one  year  which  shall  exceed  the 
lesser  of  an  amount  equal  to  one  twentieth  of  one  per  cent 
of  the  taxable  value  of  such  municipality,  or  the  sum  of 
two  hundred  thousand  dollars. 

Section  13.  The  metropolitan  district  commission  shall, 
upon  the  completion  by  the  city  of  Boston  of  the  sewage 
treatment  plant  of  the  Boston  main  drainage  system,  dis- 
pose of  the  sludge  from  said  treatment  plant. 


886 


Acts,  1945. —  Chap.  706. 


Section  14.  Chapter  seven  hundred  and  twenty  of  the 
acts  of  nineteen  hundred  and  forty-one,  except  sections  six- 
teen to  nineteen,  inclusive,  is  hereby  repealed;  but  such 
repeal  shall  not  affect  the  validity  of  any  obligation,  commit- 
ment or  liability  lawfully  assumed  or  incurred  thereunder, 
including  any  bonds  issued  under  authority  of  any  provi- 
sion of  said  chapter  seven  hundred  and  twenty,  prior  to  the 
effective  date  of  this  act,  nor  shall  such  repeal  affect  the 
validity  of  any  work  performed  purportedly  under  authority 
of  said  chapter  seven  hundred  and  twenty  subsequently  to 
June  thirtieth  in  the  current  year  and  prior  to  said  effective 
date. 

If  on  said  effective  date  there  are  any  liabilities  incurred 
under  said  chapter  seven  hundred  and  twenty  to  meet  which 
no  funds  are  available  except  by  borrowing  thereunder,  the 
necessary  funds  may  be  borrowed  in  the  manner  and  to  the 
extent  provided  by  said  chapter  seven  hundred  and  twenty. 

Approved  July  ^4}  1945. 


Chap 


a.  L.  (Ter. 
Ed.),  8.  §  lOA. 
etc.,  amended. 


Leasing  of 
premi,ses  out- 
side of  state 
owned  build- 
ings. 


.706  An  Act  making  a  certain  change  in  the  laws  rela- 
tive TO  THE  FURNISHING  OF  QUARTERS  OUTSIDE  THE 
STATE  HOUSE  FOR  USE  BY  STATE  AGENCIES,  WHICH  HAS 
BECOME  NECESSARY  OR  ADVISABLE  BY  REASON  OF  THE 
AMENDMENT  TO  THE  CONSTITUTION  PROVIDING  FOR  AN- 
NUAL  SESSIONS   OF   THE    GENERAL    COURT. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  eight  of  the  General  Laws  is  hereby  amended  by 
striking  out  section  ten  A,  as  most  recently  amended  by 
section  two  of  chapter  four  hundred  and  forty  of  the  acts 
of  nineteen  hundred  and  forty-three,  and  inserting  in  place 
thereof  the  following  section:  —  Section  10 A.  The  com- 
monwealth, acting  through  the  executive  or  administrative 
head  of  a  state  department,  commission  or  board  and  with 
the  approval  of  the  superintendent  and  of  the  governor  and 
council  and  of  the  commission  on  administration  and  finance, 
may  lease  for  the  use  of  such  department,  commission  or 
board,  for  a  term  not  exceeding  five  years,  premises  outside 
of  the  state  house  or  other  building  owned  by  the  common- 
wealth, if  provision  for  rent  of  such  premises  for  so  much  of 
the  term  of  the  lease  as  falls  within  the  then  current  fiscal 
year  has  been  made  by  appropriation.  If  the  term  of  a 
lease  under  which  premises  are  being  used  for  the  purposes 
of  a  particular  activity  by  any  such  department,  commis- 
sion or  board  expires  between  the  beginning  of  a  fiscal  year 
and  the  effective  date  of  the  general  appropriation  act  for 
such  fiscal  year  and  no  appropriation  for  rent  for  said 
premises  has  been  made  and  if  the  general  court  has  not 
provided  otherwise,  the  commonwealth,  acting  through  the 
executive  or  administrative  head  of  such  department,  com- 
mission or  board,  and  with  like  approval,  may  hire  or  lease 
for  such  purposes  the  same  or  different  premises,  for  a  term 


Acts,  1945.  —  Chaps.  707,  708,  709.  887 

not  exceeding  five  years,  obligating  the  commonwealth  to 
pay  no  greater  aggregate  amount  of  rent  for  any  period  than 
was  paid  for  a  corresponding  period  under  the  expiring 
lease.  Approved  July  S4,  1945. 

An  Act  inceeasing  the  amount  of  pension  which  may  (J}iarf,707 

BE    PAID    TO    RETIRED    PUBLIC    SCHOOL    TEACHERS    IN    CER- 
TAIN    CITIES   AND   TOWNS. 

Be  it  enacted,  etc.,  as  follows: 

Section  forty-three  of  chapter  thirty-two  of  the  General  ^dVsJ^Ms 
Laws,  as  appearing  in  the  Tercentenary  Edition,  is  hereby  amended, 
amended  by  striking  out,  in  the  last  line,  the  words  "five 
hundred"  and  inserting  in  place  thereof  the  words:  —  seven 
hundred  and  fifty,  —  so  as  to  read  as  follows :  —  Section  4S.  ^"^f^^l^^ 
The  school  committee  of  any  such  city  or  town  may  retire  teachers. 
from  active  service  and  place  upon  the  pension  roll  any 
teacher  of  such  city  or  town  who  is  sixty  or  over  or  who,  in 
the  judgment  of  said  committee,  is  incapacitated  for  useful 
service,  and  who  has  faithfully  served  such  city  or  town 
for  twenty-five  years.     The  amount  of  the  annual  pension 
allowed  to  any  person  under  this  and  the  preceding  section 
shall  not  exceed  one  half  of  the  annual  compensation  re- 
ceived by  such  person  at  the  time  of  such  retirement,  and 
in  no  case  shall  it  exceed  seven  hundred  and  fifty  dollars. 

Approved  July  2 If.,  1945. 

An  Act  relative  to  the  retirement  allowances  of  Chav. 7 08 

SCHOOL   JANITORS    IN    CERTAIN    CITIES   AND   TOWNS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  thirty-two  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  amended   by  inserting  after  section  forty-five,   as  §  45A,  a'ddld. 
amended,   the   following   section :  —  Section  45 A .     In   any  Amount  of 
city  or  town  to  which  section  forty-four  applies  and  which  p^"^®'""- 
accepts  this  section  in  the  manner  set  forth  in  section  forty- 
five,  the  pension  payable  to  a  person  retired  under  said 
section  forty-four  shall  be  one  half  of  the  highest  salary  or 
other  compensation  received  by  him  while  he  was  holding 
the  grade  held  by  him  at  his  retirement. 

Section  2.     This  act  shall  apply  to  the  retirement  al-  Application 
lowances  of  school  janitors  retired  prior  to  the  effective  date  ° 
of  this  act,  as  well  as  to  those  retired  after  said  effective 
date.  Approved  July  24,  1945. 

An  Act  authorizing  the  school  committee  of  the  city  Chap. 7 09 

OF   BOSTON   TO   INCREASE   THE   ANNUAL  APPROPRIATION   TO 
DEFRAY     CERTAIN     TRAVELLING     AND     OTHER     NECESSARY 

EXPENSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  four  of  chapter  two  hundred  and 
seventy-four  of  the  acts  of  nineteen  hundred  and  fourteen 


888 


Acts,  1945.  —  Chap.  710. 


is  hereby  amended  by  striking  out,  in  the  fourth  Une,  the 
word  "one"  and  inserting  in  place  thereof  the  word:  — 
three,  —  so  as  to  read  as  follows:  —  Section  4-  The  school 
committee  of  the  city  of  Boston  is  hereby  authorized  to 
appropriate  annually,  from  the  appropriations  for  the  sup- 
port of  the  public  schools,  an  amount  not  exceeding  three 
thousand  dollars  to  defray  the  travelling  and  other  neces- 
sary expenses  incurred  under  the  provisions  of  section  three 
of  this  act.  An  itemized  account  of  such  expenses  shall  be 
filed  with  the  city  auditor. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  July  24,  19 45. 


G.  L.  (Ter. 
Ed.),  22,  new 
§  14,  added. 

Board  of  fire 

prevention 

regulations. 


Chap.7i0  An  Act  establishing  within  the  department  of  pub- 
lic SAFETY  A  BOARD  OF  FIRE  PREVENTION  REGULATIONS 
AND  DEFINING  ITS  POWERS  AND  DUTIES  AND  MAKING  CER- 
TAIN CORRECTIVE  CHANGES  IN  THE  LAWS  RELATING  TO 
FIRE    PREVENTION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Chapter  twenty-two  of  the  General  Laws,  as 
amended,  is  hereby  further  amended  by  adding  at  the  end 
the  following  section:  —  Section  14-     There  shall  be  in  the 
department,  but,  except  as  provided  as  to  rules  and  regula- 
tions in  section  ten  of  chapter  one  hundred  and  forty-eight, 
not  under  the  control  of  the  commissioner,  a  board  to  be 
known  as  the  board  of  fire  prevention  regulations,  which 
shall  consist  of  the  fire  marshal,  ex  officio,  who  may  desig- 
nate from  time  to  time  a  person  serving  in  the  department 
to  act  temporarily  as  a  member  of  such  board,  with  the  same 
powers  and  duties  as  other  members  of  the  board,  and  six 
members  to  be  appointed  by  the  governor,  with  the  advice 
and  consent  of  the  council,  for  terms  of  six  years  each.    One 
shall  be  the  head  of  a  fire  department,  as  such  term  is  defined 
in  section  one  of  chapter  one  hundred  and  forty-eight,  or  a 
person  having  similar  powers  and  duties,  one  shall  be  a 
representative  of  a  national  organization  of  fire  underwrit- 
ers, one  shall  be  a  representative  of  a  national  organization 
of  professional  chemical  engineers,  one  shall  be  a  representa- 
tive of  a  national  organization  of  electrical  engineers,  one 
shall  be  a  representative  of  a  national  organization  of  me- 
chanical  engineers,   and   one  shall  be  a  representative  of 
owners  of  buildings  subject  to  chapter  one  hundred  and 
forty-three  or  a  representative  of  real  estate  management 
organizations  having  control  of  buildings  subject  to  said 
chapter.    The  governor,  with  the  advice  and  consent  of  the 
council,  shall  from  time  to  time  designate  one  member  of 
said  board  as  chairman. 

No  member  shall  act  as  a  member  of  the  board,  or  vote 
as  such,  in  connection  with  any  matter  as  to  which  his  pri- 
vate right,  distinct  from  the  public  interest,  is  immediately 
poncerned. 


Acts,  1945.  —  Chap.  710.  889 

A  majority  of  said  board,  constituted  as  above  provided, 
may  transact  business,  but  a  lesser  number  may  adjourn 
from  time  to  time. 

Each  member  of  said  board  shall  be  paid  twenty  dollars 
for  each  day  while  in  the  actual  performance  of  his  duties 
as  such,  but  not  exceeding  one  thousand  dollars  in  any  fiscal 
year,  and  shall  also  receive  from  the  commonwealth  all  ex- 
penses necessarily  incurred  by  him  in  connection  with  his 
official  duties. 

Such  clerical,  technical  and  other  assistants  as  may  be 
required  by  the  board  shall  be  assigned  to  it  by  the  com- 
missioner. 

Section  2.  Section  four  of  chapter  one  hundred  ^^^d  G- l.  (Ter 
forty-eight  of  the  General  Laws,  as  appearing  in  the  Ter-  amended.' 
centenary  Edition,  is  hereby  amended  by  striking  out,  in 
the  sixth  line,  the  word  "department"  and  inserting  in  place 
thereof  the  following :  —  board  of  fire  prevention  regula- 
tions, established  under  section  fourteen  of  chapter  twenty- 
tw^o,  in  this  chapter  referred  to  as  the  board,  —  so  as  to 
read  as  follows:  —  Section  Jf.  The  marshal,  an  inspector,  inspection  of 
the  head  of  the  fire  department,  or  any  person  to  whom  the  authoriz^ed"^*'" 
marshal  or  the  head  of  the  fire  department  may  delegate  the 
authority,  may,  in  the  performance  of  the  duties  imposed 
by  this  chapter,  or  in  furtherance  of  the  purpose  of  any  pro- 
vision of  any  law,  ordinance  or  by-law  relating  to  the  subject 
matter  of  this  chapter,  or  of  any  rule  or  regulation  of  the 
board  of  fire  prevention  regulations,  established  under  sec- 
tion fourteen  of  chapter  twenty-two,  in  this  chapter  referred 
to  as  the  board,  or  any  order  of  the  marshal  or  head  of  the 
fire  department,  enter  at  any  reasonable  hour  any  building 
or  other  premises,  or  any  ship  or  vessel,  to  make  inspection 
or  investigation,  without  being  held  or  deemed  to  be  guilty 
of  trespass. 

Section  3.    Section  nine  of  said  chapter  one  hundred  and  ^j^^  ilg'^so 
forty-eight,  as  so  appearing,  is  hereby  amended  by  striking  amended.' 
out,  in  the  first  line,  the  word  ''department"  and  inserting 
in  place  thereof  the  word:  —  board,  —  by  striking  out,  in 
the  eleventh  to  the  fourteenth  lines,  inclusive,  the  words 
",  except  that  cities  and  towns  may  by  ordinances  or  by- 
laws prohibit  the  sale  or  use  of  fireworks  or  firecrackers 
within  the  city  or  town,  or  may  limit  the  time  within  which 
firecrackers  and  torpedoes  may  be  used",  —  and  by  striking 
out  all  after  the  word  "section"  in  the  twenty-first  line,  — 
so  as  to  read  as  follows :  —  Section  9.    The  board  shall  make  Rules  and 
rules  and  regulations  for  the  keeping,  storage,  use,  manu-  foftxpiosfves. 
facture,  sale,  handling,  transportation  or  other  disposition 
of  gunpowder,  dynamite,  crude  petroleum  or  any  of  its  prod- 
ucts, or  explosive  or  inflammable  fluids  or  compounds,  tab- 
lets, torpedoes  or  any  explosives  of  a  like  nature,  or  any 
other  explosives,  fireworks,  firecrackers,  or  any  substance 
having  such  properties  that  it  may  spontaneously,  or  acting 
under  the  influence  of  any  contiguous  substance,  or  of  any 
chemical  or  physical  agency,  ignite,  or  inflame  or  generate 


890 


Acts,  1945. —  Chap.  710. 


G.  L.  (Ter. 
Ed.),  148,  §  10, 
amended. 


Rules  and 
regulations 
relative  to 
fire  prevention. 


Effective  date. 


Submission  to 
commissioner. 


Petition  and 
1 1  earing  for 
ciianges  in 
rules  and 
regulations. 


G.  L.  (Ter. 
Ed.),  148,  §  13 
etc.,  ainended. 


inflammable  or  explosive  vapors  or  gases  to  a  dangerous 
extent,  and  may  prescribe  the  location,  materials  and  con- 
struction of  buildings  to  be  used  for  any  of  the  said  purposes. 
Such  rules  and  regulations  shall  require  persons  keeping,  stor- 
ing, using,  selling,  manufacturing,  handling  or  transporting 
dynamite  or  other  high  explosives  to  make  reports  to  the 
department  in  such  particulars  and  in  such  detail  that  the 
quantity  and  location  thereof  will  always  be  a  matter  of 
authentic  record  in  the  department.  Cities  and  towns  may 
also  make  and  enforce  ordinances  and  by-laws,  not  incon- 
sistent with  said  rules  and  regulations,  relative  to  the  sub- 
ject matter  of  this  section. 

Section  4.  Said  chapter  one  hundred  and  forty-eight  is 
hereby  further  amended  by  striking  out  section  ten,  as  so 
appearing,  and  inserting  in  place  thereof  the  following  sec- 
tion: —  Section  10.  The  board  of  fire  prevention  regulations 
shall  make,  and  from  time  to  time  may  alter,  amend  and 
repeal,  rules  and  regulations  relative  to  fire  prevention  which 
said  board  is  authorized  or  required  under  any  provision  of 
this  chapter  to  adopt  or  make.  Such  rules  and  regulations, 
and  any  alterations,  amendments  or  repeals  thereof,  shall 
forthwith  be  submitted  by  the  board  to  the  commissioner 
who,  within  ten  days  thereafter,  shall  deposit  a  copy  thereof 
with  the  state  secretary,  and  the  same  shall  become  effective 
when  so  deposited.  One  copy  thereof  shall  be  forwarded  by 
the  commissioner  by  registered  mail  to  each  officer  or  board 
in  each  city  and  town  whose  duties  under  any  provision  of 
this  chapter  are  affected  thereby,  and  said  commissioner  shall 
also  furnish,  upon  application,  a  copy  thereof  to  any  person 
requesting  the  same. 

The  board  shall  submit  to  the  commissioner  all  rules  and 
regulations  which  it  is  required  to  make  by  the  first  para- 
graph of  this  section,  and  shall,  upon  request  of  the  commis- 
sioner, so  submit  rules  and  regulations  which  by  any  pro- 
vision of  this  chapter  it  is  authorized  to  make. 

The  board  shall  hold  public  hearings  on  the  first  Monday 
in  May  and  October  in  each  year,  and  at  such  other  times 
as  it  may  determine,  on  petitions  for  changes  in  the  rules 
and  regulations  formulated  by  it.  If,  after  any  such  hear- 
ing, it  shall  deem  it  advisable  to  nmke  changes  in  said  rules 
and  regulations,  it  shall  appoint  a  day  for  a  further  hearing, 
and  shall  give  notice  thereof  and  of  the  changes  proposed  by 
advertising  in  at  least  one  newspaper  in  each  of  the  cities  of 
Boston,  Worcester,  Springfield,  Fall  River,  Lowell  and  Lynn, 
at  least  ten  days  before  said  hearing.  If  the  board  on  its 
own  initiative  contemplates  changes  in  said  rules  and  regu- 
lations, like  notice  and  a  hearing  shall  be  given  and  held 
before  the  adoption  thereof. 

Section  5.  Section  thirteen  of  said  chapter  one  hundred 
and  forty-eight  is  hereby  amended  by  striking  out  the  first 
paragraph,  as  most  recently  amended  by  section  one  of  chap- 
ter four  hundred  and  fifteen  of  the  acts  of  the  current  year, 
and  inserting  in  place  thereof  the  following  paragraph:  — 


Acts,  1945. —Chap.  710.  891 

No  building  or  other  structure  shall,  except  as  provided  in  License  for 
section  fourteen,  be  used  for  the  keeping,  storage,  manufac-  agef'e°tc!,^or" 
ture  or  sale  of  any  of  the  articles  named  in  section  nine,  un-  certain  articles, 
less  the  local  licensing  authoritj^  shall  have  granted  a  license 
to  use  the  land  on  which  such  building  or  other  structure  is 
or  is  to  be  situated  for  the  aforementioned  uses,  after  a  pub- 
lic hearing,  notice  of  the  time  and  place  of  which  hearing 
shall  have  been  given,  at  the  expense  of  the  applicant,  by 
the  clerk  of  the  city  or  of  the  local  licensing  authority,  by 
publication,  not  less  than  seven  days  prior  thereto,  in  a  news- 
paper published  in  the  English  language  in  the  city  or  town 
wherein  said  land  is  situated,  if  there  is  any  so  published 
therein,  otherwise  in  the  count}^  in  which  such  city  or  town 
lies,  and  also  by  the  applicant  by  registered  mail,  not  less 
than  seven  days  prior  to  such  hearing,  to  all  owners  of  real 
estate  abutting  on  said  land,  and  unless  the  application  for 
such  license  shall  have  endorsed  thereon  the  certificate  of 
approval  or  disapproval  of  the  head  of  the  fire  department. 
Such  license  shall,  from  the  time  of  the  granting  thereof  by 
the  licensing  authority,  be  deemed  a  grant  attaching  to  the 
land  described  therein  and  as  an  incident  of  ownership  thereof 
running  with  the  land  and  shall  not  be  deemed  to  be  merely 
a  personal  privilege.  Any  license  granted  hereunder,  or  any 
license  for  the  keeping,  storage,  manufacture  or  sale  of  any 
of  the  articles  named  in  section  nine,  granted  prior  to  July 
first,  nineteen  hundred  and  thirty-six,  including  any  license 
reinstated  and  continued  by  the  marshal  as  herein  provided, 
shall  remain  in  force  unless  and  until  revoked  as  hereinafter 
provided. 

Section  6.  The  second  paragraph  of  said  section  thirteen,  g.  l.  (Xer. 
as  most  recently  amended  by  section  one  of  chapter  three  ^tcil'amlAded^' 
hundred  and  ninetj-four  of  the  acts  of  nineteen  hundred  and 
thirty-six,  is  hereby  further  amended  by  striking  out,  in  the 
fourth  line,  the  words  ",  except  fireworks,  firecrackers  and 
torpedoes",  —  and  by  striking  out,  in  the  fifteenth  and  six- 
teenth lines,  the  word  "department"  and  inserting  in  place 
thereof  the  word:  —  board,  —  so  as  to  read  as  follows:  — 

The  owner  or  occupant  of  said  land  licensed  as  herein  pro-  Certificate 
vided,  and  the  holder  of  any  license  for  the  keeping,  storage,  °l  bTafed*'"" 
manufacture  or  sale  of  any  of  the  articles  named  in  section  witi»  city  or 
nine,  granted  prior  to  July  first,  nineteen  hundred  and  thirty-   °^"  c  er  -,  e  c. 
six,  including  any  license  reinstated  and  continued  by  the 
marshal  as  herein  provided,  shall  annually,  on  or  before  April 
thirtieth,  file  with  the  clerk  of  the  city  or  town  where  such 
license  is  to  be  or  has  been  exercised,  or  in  Boston,  with  the 
fire  commissioner,  or  in  Cambridge,  with  the  board  of  license 
commissioners,  a  certificate  of  registration  setting  forth  the 
name  and  address  of  the  holder  of  such  license;    provided, 
that  no  certificate  of  registration  shall  be  required  for  any 
building  used  as  a  garage  for  storing  not  more  than  three 
vehicles,  when  once  used  under  such  a  license.    The  board 
may  by  regulation  prescribe  the  amount  of  any  of  the  articles 
named  in  section  nine  that  may  be  kept  in  a  building  or  other 


892  Acts,  1945.  —  Chap.  710. 

structure  without  a  license  and  registration,  or  either  of  them. 
Such  fee  as  may  be  estabhshed  from  time  to  time  b}^  ordi- 
nance or  by-law  may  be  charged  for  any  such  license,  regis- 
tration or  certificate  of  the  head  of  the  fire  department, 
respectively;  provided,  that  the  fee  for  such  registration 
shall  be  not  more  than  one  half  of  the  amount  of  the  fee  for 
such  a  license. 
Fd)"i48"^^  15  Section  7.  The  third  paragraph  of  said  section  thirteen, 
ctc'aiuelided.'  as  most  rcccntly  amended  by  chapter  three  hundred  and 
thirty-three  of  the  acts  of  nineteen  hundred  and  thirty- 
nine,  is  hereby  further  amended  by  striking  out,  in  the  fifth 
and  sixth  lines,  the  words  "except  fireworks,  firecrackers 
and  torpedoes,",  —  so  as  to  read  as  follows:  — 
Reinstatement  The  marshal  may,  upon  application  and  after  a  public 
hearing,  reinstate  and  continue  in  force  and  effect  any 
license  granted  prior  to  July  first,  nineteen  hundred  and 
thirty-six,  for  the  keeping,  storage,  manufacture  or  sale  of 
any  of  the  articles  named  in  said  section  nine,  irrespective 
of  the  extent  of  the  use  and  occupancy  of  buildings  or  other 
structures  made  or  had  under  said  license  prior  to  the  date 
of  such  reinstatement  and  continuance,  anything  in  the  pro- 
visions of  this  chapter  to  the  contrary  notwithstanding, 
unless  prior  to  such  reinstatement  and  continuance  said 
license  has  been  revoked  for  cause  or  the  marshal  shall  have 
determined  that  a  fire  or  explosion  hazard  would  result 
from  the  exercise  of  such  license.  The  marshal  shall  give 
written  notice  of  such  application,  and  of  the  date  of  the 
hearing  thereon,  to  the  head  of  the  fire  department  of  the 
city  or  town  wherein  is  situated  the  land  to  which  such 
application  relates  and  shall,  after  such  hearing,  notify  in 
like  manner  the  clerk  of  such  city  or  town  of  the  action 
taken  on  such  application. 
EdV'  list's  13  Section  8.  The  fourth  paragraph  of  said  section  thir- 
etc!, 'amended.'  tccn,  as  amcnrlcd  by  section  one  of  chapter  three  hundred 
and  ninety-four  of  the  acts  of  nineteen  hundred  and  thirty- 
six,  is  hereby  further  amended  b}^  striking  out,  in  the  third 
and  fourth  lines,  the  words  "except  fireworks,  firecrack- 
ers and  torpedoes,",  —  and  by  striking  out  in  the  last  line 
the  word  "department"  and  inserting  in  place  thereof  the 
word:  —  board,  —  so  as  to  read  as  follows:  — 
Revocation  ^ny  liccnsc   granted   hereunder   or  any  license  for  the 

keeping,  storage,  manufacture  or  sale  of  any  of  the  articles 
named  in  section  nine,  granted  prior  to  July  first,  nineteen 
hundred  and  thirty-six,  including  any  license  reinstated  and 
continued  by  the  marshal  as  herein  provided,  may  be  re- 
voked for  cause,  after  notice  and  a  hearing  given  to  such 
owner  or  occupant,  by  the  local  licensing  authority  or  by 
the  marshal.  Any  building  or  structure  erected  or  main- 
tained under  any  of  the  aforementioned  licenses  shall  al- 
ways be  subject  to  such  replacements  and  alterations  in 
construction  and  to  such  regulations  of  its  use  in  respect  to 
protection  against  fire  or  explosion  as  the  board  may  pre- 
scribe. 


Acts,  1945.  —  Chap.  710.  893 

Section  9.     Section  twenty-one  of  said  chapter  one  hun-  g  l.  (Ter 
dred   and   forty-eight,   as   appearing   in   the   Tercentenarj'^  ameAded.' 
Edition,  is  hereby  amended  by  striking  out,  in  the  third 
hne,  the  word  "department"  and  inserting  in  place  thereof 
the  word:  —  board,  —  so  as  to  read  as  follows:  —  Section  Power  of 
£1.     The  superior  court  shall  have  jurisdiction  in  equity,  ^"P'^""'"  <^°"'"  • 
upon  the  petition  of  the  commonwealth  or  of  a  city  or  town, 
to  enforce  the  laws  of  the  commonwealth  and  the  regula- 
tions of  the  board  relative  to  the  blasting  of  rock,  stone  or 
other  substance  with  any  explosive. 

Section  10.     Section   twenty-two   of   said    chapter   one  g.  l.  (Ter. 
hundred  and  forty-eight,  as  so  appearing,  is  hereby  amended  AmeAded.'  ^  ^^' 
by  striking  out,  in  the  third  line,  the  word  "department" 
and  inserting  in  place  thereof  the  word :  —  board,  —  so  as 
to  read  as  follows:  —  Section  22.    Whoever  suffers  injury  by  Damages  for 
the  explosion  of  an  explosive  which  is  being  kept  or  trans-  of^'lxpiosives*"" 
ported  contrary  to  the  provisions  of  this  chapter  or  of  the 
regulations  of  the  board  may  recover  damages  therefor  in 
tort  against  the  persons  who  so  violate  said  provisions  or 
regulations.  , 

Section  11.     Section   twenty-five   of   said    chapter   one  g.  l.  (Ter. 
hundred  and  forty-eight,  as  so  appearing,  is  hereby  amended  ame/Jgl'  ^  ^^' 
by  striking  out,  in  the  third  line,  the  word  "marshal"  and 
inserting  in  place  thereof  the  word :  —  board,  —  so  as  to 
read  as  follows :  —  Section  25.     No  salamander  or  stove  for  salamanders 
drying  any  constructiqn  material  shall  be  used  in  any  build- 
ing except  under  such  conditions  as  may  be  prescribed  by 
the  board;    and  no  such  salamander  or  stove  shall  be  set 
upon  a  wooden  floor  unless  it  is  raised  above  the  floor  at 
least  four  inches  and  set  upon  brick  or  other  incombustible 
material  in  a  bed  of  sand  at  least  two  inches  thick,  spread 
upon  the  floor  and  covering  an  area  of  at  least  two  feet  in 
all  directions  larger  than  the  area  of  the  salamander  or 
stove. 

Section  12.  Section  twenty-eight  of  said  chapter  one  g.  l.  (Ter. 
hundred  and  forty-eight,  as  most  recently  amended  by  sec-  fte'^ 'amended^' 
tion  four  of  chapter  five  hundred  and  forty-six  of  the  acts 
of  nineteen  hundred  and  forty-three,  is  hereby  further 
amended  by  striking  out,  in  the  first  line,  as  appearing  in 
the  Tercentenary  Edition,  the  word  "department"  and  in- 
serting in  place  thereof  the  word :  —  board,  —  by  inserting 
after  the  word  "such"  in  said  line  the  words:  —  rules  and, 
—  by  striking  out,  in  the  third  and  fourth  lines,  the  words 
"remedying  any  condition  found  to  exist"  and  inserting  in 
place  thereof  the  words :  —  preventing  or  remedying  any 
condition,  —  by  inserting  after  the  word  "building"  in  the 
fourth  line  the  following: — ■,  structure,  —  by  striking  out, 
in  the  fifth  and  sixth  lines,  the  words  "in  respect  to  fires, 
the  prevention  of  fire  and  fire  hazard,"  and  inserting  in 
place  thereof  the  following :  —  which  may  tend  to  become  a 
fire  hazard  or  to  cause  a  fire,  —  by  striking  out  the  para- 
graph contained  in  the  twelfth  to  the  fourteenth  lines, 
inclusive,  as  appearing  in  the  Tercentenary  Edition,  and 


894 


Acts,  1945. —  Chap.  710. 


Rules  and 
regulations 
as  to  fires 
and  fire 
protection. 


inserting  in  place  thereof  the  following  paragraph:  —  B. 
Causing  all  means  of  egress  and  escape  from  fire,  including 
aisles,  stairways  and  fire  escapes,  to  be  kept  unobstructed, 
in  good  repair  and  ready  for  use  and  otherwise  in  conformity 
with  the  pertinent  provisions  of  section  twenty-one  of  chap- 
ter one  hundred  and  forty-three,  and,  if  so  required  by 
lawful  authority,  properly  lighted,  —  by  adding  after  the 
word  "furnaces"  in  the  twenty-first  line,  as  so  appearing, 
the  following :  —  ,  and  the  reporting  of  defective  or  improper 
chimneys,  flues,  smoke  pipes,  smoke  stacks,  and  the  im- 
proper installation  of  heating  devices,  to  the  proper  au- 
thority or  authorities  for  enforcement  of  the  laws  relative 
thereto,  —  and  by  adding  at  the  end  the  following  para- 
graph: —  M.  Requiring  the  head  of  the  fire  department  to 
report  any  defective  or  improper  electrical  wiring  or  equip- 
ment to  the  proper  authority  or  authorities  for  enforcement 
of  the  laws  relative  thereto,  —  so  as  to  read  as  follows :  — 
Section  28.  The  board  shall  make  such  rules  and  regula- 
tions, and  the  head  of  the  fire  department  shall  make  such 
orders  or  rules  not  inconsistent  therewith,  as  may  be  neces- 
sary for  the  purpose  of  preventing  or  remedying  any  condi- 
tion in  or  about  any  building,  structure  or  other  premises 
or  on  any  ship  or  vessel  which  may  tend  to  become  a  fire 
hazard  or  to  cause  a  fire,  but  limited,  except  as  otherwise 
provided,  to  the  following  subjects:  — 

A.  Requiring  the  keeping  of  portable  fire  extinguishers, 
buckets  of  water  or  other  portable  fire  extinguishing  devices 
on  any  premises  by  the  occupant  thereof,  and  prescribing 
the  number  and  situation  of  such  devices. 

B.  Causing  all  means  of  egress  and  escape  from  fire, 
including  aisles,  stairways  and  fire  escapes,  to  be  kept  un- 
obstructed, in  good  repair  and  ready  for  use  and  otherwise 
in  conformity  with  the  pertinent  provisions  of  section 
twenty-one  of  chapter  one  hundred  and  forty-three,  and,  if 
so  required  by  lawful  authority,  properly  lighted. 

C.  The  removal  of  any  vessel  moored  to  or  anchored 
near  any  dock  or  pier  if  such  vessel  is  in  danger  of  catching 
fire,  or  is  by  reason  of  its  condition  or  the  nature  of  its  cargo 
a  menace  to  shipping  or  other  property. 

D.  The  cleaning  of  chimney  flues  and  smoke  and  vent 
pipes  and  incinerators,  and  the  installation  of  spark  arresters 
in  incinerators  and  in  chimneys  connected  with  permanent 
wood-burning  furnaces,  and  the  reporting  of  defective  or 
improper  chimneys,  flues,  smoke  pipes,  smoke  stacks,  and 
the  improper  installation  of  heating  devices,  to  the  proper 
authority  or  authorities  for  enforcement  of  the  laws  relative 
thereto. 

E.  The  keeping  of  covered  metal  containers  as  recep- 
tacles for  waste  paper,  oily  rags  and  oily  waste,  and  metal 
containers  for  ashes. 

F.  The  use  of  self-closing  safety  cans  of  a  type  approved 
by  the  marshal  for  the  keeping  of  volatile  inflammable 
liquids. 


Acts,  1945.  —  Chap.  710.  895 

G.  Prohibiting  or  regulating  the  storage  in  any  lot,  build- 
ing, shed,  enclosure  or  other  structure,  of  any  empty  packing 
boxes,  cases,  or  barrels  in  such  quantity  as  to  amount  to  a 
fire  hazard,  and  regulating  the  height  of  piles  of  lumber  in 
lumber  yards. 

H.  Prohibiting  the  fumigation  of  warehouses,  factories 
or  commercial  buildings  by  the  use  of  any  volatile  inflam- 
mable liquid,  or  any  material  requiring  flame,  without  a 
permit  from  the  marshal  or  the  head  of  the  fire  department. 

I.  Prohibiting  or  regulating  smoking  in  factories,  work- 
shops, mercantile  establishments,  docks,  wharves  and  ware- 
houses. 

J.  Requiring  and  regulating  fire  drills  for  employees  of 
hospitals,  theatres  and  other  places  of  public  amusement, 
and  in  public  and  private  schools. 

K.  Requiring  proper  safeguards  to  be  placed  and  main- 
tained about  or  over  roof  skylights  and  about  outer  or  inner 
courts  or  shafts  at  the  roof  line. 

L.  Prohibiting  or  regulating  inflammable  decorations  in 
stores,  halls  and  places  of  assembly,  as  such  term  is  defined 
in  section  one  of  chapter  one  hundred  and  forty-three. 

M.  Requiring  the  head  of  the  fire  department  to  report 
any  defective  or  improper  electrical  wiring  or  equipment  to 
the  proper  authority  or  authorities  for  enforcement  of  the 
laws  relative  thereto. 

Section  13.    Section  thirty  of  said  chapter  one  hundred  Sj^IJo''""^  oq 
and  forty-eight,  as  so  appearing,  is  hereby  amended  by  strik-  amended.' 
ing  out,  in  the  second  and  in  the  ninth  lines,  the  word 
"department"  and  inserting  in  place  thereof,  in  each  in- 
stance, the  word :  —  board,  —  by  striking  out,  in  the  second 
and  in  the  ninth  lines,  the  words  "rule  or",  —  and  by  in- 
serting after  the  word  "or"  the  third  time  said  word  appears 
in  the  second  line,  and  after  the  word  "or"  in  the  tenth 
line,  in  each  instance,  the  words:  —  rule  or  order,  —  so  as 
to  read  as  follows :  —  Section  30.     Violation  of  any  lawful  Penalty. 
rule,  order  or  regulation  of  the  board  or  of  any  lawful  order 
of  the  marshal  or  rule  or  order  of  the  head  of  a  fire  depart- 
ment, punishment  whereof  is  not  otherwise  provided  for, 
shall  be  punished  by  a  fine  of  not  more  than  ten  dollars  for 
each  day  during  which  such  violation  continues  after  notice 
to  the  offender.     Such  notice  may  be  given  by  personal 
service  or  by  posting  the  same  in  a  conspicuous  place  on  the 
premises  affected  thereby.     The  superior  court  shall  have  jurisdiction  of 
jurisdiction  in  equity  to  enforce  any  lawful  rule,  order  or  superior  court. 
regulation  of  the  board,  or  any  lawful  order  of  the  marshal 
or  rule  or  order  of  the  head  of  a  fire  department,  upon  appli- 
cation respectively  of  the  commissioner,  the  marshal  or  the 
head  of  the  fire  department. 

Section  14.     Section   thirty-eight  of  said   chapter  one  g.  l.  (Ter. 
hundred  and  forty-eight,  as  so  appearing,  is  hereby  amended  amende!.'  ^  ^^' 
by  striking  out,  in  the  first  line,  the  word  "department"  and 
inserting   in   place   thereof   the   word :  —  board,  —  and   by 
striking  out  all  after  the  word  "applies",  in  the  third  line, 


896 


Acts,  1945.  —  Chap.  710. 


Rules  and 
regulations. 


G.  L.  (Ter. 
Ed.),  148, 
§  39A,  etc., 
amended. 


Rules  and 
regulations 
for  display 
of  fireworks. 


G.  L.  (Ter. 
Ed.),  148,  §  40, 
amended. 


Bonds  for 
certain  storage 
of  fireworks. 


—  SO  as  to  read  as  follows :  —  Section  38.  The  board  shall 
make  rules  and  regulations  governing  the  construction,  use 
and  maintenance  of  tanks  to  which  the  preceding  section 
applies. 

Section  15.  Section  thirty-nine  A  of  said  chapter  one 
hundred  and  forty-eight,  as  most  recently  amended  by  chap- 
ter two  hundred  and  fifty-six  of  the  acts  of  the  current  year, 
is  hereby  further  amended  by  striking  out,  in  the  second 
line,  the  word  "marshal"  and  inserting  in  place  thereof  the 
word:  —  board,  —  so  as  to  read  as  follows:  —  Section  39 A, 
The  board  shall  make  rules  and  regulations  for  the  granting 
of  permits  for  supervised  displays  of  fireworks  by  munici- 
palities, fair  associations,  amusement  parks  and  other  or- 
ganizations or  groups  of  individuals.  Such  rules  and  regu- 
lations shall  provide  in  part  that  (a)  every  such  display  shall 
be  handled  by  a  competent  operator  to  be  approved  by  the 
chief  of  the  fire  department  or  officer  or  officers  having  simi- 
lar powers  and  duties,  of  the  municipality  in  which  the  dis- 
play is  to  be  held  and  shall  be  of  such  a  character,  and  so 
located,  discharged  or  fired  as,  in  the  opinion  of  the  chief  of 
the  fire  department  or  the  officer  or  officers  having  similar 
powers  and  duties,  after  proper  inspection,  not  to  be  haz- 
ardous to  property  or  to  endanger  any  person  or  persons, 
(6)  application  for  permits  shall  be  made  in  writing  at  least 
fifteen  days  in  advance  of  the  date  of  the  display,  and  (c)  no 
permit  so  granted  shall  be  transferable. 

Section  16.  Section  forty  of  said  chapter  one  hundred 
and  forty-eight,  as  so  appearing,  is  hereby  amended  by  strik- 
ing out,  in  the  second  and  third  lines,  the  word  "depart- 
ment" and  inserting  in  place  thereof  the  word:  —  board,  — 
and  by  striking  out,  in  the  fifth  line,  the  word  "pubhc", 

—  so  as  to  read  as  follows :  —  Section  40.  No  person  shall 
store  fireworks  in  quantities  except  such  as  may  be  per- 
mitted by  the  rules  and  regulations  of  the  board  outside  the 
premises  of  a  fireworks  manufactory  in  any  building  or  other 
structure  located  within  one  thousand  feet  of  any  church, 
theatre,  hall,  place  of  assembly,  factory  or  any  inhabited 
building,  nor  shall  any  person  manufacture  fireworks,  unless 
he  has  previously  filed  with  the  clerk  of  the  city  or  town  in 
which  the  said  fireworks  are  to  be  manufactured  or  stored 
a  bond  running  to  the  treasurer  of  the  said  city  or  town  with 
a  surety  or  sureties  approved  by  the  said  treasurer,  in  such 
penal  sum,  not  less  than  ten  thousand  dollars,  as  the  mayor 
of  the  city  or  the  selectmen  of  the  town,  with  the  approval 
of  the  marshal,  shall  determine  to  be  necessary  to  cover  the 
losses,  damages  or  injuries  that  might  ensue  from  the  said 
manufacture  or  storage.  The  bond  shall  be  conditioned 
upon  the  payment  of  any  judgment  obtained  in  an  action 
against  said  person  so  manufacturing  or  storing  fireworks  for 
or  on  account  of  any  loss,  damage  or  injury  resulting  to 
persons  or  property  by  reason  of  the  said  manufacture  or 
wholesale  storage. 


Acts,  1945. —  Chap.  711.  897 

Section  17.  Section  forty-six  of  said  chapter  one  hun-  g.  l.  (Xcr. 
dred  and  forty-eight,  as  so  appearing,  is  hereby  amended  by  amcndetf.'  ^  ^^' 
striking  out  all  after  the  word  "under"  in  the  eleventh  line 
and  inserting  in  place  thereof  the  following :  —  rules  and 
regulations  prescribed  by  the  board.  The  flash  point  of  said 
compound  shall  be  ascertained  in  the  manner  prescribed  by 
such  rules  and  regulations,  —  so  as  to  read  as  follows:  — 
Section  4^.  No  person  shall  manufacture,  store,  keep  for  Explosive 
sale,  sell  or  transport  any  compound  for  use  as  a  stove  polish  ^'"^"^  p^'isi'. 
containing  any  liquid  or  compoimd  whatsoever  which  will 
emit  a  gas  that  will  flash  at  a  temperature  of  less  than  one 
hundred  and  forty  degrees  Fahrenheit,  except  that  foundry 
paste  which  contains  inflammable  compound,  if  packed  in 
metal  containers,  sealed  by  fusion  and  weighing  in  gross  not 
less  than  five  pounds,  and  if  such  container  is  labeled  "Dan- 
gerous —  Inflammable  compound  —  Keep  away  from  fire, 
heat  and  lights"  may  be  manufactured,  stored,  kept  for  sale, 
sold  or  transported  for  use  only  by  stove  foundries,  stove 
manufacturers  and  stove  dealers  on  their  own  premises  un- 
der rules  and  regulations  prescribed  b}^  the  board.  The  flash 
point  of  said  compound  shall  be  ascertained  in  the  manner 
prescribed  by  such  rules  and  regulations. 

Section  18.  Before  December  first,  nineteen  hundred  a^^'o^ntn^/ent 
and  forty-five,  the  governor,  with  the  advice  and  consent  terms. 
of  the  council,  shall  appoint  the  six  appointive  members  of 
the  board  of  fire  prevention  regulations  in  the  department 
of  public  safety,  with  the  qualifications  set  forth  in  section 
fourteen  of  chapter  twenty-two  of  the  General  Laws,  one  of 
whom  shall  be  appointed  for  the  term  of  one  year,  one  for 
the  term  of  two  years,  one  for  the  tei'iu  of  three  years,  one 
for  the  term  of  four  years,  one  for  the  term  of  five  years,  and 
one  for  the  term  of  six  years,  from  said  December  first. 

Section  19.     The  amendment  to  the  first  paragraph  of  Application  of 

,  .  c      1  1  1        1  1    (•  1  c  amendment  to 

section  thirteen  oi  chapter  one  hundred  and  lorty-eight  of  g.  l.  us,  §  i3, 
the  General  Laws  made  by  section  one  of  chapter  four  hun-    '^^^  paragrap  . 
dred  and  fifteen  of  the  acts  of  the  current  year  shall  apply 
only  to  licenses  subject  to  said  section  thirteen  granted  sub- 
sequently to  the  effective  date  of  said  chapter  four  hundred 
and  fifteen.  Approved  July  ^4,  1945. 


An  Act  relative  to  the  qualifications  of  applicants  Chart. 7 W 

FOR   registration   AS   VETERINARIANS. 

Be  it  enacted,  etc.,  as  follows: 

The  provisions  of  section  fifty-five  of  chapter  one  hun- 
dred and  twelve  of  the  General  Laws  relative  to  the  eligi- 
bility of  an  applicant  for  registration  as  a  qualified  veterina- 
rian, as  in  force  immediatel}'^  prior  to  January  first,  nineteen 
hundred  and  forty-two,  shall  continue  to  govern  as  to  any 
person   who   shall   have   matriculated   prior  to   September 


898  Acts,  1945. —  Chap.  712. 

twenty-fourth,  nineteen  hundred  and  forty-seven,  in  any 
legally  chartered  school  of  veterinary  medicine  having  power 
to  confer  degrees  in  veterinary  medicine. 

Approved  July  26,  1945. 


Chap. 7 12  An  Act  to  apportion  and  assess  for  the  fiscal  year 

COMMENCING  JULY  FIRST,  NINETEEN  HUNDRED  AND  FORTY- 
FIVE  AND  ENDING  JUNE  THIRTIETH,  NINETEEN  HUNDRED 
AND    FORTY-SIX    A    STATE    TAX    OF    FIVE   MILLION    DOLLARS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  There  shall  be  a  state  tax  for  the  fiscal  year 
commencing  July  first,  nineteen  hundred  and  forty-five 
and  ending  June  thirtieth,  nineteen  hundred  and  forty-six 
amounting  in  the  aggregate  to  five  million  dollars.  The 
cities  and  towns  in  the  commonwealth  shall  be  assessed  and 
charged  with,  and  shall  pay,  said  tax  in  the  proportions 
established  for  them,  respectively,  by  chapter  five  hundred 
and  fifty-nine  of  the  acts  of  nineteen  hundred  and  forty- 
five.  The  comptroller  shall,  as  soon  as  may  be,  prepare  a 
schedule  showing  the  sum  with  which  each  city  and  town 
is  charged  in  accordance  with  this  act  and  transmit  the  same 
to  the  commissioner  of  corporations  and  taxation,  who  shall 
verify  the  sums  appearing  in  such  schedule  and  as  soon  as 
may  be  thereafter  shall  certify  it  as  so  verified  to  the  state 
treasurer.  A  copy  of  the  schedule  as  so  verified  shall  be 
kept  in  the  office  of  said  commissioner  and  shall  be  open  to 
public  inspection. 

Section  2.  Upon  receipt  by  the  state  treasurer  from  said 
commissioner  of  said  schedule  as  verified  and  certified  by 
him,  said  treasurer  shall  forthwith  send  his  warrants  to  the 
selectmen  or  assessors  of  each  city  and  town  taxed  as  afore- 
said, requiring  them  respectively  to  assess  in  the  manner 
provided  in  section  twenty-one  of  chapter  fifty-nine  of  the 
General  Laws,  as  most  recently  amended  by  section  two  of 
chapter  three  hundred  and  seventy-six  of  the  acts  of  nine- 
teen hundred  and  thirty-six,  the  sum  so  charged. 

Section  3.  The  state  treasurer  in  his  warrant  shall  re- 
quire the  selectmen  or  assessors  to  pay,  or  issue  severally 
their  warrant  or  warrants  requiring  the  treasurers  of  their 
several  cities  and  towns  to  pay,  to  the  state  treasurer,  on 
or  before  June  twentieth  in  the  year  nineteen  hundred  and 
forty-six,  the  sums  with  which  their  respective  cities  and 
towns  are  charged  as  provided  in  section  one;  and  the 
selectmen  or  assessors,  respectively,  shall  return  a  certifi- 
cate of  the  names  of  the  treasurers  of  their  several  cities 
and  towns,  with  the  sum  which  each  may  be  required  to 
collect,  to  the  state  treasurer  at  some  time  before  June  first 
in  the  year  nineteen  hundred  and  forty-six. 

Section  4.  If  the  amount  due  from  any  city  or  town,  as 
provided  in  this  act,  is  not  paid  to  the  state  treasurer  within 
the  time  specified,  the  state  treasurer  shall  notify  the  treas- 


Acts,  1945. —  Chap.  713.  899 

urer  of  such  delinquent  city  or  town,  who  shall  pay  into  the 
treasury  of  the  commonwealth,  in  addition  to  the  tax,  such 
further  sum  as  would  be  equal  to  one  per  cent  per  month 
during  the  delinquency  from  and  after  June  twentieth  in  the 
year  nineteen  hundred  and  forty-six;  and  if  the  same  re- 
mains unpaid  after  July  first  in  the  year  nineteen  hundred 
and  forty-six,  an  information  may  be  filed  by  the  state  treas- 
urer in  the  supreme  judicial  court,  or  before  any  justice 
thereof,  against  such  delinquent  city  or  town;  and  upon 
notice  to  such  city  or  town,  and  a  summary  hearing  thereon, 
a  warrant  of  distress  may  issue  against  such  city  or  town  to 
enforce  the  payment  of  said  taxes  under  such  penalties  as 
the  court  or  the  justice  thereof  before  whom  the  hearing  is 
had,  shall  order.  The  state  treasurer  may  deduct  at  any 
time  from  any  moneys  which  may  be  due  from  the  common- 
wealth to  any  city  or  town  the  whole  or  any  part  of  the  tax 
in  this  act  apportioned  or  any  other  tax  or  charge  which 
may  be  due  to  the  commonwealth  from  such  city  or  town, 
with  the  interest  accrued  thereon. 

Approved  July  25,  1945. 


An  Act  temporarily  increasing  the  penalty  for  lar-  Chap. 7 IS 

CENY    OF   poultry   AND    CERTAIN   DOMESTIC   ANIMALS. 

Whereas,  In  view  of  the  current  mass  depredations  of  do-  Emergency 
mestic  animals,  fowl  and  birds  belonging  to  citizens  of  the  p^'e^'^bie. 
commonwealth  it  is  necessary  that  the  increased  penalties 
for  such  actions,  as  provided  by  this  act,  take  effect  immedi- 
ately; therefore,  it  is  hereby  declared  to  be  an  emergency 
law,  necessary  for  the  immediate  preservation  of  the  public 
health,  safety  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Any  provision  of  section  thirty  of  chapter 
two  hundred  and  sixty-six  of  the  General  Laws  to  the  con- 
trary notwithstanding,  whoever  while  this  act  is  in  force 
steals  any  animal,  beast  or  bird  which  is  ordinarily  kept  in 
confinement  and  is  not  the  subject  of  larceny  at  common  law, 
and  specifically  any  person  who  steals  neat  cattle,  sheep, 
goats  or  poultry,  of  another  shall,  if  the  value  thereof  does 
not  exceed  the  sum  of  one  hundred  dollars,  be  punished  by 
imprisonment  in  a  jail  or  house  of  correction  for  not  less  than 
six  months  and  if  the  value  thereof  exceeds  one  hundred  dol- 
lars, shall  be  punished  by  imprisonment  in  a  jail  or  house  of 
correction  for  not  less  than  one  year.  The  stealing  of  each 
animal,  beast  or  bird  shall  be  a  separate  offense  under  this 
section. 

Section  2.  This  act  shall  be  in  force  until  the  termina- 
tion of  the  present  states  of  war  between  the  United  States 
and  certain  foreign  countries  and  for  six  months  thereafter. 

Approved  July  26,  1945. 


900  Acts,  1945. —  Chap.  714. 


Chap. 7 14c  An  Act  establishing  an  unpaid  special  commission  to 

PROVIDE    FOR    THE    PREPARATION    OF   A    SUITABLE    HISTORY 
OF  MASSACHUSETTS'  PART  IN  WORLD  WAR  II. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  adjutant  general,  the  state  secretary, 
and  the  state  librarian  as  chairman,  are  hereby  appointed  a 
special  commission  to  have  general  supervision  of  the  com- 
piling, editing  and  writing  of  a  fitting  chronicle  of  Massa- 
chusetts' part  in  World  War  II. 

Section  2.  Said  commission  may  appoint  an  official  his- 
torian and  staff,  and  engage  such  clerical  assistants  as  may 
be  required  for  carrying  out  the  purposes  of  this  act. 

Section  3.  Said  commission  is  hereby  directed  to  com- 
pile an  appropriate  record  of  Massachusetts  men  who  died 
during  World  War  II  while  in  the  military  or  naval  service 
of  the  United  States  of  America  or  of  the  commonwealth  of 
Massachusetts,  or  in  the  military  or  naval  forces  of  any 
foreign  power  associated  with  the  United  States  of  America 
in  World  War  II.  Said  record  shall  be  known  as  the  Gold 
Star  Record  of  Massachusetts  in  World  War  II.  It  shall 
be  in  sufficient  detail  to  establish  the  identity  of  each  such 
deceased  soldier,  sailor  or  marine,  and  to  enable  a  reasonable 
estimate  to  be  made  of  the  service  rendered  by  him  to  the 
commonwealth,  and  shall  set  forth,  among  other  things,  his 
service  record,  residence,  birthplace  and  age,  and  nearest 
relative. 

Section  4.  Said  commission  is  hereby  further  directed 
to  compile  and  publish  the  history  of  Massachusetts'  part 
in  the  war  effort  based  on  data  from  the  following  sources: 

(a)  All  special  legislation  pertaining  to  war  activities. 

(h)  Executive  orders  issued  by  the  governor. 

(c)  All  the  newspapers  of  the  commonwealth,  indexed  to 
locate  readily  war  news  of  local  importance. 

(d)  Files  and  records  of  state  departments  relating  to  the 
war. 

(e)  Mihtary  operations  within  the  commonwealth,  such 
as  the  training  of  troops  at  Fort  Devens,  Camp  Edwards 
and  Westover  Field;  the  operations  of  the  United  States 
Navy  and  Coast  Guard  and  the  Merchant  Marine  within 
the  commonwealth  and  adjacent  waters;  the  training  of 
young  men  for  various  branches  of  the  service  in  the  schools 
and  colleges  of  the  commonwealth;  and  the  operation  of 
the  Boston  Port  of  Embarkation. 

(/)  War  production.  The  records  of  shipbuilding,  manu- 
facture of  arms  and  munitions  and  other  equipment  for  war. 

(g)  Food  production  and  rationing. 

(h)  Civilian  war  activities  such  as  the  Committee  on  Pub- 
lic Safety,  Civilian  Air  Reserve,  vocational  education  for 
war  workers,  war  bond  sales.  Red  Cross  and  War  Fund 
contributions,  hospital  services  and  nursing  aides,  paper 
salvage,  and  the  U,  S.  O. 


Acts,  1945. —  Chap.  715.  901 

Said  history  shall  also  include  such  other  historical  data 
as  may  properly  recognize  the  services  of  Massachusetts 
citizens  pertaining  to  the  war  effort. 

Section  5.  For  the  purpose  of  meeting  expenditures 
authorized  by  this  act,  said  commission  may  expend  such 
sums,  not  exceeding,  in  the  aggregate,  twenty-five  thousand 
dollars  as  may  from  time  to  time  be  appropriated  therefor. 

Approved  July  25,  1945. 


An  Act  to  provide  for  absent  registration  for  voting  Qfidj)  7^5 

BY  those  who  by  REASON  OF  PHYSICAL  DISABILITY  ARE 
UNABLE  TO  MAKE  APPLICATION  IN  PERSON  AT  SESSIONS 
CALLED   FOR   THE   PURPOSE   OF   REGISTERING   VOTERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  twelve  of  chapter  fifty-one  of  the  q.  l.  (Ter. 
General  Laws,  as  amended  by  section  ten  of  chapter  four  eu.:|\u,l;ndMi'. 
hundred  and  forty  of  the  acts  of  nineteen  hundred  and 
thirty-eight,  is  hereby  further  amended  by  adding  at  the 
end  thereof  the  following  sentence :  —  The  provisions  of  this  Application. 
section  shall  not  apply  in  the  case  of  registrations  under 
section  forty-two  A. 

Section  2,      Said    chapter    fifty-one    is    hereby    further  g.  l.  (Ter. 
amended  by  inserting  after  section  twenty-two,  as  amended,  §  2'2a,  added, 
the  following  section :  —  Section  22 A .    In  every  city  and  in  Absent  regis- 
every  town  the  registrars  of  voters,  or  in  case  the  selectmen  *^'"'"^*'°"  °  °*''"®- 
constitute  the  board  of  registrars  of  voters,  the  selectmen, 
shall  seasonably,  before  every  election  at  which  absent  vot- 
ing is  permitted,  appoint  a  sufficient  number  of  absent  regis- 
tration officers  to  attend  persons  claiming  to  have  the  quali- 
fications for  voting  in  their  respective  cities  and  towns,  but 
who,  by  reason  of  physical  disability,  are  unable  to  apply  for 
registration  in  person  at  a  session  called  for  the  purpose  of 
registering  voters,  to  examine  such  persons  relative  to  their 
qualifications  for  voting  and  to  register  such  of  said  persons 
as  they  find  to  be  qualified.    Such  absent  registration  officers 
shall  be  appointed  from  the  enrolled  voters  of  their  respec- 
tive cities  and  towns  and  shall,  as  nearly  as  may  be,  equally 
represent  the  two  leading  political  parties. 

Absent  registration  officers  appointed  under  this  section  Powers  and 
shall,  in  the  performance  of  their  duties,  have  all  the  powers,  'duties. 
and  be  subject  to  all  the  obligations  and  penalties,  of  regis- 
trars of  voters,  but  their  doings  shall  be  under  the  direction, 
and  subject  to  the  revision  and  acceptance,  of  the  registrars 
of  voters.  Notwithstanding  the  provisions  of  section  twenty- 
five  of  this  chapter,  persons  appointed  as  absent  registration 
officers  may  also  be  appointed  and  serve,  as  election  officers 
under  chapter  fifty-four. 

Section  3.      Said    chapter    fifty-one    is    hereby    further  o.  l.  (Ter. 
amended  b}'  striking  out  section  twenty-three,  as  amended  fie.' 'amended. 
by  section  nineteen  of  chapter  four  hundred  and  fifty-three 
of  the  acts  of  nineteen  hundred  and  forty-three,  and  insert- 


902 


Acts,  1945. —Chap.  715. 


Registration 
officers,  oath, 
etc. 


G.  L.  (Ter. 
Ed.).  51,  §  42, 
amended. 


Certain  persons 
must  apply 
for  registration 
in  person. 


G.  L.  (Ter. 
Ed.),  51,  new 
§  42A,  added. 

Applications 
for  absent 
registration 
because  of 
physical  disa- 
bility. 


ing  in  place  thereof  the  following  section :  —  Section  23.  The 
registrars,  assistant  registrars  and  absent  registration  officers 
shall,  before  entering  upon  their  official  duties,  each  take 
and  subscribe  an  oath  faithfully  to  perform  the  same.  They 
shall  receive  such  compensation  as  the  city  council  or  select- 
men may  determine;  but  such  compensation  shall  not  be 
regulated  by  the  number  of  names  listed  or  registered  by 
them,  as  the  case  may  be,  and  a  reduction  of  compensation 
shall  apply  only  to  registrars,  assistant  registrars  and  absent 
registration  officers  appointed  thereafter.  The  city  council 
or  selectmen  shall  provide  them  suitable  rooms,  necessary 
assistance  and,  when  required,  transportation.  The  city  or 
town  clerk,  when  a  member  of  the  board  of  registrars,  shall 
act  as  clerk  thereof,  and  shall  keep  a  full  and  accurate  record 
of  its  proceedings  and  shall  cause  such  notices  as  the  regis- 
trars may  require  to  be  properly  given. 

Section  4.  Said  chapter  fifty-one  is  hereby  further 
amended  by  striking  out  section  forty-two,  as  appearing 
in  the  Tercentenary  Edition,  and  inserting  in  place  thereof 
the  following  section :  —  Section  1^2.  Except  as  provided  by 
section  forty-two  A,  every  person  whose  name  has  not  been 
entered  in  the  annual  register  in  accordance  with  section 
thirty-four,  thirty-five  or  thirty-seven,  or  a  corresponding 
provision  of  law  applicable  to  a  city  or  town  having  a  list- 
ing board,  must,  in  order  to  be  registered,  apply  in  person 
for  registration  and  prove  that  he  is  qualified. 

Section  5.  Said  chapter  fifty-one  is  hereby  further 
amended  by  inserting  after  section  forty-two  the  following 
section :  —  Section  4^ A .  Any  person  claiming  to  have  the 
qualifications  for  voting  in  any  city  or  town  who,  by  reason 
of  physical  disability,  is  unable  to  apply  in  person  for  regis- 
tration at  a  session  called  for  the  purpose  of  registering 
voters  may  make  application,  in  writing,  to  the  registrars 
of  voters  of  such  city  or  town  for  registration  in  the  man- 
ner hereinafter  provided.  Applications  for  registration  un- 
der this  section  shall  be  made  on  forms  provided  by  said 
registrars  and  worded  substantially  as  follows :  — 

I, ,  hereby  make  application  for  registration 

as  a  voter and  believe  that  I  have  the 

(street  and  number) 

qualifications  for  voting  at  elections  held  therein,  but  I  am  unable 

by  reason to  appear  in  person  and 

(state  nature  of  physical  disability) 

register  as  a  voter. 

I  will  be  available  for  examination  as  to  my  qualifications  for  voting 

at .••:••.• •  •  •. 

(street  and  number  of  residence  or  name  of  institution  where  applicant  is  confined) 


Date 


Signed  under  penalties  of  perjury. 


(Name  of  applicant) 


The  registrars  shall  seasonably  after  receipt  of  an  applica- 
tion for  registration  under  this  section  detail  two  absent 


Acts,  1945. —  Chap.  715.  903 

registration  officers,  equally  representing  the  two  leading 
political  parties,  to  visit  the  person  making  the  same  and 
the  said  officers,  if  satisfied  that  the  applicant  is  unable  by 
reason  of  physical  disability  to  apply  in  person  for  registra- 
tion, shall  proceed  to  examine  him  as  to  his  qualifications 
for  voting  in  the  manner  provided  by  this  chapter.  No 
such  person  shall  be  so  examined  after  the  close  of  regis- 
tration nor  in  any  city  or  town  other  than  that  in  which  he 
claims  the  right  to  vote;  provided,  that,  if  the  applicant  is 
in  the  military  or  naval  service  of  the  United  States,  he  may 
be  so  examined  not  less  than  three  days  before  an  election 
and,  if  he  is  found  to  be  qualified,  a  certificate  of  his  regis- 
tration shall  be  attached  to  the  voting  list  prepared,  under 
section  fifty-five,  for  use  thereat. 

Section  6.  Said  chapter  fifty-one  is  hereby  further  g.  l.  (Ter. 
amended  by  striking  out  section  forty-four,  as  most  re-  ^tt^'amendtd. 
cently  amended  by  section  twenty-eight  of  chapter  four 
hundred  and  fifty-three  of  the  acts  of  nineteen  hundred 
and  forty-three,  and  inserting  in  place  thereof  the  follow- 
ing section:  —  Section  44-  The  registrars,  or  absent  regis-  Examiuation 
tration  officers,  as  the  case  may  be,  shall  examine  on  oath  f'orTegk'tration. 
each  applicant  for  registration  relative  to  his  qualifications 
as  a  voter  and  shall,  unless  such  applicant  is  prevented  by 
physical  disability,  require  him  to  write  his  name  in  the 
general  register  and  to  read  in  such  a  manner  as  to  show 
that  he  is  neither  prompted  nor  reciting  from  memory. 
Registrars  shall  be  provided  by  the  state  secretary  with  a  Reading  slips, 
copy  of  the  constitution  of  the  commonwealth  printed  in  *'*^'^' 
English  on  uniform  pasteboard  slips,  each  containing  five 
lines  of  said  constitution,  printed  in  type  of  a  size  not  less 
than  twenty-four  point,  and  with  a  box  so  constructed  as 
to  conceal  them  from  view.  The  registrars  shall  place  said 
slips  in  such  box  and,  except  in  the  case  of  an  applicant 
under  section  forty-two  A,  shall  require  each  applicant  to 
draw  one  of  said  slips  from  the  box  and  read  aloud,  in  full 
view  and  hearing  of  the  registrars,  the  five  lines  printed 
thereon.  Each  slip  shall  be  returned  to  the  box  after  the 
reading  has  been  finished  and  the  contents  of  the  box  shall 
be  shaken  up  by  the  registrars  before  another  drawing  is 
made.  In  the  case  of  an  application  under  section  forty- 
two  A,  the  absent  registration  officers  detailed  to  visit  the 
applicant  shall  be  provided  by  the  registrars  with  not  less 
than  twenty  of  such  slips  which,  during  the  examination  of 
the  applicant,  shall  be  held  by  one  of  said  officers  in  such 
a  manner  that  the  words  printed  thereon  cannot  be  seen  by 
said  applicant.  The  said  officers  shall  then  require  the  ap- 
plicant to  draw  one  of  said  slips  and,  unless  he  is  prevented 
by  physical  disability,  to  read  aloud  the  five  lines  printed 
thereon  in  the  manner  herein  provided.  Except  as  herein 
otherwise  provided,  no  person  failing  to  read  the  constitu- 
tion as  printed  on  the  slip  thus  drawn  shall  be  registered  as 
a  voter.  Except  as  herein  otherwise  provided,  the  registrars 
shall  keep  said  slips  in  said  box  at  all  times.    The  state  sec- 


904 


Acts,  1945.  —  Chap.  715. 


G.  L.  (Ter. 
Ed.),  51,  §  45, 
etc.,  anieiuled. 


Registration 
of  naturalized 
citizens. 


G.  L.  (Ter. 
Ed.),  51,  §  40, 
amended. 


Registration 
of  minors. 


G.  L.  (Ter. 
Ed.),  51,  §  47, 
amended. 


Applicant  to 
be  notified  of 
objection,  etc. 


retary  shall  upon  request  provide  new  slips  to  replace  those 
worn  out  or  lost. 

Section  7.  Said  chapter  fifty-one  is  hereby  further 
amended  by  striking  out  section  forty-five,  as  most  re- 
cently amended  by  chapter  one  hundred  and  eight  of  the 
acts  of  nineteen  hundred  and  forty-three,  and  inserting  in 
place  thereof  the  following  section :  —  Section  45.  If  an  ap- 
plicant for  registration  claims  to  be  a  naturalized  citizen  or 
to  derive  citizenship  through  the  naturalization  or  citizen- 
ship of  another,  the  registrars,  or  absent  registration  officers, 
as  the  case  may  be,  shall  require  him  to  produce  for  inspec- 
tion the  papers  of  naturalization,  certificate  of  citizenship 
made  under  federal  authority  or  any  other  papers  on  which 
he  relies  and  shall,  if  satisfied  that  the  applicant  is  a  citizen, 
make  upon  such  papers  a  memorandum  of  their  inspection. 
If  such  papers  have  once  been  examined  and  record  thereof 
made  in  the  general  register,  the  registrars,  or  absent  regis- 
tration officers,  as  the  case  may  be,  need  not  again  require 
their  production. 

Section  8.  Said  chapter  fifty-one  is  hereby  further 
amended  by  striking  out  section  forty-six,  as  appearing  in 
the  Tercentenary  Edition,  and  inserting  in  place  thereof  the 
following  section :  —  Section  46.  If  upon  examination  the 
registrars,  or  absent  registration  officers,  as  the  case  may  be, 
are  satisfied  that  an  applicant  for  registration  has  all  the 
qualifications  of  a  voter  except  that  of  age,  and  that  he  will 
on  or  before  the  day  of  next  election  or  town  meeting  attain 
full  age,  they  shall  place  his  name  on  the  register. 

Section  9.  Said  chapter  fifty-one  is  hereby  further 
amended  by  striking  out  section  forty-seven,  as  so  appear- 
ing, and  inserting  in  place  thereof  the  following  section :  — 
Section  47.  If  the  registrars  decline  to  register  the  name  of 
a  person  who  has  been  examined  for  registration  and  re- 
ported to  them  by  a  registrar  or  absent  registration  officer, 
they  shall  notify  such  applicant  of  their  refusal,  and  give 
him  a  reasonable  opportunity  to  be  heard  by  them  on  his 
application.  They  shall  upon  the  rejection  of  an  applicant 
forthwith  inform  him  thereof.         Approved  July  25,  1945. 


The  Commonwealth  of  Massachusetts, 
Executive  Department,  State  House, 

Boston,  August  2,  1945. 

Honorable  Frederic  W.  Cook,  Secretary  of  the  Commonwealth, 
State  House,  Boston. 

Sir  :  —  I,  Maurice  J.  Tobin,  by  virtue  of  and  in  accordance 
with  the  provisions  of  the  Forty-eighth  Amendment  to  the 
Constitution,  "The  Referendum  II,  Emergency  Measures", 
do  declare  that  in  my  opinion,  the  immediate  preservation 
of  the  public  convenience  requires  that  the  law  passed  on 
the  25th  day  of  July  in  the  year  nineteen  hundred  and  forty- 
five  entitled,  "An  Act  to  Provide  for  Absent  Registration 
for  Voting  by  those  Who  by  reason  of  Physical  Disability 


Acts,  1945.  —  Chaps.  716,  717.  905 

are  unable  to  make  Application  in  Person  at  Sessions  called 
for  the  Purpose  of  Registering  Voters"  should  take  effect 
forthwith  and  that  it  is  an  emergency  law  and  that  the  facts 
constituting  the  emergency  are  as  follows: 

Because  it  is  urgent  that  the  provisions  of  the  act  take 
effect  at  once  so  that  persons  who  by  reason  of  physical  dis- 
ability are  unable  to  make  application  in  person  at  sessions 
called  for  the  purpose  of  registering  voters  may  be  registered 
forthwith  through  absent  registration  as  provided  by  the  act 
and  become  qualified  to  vote  at  elections  in  the  current  year. 
Very  truly  yours, 

Maurice  J.  Tobin, 
Governor  of  the  Commonwealth. 

Office  of  the  Secretary,  Boston,  August  2,  1945, 

I  hereby  certify  that  the  accompanying  statement  was 
filed  in  this  office  by  His  Excellency  the  Governor  of  the 
Commonwealth  of  Massachusetts  at  four  o'clock  and  ten 
minutes,  p.m.,  on  the  above  date,  and  in  accordance  with 
Article  Forty-eight  of  the  Amendments  to  the  Constitution 
said  chapter  takes  effect  forthwith,  being  chapter  seven  hun- 
dred and  fifteen  of  the  acts  of  nineteen  hundred  and  forty- 
five. 

F.  W.  Cook, 
Secretary  of  the  Commonwealth. 


Chap. 7 16 


An   Act   providing   for   the   dredging   of   belle   isle 

CREEK  between  BOSTON  HARBOR  AND  CHELSEA  CREEK. 

Be  it  enacted,  etc.,  as  follows: 

The  state  department  of  public  works  is  hereby  author- 
ized and  directed  to  dredge  Belle  Isle  creek  located  between 
Boston  harbor  and  Chelsea  creek ;  and  for  such  purpose  may 
expend  such  necessary  funds  as  are  available  under  item 
3132-13  of  section  two  of  chapter  four  hundred  and  four  of 
the  acts  of  the  current  year.  Approved  July  25,  1945. 


An  Act  to  increase  certain  weekly  benefits  under  (JJkjj)  717 

THE    workmen's    COMPENSATION    LAW.  ^  ' 

Be  it  enacted,  etc.,  as  follows.' 

Chapter  one  hundred  and  fifty-two  of  the  General  Laws  is  g.  t,.  (Tcr. 
hereby  amended  by  striking  out  sections  thirty-four,  thirty-  Fs'g^^gfx  3.5 
four  A  and  thirty-five,  as  amended,  and  inserting  in  place  amended,  ami ' 
thereof  the  four  following  sections :  —  Section  3/, .    While  the  added.'^'^^' 
incapacity  for  work  resulting  from  the  injury  is  total,  the  Total  inca- 
insurer  shall  pay  the  injured  employee  a  weekly  compensa-  p'^"*^- 
tion  equal  to  two  thirds  of  his  average  weekly  wages,  but  not 
more  than  twenty-two  dollars  nor  less  than  fifteen  dollars  a 
week  unless  the  weekly  wages  of  the  injured  employee  are 
less  than  fifteen  dollars,  in  which  case  said  weekly  compen- 


906 


Acts,  1945. —  Chap.  718. 


Payments  for 
permanent  and 
total  disability. 


Partial  in- 
capacity, 
amount  of 
payments. 


Additional 
payments  to 
certain  em- 
ployees. 


sation  shall  be  equal  to  his  average  weekly  wages;  provided, 
that  the  amount  does  not  exceed  seventy-five  hundred  dollars. 

Section  SJ^A .  While  the  incapacity  for  work  resulting  from 
the  injury  is  both  permanent  and  total,  the  insurer  shall  pay 
to  the  injured  employee,  following  pajonent  of  the  maximum 
amount  of  compensation  provided  in  sections  thirty-four  and 
thirty-five,  or  either  of  them,  a  weekly  compensation  equal 
to  one  half  of  the  average  weekly  wages,  but  not  more  than 
twenty-two  dollars  nor  less  than  fifteen  dollars,  during  the 
continuance  of  such  permanent  and  total  incapacity.  Ap- 
plication for  payments  under  this  section  may  be  made  by 
an  injured  employee  before  he  has  received  the  maximum 
compensation  to  which  he  is  or  may  be  entitled  under  the 
aforesaid  sections. 

In  any  proceeding  brought  by  the  insurer  to  discontinue 
compensation  under  this  section,  a  member  or  the  reviewing 
board  may,  after  hearing,  order  the  insurer  to  continue  pay- 
ments to  the  injured  employee  hereunder.  The  reasonable 
costs  of  such  proceeding,  including  therein  reasonable  coun- 
sel fees  and  witness  fees  of  physicians  appearing  at  such  pro- 
ceeding, shall  be  determined  by  the  board  and  shall  be  paid 
by  the  insurer. 

Section  35.  While  the  incapacity  for  work  resulting  from 
the  injury  is  partial,  the  insurer  shall  pay  the  injured  em- 
ployee a  weekly  compensation  equal  to  the  entire  difference 
between  his  average  weekly  wage  before  the  injury  and  the 
average  weekly  wage  he  is  able  to  earn  thereafter,  but  not 
more  than  twenty-two  dollars  a  week;  and  the  amount  of 
such  compensation  shall  not  be  more  than  seventy-five  hun- 
dred dollars. 

Section  35 A.  Where  the  employee  has  dependents,  the 
sum  of  two  dollars  and  fifty  cents  shall  be  added  to  the 
weekl}^  compensation  under  sections  thirty-four,  thirty-four  A 
and  thirty-five,  for  each  person  wholly  dependent,  as  defined 
in  section  thirty-two,  but  in  no  case  exceeding  his  weekly 
wage  at  the  time  of  injury.  Approved  July  25,  1945. 


Chap. 7 18  An  Act  providing  for  the  dredging  by  the  port  of 

BOSTON  authority  OF  A  CHANNEL  FROM  QUINCY  BAY  TO 
THE  WOLLASTON  AND  SQUANTUM  YACHT  CLUBS,  OF  A 
BASIN  IN  FRONT  OF  SAID  CLUBS  AND  OF  A  CHANNEL  IN  THE 
WEYMOUTH    FORE    RIVER. 

Be  it  enacted,  etc.,  as  follows: 

The  Port  of  Boston  Authority  is  hereby  authorized  to 
dredge  a  channel  for  a  distance  of  approximately  six  tenths 
of  a  mile,  to  a  depth  of  not  less  than  six  feet  at  mean  low 
water,  extending  from  Quincy  bay  southwesterly  to  the 
area  in  front  of  the  Wollaston  Yacht  Club  and  the  Squan- 
tum  Yacht  Club,  located  on  the  Quincy  shore  reservation, 
and  to  dredge  a  basin  in  said  area  to  a  depth  of  not  less  than 
eight  feet  at  mean  low  water.    The  said  Authority  is  hereby 


Acts,  1945. —  Chap.  719. 


907 


further  authorized  to  dredge  a  channel  in  the  Weymouth 
Fore  river  in  the  towns  of  Weymouth  and  Braintree,  to  a 
depth  of  not  less  than  six  feet  at  mean  low  water  and  to  a 
width  of  not  less  than  fifty  feet,  extending  from  a  point 
approximately  five  hundred  yards  easterly  of  the  Quincy 
Avenue  bridge  to  a  point  approximately  three  hundred 
yards  westerly  thereof,  and  to  accept  such  contributions 
towards  the  cost  of  the  work  authorized  by  this  act  as  may 
be  agreed  upon.  Approved  July  25,  1945. 


An  Act  providing  for  the  payment  in  the  fiscal  year  Chap. 11^ 

ENDING  JUNE  THIRTIETH,  NINETEEN  HUNDRED  AND  FORTY- 
SIX  BY  THE  COMMONWEALTH  TO  ITS  MUNICIPALITIES  OF  A 
PORTION  OF  THE  HIGHWAY  FUND  TO  BE  EXPENDED  BY 
THEM    FOR    LOCAL   HIGHWAY    PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  There  shall  be  paid,  without  further  appro- 
priation, from  the  Highway  Fund  to  the  cities  and  towns 
of  the  commonwealth  the  sum  of  five  million  dollars  as 
early  as  may  be  in  the  fiscal  year  ending  June  thirtieth, 
nineteen  hundred  and  forty-six.  The  amounts  to  be  paid 
the  several  cities  and  towns  shall  be  as  shown  in  the  follow- 
ing schedule :  — 


Barnstable  Cotjntt. 


Barnstable 

Bourne    . 

Brewster 

Chatham 

Dennis    . 

Eastham 

Falmouth 

Harwich 

Mashpee 

Orleans   . 

Province  town 

Sandwich 

Truro 

WeUfleet 

Yarmouth 

Total 


Berkshire  County. 


Adams 

Alford     . 

Becket    . 

Cheshire 

Clarksburg 

Dalton    . 

Egremont 

Florida    . 

Great  Barringtc 

Hancock 

Hinsdale 

Lanesborough 

Lee 

Lenox 


$26,530  47 

9,903 

86 

3,324  25 

6,329  08 

6,715 

34 

3,045  82 

21,154 

61 

9,979  61 

1,984 

23 

4,404  29 

4,728  54 

5,141 

63 

2,512 

66 

3,174  25 

7,111 

70 

$116,040  34 

$9,972  32 

1,094  74 

3,545 

28 

2,928 

97 

1,245 

28 

6,090 

13 

2,323 

18 

3,095 

82 

9,030 

69 

1,761 

59 

2,384 

23 

3,045 

82 

5,582 

73 

5,154  29 

908 


Acts,  1945. —  Chap.  719. 


Berkshire  County  —  Concluded. 


Monterey 

Mount  Washington 

New  Ashford    . 

New  Marlborough 

North  Adams  . 

Otis 

Peru 

Pittsfield 

Richmond 

Sandisfield 

Savoy 

Sheffield 

Stockbridge 

Tyringham 

Washington 

West  Stockbridge 

Williamstown  . 

Windsor 

Total 


Acushnet 

Attleboro 

Berkley  . 

Dartmouth 

Dighton 

Easton    . 

Fairhaven 

Fall  River 

Freetown 

Mansfield 

New  Bedford 

North  Attleborough 

Norton    . 

Raynham 

Rehoboth 

Seekonk 

Somerset 

Swansea 

Taunton 

Westport 

Total 


Chilmark 
Edgartown 
Gay  Head 
Gosnold  . 
Oak  Bluffs 
Tisbury  . 
West  Tisbury 

Total 


Bristol  County. 


Dukes  County 


$3,045  28 

1,116 

85 

627 

90 

5,145 

82 

17,404 

08 

2,478 

43 

2,044 

74 

45,060 

09 

2,167  38 

4,428 

43 

3,005 

79 

5,001 

61 

5,043  24 

1,561 

59 

2,666 

85 

2,695 

82 

8,379  08 

3,561 

59 

$172,689  64 

$3,553  22 

23,506 

33 

2,684  23 

16,334 

44 

4,442 

17 

6,449 

57 

9,310 

73 

78,384 

12 

3,323 

71 

8,130 

15 

82,220 

50 

10.177  04 

4,368 

99 

3,457  40 

7,241 

63 

6,378 

00 

10,530  26 

5,904 

29 

30,106  98 

9.700 

11 

$326,203  87 

$1,167  38 

4,737 

98 

366 

85 

878 

97 

5,060 

09 

4,394 

31 

1,117 

38 

17,722  96 


Amesbury 
Andover 
Beverly 
Boxford  . 


Essex  County. 


$9,758  58 

17,112  45 

28,248  07 

,  3,390  02 


Acts,  1945. —  Chap.  719. 


909 


Essex  County  —  Concluded. 


Danvers 

Essex 

Georgetown 

Gloucester 

Groveland 

Hamilton 

Haverhill 

Ipswich  . 

Lawrence 

Lynn 

Lynnfield 

Manchester 

Marblehead 

Merrimao 

Methuen 

Middleton 

Nahant   . 

Newbury 

Newburyport 

North  Andover 

Peabody 

Rockport 

Rowley    . 

Salem 

Salisbury 

Saugus 

Swampscott 

Topsfield 

Wenham 

West  Newbury 

Total 


$11,685  52 
2,062  66 
2,957  40 

28,278  54 
2,473  71 
5,355  37 

38,659  34 
7,745  92 

63,872  21 

92,396  68 
4,571  67 
7,270  17 

16,366  20 
2,757  40 

17,875  11 
2,863  20 
4,082  73 
3.341  09 

10^294  96 
9,008  05 

20,507  83 
4,722  21 
2,562  66 

38,893  14 
3,258  48 

11,865  02 

16,862  02 
3,741  63 
3,481  65 
2,745  82 

$501,067  51 


Franklin  County. 


Ashfield  . 

Bernardston 

Buckland 

Charlemont 

Colrain    . 

Conway  . 

Deerfield 

Erving     . 

Gill 

Greenfield 

Hawley   . 

Heath 

Leverett 

Leyden    . 

Monroe   . 

Montague 

New  Salem 

Northfield 

Orange    . 

Rowe 

Shelbume 

Shutesbury 

Sunderland 

Warwick 

Wendell  . 

Whafely 


$4,856  87 
2,623  18 
4,041  63 
3,034  23 
5,223  71 
4,184  23 
6,359  55 
2,302  15 
2,323  18 

22,584  23 
2,605  79 
2,922  64 
2,211  59 
2,144  74 
1,523  18 

13,487  55 
3,544  74 
4,507  40 
6,704  29 
2,428  43 
4,553  22 
2,033  69 
2,595  82 
3,033  69 
2,594  74 
2,817  92 


Total 


$117,242  39 


910 


Acts,  1945. —  Chap.  719. 


Hampden  Countt. 


Agawam 

Blandford 

Brimfield 

Chester   . 

Chicopee 

East  Longraead 

Granville 

Hampden 

Holland  . 

Holyoke 

Longmeadow 

Ludlow    . 

Monson  . 

Montgomery 

Palmer    . 

Russell    . 

Southwick 

Springfield 

Tolland  . 

Wales 

West  Springfield 

Westfield 

Wilbraham 

Total 


Amherst 

Belchertown 

Chesterfield 

Cummington 

Easthampton 

Goshen    . 

Granby   . 

Hadley    . 

Hatfield  . 

Huntington 

Middlefield 

Northampton 

Pelham   . 

Plainfield 

South  Hadley 

Southampton 

Ware 

Westhampton 

Williamsburg 

Worthington 


Hampshire  County. 


Total 


Acton 

Arlington 

Ashby 

Ashland  . 

Ayer 

Bedford  . 

Belmont 

Billerica 

Boxborough 

BurUngton 


Middlesex  County. 


$8,748  07 

4,245  28 

3,662  12 

4,217  92 

31,107  08 

5,866  95 

4,896  35 

2,284  23 

1,755  79 

55,805  69 

13,467  17 

9,352  25 

7,431  12 

1,594  74 

13,297  00 

3,381  65 

3,941  09 

173,346  25 

2,272  64 

1,483  69 

21,498  93 

19,270  39 

4,264  27 

$397,190  67 

$10,493  35 

6,140  56 

3,339  49 

2,800  54 

9,738  63 

1,683  69 

3,023  18 

4,730  58 

4,180  58 

2,662  12 

2,244  74 

23,576  29 

1,428  43 

2,644  74 

8,820  17 

3,501  07 

7,956  44 

2,533  69 

2,995  82 

3,867  38 

$108,361  49 

$5,481  65 

38,409  98 

3,578  97 

3,730  58 

4,075  86 

3,591  63 

35,460  95 

9,480  69 

1,383  69 

3,430  04 

Acts,  1945. —  Chap.  719. 


911 


Middlesex  Cotjntt  —  C&nduded. 


Cambridge 

Carlisle   . 

Chelmsford 

Concord 

Dracut    . 

Dunstable 

Everett   . 

Framingham 

Groton    . 

Holliston 

Hopkinton 

Hudson  . 

Lexington 

Lincoln   . 

Littleton 

Lowell     . 

Maiden   . 

Marlborough 

Maynard 

Medford 

Melrose  . 

Natick    . 

Newton  . 

North  Reading 

Pepperell 

Reading 

Sherborn 

Shirley 

Somerville 

iStoneham 

Stow 

Sudbury 

Tewksbury 

Town  send 

Tvngsborough 

Wakefield 

Waltham 

Watertown 

Wayland 

Westford 

Weston    . 

Wilmington 

Winchester 

Woburn  . 

Total 


$111,650  97 

2,801  07 

11,524  36 

10,950  75 

6,204  29 

2,122  64 

52,342  49 

27,812  23 

6,454  29 

4,875  86 

5,453  22 

7,206  97 

17,550  43 

4,676  40 

3,930  58 

68,509  66 

47,310  73 

13,848  18 

6,090  13 

52,624  57 

27,965  45 

16,919  31 

112,039  81 

3,463  73 

5,319  53 

14,389  27 

4,097  43 

3,741  09 

73,327  79 

12,230  79 

3,006  87 

5,625  86 

5,854  29 

5,068  99 

2,945  82 

16,771  46 

39,058  91 

36,289  92 

5,944  31 

6,987  45 

9,488  63 

4,959  55 

23,665  88 

16,809  34 

$1,028,535  34 


Nantucket 
Total 


Nantucket  County. 


$13,190  24 
$13,190  24 


Norfolk  County. 


Avon 

Bellingham 

Braintree 

Brookline 

Canton    . 

Cohasset 

Dedham 


$2,107  40 
4,163  73 

21,005  26 

96,958  48 
7,786  48 
7,681  76 

19,258  37 


912 


Acts,  1945.  —  Chap.  719. 


Norfolk  County  —  Concluded. 


Dover 

Foxborough 

Franklin 

Holbrook 

Medfield 

Medway 

Millis      . 

Milton     . 

Needham 

Norfolk  . 

Norwood 

Plain  ville 

Quincy    . 

Randolph 

Sharon 

Stoughton 

Walpole  . 

Wellesley 

Westwood 

Weymouth 

Wrentham 

Total 


Abington 

Bridgewater 

Brockton 

Carver    . 

Duxbury 

East  Bridgewate 

Halifax    . 

Hanover 

Hanson   . 

Hingham 

Hull 

Kingston 

Lakeville 

Marion    . 

Marshfield 

Mattapoisett 

Middleborough 

Norwell  . 

Pembroke 

Plymouth 

Plympton 

Rochester 

Rockland 

Scituate  . 

Warehara 

West  Bridgewater 

Whitman 

Total 


Plymouth  County. 


Suffolk  County. 


Boston 
Chelsea   . 
Revere 
Winthrop 

Total 


$4,994  31 
6,945  39 

10,352  79 
3,342  17 
3,919  53 
4,314  27 
4,047  43 

27,871  78 

19,820  49 
3,034  76 

19,982  08 
2,690  56 

88,469  21 
6,501  72 
6,989  06 
8,420  17 

13,994  53 

31,298  18 
6,929  61 

36,232  51 
4,759  55 


$473,871  58 

$5,472  21 

7,428  54 

51,106  01 

5,002  68 

8,201  72 

5,515  88 

2,634  76 

4,999  03 

3,563  73 

13,971  89 

12,548  71 

4,732  19 

3,162  66 

4,421  67 

9,074  36 

3,747  96 

12,575  43 

3,830  04 

4,447  43 

21,794  10 

2,056  33 

3,434  76 

7,864  38 

11,796  03 

13,691  85 

4,259  01 

6,941  20 

$238,274  56 

$843,402  94 

28,295  50 

26,002  79 

16,406  22 

$914,107  45 


Acts,  1945. —  Chap.  719. 


913 


Worcester  County. 


Ashbumhani 

Athol       . 

Auburn    . 

Barre 

Berlin 

Blackstone 

Bolton 

Boylston 

Brookfield 

Charlton 

Clinton    . 

Douglas  . 

Dudley    . 

East  Brookfield 

Fitchburg 

Gardner 

Grafton  . 

Hardwick 

Harvard 

Holden    . 

Hopedale 

Hubbardston 

Lancaster 

Leicester 

Leominster 

Lunenburg 

Mendon 

Milford   . 

Millbury 

MiUville 

New  Braintree 

North  Brookfield 

Northborough 

Northbridge 

Oakham 

Oxford    . 

Paxton    . 

Petersham 

Phillipston 

Princeton 

Royalston 

Rutland 

Shrewsbury 

Southborough 

Southbridge 

Spencer  . 

Sterling  . 

Sturbridge 

Sutton     . 

Templeton 

Upton 

Uxbridge 

Warren   . 

Webster 

West  Boylston 

West  Brookfield 

Westborough    . 

Westminster     . 

Winchendon     . 

Worcester 


$4,879  51 
13,046  03 
7,895  92 
7,447  43 
2,728  97 
3,357  94 
3,351  07 
2,623  18 
2,606  87 
6,785  30 
9,171  78 
4,941  09 
5,447  96 

1.612  12 
38,608  80 
17,437  77 

6,304  29 
5,251  61 
4,280  04 
6,303  76 
5,145  39 
4,256  33 
4,707  94 
5,520  06 

21,007  30 
4,818  99 
2,734  76 

12,709  23 
6,244  85 
1,434  23 
2,839  49 
5,035  84 
3,713  20 
8,704  40 
2,561  59 
5,442  17 
2,190  02 
4,295  82 
2,283  69 
4,428  97 
3,817  38 
4,334  76 
9,220  71 
4,442  17 

13,142  38 
7,854  29 
4,963  20 
4,941  09 
5,485  30 
5,136  37 
3,934  76 
9,468  56 
5,169  53 
8,899  68 

3.613  73 
3,545  82 
5,904  29 
5,068  46 
9,377  47 

193,026  30 


Total 


$575,501  96 


914 


Ac 

TS, 

1945.  —  Chap. 

720. 

Recapitulation. 

Barnstable        ...... 

$116,040  34 

Berkshire 

172,689 

64 

Bristol     . 

326,203 

87 

Dukes      . 

17,722 

96 

Essex 

501,067 

51 

Franklin 

117,242 

39 

Hampden 

397,190 

67 

Hampshire 

108,361 

49 

Middlesex 

1,028,535 

34 

Nantucket 

13,190 

24 

Norfolk  . 

473.871 

58 

Plymouth 

238,274 

56 

Suffolk    . 

914,107 

45 

Worcester 

575,501 

96 

Total 

$5,000,000  00 

Section  2.  The  sums  received  by  each  city  or  town 
hereunder  shall  be  expended  only  for  local  highway  pur- 
poses, including  construction,  reconstruction,  maintenance 
and  repair  of  local  roads,  streets  and  highways  other  than 
state  highways,  and  of  surface  drainage  works,  sidewalks, 
curbings  and  bridges,  removal  of  snow,  installation  and  main- 
tenance of  trafSc  lights,  signs  and  signals  and  traffic  polic- 
ing. Cities  and  towns  in  the  metropolitan  parks  district 
may  apply,  to  the  extent  deemed  necessary,  sums  received 
hereunder  to  the  payment  of  their  respective  assessments 
in  the  year  of  receipt  for  the  construction  and  mainte- 
nance of  parkways  and  boulevards  under  the  jurisdiction 
of  the  metropolitan  district  commission.  Said  sums  received 
by  each  city  or  town  hereunder  shall,  in  the  year  of  receipt, 
be  included  by  the  assessors  thereof  as  an  estimated  receipt 
and  deducted  from  the  amount  required  to  be  raised  by 
taxation  to  meet  appropriations  made  in  that  year  for  high- 
way purposes.  Said  sums  may  be  expended  by  a  city  or 
town  for  the  purposes  aforesaid  in  addition  to  federal  funds, 
if  any,  allocated  to  such  city  or  town  and  available  for  such 
expenditure.  Approved  July  25,  191^5. 


Chap.720  -^N  Act  relative  to  the  retirement  of  certain  officers 

IN    THE    DIVISION    OF    STATE    POLICE    OF    THE    DEPARTMENT 
OF   PUBLIC   SAFETY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  thirty-two  of  the  General  Laws  is 
hereby  amended  by  inserting  after  section  twenty-eight,  in- 
serted by  section  one  of  chapter  six  hundred  and  fifty-eight 
of  the  acts  of  the  current  year,  the  following  section :  — 
Section  28 A.  Any  provision  in  sections  one  to  twenty- 
eight,  inclusive,  to  the  contrary  notwithstanding,  any  officer 
of  the  division  of  state  police  in  the  department  of  public 
safety  appointed  under  section  nine  A  of  chapter  twenty- 
two  who  has  performed  service  in  said  division  of  state 


G.  L.  (Ter. 
Ed.),  32,  new 
§  28A,  added. 


State  police, 
special  pro- 
visions apply- 
ing to. 


Acts,  1945.  —  Chap.  721.  915 

police  for  not  less  than  twenty  years  shall,  at  his  own  re- 
quest, be  retired  by  said  retirement  board. 

Section  2.    This  act  shall  take  effect  on  January  second,  Effective  date. 
nineteen  hundred  and  forty-six. 

Approved  July  25,  1945. 


An  Act  relating  to  the  taxation  of  insurance  com-  phnj)  701 

PANIES    other   than    LIFE    INSURANCE    COMPANIES.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  sixty-three  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  amended  by  striking  out  section  twenty-two,  as  ap-  ^n^enle^d.^  ^"' 
pearing  in  the  Tercentenary  Edition,  and  inserting  in  place 
thereof  the  following  section :  —  Section  22.     Every  domes-  Taxation  of 
tic  insurance  company  coming  within  the  scope  of  the  defi-  mTrhTe  and^'^' 
nition  of  a  domestic  company  in  section  one  of  chapter  one  other  insuranf-e 
hundred  and  seventy-five,  except  life  insurance  companies  ''^"'P''^"'^" 
with  respect  to  business  taxable  under  section  twenty,  shall 
annually  pa}'^  an  excise  of  one  per  cent  upon  the  gross  pre- 
miums for  all  policies  written  or  renewed,  all  additional  pre- 
miums charged,  and  all  assessments  made  by  such  company 
on  poUcyholders  during  the  preceding  calendar  year,  exclu- 
sive of  reinsurance;  but  such  premiums  and  assessments  for 
policies  written  or  renewed  for  insurance,  exclusive  of  rein- 
surance, of  property  or  interests  in  other  states  or  countries 
where  a  tax  is  actually  paid  by  such  company,  or  its  agents, 
shall  not  be  so  taxed. 

Section  2.     Said  chapter  sixty-three  is  hereby  further  g.  l.  (Xer. 
amended  by  striking  out  section  twenty-three,  as  so  appear-  amentkd.^  ^^' 
ing,  and  inserting  in  place  thereof  the  following  section :  — 
Section  23.    Every  foreign  insurance  company  coming  within  Taxation  of 
the  scope  of  the  definition  of  a  foreign  company  in  section  one  companies^'^" 
of  chapter  one  hundred  and  seventy-five,  except  life  insur- 
ance companies  with  respect  to  business  taxable  under  sec- 
tions twenty  and  twenty-one,  shall  annually  pay  an  excise 
upon  the  gross  premiums  for  all  policies  written  or  renewed, 
all  additional  premiums  charged,  and  all  assessments  made 
during  the  preceding  calendar  year  for  insurance  of  property 
or  interests  in  this  commonwealth,  or  which  are  subjects  of 
insurance  by  contracts  issued  through  companies  or  agents 
therein,  exclusive  of  reinsurance,  at  the  rate  of  two  per  cent 
but  not  less  in  amount  than  would  be  imposed  by  the  laws 
of  the  state  or  country  under  which  such  company  is  organ- 
ized upon  a  like  insurance  company  incorporated  in  this 
commonwealth,  or  upon  its  agents,  if  doing  business  to  the 
same  extent  in  such  state  or  country. 

Section  3.     Said  chapter  sixty-three  is  hereby  further  g.  l.  (Ter. 
amended  by  striking  out  section  twenty-four,  as  amended  ^tcl! 'amended. 
by  section  four  of  chapter  five  hundred  and  thirty-one  of 
the  acts  of  nineteen  hundred  and  forty-three,  and  inserting 
in  place  thereof  the  following  section:  —  Section  24.    In  de-  Deductions. 
termining  the  amount  of  the  tax  payable  under  sections 


916 


Acts,  1945. —  Chap.  722. 


G.  L.  (Ter. 
Ed.),  63,  §  25, 
etc.,  amended. 


Returns  of 
fire,  marine 
and  other  in- 
surance com- 
panies. 


Effective  date. 


twenty-two  and  twenty-three,  there  shall  be  deducted  all 
premiums  on  policies  written  but  not  taken,  or  cancelled 
through  default  of  payment,  and  all  premiums  returned  or 
credited  to  policyholders  during  the  year  for  which  the  tax 
is  determined,  but  not  including  premiums  returned  or  cred- 
ited on  reinsurance  assumed,  provided  that  all  premiums  for 
which  deduction  is  claimed  have  been  included  as  premium 
receipts  in  a  return  made  under  the  following  section  and  a 
tax  assessed  thereon. 

Section  4.  Said  chapter  sixty-three  is  hereby  further 
amended  by  striking  out  section  twenty-five,  as  amended  by 
section  five  of  said  chapter  five  hundred  and  thirty-one,  and 
inserting  in  place  thereof  the  following  section :  —  Section 
26.  Every  insurance  company  liable  to  taxation  under  sec- 
tion twenty-two  or  twcntj^-three  shall  annually,  on  or  before 
March  first,  make  a  return  to  the  commissioner,  on  oath  of 
its  secretary  or  other  officer  having  knowledge  of  the  facts, 
in  such  form  and  containing  such  information  as  the  com- 
missioner may  deem  necessary  for  the  determination  of  the 
excise  thereby  imposed. 

For  cause,  the  commissioner  may  extend  the  time  within 
which  any  such  statement  may  be  filed,  but  not  to  a  date 
later  than  April  first. 

Section  5.  This  act  shall  take  effect  on  January  first, 
nineteen  hundred  and  forty-six.     Approved  July  25,  1945. 


Chap 


,722  An  Act  extending  the  time  during  which  revolving 
doors  may  be  maintained  and  used  at  places  of  as- 
sembly and  facilitating  the  interpretation,  admin- 
istration and  enforcement  of  certain  acts  of  the 
current  year  relative  to  safety  in  buildings  and 
structures. 

Emergency  Whefeus,    The  deferred  operation  of  this  act  would  tend 

to  defeat  its  purpose,  which  is  in  part  to  save  owners  of 
buildings  having  revolving  doors  from  becoming  temporarily 
subject  to  penalty  for  failure  to  replace  the  same  while  un- 
able so  to  do  because  of  lack  of  materials  due  to  the  existing 
state  of  war,  and  in  part  to  provide  immediately  that  certain 
chapters  of  the  acts  of  the  current  year  relative  to  safety  in 
buildings  and  structures  shall  be  construed  as  if  they  had 
been  embodied  in  one  statute  and  shall  become  effective  on 
the  same  date,  therefore  this  act  is  hereby  declared  to  be  an 
emergency  law,  necessary  for  the  immediate  preservation  of 
the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  one  hundred  and  forty-three  of  the 
General  Laws  is  hereby  amended  by  striking  out  section 
twenty-one  B,  as  most  recently  amended  by  section  four  of 
chapter  four  hundred  and  eighty-two  of  the  acts  of  nineteen 
hundred  and  forty-five,  and  inserting  in  place  thereof  the 


G.  L.  (Ter. 
Ed.).  U:i, 
§  21B,  etc., 
amended. 


Acts,  1945.  —  Chap.  722.  917 

following  section:  —  Section  21 B.    Whoever,  after  July  first,  n^^i*^  j^'jn^' 
nineteen  hundred  and  forty-six,  installs  as  a  means  of  in-  places  of  pub- 
gress  to  or  egress  from  any  place  of  assembly,  as  defined  in  prohfbit^d.^ 
section  one,  in  any  building  or  part  thereof,  a  revolving 
door,  so  called,  or  after  the  expiration  of  sixty  days  from 
said  July  first,  maintains  or  uses  a  revolving  door  as  a  means 
of  ingress  to  or  egress  from  any  place  of  assembly,  as  so  de- 
fined, in  any  building  or  part  thereof,  shall  be  punished  by  Penalty. 
a  fine  of  not  more  than  five  hundred  dollars  or  by  imprison- 
ment for  not  more  than  one  year,  or  by  both  such  fine  and 
imprisonment;    and  any  revolving  door,  so  called,  which  is 
installed,  maintained  or  used  in  violation  of  the  foregoing 
shall  be  deemed  a  common  nuisance,  without  other  proof  ^common"  ^"^ 
thereof  than  proof  of  its  installation,  maintenance  or  use,  as  nuisance. 
the  case  may  be.    The  authorized  representative  of  the  com- 
missioner, as  referred  to  in  section  three  A,  in  the  city,  town 
or  district  in  which  such  nuisance  exists,  shall  order  the 
owner  or  occupant,  being  the  party  in  control  thereof,  at  his 
own  expense,  to  remove  such  nuisance  within  twenty-four 
hours,  or  within  such  other  time  as  he  or  it  considers  reason- 
able, after  notice. 

Such  order  shall  be  in  writing  and  may  be  served  person- 
ally on  the  owner  or  occupant,  being  the  party  in  control,  or 
his  authorized  agent  by  any  person  authorized  to  serve  civil 
process;  or  a  copy  of  the  order  may  be  left  at  the  last  and 
usual  place  of  abode  of  the  owner  or  occupant,  being  the 
party  in  control,  or  his  agent,  if  he  is  known  and  within  the 
commonwealth.  If  the  premises  are  unoccupied  and  the  resi- 
dence of  the  owner  or  agent  is  unknown  or  is  without  the 
commonwealth,  such  authorized  representative  may  order 
the  notice  to  be  served  by  posting  it  on  the  premises  and  by 
advertising  it  in  one  or  more  newspapers. 

If  the  owner  or  occupant,  being  the  party  in  control,  fails 
to  comply  with  such  order,  such  authorized  representative 
may  cause  the  nuisance  to  be  removed,  and  all  expenses  in- 
curred thereby  shall  be  paid  by  the  person  who  caused  or 
permitted  the  same. 

Section  2.  Chapters  four  hundred  and  seventy-two,  four  Effective  date 
hundred  and  eighty,  four  hundred  and  eighty-two  except  sec-  cha^'pters" 
tion  four  thereof,  five  hundred  and  thirty-three,  five  hun- 
dred and  thirty-six,  six  hundred  and  forty-five  as  amended 
by  sections  three  and  four  of  this  act,  and  also  chapter  six 
hundred  and  seventy-four,  all  of  the  acts  of  the  current  year 
shall  take  effect  on  November  first,  nineteen  hundred  and 
forty-five.  Said  chapters  shall  be  construed  as  though  they 
had  been  embodied  in  one  statute,  instead  of  in  separate 
statutes. 

Section  3.    Section  thirteen  of  chapter  twenty-two  of  the  S^^-^J'^^.g 
General  Laws,  as  most  recently  amended  by  section  one  of  etc!, 'amended. 
chapter  six  hundred  and  forty-five  of  the  acts  of  the  current 
year,  is  hereby  further  amended  by  striking  out  the  first  two 
sentences  and  inserting  in  place  thereof  the  following:  — 


918 


Acts,  1945.  —  Chap.  723. 


Board  of 

standards, 

membership. 


1945,  645,  §  5, 
amended. 

Governor  to 
appoint  six 
appointive 
members  be- 
fore December 
1,  1945. 


There  shall  be  in  the  department;  but  not  under  the  control 
of  the  commissioner,  a  board  to  be  known  as  the  board  of 
standards,  which  shall  consist  of  the  chief  of  inspections  of 
the  department,  ex  officio,  who  may  designate  from  time  to 
time  an  inspector  in  said  department  to  act  temporarily  in 
his  stead  as  a  member  of  such  board,  with  the  same  powers 
and  duties  as  other  members  of  the  board,  and  six  members 
to  be  appointed  by  the  governor,  with  the  advice  and  con- 
sent of  the  council,  for  terms  of  six  years  each.  One  shall 
be  a  registered  architect,  one  a  registered  professional  engi- 
neer, one  a  contractor,  one  a  representative  of  the  building 
trade  unions,  one  a  safety  engineer,  and  one  shall  be  a  repre- 
sentative of  owners  of  buildings  subject  to  chapter  one  hun- 
dred and  forty-three  or  a  representative  of  real  estate  man- 
agement organizations  having  control  of  buildings  subject 
to  said  chapter. 

Section  4.  Said  chapter  six  hundred  and  forty-five  is 
hereby  amended  by  striking  out  section  five  and  inserting 
in  place  thereof  the  following :  —  Section  5.  Before  Decem- 
ber first,  nineteen  hundred  and  forty-five,  the  governor,  with 
the  advice  and  consent  of  the  council,  shall  appoint  the  six 
appointive  members  of  the  board  of  standards  in  the  depart- 
ment of  public  safety,  with  the  qualifications  set  forth  in 
section  thirteen  of  chapter  twenty-two  of  the  General  Laws, 
as  appearing  in  section  one  of  this  act,  of  whom  one  shall  be 
appointed  for  the  term  of  one  year,  one  for  the  term  of  two 
years,  one  for  the  term  of  three  years,  one  for  the  term  of 
four  years,  one  for  the  term  of  five  years,  and  one  for  the 
term  of  six  years,  from  said  December  first. 

Approved  July  25,  1945. 


Chap. 723  An  Act  authorizing  the  establishment  and  mainte- 
nance OF  MUNICIPAL  departments  AND  OF  DISTRICTS  FOR 
FURNISHING  INFORMATION,  ADVICE  AND  ASSISTANCE  TO 
VETERANS   OF  WORLD   WAR   II   OR   OTHER   VETERANS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  In  every  city  and  town  which  accepts  this 
act,  in  a  city  by  vote  of  the  city  council,  subject  to  the  pro- 
visions of  its  charter,  and  in  a  town  by  vote  of  the  town  at  a 
town  meeting,  there  shall,  except  as  otherwise  provided  in 
case  of  a  district  formed  under  authority  of  section  two,  be 
established  and  maintained  a  department  for  the  purpose  of 
furnishing  such  information,  advice  and  assistance  to  vet- 
erans of  World  War  II  or  other  veterans  as  may  be  necessary 
to  enable  them  to  procure  the  benefits  to  which  they  are  or 
may  be  entitled  relative  to  employment,  vocational  or  other 
educational  opportunities,  hospitalization,  medical  care,  pen- 
sions and  other  veterans'  benefits.  Each  department  so 
established  and  maintained  shall  be  known  as  the  depart- 
ment of  veterans'  services,  and  the  officer  in  charge  thereof 
shall  be  known  as  the  director  of  veterans'  services.  Such 
director  shall  be  a  war  veteran  and  shall  be  appointed  in  a 


Acts,  1945. —  Chap.  723.  919 

city  by  the  mayor,  with  the  approval  of  the  city  council, 
and  in  a  town  by  the  selectmen.  The  person  in  a  city  author- 
ized by  the  citj^  charter  or  by  ordinance  or  vote  of  the  city 
council,  and  in  a  town  authorized  by  vote  of  the  selectmen, 
to  disburse  state  or  military  aid,  shall  upon  the  effective  date 
of  this  act  become  the  director  of  veterans'  services  for  such 
city  or  town  and  shall  serve  as  such  director  until  other  pro- 
vision is  made  as  provided  by  this  section;  provided,  that 
if  such  a  person  on  said  effective  date  is  not  a  war  veteran 
and  has  unlimited  tenure  of  office  or  is  serving  for  a  definite 
term  he  may  be  retained  in  office  as  such  director  until  he 
is  removed  for  cause,  or  until  the  expiration  of  such  term, 
as  the  case  may  be. 

Section  2.  Two  or  more  municipalities  which  have  ac- 
cepted this  act,  only  one  of  which  may  be  a  city  or  a  town  in 
excess  of  twelve  thousand  population,  may  by  vote  of  the 
city  council,  subject  to  the  provisions  of  its  charter,  in  a 
city,  and  by  vote  of  the  town  meeting  or  the  town  meeting 
members,  as  the  case  may  be,  in  a  town,  form  a  district  for 
the  purposes  set  forth  in  section  one  of  this  act. 

Any  constituent  city  or  town  by  vote  may  withdraw  from 
the  district  at  the  end  of  any  fiscal  year  if  such  withdrawal 
is  voted  in  the  manner  aforesaid  not  less  than  thirty  days 
prior  to  the  end  of  such  fiscal  year  and  notice  of  such  vote 
is  filed  with  the  other  cities  and  towns  comprising  the 
district. 

Section  3.  In  every  such  district  there  shall  be  a  board 
composed  of  the  mayor  of  such  city,  if  any,  as  may  be  in- 
cluded in  the  district,  and  the  chairman  of  the  board  of  se- 
lectmen of  each  of  the  towns  in  the  district,  which  board 
shall  appoint,  fix  the  compensation  of,  and  may  remove  a 
director  of  veterans'  services  of  said  district,  and  may  ap- 
point, fix  the  compensation  of,  and  may  remove,  a  deputy 
or  assistant  to  such  director,  if  in  the  opinion  of  said  board 
such  a  deputy  or  assistant  is  necessary.  Such  director  shall 
be  a  war  veteran  and  shall,  under  the  direction  of  said  dis- 
trict board,  perform  the  duties  of  his  office  in  each  of  the 
municipalities  comprising  the  district.  The  officer  in  anj^ 
city  or  town  included  in  such  district  who  is  authorized  to 
disburse  state  or  military  aid  in  such  city  or  town  may  be 
designated  by  said  district  board  to  be  the  director  in  such 
district.  The  treasurer  of  one  of  the  municipalities  compris- 
ing such  district,  designated  by  the  district  board  thereof, 
shall  be  treasurer  of  the  district  and  shall  give  to  the  district 
a  bond,  with  a  surety  company  authorized  to  transact  busi- 
ness in  the  commonwealth  as  surety,  for  the  faithful  per- 
formance of  his  duties  as  treasurer  of  the  district  in  such 
sum  and  upon  such  conditions  as  said  district  board  may 
require.  The  district  treasurer  shall  disburse  the  money  so 
received  upon  warrants  approved  by  the  district  board. 

Section  4.  Every  such  district  board  shall  determine  the 
expenses  of  the  district  and  apportion  the  same  among  the 
several  municipalities  included  therein  on  the  basis  of  the 


920  Acts,  1945.  —  Chap.  723. 

taxable  valuation  of  said  municipalities  as  last  established  by 
the  general  court  as  a  basis  of  apportionment  for  state  and 
county  taxes,  and  shall  promptly  thereafter  notify  the  treas- 
urers of  said  municipalities  of  such  apportionment.  Every 
city  or  town  treasurer  so  notified  shall,  annually  in  Decem- 
ber, certify  the  amount  of  such  apportionment  to  the  board 
of  assessors  of  his  municipality,  who  shall  include  such 
amount  in  the  tax  levy  of  the  following  year. 

Upon  order  of  the  district  board  the  city  or  town  treasurer 
of  each  of  the  constituent  members  of  the  district  shall  from 
time  to  time  pay  to  the  district  treasurer  a  sum  or  sums  not 
exceeding,  in  the  aggregate,  the  amount  certified  by  the 
board  as  its  respective  share  of  the  costs  and  expenses  of  the 
district. 

Section  5.  In  each  department  of  veterans'  services,  and 
in  each  district  established  under  section  two,  there  shall  be 
an  unpaid  advisory  board  to  be  appointed,  in  cities  by  the 
mayor,  in  towns  by  the  board  of  selectmen,  and  in  districts 
by  the  district  board.  Such  advisory  board  shall  render  such 
assistance  to  the  director  of  veterans'  services  of  tlie  munici- 
pality or  district,  relative  to  the  provisions  of  this  act,  as 
said  director  may  request.  The  state  commissioner  of  vet- 
erans' services  is  hereby  authorized  and  directed  to  formulate 
and  publish  rules  and  regulations  establishing  in  a  general 
manner  the  types  of  persons  with  respect  to  their  occupa- 
tions, professions  and  special  skills,  who  may  be  appointed 
to  such  unpaid  advisory  boards.  Every  such  advisory  board 
shall  consist  of  not  less  than  five  nor  more  than  fifteen  resi- 
dents of  the  city,  town  or  district,  as  the  case  may  be. 

Section  6.  Said  departments  and  districts  shall  acquire 
and  have  on  hand  copies  of  current  booklets  and  other  printed 
matter  pertaining  to  the  statutory  rights  of  war  veterans 
provided  under  state  and  federal  laws.  They  may  call  at 
any  time  upon  any  department,  board,  division  or  commis- 
sion of  the  commonwealth  for  such  assistance  as  may  be 
necessary  in  carrying  out  their  functions.  They  shall  also 
work  in  close  co-ordination  with  existing  federal  agencies 
established  for  the  aid  of  war  veterans,  and'  they  shall  enlist 
the  support  of  hospitals  within  their  respective  communities 
or  districts  for  carrying  out  the  purposes  of  this  act. 

Section  7.  Departments  and  districts  established  and 
maintained  hereunder  shall  be  under  the  general  direction  of 
the  state  commissioner  of  veterans'  services,  and  their  offices 
shall  be  physically  located  independently  of,  and  separate 
and  apart  from,  any  other  public  or  private  agency,  board, 
bureau,  social  agency  or  society,  other  than  a  municipal  de- 
partment established  and  maintained  for  the  disbursement 
of  state  or  military  aid. 

Section  8.  The  city  council  in  every  city  shall  vote  in 
the  current  year  on  the  acceptance  of  this  act,  and  in  every 
town  a  vote  shall  be  taken  thereon  not  later  than  the  annual 
town  meeting  in  nineteen  hundred  and  forty-six. 

Approved  July  25,  19Jf5. 


Acts,  1945.  —  Chap.  724.  921 


An  Act  relative  to  the  fees  to  be  charged  in  connec-  Chap. 724 

TION    WITH    THE   REGISTRATION    OF   VETERINARIANS. 

Be  it  enacted,  etc.,  as  follows: 

Section  fifty-five  of  chapter  one  hundred  and  twelve  of  e£1^/^2^''5  55 
the  General  Laws,  as  most  recently  amended  by  section  one  etc!, 'amended.' 
of  chapter  two  hundred  and  fifty-one  of  the  acts  of  nineteen 
hundred   and   thirty-nine,   is   hereby   further   amended   b}^ 
striking  out,   in  the  twenty-third   and  in  the  thirty-fifth 
lines,  the  word  "fifteen"  and  inserting  in  place  thereof,  in 
each   instance,    the   word :  —  twenty-five,  —  and   by   strik- 
ing out,  in  the  thirty-third  line,  the  words  "without  addi- 
tional fee"  and  inserting  in  place  thereof  the  words:  —  upon 
payment  of  three  dollars,  —  so  that  the  first  paragraph  will 
read  as  follows :  —  Applications  for  registration   as  veteri-  Examination 
narians,  signed  and  sworn  to  by  the  applicant,  shall  be  made  f/on"^'^*"^^' 
upon  blanks  furnished  by  the  board.     Each  applicant  who 
shall  furnish  the  board  with  satisfactory  proof  that  he  is 
twenty-one  years  of  age  or  over,  of  good  moral  character, 
and  a  citizen  of  the  United  States,  that  he  possesses  the 
educational  qualifications  required  for  graduation  from  a 
pubhc  liigh  school,  that  he  has  completed  one  year  of  col- 
legiate work,  including  chemistry  and  biology,  in  a  college 
or  university  approved  by  a  body  consisting  of  the  secre- 
tary of  the  board,  the  commissioner  of  education  and  the 
director  of  the  division  of  livestock  disease  control  of  the 
department  of  agriculture,   in  this  section  referred  to  as 
the  approving  authority,  that  he  has  attended  courses  of 
instruction  for  four  years  of  not  less  than  thirty-two  school 
weeks  in  each  year,  or  courses  which  in  the  opinion  of  the 
board  are  equivalent  thereto,  in  one  or  more  legally  chartered 
schools  of  veterinary  medicine,  and  that  he  has  received  the 
degree  of  doctor  of  veterinary  medicine  or  its  equivalent 
from  a  legally  chartered  school  of  veterinary  medicine  having 
the  pov/er  to   confer  degrees  in  veterinary  medicine  and 
approved  by  the  approving  authority,  shall,  upon  payment 
of  twenty-five  dollars,  be  examined,  and,  if  found  qualified 
by  the  board,  shall  be  registered  as  a  veterinarian  and  shall 
receive  a  certificate  thereof,  signed  by  the  chairman  and 
secretar3^     An  applicant  aggrieved  by  the  refusal  of  the 
approving  authority  to  approve  a  school  of  veterinary  medi- 
cine under  this  section  shall  be  entitled  to  have  the  reason- 
ableness of  such  refusal  reviewed  by  a  justice  of  the  superior 
court,  whose  decision  shall  be  final.     An  applicant  failing 
to  pass  an  examination  satisfactory  to  the  board  maj'-  be 
re-examined  at  any  regular  meeting  of  the  board  within  two 
years  thereafter,  upon  payment  of  three  dollars,  and  there- 
after may  be  examined  at  any  such  meeting  upon  payment 
of  twenty-five  dollars  for  each  examination.     The  board, 
after  due  notice  and  hearing,  may  revoke  any  certificate 
issued  by  it  to  and  cancel  the  registration  of,  any  veteri- 
narian convicted  of  a  crime  in  the  practice  of  his  profession. 


922  Acts,  1945.  —  Chap.  725. 

and  may,  at  any  time  after  the  expiration  of  one  yesiT  there- 
after, reissue  any  certificate  so  revoked,  and  register  anew 
any  veterinarian  whose  registration  was  so  cancelled. 

Approved  July  25,  191^5. 


of  commission. 


Cha'p.'72^  An  Act  making  changes  in  the  civil  service  laws  in 

RESPECT  TO  THE  POWERS  OF  THE  CIVIL  SERVICE  COMMIS- 
SION AND  THE  DIRECTOR  OF  CIVIL  SERVICE,  AND  IN  OTHER 
RESPECTS. 

Be  it  enacted,  etc.,  as  follows: 

g^L  .(Ten  Section  1.     Chapter  thirty-one  of  the  General  Laws  is 

etc!, 'amended,    hereby  amended  by  striking  out  section  two,  as  amended, 
Certain  duties    and  inserting  in  place  thereof  the  following  section :  —  Sec- 
tion 2.     In  addition  to  other  duties  imposed  by  this  chapter 
and  chapter  thirteen  the  commission  shall  — 

(a)  Make  investigations  at  its  own  discretion,  or  when- 
ever requested  in  writing  by  the  governor,  the  council,  the 
general  court  or  either  branch  thereof,  the  director,  an  ag- 
grieved person,  or  by  ten  registered  voters. 

(6)  Hear  and  decide  all  appeals  from  any  decision  or 
action  of,  or  failure  to  act  by,  the  director,  upon  application 
of  a  person  aggrieved  thereby;  pro\'ided,  that  no  decision 
or  action  of  the  director  shall  be  reversed  or  modified  or 
action  be  taken,  in  case  of  failure  of  the  director  to  act, 
except  by  three  affirmative  votes  of  the  commission,  and 
in  each  case  the  specific  reasons  therefor  shall  be  stated  in 
the  records  of  the  proceedings  of  the  commission.  Except 
on  appeals  from  markings  on  examination  papers,  hearings 
on  all  appeals  may  be  held  before  less  than  a  majority  of  the 
commission,  or  the  chairman  may  assign  a  member  or  mem- 
bers to  hold  such  hearings  and  to  report  his  or  their  findings 
of  fact  and  recommendations  to  the  commission  for  action. 
An  appeal  from  a  decision  determining  the  results  of  an 
examination  shall  be  in  writing  in  the  form  approved  by 
the  commission,  and  shall  contain  a  brief  statement  of  the 
facts  upon  which  such  appeal  is  based;  provided,  that  no 
decision  of  the  director  relating  to  an  examination  mark 
shall  be  reversed  and  no  such  mark  changed  unless  the  com- 
mission finds  that  it  was  through  error,  fraud,  mistake  or  in 
bad  faith,  and  in  each  case  of  reversal  of  such  decision  or 
change  in  marking  the  specific  reasons  therefor  shall  be 
stated  in  the  records  of  the  proceedings  of  the  commission, 
(c)  Make  an  annual  report  to  the  general  court,  recom- 
mending legislation  for  the  administration  and  improvement 
of  the  civil  service.  The  annual  report  of  the  director  to  the 
commission  shall  be  included,  and  may  be  supplemented  by 
any  additional  comment,  criticism,  or  suggestion  for  the 
more  effectual  accomplishment  of  the  purposes  of  this 
chapter  which  the  commission  may  care  to  submit.  The 
annual  report  of  the  commission  shall  also  contain  any  rules 
adopted,  amended  or  revoked  under  authority  of  any  pro- 


Acts,  1945. —  Chap.  725.  923 

vision  of  this  chapter  since  the  submission  of  the  preceding 
annual  report. 

(d)  Keep  full  and  complete  minutes  of  its  proceedings. 

Section  2.     Said   chapter   thirty-one   is   hereby  further  g.  l.  (Ter. 
amended  by  striking  out  section  two  A,  as  amended,  and  ^tt! 'amended.' 
inserting  in  place  thereof  the  following  section :  —  Section  General  duties 
2 A.     In  addition  to  other  duties  imposed  upon  him  by  this  of  director. 
chapter  and  chapter  thirteen  the  director  shall  — 

(a)  Administer  and  enforce  all  laws  and  rules  relating  to 
the  enforcement  of  the  civil  service  law  as  applied  in  the 
commonwealth  and  comply  with  all  decisions  of  the  com- 
mission made  under  this  chapter. 

(b)  Establish,  with  the  approval  of  the  commission,  classi- 
fication plans  for  positions  in  every  city  and  town  which 
are  subject  to  any  pro\ision  of  this  chapter.  Upon  the 
establishment  of  such  classification  plan  the  director  shall 
forthwith  make  such  plan  effective,  and  after  the  establish- 
ment of  such  classification  it  shall  be  final.  The  city  or 
town  affected  thereby  shall  establish  a  compensation  plan 
with  a  minimum  and  maximum  salary,  in  accordance  with 
the  class  and  grade,  for  each  position,  but  no  compensation 
plan  established  hereunder  shall  include  positions  subject 
to  section  forty-seven  D. 

(c)  Designate  places  in  the  commonwealth  where  appli- 
cants may  register  for  positions  and  employment  in  the 
labor  service  of  the  commonwealth  and  of  the  cities  and 
towns  having  such  a  service  subject  to  this  chapter. 

(d)  Approve  or  disapprove  specifications  and  qualifi- 
cations for  any  office  or  position,  as  submitted  by  the  ap- 
pointing authority  for  classification  purposes,  or  establish 
specifications  and  qualifications  therefor,  if  those  so  sub- 
mitted are  disapproved  and  the  appointing  authority  fails 
to  furnish  specifications  and  qualifications  satisfactory  to 
the  director  within  thirty  days  after  being  notified  by  him  of 
such  disapproval. 

(e)  Determine  and  pass  upon  the  qualifications  of  appli- 
cants; and  hold  examinations  for  the  purpose  of  estabhsh- 
ing  eligible  lists  of  persons  for  appointment  or  promotion 
to  positions  in  the  official  service  of  the  commonwealth  and 
the  cities  and  towns  thereof  which  are  subject  to  any  pro- 
vision of  this  chapter,  which  examinations  may,  in  the  dis- 
cretion of  the  director,  and  with  the  approval  of  the  director 
of  personnel  and  standardization  in  the  case  of  positions  or 
employment  in  the  service  of  the  commonwealth,  and  if  re- 
quested in  the  requisition  of  the  appointing  authority  of  a 
city  or  town  in  the  case  of  positions  or  employments  in  the 
service  thereof,  be  restricted  either  to  male  persons  or  to 
female  persons. 

(/)  Establish  such  standards  for  the  several  offices  and 
positions  in  the  official  or  labor  service  as  he  may  determine 
to  be  necessary,  which  standards  shall  not  be  waived  or 
dispensed  with  in  the  case  of  any  applicant. 


924  Acts,  1945.  —  Chap.  725. 

(g)  Establish  eligible  lists  and  certify  upon  requisition  of 
the  proper  appointing  authority  the  names  of  persons  eligi- 
ble for  positions  and  employments  in  the  service  of  the 
commonwealth  and  the  cities  and  towns  thereof  which  are 
subject  to  any  provision  of  this  chapter;  and  such  lists  for 
positions  referred  to  in  section  forty-seven  C,  and  made 
subject  to  this  chapter  by  said  section  or  otherwise,  may  be 
established,  according  to  the  results  of  state-wide  examina- 
tions on  the  basis  of  domicile  in  the  respective  cities  and 
towns  where  the  positions  are  to  be  filled  and  on  the  basis  of 
domicile  in  districts  in  which  the  cities  and  towns  are  re- 
spectively situated. 

(h)  Certify  the  names  of  persons  for  employment,  ac- 
cording to  districts  established  by  the  state  department  of 
public  worlds,  in  the  labor  service  of  said  department. 

(z)  Keep  complete  and  accurate  records  of  all  examina- 
tions held,  of  all  ehgible  hsts  established,  of  all  persons 
certified  for  appointment,  and  of  all  provisional  and  tem- 
porary appointments  made  in  the  official  or  labor  service. 

(j)  Examine  or  direct  the  examination  of  all  pa}'^  rolls, 
bills  and  accounts  for  the  payment  of  salaries  and  compen- 
sation of  persons  in  the  official  or  labor  service,  and  make 
any  investigation  regarding  the  same  as  he  may  deem 
necessary. 

(/c)  On  the  tenth  day  of  each  month  make  a  report  to  the 
commission  containing  complete  information  as  to  the  divi- 
sion's activities  during  the  preceding  month,  including  data 
on  examinations,  a  complete  list  of  non-competitive  ap- 
pointments, if  any,  with  reasons  therefor,  and  a  list  of  pro- 
visional appointments  made.  Such  report  shall  be  a  public 
record,  and  copies  of  it  shall  be  furnished  to  the  governor 
and  council  and  to  the  state  library.  On  or  before  December 
first  of  each  year  the  director  shall  also  make  a  report  to 
the  commission  concerning  the  work  of  the  division,  in- 
cluding his  recommendations,  if  any. 

(/)  Decide  in  the  first  instance  all  reviews  of  markings  on 
examination  papers  requested  by  applicants. 
G.  I-.  (Tcr.  Section  3.     Said   chapter  thirty-one  is   hereby  further 

etc.,  amended. '  amended  by  striking  out  section  thirteen  A,  as  amended. 
Physical  and  inserting  in  place  thereof  the  following  section :  —  Sec- 

examination.      ^^"^^  ISA.    If,  In  the  opiuion  of  the  director,  physical  quali- 
fications are  necessary  or  desirable  for  an  original  appoint- 
ment to  any  office  or  position,  he  may  order  a  physical 
examination.    For  promotional  examination  he  may  require 
a  certificate  from  a  registered  physician,  approved  by  him, 
to  determine  the  physical  fitness  of  the  applicant.     Any 
applicant  who  shall  have  passed  an  examination  may,  before 
certification,  be  required  to  undergo  such  supplementary 
physical  examination  as  the  director  may  prescribe. 
EdV:ii^l'29         Section  4.     Said   chapter   thirty-one   is   hereby   further 
etc., 'ainendod'.    amended  by  striking  out  section  twenty-nine,  as  amended. 
Records  and      and  inserting  in  place  thereof  the  follo^\^ng  section :  —  Sec- 
^'''^'  Hon  29.    Records  of  the  proceedings  of  the  commission  and 


Acts,  1945.  —  Chap.  726.  925 

of  the  director,  all  recommendations  of  applicants  and  all 
applications  and  examination  papers,  shall  be  kept  on  file 
and  shall  be  open  to  public  inspection  under  the  rules  of  the 
commission.  Each  application,  recommendation  and  ex- 
amination paper  shall  be  preserved  for  a  period  of  at  least 
three  years,  but  may  be  destroyed  thereafter. 

Section  5.     Sections  fourteen  and  thirty  of  said  chapter  g.  L/(Ter. 
thirtj^-one  are  hereby  repealed.  and^sa  ri-^  ^* 

Section  6.     Section  two  A  of  chapter  thirteen  of  the  peaied.' 
General  Laws  is  hereby  amended  by  striking  out  the  word  ido," SI^a, 
"calendar"  in  the  last  line  of  the  fourth  sentence,  as  ap-  etc., 'amended.' 
pearing  in  chapter  four  hundred  and  fifty-seven  of  the  acts 
of  nineteen  hundred  and  forty-one,  and  inserting  in  place 
thereof  the  words:  — state  fiscal,  —  so  as  to  read  as  follows: 
—  Each  commissioner,  including  the  chairman,  shall  receive  Compensation, 
fifteen  dollars  a  day  while  attending  meetings  of  the  com- 
mission, or  while  performing  any  duties  of  his  office  required 
of  him  by  the  chairman  or  by  this  chapter  or  chapter  thirty- 
one,  but  not  more  than  twelve  hundred  dollars  shall  be 
paid  to  any  commissioner  in  any  state  fiscal  year. 

Approved  July  25,  1945. 

An  Act  relative  to  the  establishment  of  guaranty  Chav  726 

CAPITAL    IN    DOMESTIC    MUTUAL    INSURANCE    COMPANIES. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  seventy-five  of  the  General  EdVild^' 
Laws  is  hereby  amended  by  striking  out  section  ninety  B,  §  sob,  etc., 
as  amended  by  section  two  of  chapter  twenty-three  of  the  ''""""^^'^• 
acts  of  nineteen  hundred  and  thirty-three,  and  inserting  in 
place    thereof    the    following    section :  —  Section  90B.     No  Certain  re- 
policy  shall  be  issued  by  a  mutual  company  formed  to  fss"e*Tpoi1c^es 
transact  business  under  the  fourth  clause  of  section  forty-  ^^^tuai^i" 
seven   until  it  has  established   a  fully   paid   up   guaranty  panics, 
capital  of  not  less  than  two  hundred  thousand  dollars  nor 
more  than  one  million  dollars  which  shall  be  subject  to  the 
provisions  of  section  seventy-nine,  except  as  hereinafter  and 
in  section  ninety-three  D  provided. 

Any  such  company  may,  subject  to  all  the  provisions  of 
section  seventy-nine  relative  to  the  increase  of  the  guaranty 
capital  of  a  domestic  mutual  fire  company,  increase  said 
guaranty  capital  to  an  amount  not  exceeding  one  million 
dollars.  While  a  company  is  transacting  business  under 
said  fourth  clause,  the  provisions  of  section  seventy-nine 
relative  to  the  retirement  of  guaranty  capital  of  a  mutual 
fire  company  shall  not  apply,  nor  shall  the  provisions  of 
said  section  relative  to  the  reduction  of  guaranty  capital 
authorize  the  reduction  of  its  guaranty  capital  below  two 
hundred  thousand  dollars. 

Upon  establishing  any  guaranty  capital  in  an  amount  in 
excess  of  five  hundred  thousand  dollars  or  increasing  its 
guaranty  capital  to  an  amount  in  excess  thereof,  any  mutual 
company  formed  to  transact  business  under  said  fourth 


926 


Acts,  1945.  —  Chap.  727. 


Principals  on 
certain  bonds, 
etc.,  to  be 
deemed  mem- 
bers of  com- 
pany. 


clause  shall  deposit  with  the  state  treasurer  the  sum  of  two 
hundred  thousand  dollars.  Such  deposit  may  be  made  in 
securities  and  in  that  event  shall  be  subject  to  the  limita- 
tions contained  in  sections  sixty-three  and  sixty-six,  or  may 
be  made  in  cash  or  such  other  securities  as  the  commissioner 
may  approve,  and  in  any  event  shall  be  subject  to  section 
one  hundred  and  eighty-five. 

Whenever  the  amount  of  the  net  surplus,  computed  on 
the  basis  fixed  by  sections  ten  to  twelve,  inclusive,  of  any 
mutual  company  formed  to  transact  business  under  said 
fourth  clause  which  has  a  guaranty  capital  of  more  than 
five  hundred  thousand  dollars  equals  twice  the  amount  of 
said  guaranty  capital,  said  guaranty  capital  shall  be  re- 
duced to  five  hundred  thousand  dollars  by  an  appropriation 
of  such  net  surplus  for  that  purpose. 

The  principal  on  any  bond  or  obligation  executed  by 
a  mutual  company  as  surety  shall  be  deemed  the  member 
of  the  company  under  sections  seventy-six,  seventy-nine, 
eighty,  eighty-one,  eighty-three  to  eighty-five,  inclusive,  and 
ninety.  Approved  July  25,  191^5. 


Chap.'121  An  Act  relative  to  equal  pay  for  men  and  women 

TEACHERS. 


G.  L.  (Ter. 
Ed.),  71,  §  40, 
etc.,  amended. 


Minimum 
compensation 
for  teachers. 


Submission 
to  voters. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  seventy-one  of  the  General  Laws  is 
hereby  amended  by  striking  out  section  forty,  as  amended, 
and  inserting  in  place  thereof  the  following  section :  — 
Section  40.  The  compensation  of  every  teacher  employed 
in  any  public  day  school  in  the  commonwealth,  except  per- 
sons in  training  and  those  employed  as  temporary  substi- 
tutes, shall  be  at  a  rate  of  not  less  than  one  thousand  dollars 
in  towns  of  less  than  two  million  five  hundred  thousand 
dollars  valuation  for  the  fiscal  year  preceding  and  in  all 
other  towns  at  a  rate  of  not  less  than  twelve  hundred  dol- 
lars for  the  school  year  in  that  school.  Women  teachers 
employed  in  the  same  grades  and  doing  the  same  type  of 
work  with  the  same  preparation  and  training  as  men  teachers 
shall  be  paid  at  the  same  rate  as  men  teachers. 

Section  2.  This  act  shall  be  in  force  only  in  such  cities 
and  towns  as  accept  the  same,  in  a  city  by  vote  at  a  regular 
or  biennial  city  election  and  in  a  town  by  vote  at  an  annual 
town  meeting,  in  answer  to  the  following  question:  —  "Shall 
an  act  passed  by  the  general  court  in  the  year 
nineteen  hundred  and  forty-five,  entitled  'An 
Act  relative  to  equal  pay  for  men  and  women 
teachers',  be  in  force  in  this  city  (or  town)?" 

Approved  July  25,  1945. 


YES. 

NO. 

Acts,  1945. —  Chap.  728.  927 

An  Act  relative  to  the  appointment  of  conservators  fhn^  728 

AND  temporary  CONSERVATORS  OF  THE  PROPERTY  OF 
persons  unable  to  properly  CARE  FOR  THE  SAME  BY 
REASON    OF    PHYSICAL    INCAPACITY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  one  of  chapter  two  hundred  and  one  g.  l.  (Ter. 
of  the  General  Laws,  as  appearing  in  the  Tercentenary  Edi-  ^,f,e;,d!?,i.'  ^  ^' 
tion,  is  hereby  amended  by  striking  out,  in  the  fourth  hne, 
the  words  "or  mental  weakness"  and  inserting  in  place 
thereof  the   words :  —  ,   mental   weakness  or   physical   in- 
capacity, —  so   as   to   read   as   follows :  —  Section  1 .     The  Jurisdiction  of 
probate  court  may,  if  it  appears  necessary  or  convenient,  p"""''"'''  '"'"■* 
appoint  guardians  of  minors,   insane  persons  and  spend- 
thrifts and  conservators  of  the  property  of  persons  by  reason 
of  advanced  age,  mental  weakness  or  physical  incapacity 
unable  to  properly  care  for  their  property,   who   are  in- 
habitants of  or  residents  in  the  county  or  who  reside  out  of 
the  commonwealth  and  have  estate  within  the  county. 

Section  2.     Said  chapter  two  hundred  and  one  is  hereby  g  l.  (Ter. 
further  amended  by  striking  out  section  sixteen,  as  so  ap-  amended.'  ^  ^^' 
pearing,  and  inserting  in  place  thereof  the  following  section : 
—  Section  16.     If  a  person  by  reason  of  advanced  age  or  Conservator, 
mental  weakness  is  unable  to  properly  care  for  his  property,  ^pp"'"*'"^"'^- 
the  probate  court  may,  upon  his  petition  or  upon  the  peti- 
tion of  one  or  more  of  his  friends,  or  if  a  person  by  reason  of 
physical  incapacity  is  unable  to  properly  care  for  his  prop- 
erty the  probate  court  may,  upon  his  petition  or  with  his 
written  assent,  and  in  each  case  if  after  notice  as  provided 
in  section  seventeen  and  after  hearing  it  appears  that  such 
person  is  incapable  of  properly   caring  for  his   property, 
appoint  a  conservator  to  have  charge  and  management  of 
his  property,  subject  to  the  direction  of  the  court. 

Section  3.     Said  chapter  two  hundred  and  one  is  hereby  g.  l.  (Ter. 
further  amended  by  striking  out  section  twenty-one,  as  so  Amended'  ^  ^^' 
appearing,    and    inserting   in    place    thereof   the    following 
section :  —  Section  21 .     Upon  the  petition  of  a  person  of  Temporary 
advanced  age  or  mental  weakness  or  of  a  friend,  or  upon  the  ''°"**^'"^'^  °'"- 
petition  or  with  the  written  assent  of  a  person  who  by  reason 
of  physical  incapacity  is  unable  to  properly  care  for  his 
property,  the  probate  court  may,  if  it  finds  that  the  welfare 
of  the  person  of  advanced  age,  mental  weakness  or  physical 
incapacity  requires  the  immediate  appointment  of  a  tempo- 
rary conservator  of  his  property,  appoint  such  temporary 
conservator,  with  or  without  notice,  and  may  in  like  manner 
remove   or  discharge   him   or  terminate   the   trust.     Such 
temporary   conservator  shall,   until   otherwise   ordered,    or 
until  his  removal  or  the  appointment  of  a  permanent  con- 
servator or  guardian,  have  the  same  powers  and  duties  as  a 
permanent  conservator.     He  shall  be  subject  to  all  laws 
relative  to  permanent  conservators  so  far  as  applicable. 

Section  4.    This  act  shall  become  effective  on  November  Effective  date. 
first  in  the  current  year.  Approved  July  25,  1945. 


928  Acts,  1945.  —  Chaps.  729,  730. 

Chap. 729  An  Act  providing   for  the  payment  of  accumulated 

SICK  LEAVE  ALLOWANCES  TO  PUBLIC  EMPLOYEES  IN  LIEU 
OF  COMPENSATION  FOR  TOTAL  INCAPACITY  UNDER  THE 
workmen's    COMPENSATION    LAW,    SO    CALLED. 

Be  it  enacted,  etc.,  as  follows: 

EdM52^'§69        Section  sixty-nine  of  chapter  one  hundred  and  fifty-two 
etc.. 'amended!    of  the  General  Laws,  as  most  recently  amended  by  chapter 
six  hundred  and  fourteen  of  the  acts  of  nineteen  hundred 
and  forty-one,  is  hereby  further  amended  by  striking  out 
all  of  the  sentence  appearing  in  said  chapter  six  hundred 
and  fourteen  after  the  word  "incapacitated"  in  the  tenth 
line  and   inserting  in   place   thereof  the  following:  —  and 
Payment  of       except  that  sucli  salary  or  wages  may  be  paid  in  full  until 
sicl"?eave*^^       any  sick  leave  allowance  payment  which  the  employee  has 
''ubHc^m-  ^°     ^^  ^^^^  credit  has  been  used  with  a  suspension  of  any  dis- 
pioyees  in  lieu    ability  Compensation  allowance  herein  provided  for  which 
t/on^to  total     may  be  due  or  may  become  due  said  employee  during  the 
'undlTthe^        time  said  employee  may  be  incapacitated,  any  other  pro- 
workmen's        vision  of  law  notwithstanding.    An  employee  who  is  entitled 
compensation     ^^  ^^^  ^j^j,  Icavc  allowance  may  elect  to  receive  such  sick 
leave  allowance  payment  in  lieu  of  incapacity  compensation 
payments  to  which  he  may  be  entitled  to  the  extent  that 
sick  leave  allowance  payment  is  due. 

Approved  July  25,  1945. 

Chap. 730  An  Act  establishing  in  the  office  of  the  commissioner 
OF  veterans'  services  a  veterans'  services  advisory 

COUNCIL  AND  DEFINING  ITS  POWERS  AND  DUTIES,  AND 
authorizing  THE  APPOINTMENT  OF  ADDITIONAL  CLERICAL 
AND  OTHER  ASSISTANCE  IN  THE  OFFICE  OF  SAID  COMMIS- 
SIONER. 

prTambiT^  Whereas,  The  deferred  operation  of  this  act  would  in  part 

defeat  its  purpose,  which  is  to  make  immediately  available 
to  returning  Massachusetts  veterans  of  World  War  II  and 
other  veterans  advice  and  counsel  to  enable  such  veterans 
to  obtain  without  delay  the  employment,  vocational,  edu- 
cational, hospitalization,  pension  and  other  benefits  to  which 
they  may  be  entitled,  therefore  this  act  is  hereby  declared 
to  be  an  emergency  law,  necessary  for  the  immediate  preser- 
vation of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  There  shall  be  in  the  office  of  the  commis- 
sioner of  veterans'  services  an  advisory  council,  to  be  known 
as  the  veterans'  services  advisory  council,  which  shall  ren- 
der such  assistance  to  said  commissioner  in  furnishing  such 
information,  advice  and  assistance  to  veterans  of  World 
War  II  or  other  veterans  as  may  be  necessary  to  enable 
them  to  procure  the  benefits  to  which  they  are  or  may  be 
entitled  relative  to  employment,  vocational  or  other  educa- 
tional opportunities,  hospitalization,  medical  care,  pensions 


Acts,  1945. —Chap.  731.  929 

and  other  veterans'  benefits  under  the  provisions  of  law 
relating  to  veterans  of  World  War  II  or  other  veterans, 
except  the  pro\isions  of  chapter  one  hundred  and  fifteen  of 
the  General  Laws,  chapter  eleven  of  the  acts  of  nineteen 
hundred  and  forty-two  and  chapter  two  hundred  and  eleven 
of  the  acts  of  nineteen  hundred  and  forty-three,  as  amended. 
Said  advisory  council  shall  consist  of  the  attorney  general, 
the  commissioner  of  agriculture,  the  commissioner  of  public 
welfare,  the  commissioner  of  banks,  the  commissioner  of 
insurance,  the  commissioner  of  savings  bank  life  insurance, 
the  commissioner  of  education,  the  director  of  civil  service, 
the  commissioner  of  conservation,  the  commissioner  of 
corporations  and  taxation,  the  commissioner  of  correction, 
the  commissioner  of  labor  and  industries,  the  commissioner 
of  mental  health,  the  commissioner  of  public  works,  the 
chairman  of  the  industrial  accident  board,  the  director  of 
the  division  of  employment  security,  the  commissioner  of 
public  health,  a  person  appointed  by  the  chief  justice  of  the 
supreme  judicial  court,  a  person  appointed  by  the  adjutant 
general,  and  the  department  commanders  of  the  American 
Legion,  the  Veterans  of  Foreign  Wars,  the  Disabled  Ameri- 
can Veterans  and  the  United  Spanish  War  Veterans.  All 
members  of  said  advisory  council  who  are  officials  or  em- 
ployees of  the  commonwealth  shall  serve  ex  officio. 

Section  2.     Chapter  six  of  the  General  Laws  is  hereby  g.  l.  (Tcf. 
amended  by  striking  out  section  twenty-five  and  inserting  ^^men(fed^  ^^' 
in  place  thereof  the  following  section:  —  Section  25.     The  commissioner 
commissioner,  with  the  approval  of  the  governor  and  coun-  ^tef  cfeT.I'tc. 
cil,  may  appoint  a  chief  clerk  and  other  clerks,  stenographers 
and  agents.  Approved  July  25,  194-5. 


An  Act  providing  suitable  recognition  of  those  resi-  Chap. 7 31 

DENTS  OF  MASSACHUSETTS  WHO  SHALL  HAVE  SERVED  IN 
THE  ARMED  FORCES  OF  THE  UNITED  STATES  DURING  THE 
EXISTING    WAR. 

Whereas,  The  deferred  operation  of  this  act  would  tend  Emergency 
to  defeat  its  purpose,  which  is  to  provide  prompt  recogni-  '^"^*^'*'" 
tion  of  IVIassachusetts  residents  upon  their  honorable  dis- 
charge or  release  from  duty  in  the  armed  forces  of  the  United 
States  during  the  existing  war,  therefore  it  is  hereby  declared 
to  be  an  emergency  law,  necessary  for  the  immediate  preser- 
vation of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Upon  application,  as  hereinafter  provided, 
there  shall  be  allowed  and  paid  out  of  the  treasury  of  the 
commonwealth,  without  appropriation  and  without  a  war- 
rant from  the  governor  and  council,  to  each  person  who 
shall  have  served  in  the  armed  forces  of  the  United  States 
on  or  after  September  sixteenth,  nineteen  hundred  and  forty 
and  prior  to  the  termination  of  the  present  war,  as  declared 
by  presidential  proclamation  or  concurrent  resolution  of  the 


930  Acts,  1945. —Chap.  731. 

congress,  and  shall  have  received  a  discharge  or  release, 
other  than  a  dishonorable  one,  from  such  service,  the  sum 
of  one  hundred  dollars;  provided,  that  every  person  on  ac- 
count of  whose  service  the  application  is  filed  shall  have 
been  a  resident  of  the  commonwealth  for  a  period  of  not 
less  than  six  months  immediately  prior  to  the  time  of  his 
entry  into  service  and  his  enlistment,  induction  or  commis- 
sion in  said  armed  forces  was  credited  to  the  quota  of  Mas- 
sachusetts under  the  federal  selective  service  act. 

Section  2.  The  words  "armed  forces",  as  used  in  this 
act,  shall  mean  the  following:  —  United  States  Army,  Army 
of  the  United  States,  United  States  Navy,  United  States 
Naval  Reserve,  United  States  Marine  Corps,  United  States 
Marine  Corps  Reserve,  United  States  Coast  Guard,  Wom- 
en's Army  Corps,  Women's  Auxiliary  —  Navy,  Women's 
Auxiliary  —  United  States  Marine  Corps,  Women's  Auxil- 
iary —  United  States  Coast  Guard,  Army  Nurse  Corps  and 
Navy  Nurse  Corps. 

Section  3.  In  the  case  of  the  decease  of  any  person  who 
would  if  alive  be  entitled  to  the  benefits  of  this  act,  the  sum 
named  therein  shall  be  paid  to  his  dependents,  if  any,  and 
otherwise  to  his  heirs-at-law ;  provided,  that  if  there  is 
more  than  one  dependent  or  heir-at-law,  payments  shall  in 
either  case  be  made  in  such  proportions  as  the  state  treasurer 
shall  determine,  and  in  determining  the  order  of  precedence 
so  far  as  practicable  the  following  order  shall  be  observed: 
wife  and  children,  mother  or  father,  brother  or  sister,  other 
dependents;  provided,  however,  that  no  right  or  payment 
under  this  act  shall  be  subject  to  the  claims  of  creditors,  ca- 
pable of  assignment,  regarded  as  assets,  legal  or  equitable, 
of  the  estate  of  the  deceased  or  made  the  basis  for  adminis- 
tration thereof. 

Section  4.  Applications  hereunder  shall  be  filed  with  the 
state  treasurer,  upon  forms  to  be  furnished  by  him.  The 
state  treasurer  may  accept  the  written  statement  of  an  as- 
sessor of  a  city  or  town  that  a  person  claiming  pay  or  on 
whose  account  pay  is  claimed  by  a  dependent  or  heir-at-law, 
under  the  provisions  of  this  act,  was  a  resident  thereof  on 
the  first  day  of  January,  in  any  year,  as  prima  facie  evidence 
of  the  fact  of  such  residence,  and  he  may  accept  such  other 
evidence  of  residence  as  he  may  consider  adequate.  The 
assessors  of  the  several  cities  and  towns  shall,  at  the  request 
of  the  state  treasurer,  forthwith  furnish  such  information 
relative  to  such  residence  as  their  records  may  disclose. 

Section  5.  No  person  shall  be  eligible  for  any  benefit 
accruing  under  this  act  who  (1)  shall  have,  at  any  time  dur- 
ing the  period  of  the  existing  war,  sought  to  avoid  service 
because  of  conscientious  objection  thereto,  or  because  of 
ahenage,  or  (2)  who  shall  have  been  at  any  time  guilty  of 
any  fraud  or  wilful  violation  or  evasion  of  the  federal  selec- 
tive service  act  or  of  the  rules  and  regulations  of  the  war 
department  in  force  thereunder. 


Acts,  1945. —  Chap.  731.  931 

Section  6.  The  adjutant  general  shall  certify  to  the  state 
treasurer  the  dates  of  service  and  any  other  military  infor- 
mation necessary  to  carry  out  the  provisions  of  this  act. 

Section  7.  Whoever  knowingly  makes  a  false  statement, 
oral  or  written,  relating  to  a  material  fact  in  supporting  a 
claim  under  the  provisions  of  this  act,  shall  be  punished  by  a 
fine  of  not  more  than  one  thousand  dollars,  or  by  imprison- 
ment for  not  more  than  three  years,  or  both.  Offences  under 
this  section  may  be  prosecuted  by  the  attorney  general,  or 
under  his  direction,  in  any  court  within  the  commonwealth, 
and  all  fines  collected  hereunder  shall  be  paid  into  the  treas- 
ury of  the  commonwealth. 

Section  8.  The  state  treasurer  shall  act  upon  all  appli- 
cations made  hereunder,  and  may  expend  for  clerical  assist- 
ance and  for  such  other  expenses  such  sums  as  may  be  neces- 
sary in  carrying  out  the  provisions  of  this  act,  not  exceeding 
the  sums  appropriated  by  the  general  court  for  the  purpose. 

Section  9.  There  is  hereby  imposed  an  additional  excise 
tax  of  one  half  of  one  mill  for  each  cigarette  sold  in  the 
commonwealth  during  the  period  beginning  August  first, 
nineteen  hundred  and  forty-five,  the  same  to  be  levied  and 
collected  as  provided  in  chapter  sixty-four  C,  inserted  by 
chapter  five  hundred  and  forty-seven  of  the  acts  of  the  cur- 
rent year,  and  the  provisions  of  said  chapter  shall  apply  to 
said  additional  excise  to  the  same  extent  as  to  the  normal 
excise  levied  thereunder.  Every  manufacturer,  wholesaler, 
vending  machine  operator  and  unclassified  acquirer  who,  on 
said  August  first,  has  on  hand  for  sale  any  cigarettes  shall, 
within  twenty  days  thereafter,  file  a  complete  inventory 
thereof  and  pay  to  the  commissioner  of  corporations  and 
taxation  a  tax  with  respect  thereto  computed  at  the  rate  of 
one  half  of  one  mUl  per  cigarette  on  all  cigarettes  upon  which 
an  excise  of  only  one  and  one  half  mills  has  been  previously 
paid.  All  the  provisions  of  said  chapter  sixty-four  C  relative 
to  the  collection,  verification  and  administration  of  the  tax 
thereunder  imposed  shall,  in  so  far  as  pertinent,  be  appli- 
cable to  the  tax  imposed  by  this  section.  The  revenue  re- 
ceived by  the  imposition  of  the  excise  provided  by  this  sec- 
tion, plus  one  third  of  the  permanent  three-cent  excise  on 
cigarettes  imposed  by  chapter  five  hundred  and  forty-seven 
of  the  acts  of  the  current  year,  shall  be  used  for  the  purposes 
of  this  act. 

Section  10.  There  is  hereby  imposed  upon  all  domestic 
manufacturing  corporations,  foreign  manufacturing  corpo- 
rations, domestic  business  corporations  and  foreign  corpora- 
tions, as  defined  in  chapter  sixty-three  of  the  General  Laws, 
as  amended,  in  addition  to  the  taxes  levied  under  the  provi- 
sions of  sections  thirty  to  fifty-one,  inclusive,  of  said  chapter 
sixty-three  and  all  acts  in  amendment  thereof  and  in  addi- 
tion thereto,  and  in  addition  to  the  taxes  imposed  upon  such 
corporations  under  section  nine  of  chapter  seven  hundred 
and  twenty-nine  of  the  acts  of  nineteen  hundred  and  forty- 


932  Acts,  1945.  —  Chap.  731. 

one,  under  chapter  four  hundred  and  eighty-two  of  the  acts 
of  nineteen  hundred  and  forty-three,  and  under  chapter  five 
hundred  and  fifty-seven  of  the  acts  of  nineteen  hundred  and 
forty-five,  a  further  additional  excise  tax  equal  to  two  and 
one  half  per  cent  of  the  net  income  of  each  such  corporation 
determined  to  be  taxable  in  accordance  with  the  provisions 
of  said  chapter  sixty-three;  provided,  that  the  tax  imposed 
by  this  section  shall  not  apply  to  corporations  taxable  under 
section  thirty-eight  B  of  said  chapter  sixty-three.  All  pro- 
visions of  law  relative  to  the  assessment,  payment,  collec- 
tion and  abatement  of  the  taxes  imposed  under  said  chapter 
sixty-three  upon  corporations  taxable  hereunder  shall  apply 
to  the  additional  taxes  herein  imposed;  provided,  that  the 
credit  for  dividends  paid  to  inhabitants  of  this  common- 
wealth by  foreign  corporations  provided  by  section  forty- 
three  of  said  chapter  sixtj^-tliree  shall  not  be  applicable  to 
the  additional  taxes  imposed  by  this  section.  This  section 
shall  apply  only  to  taxes  levied  in  or  on  account  of  the  cal- 
endar year  nineteen  hundred  and  forty-six.  The  surtaxes  im- 
posed upon  corporations  of  the  classes  named  in  this  section 
by  section  nine  of  chapter  seven  hundred  and  twenty-nine 
of  the  acts  of  nineteen  hundred  and  forty-one,  by  chapter 
four  hundred  and  eighty-two  of  the  acts  of  nineteen  hundred 
and  forty-three  and  by  chapter  five  hundred  and  fifty-seven 
of  the  acts  of  nineteen  hundred  and  forty-five  shall  apply  to 
the  taxes  imposed  bj^  this  section. 

Section  11.  There  is  hereby  imposed  an  additional  ex- 
cise on  the  sale  of  alcoholic  beverages  and  of  alcohol  on  and 
after  August  first,  nineteen  hundred  and  forty-five  as  follows: 

For  each  wine  gallon,  or  fractional  part  thereof,  of  all  alco- 
holic beverages  containing  more  than  twenty-four  per  cent 
but  not  more  than  fifty  per  cent  of  alcohol  by  volume  at 
sixt}^  degrees  Fahrenheit,  at  the  rate  of  fifty  cents  per  wine 
gallon. 

For  each  proof  gallon,  or  fractional  part  thereof,  of  all 
other  alcoholic  beverages  containing  more  than  fifty  per 
cent  of  alcohol  by  volume  at  sixty  degrees  Fahrenheit  or 
alcohol,  at  the  rate  of  fifty  cents  per  proof  gallon. 

Said  additional  excise  shall  be  in  addition  to  the  tempo- 
rary excise  imposed  under  chapter  four  hundred  and  thirty- 
four  of  the  acts  of  nineteen  hundred  and  thirty-nine,  as  most 
recently  amended  by  chapter  five  hundred  and  forty-six  of 
the  acts  of  nineteen  hundred  and  forty-five,  and  shall  be 
levied  and  collected  as  provided  in  section  twenty-one  of 
chapter  one  hundred  and  thirty-eight  of  the  General  Laws, 
as  amended,  and  the  pertinent  provisions  of  said  section  shall 
apply  to  said  additional  excise  to  the  same  extent  as  to  the 
normal  excise  levied  thereunder. 

Every  manufacturer  or  wholesaler  who  at  the  conmience- 
ment  of  business  on  August  first,  nineteen  hundred  and  forty- 
five,  has  on  hand  for  sale  at  the  premises  covered  by  a  license 
issued  to  such  person  under  any  provision  of  said  chapter 
one  hundred  and  thirty-eight,  or  at  any  other  premises,  any 


Acts,  1945. —  Chap.  732.  933 

alcoholic  beverages  or  alcohol  of  the  classes  affected  by  this 
section  with  respect  to  which  an  excise  has  not  been  paid  or 
is  not  payable  under  this  section  shall  make  and  file  with  the 
commissioner  of  corporations  and  taxation  a  complete  in- 
ventory thereof  within  twenty  days  thereafter,  and  shall  pay 
to  said  commissioner  at  the  time  of  filing  such  inventory  an 
excise  with  respect  thereto  computed  at  the  rates  imposed 
by  this  section.  All  provisions  of  section  twenty-one  of 
chapter  one  hundred  and  thirtj'^-eight  of  the  General  Laws, 
as  amended,  relative  to  the  collection,  verification  and  ad- 
ministration of  taxes  applicable  to  licensees  under  said  chap- 
ter one  hundred  and  thirty-eight  shall  in  so  far  as  pertinent 
be  applicable  to  the  excise  herein  imposed. 

The  words  "alcoholic  beverages",  as  used  in  this  section, 
shall  mean  alcoholic  beverages  as  defined  in  section  one  of 
chapter  one  hundred  and  thirty-eight  of  the  General  Laws. 
The  word  "alcohol",  as  used  in  this  section,  shall  mean 
alcohol  subject  to  any  provision  of  said  chapter  one  hun- 
dred and  thirty-eight,  but  shall  not  include  alcohol  sold  for 
scientific,  chemical,  mechanical,  manufacturing,  industrial, 
culinar}^',  pharmaceutical  or  medical  purposes  in  containers 
greater  in  capacity  than  one  wine  gallon. 

Section  12.  The  state  treasurer  may  borrow  at  any 
time  during  a  fiscal  year,  in  anticipation  of  the  receipts  for 
that  year  from  the  taxes  imposed  by  this  act,  such  sums  of 
money  as  may  be  necessary  for  the  payment  of  the  expendi- 
tures authorized  by  this  act,  and  may  issue  notes  therefor. 
Money  so  borrowed  and  notes  so  issued  may  be  at  such 
rates  of  interest  as  shall  be  found  necessary.  He  shall  re- 
pay any  sums  borrowed  under  this  section  as  soon  after  said 
receipts  are  paid  as  is  expedient,  but  in  any  event  before  the 
close  of  the  fiscal  year  in  which  the  same  were  borrowed. 

Section  13.  The  proceeds  of  taxes  assessed  under  this 
act  shall  be  used  to  meet  the  payments  authorized  here- 
under. Approved  July  25,  19 45. 

An  Act  making  appropriations  to  provide  a  special  (Jfidj)  732 

PROGRAM  OF  CONSTRUCTION,  RECONSTRUCTION,  ALTER- 
ATION  AND  IMPROVEMENT  OF  VARIOUS  STATE  INSTITU- 
TIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  To  provide  a  special  program  of  construc- 
tion, reconstruction,  alteration  and  improvement  of  various 
state  institutions,  the  sums  set  forth  in  section  two  of  this 
act,  for  the  several  purposes  and  subject  to  the  conditions 
specified  in  said  section  two,  are  hereby  appropriated  from 
the  general  fund  or  revenue  of  the  commonwealth,  unless 
some  other  source  of  revenue  is  expressed,  subject  to  the 
provisions  of  law  regulating  the  disbursement  of  public 
funds  and  the  approval  thereof,  for  the  current  fiscal  year, 
or  for  such  other  period  as  may  be  specified;  provided,  that 
if  funds  shall  be  made  available  for  any  of  said  purposes  by 


934  Acts,  1945. —  Chap.  732. 

the  United  States  government  the  amounts  appropriated  in 
said  section  two  for  such  purposes  shall  be  reduced  by  the 
amounts  of  such  federal  funds  made  available  therefor. 
Section  2. 

Service  of  the  Executive  Department. 
Item 

0401-36  For  the  purchase  of  a  site  and  the  preparation  of 
plans  by  the  governor,  with  the  approval  of  the 
council,  for  a  new  soldiers'  home  to  be  located 
in  Hampden,  Hampshire,  Franklin  or  Berk- 
shire county S100,000 

Service  of  the  Soldiers'  Home  in  Massachusetts. 
0430-25  For  the  cost  of  construction  of  a  three  hundred 
bed  hospital  building  at  the  Soldiers'  Home  in 
Massachusetts,  to  be  located  upon  land  to  be 
donated  to  the  commonwealth  by  the  city  of 
Chelsea,  as  provided  by  chapter  four  hundred 
and  thirty-two  of  the  acts  of  the  current  year, 
to  which  shall  be  added  the  sum  of  seven  hun- 
dred and  fifty  thousand  dollars  authorized  for 
an  addition  at  said  home  by  chapter  two  of 
the  resolves  of  nineteen  hundred  and  forty-four, 
including  the  cost  of  the  preparation  of  plans 
and  of  furnishings  and  equipment  .         .         .     $750,000 

Item  0430-22  of  section  two  of  chapter  four  hundred  and 
four  of  the  acts  of  nineteen  hundred  and  forty-five  is  hereby 
amended  by  inserting  after  the  word  "facilities"  in  the 
third  line  the  words:  —  required  for  the  furnishing  of  heat 
and  power  to  said  home,  including  the  new  hospital  building 
authorized  by  item  0430-25  of  this  section. 

Service  of  the  Department  of  Education. 

Item 

Massachusetts  Maritime  Academy : 

1306-24  For  the  construction  of  an  armory  and  drill  hall 
and  an  engineering  and  laboratory  building,  to 
include  space  for  the  housing  of  certain  equip- 
ment, and  for  the  installation  of  a  central  heat- 
ing plant,  the  sum  of  seventy  thousand  dollars 
is  hereby  appropriated,  the  same  to  be  in  addi- 
tion to  the  sums  of  sixty-five  thousand  dollars 
and  three  hundred  thousand  dollars  appro- 
priated by  items  1306-21  and  1306-23,  re- 
spectively of  section  two  of  chapter  four 
hundred  and  four  of  the  acts  of  the  current 
year,  which  sums  are  hereby  transferred  to 
this  item $70,000 

Massachusetts  State  College: 
1341-85     For  certain  repairs  and  improvements  to  steam 

lines  and  the  electrical  distribution  system         .        130,000 
1341-86     For  the  construction  of  a  home  economics  build- 
ing, so  called,  including  the  cost  of  furnishings 
and  equipment      ......        393,750 

Service  of  the  Department  of  Mental  Health. 

1701-21  For  the  purchase  of  a  site,  with  the  approval  of 
the  governor,  and  the  preparation  of  plans  for 
a  new  home  for  the  care,  treatment  and  occu- 
pational education  of  feeble-minded  children   .     $200,000 


Acts,  1945. —  Chap.  732.  935 

Item 

Boston  state  hospital: 
1711-27     For  certain  plumbing  improvements  .  .  .        $27,500 

Dan  vers  state  hospital : 
1712-30     For  certain  fireproofing,  and  plumbing  and  heat- 
ing improvements  .....        308,750 

Foxborough  state  hospital : 

1713-27  To  provide  eighty-four  additional  beds  by  certain 
additions  and  alterations  to  the  "C"  building, 
so  called,  including  the  cost  of  furnishings  and 
equipment    .......        118,750 

1713-28  To  provide  adequate  facilities  for  a  disturbed 
ward,  and  to  improve  dining  facilities,  by  cer- 
tain additions  and  alterations  to  the  "N"  and 
"O"  ward  buildings,  so  called,  including  the 
cost  of  furnishings  and  equipment  .  .       218,750 

1713-29  To  provide  additional  kitchen  and  dining  facili- 
ties and  for  the  establishment  of  a  cafeteria 
system,  so  called,  including  the  cost  of  furnish- 
ings and  equipment        .....        396,250 

Grafton  state  hospital : 
1715-33     To  provide  sixty-one  additional  beds  by  certain 
alterations  to  the  Pines  Service  Building,  so 
called,  including  the  cost  of  furnishings  and 
equipment    .......         67,500 

Medfield  state  hospital : 
1716-29     For  the  renovation  of  certain  dining  rooms,  serv- 
ing rooms  and  toilets,  including  the  cost  of 
furnishings  and  equipment     ....  95,000 

Northampton  state  hospital: 
1718-27  For  certain  fireproofing  and  improvements  to 
plumbing  facilities,  and  the  sum  of  thirty  thou- 
sand dollars  appropriated  by  item  1718-26  of 
section  two  of  chapter  four  hundred  and  four 
of  the  acts  of  the  current  year  is  hereby  trans- 
ferred and  added  to  tliis  item         .  .  .       250,000 

Taunton  state  hospital: 
1719-30     For  certain  improvements  and  additions  to  the 

heating  system  and  power  plant     .  .  .  86,250 

Westborough  state  hospital : 
1720-26     To  provide  ninety-two  additional  beds  and  addi- 
tional  day  space   by   certain   alterations   and 
additions  to  existing  buildings,  including  the 
cost  of  furnishings  and  equipment  .  .  .        145,000 

Worcester  state  hospital : 

1721-31  For  certain  fireproofing  and  plumbing  improve- 
ments   348,750 

1721-32  For  the  cost  of  alterations  and  additions  to  pro- 
vide a  new  kitchen  and  cafeteria  at  the  Summer 
street  branch,  so  called,  including  the  cost  of 
furnishings  and  equipment      ....        228,750 

Monson  state  hospital: 
1722-29     For  the  cost  of  new  storage  tanks  and  other  im- 
provements to  the  water  supply  system    .  .         47,500 


936 


Acts,  1945. —  Chap.  732. 


Item 

1723-22 
1723-23 

1725-26 


Belchcrtown  state  school : 
For  the  construction  of  a  new  building  containing 

two  hundred  and  thirtj'-one  additional  beds, 

including  the  cost  of  furnishings  and  equipment      $537,500 
For  certain  improvements  and  additions  to  the 

power  plant  ......  73,750 

Wrentham  state  school: 
For  certain  improvements  and  additions  to  the 
power  plant  electrical  distribution  system  and 
refrigeration  plant  .....        381,250 


Service  of  the  Department  of  Correction. 

1801-15  For  the  preparation  of  plans  for  the  construction 
of  a  new  state  prison  on  land  now  owned  by  the 
commonwealth  in  the  town  of  Bridgewater       .        $25,000 

1806-28  For  the  construction  of  a  thirty -five  bed  custodial 
cottage  at  the  reformatory  for  women,  includ- 
ing the  cost  of  furnishings  and  equipment         .  95,000 

1806-29  For  certain  repairs  and  improvements  to  the  steam 
and  electrical  distribution  systems  at  the  re- 
formatory for  women     .....        147,500 


Service  of  the  Department  of  Public  Welfare. 

1916-21  For  the  construction  of  a  power  plant  and  steam 
and  hot  water  distribution  systems  at  the  in- 
dustrial school  for  girls  .....      $157,500 

1918-23  For  the  construction  of  a  thirty  bed  cottage  and 
an  industrial  building  at  the  Massachusetts 
hospital  school,  including  the  cost  of  furnishings 
and  equipment      ......        193,750 

1919-26     For  the  installation  of  generating  equipment  at 

the  Tewksbury  state  hospital  and  infirmary     .  48,750 


Service  of  the  Department  of  Public  Health. 

2001-22  For  the  preparation  of  plans  for  a  new  chronic 
disease  hospital  to  be  constructed  upon  a  site 
to  be  selected  by  the  governor  on  land  now 
owned  by  the  commonwealth,  including  land 
under  the  control  of  the  metropolitan  district 
commission,  the  sum  of  two  hundred  thousand 
dollars  is  hereby  made  available  from  sums 
heretofore  allocated  to  the  emergency  pubhc 
works  commission  under  section  ten  of  chapter 
three  hundred  and  seventy  of  the  acts  of  nine- 
teen hundred  and  forty-three;  pro^^ded,  that 
no  plans  for  the  construction  of  such  a  hospital 
shall  be  prepared  under  authority  of  this  item 
unless  and  until  the  location  of  the  site  of  such 
hospital  shall  have  been  approved  by  each 
mimicipality  within  the  territorial  limits 
whereof  such  hospital  is  proposed  to  be  located, 
and  each  municipality  contiguous  thereto,  in  a 
city  by  vote  of  the  city  council  thereof,  subject 
to  the  provisions  of  its  charter,  and  in  a  town 
by  vote  of  the  selectmen  thereof. 

2022-26  For  the  installation  of  a  fire  alarm  system  at  the 
Lakeville  state  sanatorium      .... 

2024-24  For  the  construction  of  a  water  storage  tank  and 
the  installation  of  a  fire  alarm  system  at  the 
Rutland  state  sanatorium       .... 


$11,250 
33,750 


Acts,  1945.  —  Chap.  733.  937 

Section  3.  No  payment  shall  be  made  or  obligation 
incurred  in  carrying  out  any  of  the  aforesaid  projects  until 
plans,  specifications  and  contracts  therefor,  and  alterations 
thereto  subsequently  proposed,  have  been  approved  by  the 
emergency  public  works  commission,  unless  otherwise  pro- 
vided by  such  rules  or  regulations  as  said  commission  may 
make. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  July  25,  1945. 

An  Act  relative  to  the  terms  of  certain  bonds  and  Chav. 7S3 

NOTES    TO    BE    ISSUED    BY    THE    COMMONWEALTH. 

Whereas,  The  deferred  operation  of  this  act  would  cause 
great  inconvenience  in  the  issues  of  bonds  and  notes  to  carry 
out  the  purposes  of  various  acts  passed  at  the  current  ses- 
sion of  the  general  court,  therefore  it  is  hereby  declared  to 
be  an  emergency  law,  necessary  for  the  immediate  preser- 
vation of  the  public  safety  and  convenience. 

Be  it  enacted,  etc.,  as  follows:  — 

Section  1.  Notwithstanding  anj^  provision  of  law  to  the 
contrar}^,  the  notes  which  the  state  treasurer  is  authorized 
to  issue  under  section  five  of  chapter  forty-nine  of  the  acts 
of  nineteen  hundred  and  thirty-three,  as  most  recently 
amended  by  section  two  of  chapter  three  hundred  and 
twenty-four  of  the  acts  of  the  current  year,  shall  be  issued 
for  maximum  terms  of  years  to  expire  not  later  than  No- 
vember thirtieth,  nineteen  hundred  and  fifty,  as  recom- 
mended by  the  governor  in  a  message  to  the  general  court, 
dated  July  twenty-fourth,  nineteen  hundred  and  forty-five, 
in  pursuance  of  section  3  of  Article  LXII  of  the  amendments 
to  the  constitution  of  the  commonwealth. 

Section  2.  Notwithstanding  any  provision  of  law  to  the 
contrary,  the  bonds  which  the  state  treasurer  is  authorized 
to  issue  under  section  four  of  chapter  three  hundred  and 
eighty-three  of  the  acts  of  the  current  year,  directing  the 
department  of  public  works  to  make  provision  for  the  con- 
tinued development  of  the  General  Edward  Lawrence  Logan 
Airport  at  East  Boston,  shall  be  issued  for  terms  not  exceed- 
ing ten  years  from  their  dates  of  issue ;  and  such  bonds  shall 
be  payable  not  earlier  than  July  first,  nineteen  hundred  and 
fifty,  nor  later  than  June  thirtieth,  nineteen  hundred  and 
fifty-five,  and  the  maturities  thereof  shall  be  so  arranged 
that  the  amounts  payable  in  the  several  years,  other  than 
the  final  j^ear,  shall  be  as  nearly  equal  as  in  the  opinion  of 
the  state  treasurer  it  is  practicable  to  make  them,  as  recom- 
mended by  the  governor  in  his  message  to  the  general  court, 
dated  July  twenty-fourth,  nineteen  hundred  and  forty-five, 
in  pursuance  of  section  3  of  Article  LXII  of  the  amendments 
to  the  constitution  of  the  commonwealth. 

Section  3.  Notwithstanding  any  provision  of  law  to  the 
contrary,  the  bonds  which  the  state  treasurer  is  authorized 
to  issue  under  section  three  of  chapter  five  hundred  and 


938  Acts,  1945. —  Chap.  733. 

eighty-seven  of  the  acts  of  the  current  year,  relative  to  the 
furnishing  of  water  to  towns  in  the  metropolitan  water  dis- 
trict and  certain  other  towns,  shall  be  issued  for  terms  of  not 
exceeding  thirty  years  from  the  date  of  each  issue,  and  shall 
be  payable  serially  in  such  amounts  and  at  such  times  as 
the  state  treasurer,  with  the  approval  of  the  governor,  may 
determine,  and  the  principal  payments  of  each  issue  shall 
be  made  annually  in  amounts  as  nearly  equal  as  may  be, 
as  recommended  by  the  governor  in  his  message  to  the  gen- 
eral court  dated  July  twenty-fourth,  nineteen  hundred  and 
forty-five,  in  pursuance  of  section  3  of  Article  LXII  of  the 
amendments  to  the  constitution  of  the  commonwealth. 

Section  4.  Notwithstanding  any  provision  of  law  to  the 
contrary,  the  bonds  which  the  state  treasurer  is  authorized 
to  issue  under  section  five  of  chapter  five  hundred  and  ninety- 
one  of  the  acts  of  the  current  year,  to  provide  for  the  admis- 
sion of  the  town  of  Hingham  to  the  south  metropolitan  sew- 
erage district  for  the  benefit  of  a  part  of  the  town,  shall  be 
issued  for  terms  not  exceeding  ten  years,  as  recommended  by 
the  governor  in  his  message  to  the  general  court  dated  July 
twenty-fourth,  nineteen  hundred  and  forty-five,  in  pursu- 
ance of  section  3  of  Article  LXII  of  the  amendments  to  the 
constitution  of  the  commonwealth. 

Section  5.  Notwithstanding  any  provision  of  law  to  the 
contrary,  the  bonds  which  the  state  treasurer  is  authorized 
to  issue  under  section  ten  of  chapter  six  hundred  and  nine- 
teen of  the  acts  of  the  current  year,  abolishing  the  Boston 
Port  Authority,  and  establishing  a  Port  of  Boston  Authority 
and  defining  its  powers  and  duties,  shall  be  issued  for  terms 
of  not  exceeding  twenty  years,  and  the  maturities  thereof 
shall  be  so  arranged  that  the  amount  payable  each  year, 
other  than  the  final  year,  shall  be  as  nearly  equal  as  in  the 
opinion  of  the  state  treasurer  it  is  practicable  to  make  them, 
as  recommended  by  the  governor  in  his  message  to  the  gen- 
eral court  dated  July  twenty-fourth,  nineteen  hundred  and 
forty-five,  in  pursuance  of  section  3  of  Article  LXII  of  the 
amendments  to  the  constitution  of  the  commonwealth. 

Section  6.  Notwithstanding  any  provision  of  law  to  the 
contrary,  the  bonds  which  the  state  treasurer  is  authorized 
to  issue  under  section  six  of  chapter  six  hundred  and  sixty- 
five  of  the  acts  of  the  current  year,  authorizing  the  state 
department  of  public  works  to  construct  a  pier  in  the  port 
of  Fall  River,  to  provide  storage  terminal  facilities  and  other- 
wise to  improve  the  facihties  for  maritime  commerce  in  said 
port,  shall  be  issued  for  terms  of  not  exceeding  ten  years, 
and  the  maturities  thereof  shall  be  so  arranged  that  the 
amounts  payable  each  year,  other  than  the  final  year,  shall 
be  as  nearly  equal  as  in  the  opinion  of  the  state  treasurer 
it  is  practicable  to  make  them,  as  recommended  by  the  gov- 
ernor in  his  message  to  the  general  court  dated  July  twenty- 
fourth,  nineteen  hundred  and  forty-five,  in  pursuance  of 
section  3  of  Article  LXII  of  the  amendments  to  the  consti- 
tution of  the  commonwealth. 


Acts,  1945. —  Chap.  734.  939 

Section  7.  Notwithstanding  any  provision  of  law  to  the 
contrary,  the  bonds,  notes  or  other  forms  of  written  acknowl- 
edgment of  debt  which  the  state  treasurer  is  authorized  to 
issue  under  section  eight  of  chapter  seven  hundred  and  five 
of  the  acts  of  the  current  year,  further  providing  for  sewage 
disposal  needs  of  the  north  and  south  metropolitan  sewer- 
age districts  and  communities  which  now  or  hereafter  may 
be  included  in  said  districts,  shall  be  issued  for  terms  not 
exceeding  twenty  years  from  their  dates  of  issue,  and  the 
notes  which  said  treasurer  is  authorized  to  issue  under  sec- 
tion ten  of  said  chapter  shall  be  issued  for  terms  not  exceed- 
ing one  year  from  their  dates  of  issue,  as  recommended  by 
the  governor  in  a  message  to  the  general  court  dated  July 
twenty-fourth,  nineteen  hundred  and  forty-five,  in  pursu- 
ance of  section  3  of  Article  LXII  of  the  amendments  to  the 
constitution  of  the  commonwealth. 

Approved  July  25,  1945. 


An  Act  enabling  the  town  and  county  of  barnstable  Chav  734 

AND  the  commonwealth  TO  CONTRIBUTE  TO  THE  COST 
OF  SHORE  PROTECTIVE  WORK  MADE  NECESSARY  BY  FLOOD 
AND   HURRICANE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Barnstable  is  hereby  authorized 
to  appropriate  and  contribute,  and  to  contribute  money 
already  appropriated,  to  reimburse  the  owners  of  shore  front 
property  in  the  town  of  Barnstable  for  shore  protective  work 
done,  in  process  and  contracted  for,  made  necessary  by  flood 
and  hurricane,  and  to  furnish  additional  shore  protection  to 
said  property  up  to  but  not  more  than  fifty  per  cent  of  the 
cost  of  such  work  as  paid  for  or  contracted  for  by  such 
owners,  such  cost  to  be  determined  by  the  department  of 
public  works. 

Section  2.  The  county  of  Barnstable  may  contribute 
money  and  may  raise  the  same  as  provided  by  chapter  two 
hundred  and  seven  of  the  acts  of  nineteen  hundred  and  forty- 
five,  for  the  reimbursement  of  such  owners  of  shore  front 
property  in  said  county  up  to  but  not  more  than  twenty-five 
per  cent  of  the  cost  of  such  shore  protective  work,  such  cost 
to  be  determined  by  the  department  of  public  works. 

Section  3.  The  department  of  public  works  is  hereby 
authorized  to  contribute,  from  available  funds,  money  to 
reimburse  such  owners  of  shore  front  property  in  the  town 
or  county  of  Barnstable  up  to  but  not  more  than  fifty  per 
cent  of  the  cost  of  such  shore  protective  work,  such  cost  to 
be  determined  by  the  department  of  public  works. 

Section  4.  The  total  of  the  contributions  from  the  town 
and  county  of  Barnstable  and  the  department  of  public 
works  to  reimburse  such  owners  of  shore  front  property 
shall  not  exceed  seventy-five  per  cent  of  the  cost  of  such 


940 


Acts,  1945.  —  Chap.  735. 


work  as  paid  for  or  contracted  for  by  such  owners,  such  cost 
to  be  determined  by  the  department  of  pubUc  works. 

Approved  July  25,  19J^5. 


G.  L.  (Ter. 
Ed.),  62,  §  1, 
etc.,  amended. 


Dividends  on 
shares  in  cor- 
porations, etc., 
except,  etc. 


Chap. 7 S5  An  Act  discontinuing  the  income  tax  exemption  as  to 

CERTAIN  dividends,  REPEALING  THE  DIVIDEND  CREDIT  OF 
CORPORATIONS  AND  MODIFYING  CERTAIN  DISTRIBUTIVE 
PROVISIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  sixty-two  of  the  Gen- 
eral Laws,  as  amended,  is  hereby  further  amended  by  strik- 
ing out  subsection  (b),  as  appearing  in  the  Tercentenary 
Edition,  and  inserting  in  place  thereof  the  following:  — 

(6)  Dividends,  other  than  stock  dividends  paid  in  new 
stock  of  the  company  issuing  the  same,  on  shares  in  all  cor- 
porations, joint  stock  companies  and  banking  associations, 
organized  under  the  laws  of  this  commonwealth  or  under 
the  laws  of  any  state  or  nation,  except  co-operative  banks 
and  credit  unions  chartered  by  the  commonwealth,  and 
except  savings  and  loan  associations  under  the  supervision 
of  the  commissioner  of  banks,  and  except  federal  savings 
and  loan  associations  located  in  the  commonwealth. 

Section  2.  Section  thirty-three  of  said  chapter  sixty- 
two,  as  amended  by  section  four  of  chapter  forty-five  of  the 
acts  of  nineteen  hundred  and  forty-three,  is  hereby  further 
amended  by  striking  out  the  second  paragraph,  as  appearing 
in  the  Tercentenary^  Edition,  and  inserting  in  place  thereof 
the  following :  — 

Every  corporation  organized  under  the  laws  of  this  com- 
monwealth and  every  corporation  doing  business  therein, 
including  every  banking  association  organized  under  the 
laws  of  any  state  or  nation,  and  every  partnership,  associa- 
tion or  trust,  the  beneficial  interest  in  which  is  represented 
by  transferable  shares,  doing  business  in  the  commonwealth, 
unless  the  dividends  paid  on  its  shares  are  exempt  from  tax- 
ation under  section  one,  shall  annually  file  with  the  commis- 
sioner in  such  form  as  he  shall  from  time  to  time  prescribe, 
a  complete  list  of  the  names  and  addresses  of  its  shareholders 
as  of  record  on  December  thirty-first  of  the  preceding  year, 
or  on  any  other  date  satisfactory  to  the  commissioner,  or, 
in  its  discretion,  of  such  shareholders  as  are  residents  of  the 
commonwealth,  together  with  the  number  and  class  of  shares 
held  by  each  shareholder,  the  rate  of  dividends  paid  on  each 
class  of  stock  for  such  preceding  year,  and  the  amount  of 
dividends  paid  during  such  year  to  each  shareholder. 

Section  3.  Section  forty-three  of  chapter  sixty-three  of 
the  General  Laws,  as  appearing  in  the  Tercentenary  Edition, 
is  hereby  repealed. 

Section  4.  Chapter  fifty-eight  of  the  General  Laws  is 
hereby  amended  by  striking  out  section  eighteen,  as  most 
recently  amended  by  section  one  of  chapter  six  hundred  and 
twenty-four  of  the  acts  of  nineteen  hundred  and  forty-five, 


G.  L.  (Ter. 
Ed.),  62,  §  33, 
etc.,  amended. 


Corporations, 
etc.,  required 
to  file  certain 
lists. 


G.  L.  (Ter. 
Ed.),  63.  §  43, 
repealed. 


G.  L.  (Ter. 
Ed.),  68,  §  18, 
etc.,  amended. 


Acts,  1945. —  Chap.  736.  941 

and  inserting  in  place  thereof  the  following:  —  Section  18.  jnifoine^tax'*  °^ 
Except  as  provided  in  section  seven  A  of  chapter  sixty-two, 
the  state  treasurer  shall,  on  or  before  April  fifteenth  in  each 
year,  distribute  the  amounts  of  taxes  on  incomes  under 
chapter  sLxty-two  theretofore  collected  by  the  common- 
wealth to  the  several  cities  and  towns  in  proportion  to  the 
amounts  of  the  last  preceding  state  tax  imposed  upon  them, 
and  shall,  on  or  before  November  twentieth  in  the  same  year, 
distribute  to  such  cities  and  towns  in  the  same  proportion, 
the  balance  of  such  taxes  collected  after  said  April  fifteenth, 
after  deducting  a  sum  sufficient  to  reimburse  the  common- 
wealth for  the  expenses  incurred  in  the  collection  and  distri- 
bution of  said  income  taxes  and  for  such  of  said  taxes  as 
have  been  refunded  under  said  chapter  sixty-two  or  section 
twenty-seven  of  this  chapter  during  said  year,  together  with 
2iX\y  interest  or  costs  paid  on  account  of  refunds,  and  a  fur- 
ther sum  determined  by  the  commissioner  to  be  the  equiva- 
lent of  the  tax  derived  from  dividends  of  such  foreign  cor- 
porations as  are  subject  to  tax  upon  their  franchises  payable 
to  the  commonwealth  under  section  fifty-eight  of  chapter 
sixty-three,  which  shall  be  retained  by  the  commonwealth, 
and  after  deducting  also  such  amount  as  is  to  be  taken  from 
the  proceeds  of  the  income  tax  under  chapter  seventy. 

Section  5.    Sections  one  and  two  of  this  act  shall  apply  Application  of 
only  with  respect  to  dividends  received  in  the  year  nineteen  ^^  ^  *"^  ^• 
hundred  and  forty-six  and  thereafter. 

Approved  July  2h,  lO/^o. 


An  Act  in  addition  to  the  general  appropriation  act  nhrjjx  7QA 

MAKING   APPROPRIATIONS   TO    SUPPLEMENT    CERTAIN    ITEMS  ^' 

contained    THEREIN,    AND    FOR    CERTAIN    NEW    ACTIVITIES 
AND    PROJECTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  To  provide  for  supplementing  certain  items 
in  the  general  appropriation  act,  and  for  certain  new  activi- 
ties and  projects,  the  sums  set  forth  in  section  two,  for  the 
particular  purposes  and  subject  to  the  conditions  stated 
therein,  are  hereby  appropriated  from  the  general  fund  or 
ordinary  revenue  of  the  commonwealth,  unless  some  other 
source  of  revenue  is  expressed,  subject  to  the  provisions  of 
law  regulating  the  disbursement  of  public  funds  and  the  ap- 
proval thereof,  for  the  fiscal  year  ending  June  thirtieth,  nine- 
teen hundred  and  forty-six,  in  said  section  two  referred  to  as 
the  year  nineteen  hundred  and  fortj'-six,  or  for  such  other 
period  as  may  be  specified. 

Section  2. 

Service  of  the  Legislative  Department. 

Item 

0101-09  For  the  salary  of  the  sergeant-at-arms,  to  be 
in  addition  to  any  amount  heretofore  ap- 
propriated for  the  purpose        .  .  .  $1,000  00 


942  Acts,  1945.  —  Chap.  736. 

Item 

0101-10  For  clerical  and  other  assistance  employed  by 
the  sergeant-at-arms,  including  not  more 
than  four  permanent  positions,  to  be  in 
addition  to  any  amount  heretofore  appro- 
priated for  the  purpose    ....  $2,360  00 

0101-11  For  the  compensation  for  travel  of  doorkeep- 
ers, assistant  doorkeepers,  general  court 
officers,  pages  and  other  employees  of  the 
sergeant-at-arms,  authorized  by  law  to 
receive  the  same,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the 
purpose  .  ....  19,000  00 

0101-12  For  the  salaries  of  the  doorkeepers  of  the 
senate  and  house  of  representatives,  with 
the  approval  of  the  sergeant-at-arms,  in- 
cluding not  more  than  two  permanent 
positions,  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose     .  1,500  00 

0101-13  For  the  salaries  of  assistant  doorkeepers  of 
the  senate  and  house  of  representatives  and 
of  general  court  officers,  with  the  approval 
of  the  sergeant-at-arms,  including  not 
more  than  twenty-five  permanent  positions, 
to  be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose    .  .         .  14,150  00 

0101-14  For  compensation  of  the  pages  of  the  senate 
and  house  of  representatives,  with  the  ap- 
proval of  the  sergeant-at-arms,  including 
not  more  than  fifteen  permanent  positions, 
to  be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose    .  .  .  2,350  00 

0101-15  For  the  salaries  of  clerks  emjiloyed  in  the 
legislative  document  room,  including  not 
more  than  two  permanent  positions,  to  be 
in  addition  to  any  amount  heretofore  appro- 
priated for  the  purpose    ....  1,200  00 

Service  of  the  Judicial  Department. 

Superior  Court,  as  follows: 
0302-02     For  traveling  allowances  and  expenses,  to  be 
in  addition  to  any  amount  heretofore  ap- 
propriated for  the  purpose        .         .         .  $2,000  00 

Justices  of  District  Courts: 
0302-11     For    compensation    of    justices    of    district 
courts  while  sitting  in  the  superior  court, 
to  be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose    .         .         .  3,000  00 

0302-12  For  expenses  of  justices  of  district  courts 
while  sitting  in  the  superior  court,  to  be 
in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose    .  .  .  375  00 

0302-13  For  reimbursing  certain  counties  for  com- 
pensation of  certain  special  justices  for 
services  in  holding  sessions  of  district  courts 
in  place  of  the  justice,  wliile  sitting  in  the 
superior  court,  for  the  year  nineteen  hun- 
dred and  forty-six  and  the  previous  year, 
to  be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose    .         .         .  1,700  00 

Probate  and  Insolvency  Courts,  as  follows: 

0305-03     For  expenses  of  judges  of  probate  when  acting 

for  other  judges  of  probate,  for  the  year 

nineteen  hxmdred  and  forty-six  and  the 


Acts,  1945. —  Chap.  736. 


943 


Item 


0311-02 


previous  year,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the 
purpose  ...... 

Board  of  Probation: 
For  services  other  than  personal,  including 
printing  the  annual  report,  traveling  ex- 
penses, rent,  office  supplies  and  equip- 
ment, to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose 


$200  00 


1,500  00 


0401-04 


0401-40 
0401-60 


Service  of  the  Executive  Department. 

For  the  salaries  of  officers  and  employees  of 
the  department,  including  not  more  than 
sixteen  permanent  positions,  to  be  in  addi- 
tion to  any  amount  heretofore  appropriated 
for  the  purpose $3,000  00 

Specials: 

(This  item  omitted.) 

To  provide  for  emergency  expenditures  and 
to  meet  deficiencies  in  existing  appropria- 
tions, the  sum  of  two  hundred  and  fifty 
thousand  dollars  is  hereby  appropriated, 
to  be  expended  under  the  direction  of  the 
governor,  with  the  approval  of  the  council, 
and  in  addition  to  this  amount  the  sum  of 
one  hundred  thousand  dollars  appropriated 
under  Item  0401-60  of  chapter  four  hun- 
dred and  four  of  the  acts  of  the  current  year 
is  hereby  made  available  for  this  purpose. 
Requests  for  any  such  expenditures  or 
transfers  shall  be  referred  by  the  governor 
to  the  commission  on  administration  and 
finance,  which,  after  investigation  of  the 
need  of  such  expenditure,  shall  forthwith 
submit  to  the  governor  its  written  recom- 
mendation of  the  amount  of  funds  required, 
together  with  pertinent  facts  relative 
thereto.  Expenditures  herein  authorized 
shall  cease  not  later  than  sixty  days  after 
the  governor,  with  the  advice  and  consent 
of  the  council,  shall  have  proclaimed  that 
the  existing  emergency  has  ended,  and  no 
new  obligations  may  be  authorized  here- 
under after  January  second,  m'neteen  hun- 
dred and  forty-six.  Persons  whose  em- 
ployment is  created  by  reason  of  money 
herein  appropriated  shall  not  be  subject  to 
civil  service  laws  or  the  rules  and  regula- 
tions made  thereunder,  but  their  employ- 
ment and  salary  rates  shall  be  subject  to  the 
rules  and  regulations  of  the  division  of 
personnel  and  standardization  .  .  250,000  00 


Service  of  the  Adjutant  General. 

0402-02  For  personal  services  of  office  assistants,  in- 
cluding services  for  the  preparation  of 
records  of  Massachusetts  soldiers  and 
sailors,  and  including  not  more  than  eight- 
een permanent  positions,  to  be  in  addition 
to  any  amount  heretofore  appropriated 
for  the  purpose        ..... 


$120  00 


944  Acts,  1945. —  Chap.  736. 

Item 

0402-04  For  expenses  not  otherwise  provided  for  in 
connection  with  military  matters  and  ac- 
counts, to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose     .  $2,474  00 

Service  of  the  Organized  Militia. 

0403-07  For  transportation  of  officers  and  non-com- 
missioned officers  to  and  from  military 
meetings  and  regimental  and  battalion 
drills,  to  be  in  addition  to  any  amount  here- 
tofore appropriated  for  the  purpose  .  .  $650  00 

Service  of  the  Armory  Commission. 

Special : 
0409-26     For   the    purchase    of   certain    land   at    the 

Gloucester  armory  ....  $800  00 

Service  of  the  Commission  on  Administration  and  Finance. 

041.5-02  For  personal  services  of  the  bureau  of  the 
comptroller,  including  not  more  than 
eighty-nine  permanent  positions,  to  be  in 
addition  to  the  amount  authorized  for  the 
purpose  in  Item  2970-09,  and  to  be  in 
addition  to  any  amount  heretofore  appro- 
priated for  the  purpose    ....  $240  00 

0415-03  For  personal  services  of  the  bureau  of  the 
purchasing  agent,  including  not  more  than 
fifty-one  permanent  positions,  to  be  in 
addition  to  the  amount  authorized  for  the 
purpose  in  Item  2970-09,  and  to  be  in 
addition  to  any  amount  heretofore  appro- 
priated for  the  purpose  ....  4,020  00 
Item  0415-03  of  section  two  of  chapter  four 
hundred  and  four  of  the  acts  of  the  current 
year  is  hereby  amended  by  striking  out  the 
figures  "62,000"  and  inserting  in  place 
thereof  the  figures  "71,720". 
It«m  0415-04  of  section  two  of  chapter  four 
hundred  and  four  of  the  acts  of  the  current 
year  is  hereby  amended  in  line  two,  after 
the  word  "than",  by  striking  out  the  word 
"forty-one"  and  inserting  in  place  thereof 
the  word  "  thirty -one  " ,  and  by  striking  out 
the  figures  "83,800"  and  inserting  in  place 
thereof  the  figures  "74,080". 

0415-05  For  other  expenses  incidental  to  the  duties 
of  the  commission,  to  be  in  addition  to  any 
amount  heretofore  anpropriated  for  the 
purpose  .         .    '     .  .  .  6,000  00 

Telephone  service: 
0415-10     For  telephone  service  in  the  state  house  and 
expenses  in  connection  therewith,  to  be  in 
addition  to  any  amount  heretofore  appro- 
priated for  the  purpose    ....  850  00 

Service  of  the  State  Superintendent  of  Buildings. 
0416-05  For  other  personal  services  incidental  to  the 
care  and  maintenance  of  the  state  house 
and  of  the  Ford  building,  so  called,  includ- 
ing not  more  than  seventy-nine  perma- 
nent positions,  to  be  in  addition  to  any 
amount  heretofore  ajipropriated  for  the 
purpose $1,620  00 


Acts,  1945.  —  Chap.  736. 


945 


0418-01 


0418-02 


Item 

0416-14  For  other  services,  supplies  and  equipment 
necessary  for  tlie  maintenance  and  care  of 
the  state  house  and  grounds  and  of  the  Ford 
building,  so  called,  including  repairs  of  fur- 
niture and  equipment,  to  be  in  addition  to 
any  amount  heretofore  appropriated  for 
the  purpose $7,500  00 

Service  of  the  State  Racing  Commission. 

The  following  items  shall  be  payable  from 
fees  collected  under  chapter  one  hundred 
and  twenty-eight  A  of  the  General  Laws : 

For  personal  services,  including  not  more  than 
eight  permanent  positions,  to  be  in  addition 
to  any  amount  heretofore  appropriated  for 
the  purpose $04,000  00 

For  other  administrative  expenses,  including 
rent  of  offices,  travel,  and  office  and  inci- 
dental expenses,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the 
purpose tj,000  00 

For  the  Maintenance  oj  the  Mount  Greylock  War  Memorial. 

Special : 
0443-21     For  certain  repairs  to  the  Mount  Greylock 

War  Memorial $3,000  00 

Service  of  the  Secretary  of  the  Co7)imo7iwealth. 

Commission  on  Interstate  Co-operation: 
0506-01  For  personal  and  other  services  of  the  com- 
mission, including  travel  and  other  ex- 
penses, as  authorized  by  sections  twenty- 
one  to  twenty-five,  inclusive,  of  chapter 
nine  of  the  General  Laws,  including  not 
more  than  two  permanent  positions,  to  be 
in  addition  to  any  amount  heretofore  ap- 
propriated for  the  purpose 

Service  of  the  Treasurer  and  Receiver-Ceneral. 

State  Board  of  Retirement : 
0604-03  Item  0604-03  of  section  two  of  chapter  four 
hundred  and  four  of  the  acts  of  the  current 
year  is  hereby  amended  by  inserting  in  line 
three  of  said  item,  after  the  word  "law", 
the  following:  —  "including  adjustments 
for  previous  years  in  the  amount  of  five 
hundred  and  sixty  dollars  and  fourteen 
cents,". 

Service  of  the  State  Emergency  Public  Works  Commission. 
0606-01  For  personal  services  and  other  expenses  of 
the  state  emergency  public  works  commis- 
sion, including  not  more  than  six  perma- 
nent positions,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the 
purpose  ...... 


$4,000  00 


$20,000  00 


Service  of  the  Department  of  Agriculture. 
0901-02  For  personal  services  of  clerks  and  stenog- 
raphers, including  not  more  than  nineteen 
permanent  positions,  to  be  in  addition  to 
any  amount  heretofore  appropriated  for 
the  purpose    ...... 


$4,440  00 


946 


Acts,  1945.  — Chap.  736. 


Item 
0905-03 


0906-01 


0906-02 


0908-01 


0908-02 


0910-01 


For  administering  the  law  relative  to  the  in- 
spection of  barns  and  dairies  by  the  de- 
partment of  agriculture,  including  not 
more  than  eleven  permanent  positions,  to 
be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose   .  .         .  $3,680  00 

Milk  Control  Board: 
For  personal  services  of  members  of  the  board 

and  their  employees,  including  not  more 

than  sixty-two  permanent  positions,  to  be 

in  addition  to  any  amount  heretofore  ap- 
propriated for  the  purpose  .         .  17,880  00 
For   other   administrative    expenses    of    the 

board,  including  office  expenses,  rent,  travel 

and  special  services,  to  be  in  addition  to 

any  amount  heretofore  appropriated  for 

the  purpose 7,000  00 

Division  of  Markets: 
For  personal  services,  including  not  more  than 

thirteen    permanent    positions,    to    be    in 

addition  to  any  amount  heretofore  appro- 
priated for  the  purpose   ....  1,500  00 
For  other  expenses,  to  be  in  addition  to  any 

amount    heretofore   appropriated    for   the 

purpose  .  ...  1,000  00 

Item  0909-01  in  section  two  of  chapter  four 

hundred  and  four  of  the  acts  of  the  current 

year  is  hereby  amended  in  hne  one,  after 

the  word  "  than  ",  by  striking  out  the  word 

"four",  and  inserting  in  place  thereof  the 

word  "three". 

State  Reclamation  Board: 
For  expenses  of  the  board,  including  not  more 
than  four  permanent  positions,   to  be  in 
addition  to  any  amount  heretofore  appro- 
priated for  the  purpose  ....  1,400  00 


Service  of  the  Department  of  Conservalion. 

Division  of  Forestry: 

1002-01  For  personal  services  of  office  assistants,  in- 
cluding not  more  than  five  permanent  po- 
sitions, to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose     .  $.5,000  00 

1002-31  For  the  suppression  of  the  gypsy  and  brown 
tail  moths,  including  not  more  than  seven 
permanent  positions,  and  for  expenses  in- 
cidental thereto,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the 
purpose  ....  2,^00  00 

Special : 
1002-56     For  personal  services  and  exi)enses  for  clear- 
ing fallen  timber  on  Cape  Cod  .  .  100,000  00 

Division  of  Fisheries  and  Game: 
1004-03  For  services  other  than  personal,  including 
printing  the  annual  report,  traveling  ex- 
penses and  necessary  office  supplies  and 
equipment,  and  rent,  to  he  in  addition  to 
any  amount  heretofore  appropriated  for 
the  purpose 2,000  00 


Acts,  1945.  —  Chap.  736. 


947 


1004-42 


1004-J7 


Item 

1004-01 

.    $5,000  00 

1004-02 

.    15,040  00 

1004-03 

.      7,500  00 

1004-11 

.    35,000  00 

1004-12 

.    12,500  00 

1004-21 

.      2,160  00 

1,000  00 


500  00 


Item 

Enforcement  of  laws: 
1004-11     (This  item  omitted.) 
1004-12     (This  item  omitted.) 

Propagation  of  game  birds,  etc. : 
1004-31  For  personal  services  of  employees  at  game 
farms  and  fish  hatcheries,  including  not 
more  than  twenty-five  permanent  posi- 
tions, to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose     .  $15,000  00 

1004-32  For  other  maintenance  expenses  of  game 
farms  and  fish  hatcheries,  and  for  the 
propagation  of  game  birds  and  animals  and 
food  fish,  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose     .  68,800  00 

Damages  by  wild  deer  and  wild  moose: 
1004-35  For  the  payment  of  damages  caused  by  wild 
deer  and  wild  moose,  for  the  year  nineteen 
hundred  and  forty-six  and  for  previous 
years,  as  provided  by  law,  to  be  in  addition 
to  any  amount  heretofore  appropriated  for 
the  purpose    ...... 

Supervision  of  public  fishing  and  hunting 
grounds : 
For  other  expenses,  to  be  in  addition  to  any 
amount   heretofore   appropriated   for   the 
purpose  ...... 

Special : 
For  consultants  and  other  personal  services, 
and  for  expenses,  in  connection  with  a  bio- 
logical survey  of  the  streams  and  waters  of 
the  commonwealth  to  be  made  under  the 
direction  of  the  commissioner  of  conserva- 
tion, and  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose    .  2,000  00 

Division  of  Wild  Life  Research  and  Man- 
agement: 

1004-51  For  personal  services,  including  not  more 
than  four  permanent  positions,  to  be  in 
addition  to  any  amount  heretofore  appro- 
priated for  the  purpose    ....  7,400  00 

1004-52  For  other  expenses,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the 
purpose 6,500  00 

Division  of  Marine  Fisheries  —  Special : 
1004-88     For  the  purcha.se  of  a  boat  .  .  5,000  00 

The  following  amounts  appropriated  from 
the  general  fund  in  the  following  items  in 
section  two  of  chapter  four  hundred  and 
four  of  the  acts  of  the  current  year  and  in 
section  two  of  this  act  are  to  be  made  from 
the  Inland  Fisheries  and  Game  Fund,  as 
authorized  by  chapter  five  hundred  and 
forty-eight  of  the  acts  of  the  current 
year: — 


948 


Item 


Acts, 

194: 

».  —  C'hap.  736. 

1004-22 

.    $1,000  00 

1004-31 

.    90,000  00 

1004-32 

148,800  00 

1004-35 

.      6,000  00 

1004^1 

2,280  00 

1004-42 

1,500  00 

1004-45 

5,000  00 

1004-47 

10,000  00 

1004-51 

22,050  00 

1004-52 

10,200  00 

1004-53 

20,000  00 
$394,030  00 

1105-02 


Service  of  the  Department  of  Banking  and  Insurance. 

Division  of  Savings  Bank  Life  Insurance: 
For  services  other  than  personal,  printing  the 
annual  report,  traveling  expenses,  rent  and 
equipment,  to  be  in  addition  to  any 
anaount  heretofore  appropriated  for  the 
purpose  ...... 


$2,300  00 


Service  of  the  Department  of  Corporations  and  Taxation. 

Appellate  Tax  Board: 
1204-01     For  personal  services  of  the  members  of  the 
board  and  employees,  including  not  more 
than    twenty-seven    permanent    positions, 
to  be  in  addition  to  any  amount  heretofore 


appropriated  for  the  purpose 
1204-01     (This  item  omitted.) 

Service  of  the  Department  of  Education. 

1301-02  For  personal  services  of  officers,  agents, 
clerks,  stenographers  and  other  assistants, 
including  not  more  than  fifty-three  perma- 
nent positions,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the 
purpose  ...... 

1301-03  For  traveling  expenses  of  members  of  the 
advisory  board  and  of  agents  and  employ- 
ees when  required  to  travel  in  discharge  of 
their  duties,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the 
purpose  ...... 

1301-06  For  printing  school  registers  and  other  school 
blanks  for  cities  and  towns,  for  the  year 
nineteen  hundred  and  forty-six  and  for  the 
previous  year,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the 
purpose  ...... 

Specials: 

1301-21  For  personal  services  and  expenses  in  connec- 
tion with  the  establishment  and  operation 
of  regional  education  centers  in  the  com- 
monwealth    ...... 

1301-29  For  the  cost  of  preparation,  printing  and  dis- 
tribution of  copies  of  the  General  Laws 
relating  to  public  education 

University  Extension  Courses: 
1301-61     For  personal  services,  including  not  more  than 
forty-five  permanent  positions,   to   be   in 
addition  to  any  appropriation  heretofore 
made  for  the  purpose       .... 


$400  00 


$.5,000  00 
800  00 

:5,600  00 

44,000  00 
1,.500  00 

3,480  00 


Acts,  1945.  —  Chap.  736. 


1)49 


Item 


1302-01 


1302-02 


1304-08 


1307-00 


1307-21 


130S-00 


130.^35 


1309-00 


1312-21 


1321-00 


1341-00 


1341-79 


Division  of  Immigration  and  Americani- 
zation : 
For   personal   services,   including   not   more 

than  nineteen  permanent  positions,  to  be 

in  addition  to  anj'  appropriation  heretofore 

made  for  the  purpose       ....  $;;,0(i()  00 

For  other  expenses,  to  be  in  addition  to  any 

amount   heretofore   appropriated   for   the 

purpose  ......  .'00  00 

Division  of  the  Blind : 
For  aiding  the  adult  blind,  subject  to  the 
conditions  provided  by  law,  to  be  in  addi- 
tion   to    any    amount    heretofore    appro- 
priated for  the  purpose    ....  75,000  00 

For  the  maintenance  of  and  for  certain  im- 
provements at  the  following  state  teach- 
ers' colleges,  and  the  boarding  halls 
attached  thereto,  with  the  approval  of 
the  commissioner  of  education: 

State  teachers'  college  at  Bridge  water,  in- 
cluding not  more  than  sixty-one  perma- 
nent positions,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the 
purpose  ......  1,500  00 

State  teachers'  college  at  Bridgewater,  board- 
ing hall,  including  not  more  than  twenty- 
nine  permanent  positions,  to  be  in  addition 
to  any  amount  heretofore  appropriated  for 
the  purpose    .  .  .  .  .  .  1,800  00 

State  teachers'  college  at  Fitchburg,  includ- 
ing not  more  than  fifty-seven  permanent 
positions,  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose  4,000  00 

For  the  cost  of  repairing  the  athletic  field 
at  the  state  teachers'  college  at  Fitchburg, 
including  regrading,  resurfacing  and  the 
building  of  a  retaining  wall       .  .  15,000  00 

State  teachers'  college  at  Framingham,  in- 
cluding not  more  than  sixty-one  perma- 
nent positions,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the 
purpose 2,S00  00 

State  teachers'  college  at  North  Adams, 
boarding  hall,  including  not  more  than  one 
permanent  position,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the 
purpose  ......  500  00 

Massachusetts  School  of  Art,  including  not 
more  than  thirty  permanent  positions,  to 
be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose   .  .  .  1,518  00 

Massachusetts  State  College: 

For  maintenance  and  current  expenses  of  the 
Ma.ssachusetts  state  college,  wnth  the  ap- 
proval of  the  trustees,  including  not  more 
than  four  hundred  and  ninety-eight  per- 
manent positions,  to  be  in  addition  to  any 
amount  heretofore  api)ropriated  for  the 
purpose 17,800  00 

The  amounts  appropriated  in  items  1341-00, 
1341-77  and  1341-78  are  hereby  made 
available  for  necessary  expenditures  in 
connection    with    the    establishment    and 


950 


Acts,  1945. —  Chap.  736. 


Item 


1341- 
1341- 


•85 
•89 


maintenance  of  the  proposed  army  training 
program  at  the  Massachusetts  state  col- 
lege, and  the  sum  of  one  hundred  thousand 
dollars  is  hereby  appropriated  and  made 
available  for  transfer,  with  the  approval  of 
the  commission  on  administration  and 
finance,  to  accounts  in  said  items  where 
the  amounts  otherwise  available  are  in- 
sufficient for  meeting  additional  expenses 
made  necessary  by  the  establishment  and 
maintenance  of  said  program  . 
For  certain  repairs  to  the  poultry  plants 
For  certain  repairs  to  the  greenhouses  . 


$100,000  00 
20,000  00 
12,000  00 


Service  oj  the  Department  of  Civil  Service  and  Registration. 

Division  of  Registration: 
1403-02  For  clerical  and  certain  other  personal  serv- 
ices of  the  division,  including  not  more 
than  thirty-nine  permanent  positions,  to 
be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose    .  .  $2,460  00 

Board  of  Registration  in  Embalming  and 
Funeral  Directing: 
1409-02     For  traveling  expenses,  to  be  in  addition  to 
any  amount  heretofore  appropriated  for  the 
purpose  ......  400  00 

State  Examiners  of  Electricians: 
1416-02     For  traveling  expenses,  to  be  in  addition  to 
anv  amount  heretofore  appropriated  for  the 
purpose 880  00 

State  Examiners  of  Plumbers: 
1417-02     For  traveling  expenses,  to  be  in  addition  to 
any  amount  heretofore  appropriated  for 
the  purpose    ......  250  00 

Board  of  Registration  of  Barbers: 
1420-02  For  travel  and  other  necessary  expenses  for 
the  year  nineteen  hundred  and  forty-six 
and  for  the  pre\'ious  year,  to  be  in  addition 
to  any  amount  heretofore  appropriated  for 
the  purpose    ......  700  00 

Board  of  Registration  of  Hairdressers: 
1421-02     For  travel  and  other  necessary  expenses,  in- 
cluding  rent,    to   be   in   addition   to  any 
amount   heretofore   appropriated    for   the 
purpose 885  00 

Service  of  the  Department  of  Industrial  Accident  . 

1501-05  For  expenses  of  impartial  examinations,  and 
for  expenses  of  industrial  disease  referees, 
as  authorized  by  section  nine  B  of  chapter 
one  hundred  and  fifty-two  of  the  General 
Laws,  for  the  year  nineteen  hundred  and 
forty-six  and  the  previous  year,  to  be  in 
addition  to  any  amount  heretofore  appro- 
priated for  the  purpose    ....  $3,500  00 

Division  of  Self  Insurance : 
1501-21  For  personal  services  and  other  ex]ienses  of 
the  division,  as  authorized  by  chapter  sixty 
of  the  acts  of  the  current  year,  including 
not  more  than  five  permanent  positions, 
to  be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose    .  .  .  450  00 


Acts,  1945.  —  Chap.  736. 


951 


Service  of  the  Department  of  Labor  and  Industries. 

Massachusetts  Development  and  Indus- 
trial Commission: 
-02  For  administrative  expenses,  including  office 
rent  and  other  incidental  expenses,  and  for 
the  promotion  and  development  of  the 
industrial,  agricultural  and  recreational  re- 
sources of  the  commonwealth,  to  be  in 
addition  to  any  amount  heretofore  appro- 
priated for  the' purpose    ....  $40,00000 

Service  of  the  Department  of  Mental  Health. 

-02  For  personal  services  of  officers  and  em- 
ployees, including  not  more  than  eighty- 
nine  permanent  positions,  to  be  in  addition 
to  any  amount  heretofore  appropriated  for 
the  purpose S^SOO  00 

-04  For  other  services,  including  printing  the 
annual  report,  traveling  expenses,  office 
supplies  and  equipment,  and  rent,  to  be  in 
addition  to  any  amount  heretofore  appro- 
priated for  the  purpose   ....  3,400  00 

For  the  maintenance  of  and  for  certain 
improvements  at  the  follo^A^ng  institu- 
tions under  the  control  of  the  Depart- 
ment of  Mental  Health: 
-00     Boston  state   hospital,   including  not   more 
than  six  hundred  and  seventy-nine  perma- 
nent positions,  to  be  in  addition  to  any 
amount   heretofore   appropriated   for   the 

purpose $11,500  00 

-25     For  certain  repairs  to  the  Richmond  Colony, 

so  called,  at  the  Westborough  state  hospital  15,950  00 

Service  of  the  Department  of  Correction. 

-02  For  personal  services  of  deputies,  agents, 
clerks  and  stenographers,  including  not 
more  than  twenty-four  permanent  posi- 
tions, to  be  in  addition  to  any  amount  here- 
tofore appropriated  for  the  purpose  .  $6,000  00 

For  the  maintenance  of  and  for  certain  im- 
provements at  the  following  institutions 
imder  the  control  of  the  Department  of 
Correction : 
-00     State  farm,  including  not  more  than  three 
hundred  and  eighty-one  permanent  posi- 
tions,  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose  7,500  00 

-25     For  certain  additions  to  the  poultry  plant  at 

the  Massachusetts  reformatory  .  5,000  00 

-21     For  certain  additions  and  improvements  to 

the  piggery  at  the  reformatory  for  women  8,000  00 

-21     For  certain  additions  to  the  poultry  plant  at 

the  state  prison  colony     ....  6,300  00 


Service  of  the  Department  of  Public  Welfare. 

For  r)ersonal  services  and  expenses  in  con- 
nection with  the  federal  program  for  dis- 
tribution of  surplus  commodities  and  the 
school  lunch  program,  so  called;  provided, 
that  notwithstanding  any  other  provision 


952 


Acts,  1945. —  Chap.  736. 


ItCD) 


1906-03 


1908-02 


1915-00 


1918-00 


of  law  persons  employed  hereunder  shall 
not  be  subject  to  the  civil  service  laws  or 
the  rules  and  regulations  made  thereunder, 
nor  to  the  laws  regarding  pensions  and 
retirement,  but  their  employment  and  sal- 
ary rates  shall  be  subject  to  approval  of 
the  division  of  personnel  and  standardi- 
zation     $76,000  00 

Division  of  Child  Guardianship: 
For  the  care  and  maintenance  of  children, 
including  not  more  than  two  permanent 
positions,  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose  275,000  00 

Division  of  Juvenile  Training,  Trustees  of 
Massachusetts  Training  Schools: 

For  services  other  than  personal,  including 
printing  the  annual  report,  traveling  and 
other  expenses  of  the  members  of  the  board 
and  employees,  office  supplies  and  equip- 
ment, to  be  in  addition  to  any  amount  here- 
tofore appropriated  for  the  purpose  .  271  00 

For  maintenance  of  the  industrial  school  for 
boys,  including  not  more  than  one  hundred 
and  five  permanent  positions,  to  be  in  ad- 
dition to  any  amount  heretofore  appro- 
priated for  the  purpose    ....  2,(X)0  00 

Massachusetts  Hospital  School: 
For  the  maintenance  of  the  Massachusetts 
hospital  school,  including  not  more  than 
one  hundred  and  fifty-two  permanent 
positions,  to  be  expended  with  the  approval 
of  the  trustees  thereof,  and  to  be  in  addition 
to  any  amoimt  heretofore  appropriated  for 
the  purpose 3.000  00 


Service  of  the  Department  of  Public  Health. 

2001-21  For  personal  services  and  expenses  of  a  sur- 
vey of  the  hospitals,  nursing  homes  and 
health  centers  of  the  commonwealth  $10,865  00 

Division  of  Cancer  and  Other  Chronic 
Diseases: 
2003-02  For  other  expenses  of  the  chvision,  including 
cancer  clinics,  for  the  year  nineteen  hun- 
dred and  forty-six  and  the  previous  year, 
to  be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose   .  .  .  3,500  00 

Division  of  Biologic  Laboratories: 
2008-01     For   personal    services   and   expenses    for   a 
program  for  the  production  and  utilization 
of  blood  plasma  and  other  products  derived 

from  blood 93.000  00 

2008-02  For  the  purchase  of  laboratory  supplies  and 
other  equipment  required  for  the  organi- 
zation 01  a  program  for  the  production  and 
utilization  of  blood  plasma  and  other  prod- 
ucts derived  from  blood  ....  81,000  00 

Inspection  of  Food  and  Drugs: 
2012-02     For  other  services,   including  traveling  ex- 
penses, supplies,  materials  and  equipment, 
to  be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose  .         ,         ,  1,000  00 


Acts,  1945. —  Chap.  7^6. 


95^ 


Item 
2015-02 


2023-25 
2024-00 


2102-02 


2102-22 


Division  of  Sanitaiy  Engineering: 
For  other  services,  including  traveling  ex- 
penses, supplies,  materials  and  equipment, 
and  for  expenses  for  administering  the  law 
relative  to  shellfish,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the 
purpose $5,000  00 

For  the  maintenance  of  and  for  certain  im- 
provements at  the  sanatoria,  as  follows: 

For  certain  replacement  of  plumbing  at  the 

North  Reading  state  sanatorium     .  15,000  00 

Rutland  state  sanatorium,  including  not  more 
than  two  hundred  and  thirty-nine  perma- 
nent positions,  to  be  in  addition  to  any 
amount  heretofore  apijropriated  for  the 
purpose 5,000  00 

Service  of  the  Department  of  Public  Safety. 

Division  of  State  Police: 

For  [Personal  services  of  civilian  employees, 
including  not  more  than  one  hundred  and 
thirty-one  permanent  positions,  to  be  in 
addition  to  any  amount  heretofore  appro- 
priated for  the  purpose    ....  $1,800  00 

For  the  purchase  of  certain  land  in  the  towns 
of  Foxborough,  Mattapoisett  and  Middle- 
borough  7,650  00 


Service  of  the  Department  of  Public  Works. 

2202-06  For  the  maintenance  and  repair  of  certain 
property  in  the  town  of  Plymouth,  includ- 
ing not  more  than  two  permanent  posi- 
tions, to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose    .  $3,000  00 

Service  of  the  Department  of  Public  Utilities. 

2301-02  For  personal  services  of  secretaries,  employees 
of  the  accounting  division,  engineering  di- 
vision, and  rate  and  tariff  division,  includ- 
ing not  more  than  sixteen  permanent 
positions,  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose     .  $160  00 

2301-03  For  personal  services  of  the  inspection  divi- 
sion, including  not  more  than  twenty-one 
permanent  positions,  to  be  in  addition  to 
any  amount  heretofore  appropriated   for 

the  purpose 990  00 

-06  For  traveling  expenses  of  the  commissioners 
and  employees,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the 
purpose  .  .  .  .  .  .  750  00 

Special  Investigation: 

2301-09  For  personal  services  and  expenses  of  special 
investigations,  including  legal  assistants 
and  stenographic  services  as  needed,  to  be 
in  addition  to  any  amount  heretofore  ap- 
propriated for  the  purpose       .  .  5,600  00 

2301-10  For  personal  services  and  expenses  of  an  in- 
vestigation of  the  New  York,  New  Haven 
and  Hartford  Railroad  Company,  includ- 
ing expenses  of  the  department  of  the 
attorney  general  in  connection  with  said 


954 


Acts,  1945.  —Chap.  736. 


Item 


2304-01 


2308-02 


2320-01 


investigation,  to  be  in  addition  to  the  un- 
expended balance  of  the  amount  reappro- 
priated  for  this  purpose  by  item  2301-10 
of  section  two  of  chapter  three  hundred 
and  seventy  of  the  acts  of  nineteen  hun- 
dred and  forty-three,  which  is  hereby  again 
reappropriated $12,000  00 

Commercial  Motor  Vehicle  Division: 
For  personal  services  of  the  director  and 
assistants,  including  not  more  than  twenty- 
four  permanent  positions,  to  be  in  addition 
to  any  amount  heretofore  appropriated 
for  the  purpose       .....  800  00 

Secm'ities  Division: 
For  expenses  other  than  personal  in  adminis- 
tering the  law  relative  to  the  sale  of  securi- 
ties, to  be  in  addition  to  any  amount  here- 
tofore appropriated  for  the  purpose  .  .  2,600  00 

Special : 
For  the  expenses  of  a  proceeding  for  a  judicial 
determination  of  certain  powers  and  duties 
of  the  trustees  of  the  Boston  Elevated 
Railway  Company,  as  authorized  by 
chapter  eighty-nine  of  the  resolves  of  nine- 
teen hundred  and  forty-one,  to  be  in 
addition  to  the  amount  heretofore  reappro- 
priated for  this  purpose  ....  20,000  00 


Interest  on  the  Public  Debt. 

2410-00  For  the  payment  of  interest  on  the  direct 
debt  of  the  commonwealth,  to  be  in  addi- 
tion to  any  amounts  heretofore  appro- 
priated for  the  purpose    .... 


$10,000  00 


Requirements  for  Extinguishing  the  State  Debt, 

2420-00  For  sinking  fimd  requirements  and  for  certain 
serial  bonds  maturing  during  the  year 
nineteen  hundred  and  forty-six,  to  be  in 
addition  to  any  amounts  heretofore  appro- 
priated for  the  purpose    .... 


$700,000  00 


Unclassified  Accounts  and  Claims 

2811-02  For  the  compensation  of  veterans  who  may 
be  retired  by  the  governor  under  the  pro- 
visions of  sections  fifty-six  to  fifty-nine, 
inclusive,  of  chapter  thirty-two  of  the 
General  Laws,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the 
purpose  ...... 


$25,000  00 


For  Expenses  on  A  ccounl  of  the  Existing  War  Emergency. 

The  appropriations  under  this  heading  are 
for  certain  agencies  and  activities  made 

•  necessary  by  the  present  war  emergency. 
Expenditures  under  these  items  shall 
cease  not  later  than  sixty  days  after  the 
governor,  with  the  advice  and  consent 
of  the  council,  shall  have  proclaimed 
that  the  existing  emergency  has  ended. 
No  part  of  these  appropriations  shall  be 


Acts,  1945.  —  Chap.  736. 


955 


Item 


3204-03 
3204-04 
3204-05 

3204-44 
3204-45 

3204-63 

3204-64 
3204-68 
3204-69 

3218-06 
.3218-07 


available  for  the  salaries  of  positions  on 
a  permanent  basis,  and  persons  whose 
employment  is  created  by  reason  of 
money  herein  appropriated  shall  not  be 
subject  to  civil  service  laws  or  the  niles 
and  regulations  made  thereunder,  but 
their  employment  and  salary  rates  shall 
be  subject  to  the  rules  and  regulations 
of  the  division  of  personnel  and  stand- 
ardization. The  amounts  herein  appro- 
priated are  to  be  in  addition  to  any 
amounts  heretofore  authorized  for  these 
purposes. 

Adjutant  General: 

For  personal  services  and  other  expenses  in 
connection  ^\^th  the  operation  of  the  war 
records  project,  so  called  .  $24,890  00 

For  ])ersonal  services  and  other  expenses  in 
connection  with  the  operation  of  the  Mas- 
sachusetts women's  defense  corps,  so  called  9,500  00 

For  personal  services  and  expenses  of  the 

disaster  relief  committee,  so  called  .  9,9.30  00 

Emergency  Conservation  Director  (includ- 
ing Emergency  Solid  Fuel  Administra- 
tion) : 
For  personal  services  and  other  expenses       .  1 7,300  00 

Seasonal  Farm  Labor  Committee: 
For  personal  services  and  other  expenses       .  1,000  00 

Educational  Committee  on  Personal  and 
Religious  Liberties: 
For  personal  services  and  other  expenses  9,800  00 

Veterans'    Rehabilitation   and   Reemploy- 
ment Committee: 
(This  item  omitted.) 

Massachusetts  Committee  on  Recreation: 
For  personal  services  and  other  expenses  3,600  00 

Victory  Garden  Program: 
For  certain  personal  services  and  other  ex- 
penses in  connection  with  the  operation  of 
the  victory  garden  program,  so  called         .  2,000  00 

Reformatory  for  Women: 
For  expenses  for  boarding  prisoners  at  the 

Greenfield  jail 18,000  00 

For  personal  services  for  boarding  prisoners 

at  the  Greenfield  jail        .  .  .  .  7,000  00 

The    followang    appropriations    arc    made 
from  the  Highway  Fund: 


Service  of  the  Department  nf  Public  Works. 

Administration : 

2921-01  For  the  salaries  of  the  commissioner  and  the 
associate  commissioners,  including  not 
more  than  three  permanent  positions,  to 
be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose    . 

2921-02  For  personal  services  of  clerks  and  assistants 
to  the  commissioner,  including  not  more 
than  four  permanent  positions,  to  be  in 
addition  to  any  amount  heretofore  appro- 
priated for  the  purpose   .... 


$4,875  00 


2,205  00 


956 


Acts,  1945. —  Chap.  736. 


Item 
2921-03 

2921-04 


2900-04 


2900-31 


2900-56 


For  traveling  exi)enses  of  the  comraissioncrs, 
to  be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose   .  .  .  $500  00 

For  telephone  service  in  the  public  works 
building,  including  not  more  than  six  per- 
manent positions,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the 
purpose  .....  6.100  00 

Functions  of  the  department  relating  to 
highways : 

For  the  maintenance  and  repair  of  state  high- 
ways and  bridges,  including  control  of  snow 
and  ice  on  state  highways  and  town  roads, 
and  for  the  maintenance  of  traffic  signs 
and  signals,  for  personal  services  and  ex- 
penses of  work  in  connection  with  projects 
included  in  federal  aid  programs;  for  the 
cost,  not  exceeding  fifty  thousand  dollars, 
of  increasing  the  inventory  held  in  store- 
rooms of  the  department;  and  for  the  pay- 
ment of  personal  services  and  expenses  in 
connection  with  the  purchase,  construction 
and  repair  of  shelters  for  departmental 
equipment  and  material,  the  cost  of  which 
is  less  than  five  thousand  dollars  for  each 
project,  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose  200,000  00 

For  certain  personal  services  and  expenses  of 
a  study  of  the  origin  and  destination  of 
traflBc  in  metropolitan  Boston  .  60,000  00 

For  the  purchase  of  certain  equipment  for  the 
laboratory  testing  division,  so  called         .  21,000  00 


Metropolitan  District  Commission. 

The  following  item  is  to  be  paid  with  the 
approval  of  the  metropolitan  district 
commission : 

Special : 
2931-33  For  the  state's  share  of  the  costs  of  a  co- 
operative study  by  the  Beach  Erosion 
Board  of  the  federal  government  of  beach 
problems  within  the  metropolitan  district, 
including  Winthrop,  Quincy  shore,  Lynn 
shore,  Plevere  beach,  and  Nantasket 


S5,000  00 


Miscellaneous. 

0504-03  For  furnishing  cities  and  towns  with  ballot 
boxes,  and  for  repairs  to  the  same ;  for  the 
purchase  of  apparatus  to  be  used  at  polling 
places  in  the  canvass  and  counting  of  votes ; 
and  for  providing  certain  registration  facili- 
ties, to  be  in  addition  to  any  amount  here- 
tofore appropriated  for  the  purpose  .  $1 ,900  00 

0901-11  For  compensation  and  expenses  of  members 
of  the  advisory  board,  to  be  in  addition  to 
any  amount  heretofore  appropriated  for 
the  purpose 700  00 

0415-31  For  personal  services  and  expenses  of  per- 
sonnel appeal  boards,  as  authorized  by 
chapter  four  hundred  and  eighty-five  of  the 
acts  of  the  current  year  ....  4,000  00 


Acts,  1945.  —  Chap.  736. 


ibi 


Item 

.'i915  For  the  maintenance  and  construction  of 
drainage  ditches,  as  authorized  by  chapter 
four  hundred  and  fifty-six  of  the  acts  of  the 
current  year $24,775  08 

()4():i  (i.'i  For  certain  allowances  for  officers  of  the  or- 
ganized mihtia,  as  authorized  by  chapter 
four  hundred  and  sixty-two  of  the  acts  of 
the  current  year,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the 
purpose 15,000  00 

l)t)()l-()2  For  salaries  of  officers  and  employees  holding 
positions  established  by  law,  and  additional 
clerical  and  other  assistance,  including  not 
more  than  thirty-nine  permanent  positions, 
to  be  in  addition  to  any  amounts  heretofore 
appropriated  for  the  purpose   .  .  li,lSO  00 

Supreme  Judicial  Court,  as  follows: 

0301-f)4  For  clerical  assistance  to  the  clerk,  to  be  in 
addition  to  any  amount  heretofore  appro- 
priated for  the  purpose   ....  500  00 

8602-38  For  improvements  to  the  baseball  field  ad- 
joining Magazine  beach  in  the  city  of  Cam- 
bridge, as  authorized  by  chapter  five  hun- 
dred and  nineteen  of  the  acts  of  the  current 
year 7,500  00 

8602-39  For  the  cost  of  dredging  Alewife  brook  in  the 
cities  of  Cambridge,  Somerville  and  Med- 
ford,  and  in  the  town  of  Arlington,  includ- 
ing grading  the  property  adjacent  to  said 
brook,  as  authorized  by  chapter  five  hun- 
dred and  sixty-six  of  the  acts  of  the  current 
year 42,000  00 

1201-05  For  reimbursing  cities  and  towns  for  loss  of 
taxes  on  land  used  for  state  institutions  and 
certain  other  state  activities,  as  certified 
by  the  commissioner  of  corporations  and 
taxation  for  the  calendar  year  nineteen 
hundred  and  forty-five,  and  for  the  reim- 
bursement of  certain  towns  as  authorized 
by  chapter  five  hundred  and  ninety-two 
of  the  acts  of  the  current  year,  to  be  in 
addition  to  any  amount  heretofore  appro- 
priated under  this  item    ....  45,000  00 

2900-32  For  the  reimbursement  to  certain  towns  of  a 
portion  of  their  costs  of  snow  removal 
during  the  period  beginning  July  first,  nine- 
teen hundred  and  forty-four,  and  ending 
June  thirtieth,  nineteen  hundred  and  forty- 
five,  as  authorized  by  chapter  five  hundred 
and  sixty  of  the  acts  of  the  current  year     .  325,000  00 

1001-21  For  the  purchase  of  certain  land  in  the  towns 
of  Ashby  and  Townsend,  for  forestry  and 
recreational  development,  to  be  added  to 
the  Willard  Brook  State  Forest,  as  author- 
ized by  chapter  five  hundred  and  seventy- 
three  of  the  acts  of  the  current  year  .  10,000  00 

1341-00  For  maintenance  and  current  expenses  of  the 
Massachusetts  state  college,  with  the  ap- 
proval of  the  trustees,  including  not  more 
than  five  hundred  and  three  permanent 
positions,  as  authorized  by  chapter  five 
hundred  and  eighty-six  of  the  acts  of  the 
current  year 18,000  00 

3140-01  For  personal  services  and  expenses  of  ad- 
ministration of  the  port  of  Boston  author- 


958 


Acts,  1945. —  Chap.  736. 


Item 


2820-10 


2107-01 

2220-18 

8602-32 
8602-41 

0501-03 


0604-01 


0604-02 


ity,  as  authorized  by  chapter  six  hundred 
and  nineteen  of  the  acts  of  the  current 
year Stto.OOO  00 

The  appropriations  made  V)y  items  3132-02, 
3132-04,  3132-12  and  3132-13  of  section 
two  of  chapter  four  hundred  and  four  of  the 
acts  of  the  current  j'^ear  are  herel)y  made 
available  for  the  same  purposes  under  the 
port  of  Boston  authority  in  such  amounts 
as  may  be  allocated  by  the  commission  on 
administration  and  finance. 

The  appropriations  made  by  items  3131-01, 
3131-02,  3131-03  and  3131-04  of  section 
two  of  chapter  four  hundred  and  four  of  the 
acts  of  the  current  year  are  hereby  can- 
celled. 

The  appropriation  made  from  the  Port  of 
Boston  Fund  by  item  3132-14  of  section 
two  of  chapter  four  hundred  and  four  of  the 
acts  of  the  current  year  is  hereby  made 
from  the  general  fund. 

For  the  payment  of  a  certain  claim,  as  author- 
ized by  chapter  six  hundred  and  twenty- 
two  of  the  acts  of  the  current  year   .  4,800  00 

The  appropriation  made  by  item  2106-01  of 
section  two  of  chapter  four  hundred  and 
four  of  the  acts  of  the  current  year  is  hereby 
made  available  to  the  board  of  standards, 
as  authorized  by  chapter  six  hundred  and 
forty-five  of  the  acts  of  the  current  year. 

For  personal  services  and  expenses  of  the 
board  of  elevator  regulations,  as  author- 
ized by  chapter  six  hundred  and  forty -three 
of  the  acts  of  the  current  year  .  4,000  00 

For  the  construction  of  additions  to  the 
Gloucester  fish  pier,  as  authorized  by  chap- 
ter six  hundred  and  fifty-three  of  the  acts 
of  the  current  year         ....         250,000  00 

For  the  sanding  of  Malibu  beach,  as  author- 
ized by  chapter  six  hundred  and  fifty-five 
of  the  acts  of  the  current  year  .  5,000  00 

For  providing  recreational  facilities  at  Revere 
beach,  as  authorized  by  chapter  six  hun- 
dred and  fiftv-six  of  the  acts  of  the  current 
year       .        " 2,500  00 

For  services  other  than  personal,  traveling 
expenses,  office  supplies  and  equipment, 
for  the  arrangement  and  preservation  of 
state  records  and  papers,  including  travel- 
ing expenses  of  the  supervisor  of  pubUc 
records,  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose      .  1,000  00 

For  personal  services  in  the  administrative 
office  of  the  state  board  of  retirement,  in- 
cluding not  more  than  nine  permanent 
Positions,  to  be  in  addition  to  any  amount 
eretofore  appropriated  for  the  purpose      .  4,000  00 

For  services  other  than  personal  in  the  ad- 
ministrative office  of  the  state  board  of 
retirement,  printing  the  annual  report,  and 
for  office  supplies  and  equipment,  to  be  in 
addition  to  any  amount  heretofore  appro- 
priated for  the  purpose   ....  4,000  00 


Acts,  1945.  —  Chap.  736. 


959 


Item 

1103-02 


1 103-03 


1305-01 


8602-40 


2220-19 


2202-11 


2820-03 
8902-37 

0401-0(3 

0256 
2015-21 

0257 

2015-22 

8602-42 

0258 

0259 

0260 


For  other  personal  services  of  the  division  of 
insurance,  including  expenses  of  the  board 
of  appeal  and  certain  other  costs  of  super- 
vising motor  vehicle  Uability  insurance, 
and  including  not  more  than  one  hundred 
and  sixty-six  permanent  positions,  to  be  in 
addition  to  any  amount  heretofore  appro- 
priated for  the  purpose   .... 

For  other  services  of  the  division  of  insurance, 
including  printing  the  annual  report, 
traveUng  expenses,  necessary  office  supplies 
and  equipment  and  rent  of  offices,  to  be  in 
addition  to  any  amount  heretofore  appro- 
priated for  the  purpose   .... 

For  personal  services  of  employees,  including 
not  more  than  eleven  permanent  positions, 
to  be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose    . 

For  the  erection  of  a  shelter  in  the  toAvn  of 
Arlington,  as  authorized  by  chapter  six 
hundred  and  sixty-two  of  the  acts  of  the 
current  year  ...... 

For  improvement  of  the  facilities  of  the  port 
of  New  Bedford,  as  authorized  by  chapter 
six  hundred  and  seventy-three  of  the  acts 
of  the  current  year         .... 

For  the  improvement,  development,  main- 
tenance and  protection  of  rivers  and  har- 
bors, tidewaters  and  foreshores  witliin  the 
commonwealth,  as  authorized  by  chapter 
four  hundred  and  four  of  the  acts  of  the 
current  year,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the 
purpose  ...... 

For  the  payment  of  certain  claims,  as  author- 
ized by  certain  resolves  of  the  current  year 

For  the  payment  of  a  certain  claim,  as  author- 
ized by  chapter  fifty-two  of  the  resolves  of 
the  current  year      ..... 

For  a  certain  payment,  as  authorized  by 
chapter  forty-three  of  the  resolves  of  the 
current  year  ...... 

For  an  investigation  as  authorized  by  chapter 
sixty  of  the  resolves  of  the  current  year 

For  an  investigation  as  authorized  by  chap- 
ter sixty-two  of  the  resolves  of  the  current 
year       ....... 

For  an  investigation  as  authorized  by  chapter 
sixty-three  of  the  resolves  of  the  current 
year       ....... 

For  an  investigation  as  authorized  by  chapter 
thirty-five  of  the  resolves  of  the  current 
year       ....... 

For  an  investigation  as  authorized  by  chap- 
ter sixty-four  of  the  resolves  of  the  current 
year       ....... 

For  an  investigation  as  authorized  by  chap- 
ter sixty-five  of  the  resolves  of  the  current 
year       ....... 

For  an  investigation  as  authorized  by  chap- 
ter sixty-six  of  the  resolves  of  the  current 
year      ....... 

For  an  investigation  as  authorized  by  chapter 
sixty-eight  of  the  resolves  of  the  current 
year      ....... 


$6,000  00 

3,700  00 

4,000  00 

1,500  00 

250,000  00 


250,000  00 
57,843  08 

1,795  00 


4,084 

78 

1,000  00 

55,000 

00 

1,000 

00 

7,200  00 

100 

00 

500 

00 

3,000 

00 

3,500  00 

90U  Acts,  1945. —  Chap.  736. 

Item 

0261  For  an  investigation  as  authorized  by  chapter 

sixty-nine  of  the  resolves  of  the  current 

year $100  00 

0262  For  an  investigation  as  authorized  by  chapter 

seventy-one  of  the  resolves  of  the  current 

year 2,000  00 

2960-02  For  reimbursement,  in  part,  of  the  city  of 
Boston  for  expenses  incurred  by  said  city 
in  the  operation  and  maintenance  of  the 
Sumner  Tunnel  therein,  as  authorized  by 
chapter  thirty-three  of  the  resolves  of  the 
current  year 100,000  00 

0441-04  For  expenses  of  the  United  Spanish  War 
Veterans,  as  authorized  by  chapter  thirty- 
seven  of  the  resolves  of  the  current  year     .  1,500  00 

2002-21  For  expenses  of  a  certain  investigation  and 
study  by  the  department  of  public  health, 
as  authorized  by  chapter  thirty-eight  of  the 
resolves  of  the  current  year     .  .  .  15,000  00 

2805-01  For  the  payment  of  certain  annuities  and 
pensions  of  soldiers  and  others  under  the 
provisions  of  certain  acts  and  resolves,  to 
be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose    ...  1 ,000  00 

0424-21  For  expenses  of  the  art  commission,  as  author- 
ized by  chapter  fifty-five  of  the  resolves  of 
the  current  year     .....  .^)00  00 

0255  For  an  investigation,  as  authorized  by  chap- 
ter forty-one  of  the  resolves  of  the  current 
year 3,500  00 

8807-2.3  For  a  certain  investigation,  as  authorized  by 
chapter  fifty -nine  of  the  resolves  of  the  cur- 
rent year    ' 5,000  00 

0263  For  an  investigation  as  authorized  by  chapter 

seventy-two  of  the  resolves  of  the  current 

year 1,500  00 

0264  For  an  investigation  as  authorized  by  chapter 

seventy-three  of  the  resolves  of  the  current 

year 8,000  00 

0424-22  For  a  portrait  of  Frederic  W.  Cook  as  au- 
thorized by  chapter  seventy-five  of  the 
resolves  of  the  current  year       .  .  2.500  00 

0265  For  an  investigation  as  authorized  by  chapter 

seventy-six  of  the  resolves  of  the  current 

year 2,500  00 

0251  For  an  investigation  as  authorized  by  chapter 

seventy-seven  of  the  resolves  of  the  current 
year .....        •         ...         .  3,000  00 

0266  For  an  investigation  as  authorized  by  chapter 

seventv-eight  of  the  resolves  of  the  current 

year 500  00 

0246  For  an  investigation  as  authorized  by  chap- 
ter eighty  of  the  resolves  of  the  current 
year 5,000  00 

0227  For  an  investigation  as  authorized  by  chap- 

ter eighty -one  of  the  resolves  of  the  current 

year 2,500  00 

Item  1901-02  of  section  two  of  chapter  four 
hundred  and  four  of  the  acts  of  the  current 
year  is  hereby  amended  in  line  two  after 
the  word  "than"  by  striking  out  the  word 
"thirty -one"  and  inserting  in  place  thereof 
the  word  "twenty-seven",  and  by  strik- 
ing out  the  figures  "58,000.00"  and  insert- 
ing in  place  thereof  the  figures  "52,120.00." 


Acts,  1945.  —  Chap.  736.  961 

Item 

Item  1904-01  of  section  two  of  chapter  four 

hundred  and  four  of  the  acts  of  the  current 

year  is  hereby  amended  in  Une  two  after 

the    word    "than"    by    striking    out    the 

words   "one  hundred  and  twenty-eight" 

and  inserting  in  place  thereof  the  words 

"one    hundred    and    twenty-seven",    and 

by    striking    out    the    figures    "239,700" 

and  inserting  in  place  thereof  the  figures 

"237,540." 
Item  2004-01  of  section  two  of  chapter  four 

hundred  and  four  of  the  acts  of  the  current 

year  is  hereby  amended  in  Une  two  after 

the  word  "than"  by  striking  out  the  word 

"seventeen"  and  inserting  in  place  thereof 

the  word  "twenty-two",  and  by  striking 

out  the  figures  "31,510"  and  inserting  in 

place  thereof  the  figures  "39,550." 

1906-21  For  the  cost  of  providing  quarters  outside 
of  the  state  house  for  the  division  of  child 
guardianship,  as  authorized  by  chapter  six 
hundred  and  seventy-six  of  the  acts  of  the 
current  year $200,000  00 

2012-01  For  personal  services  of  the  director,  analysis, 
inspectors  and  other  assistants,  including 
not  more  than  thirty-one  permanent  posi- 
tions, to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose     .  1,800  GO 

2012-02  For  other  services,  including  traveling  ex- 
penses, supphes,  materials  and  equipment, 
to  be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose   .  .  .  1,300  00 

8602-42  For  the  alteration  and  enlargement  of  the 
John  A  Havey  memorial  beach,  as  author- 
ized by  chapter  six  hundred  and  eighty- 
eight  of  the  acts  of  the  present  year  .         .  20,000  00 

Item  1803-00  of  section  two  of  chapter  four 

hundred  and  four  of  the  acts  of  the  current 

year  is  hereby  amended  in  line  one  after 

the  word  "than"  by  striking  out  the  words 

"one  hundred  and  thirty-six"  and  inserting 

in  place  thereof  the  words  "one  hundred 

and  twenty-seven",  and  by  striking  out 

the    figures    "461,400"    and   inserting   in 

place  thereof  the  figures  "443,580." 
Item  1807-00  of  section  two  of  chapter  four 

hundred  and  four  of  the  acts  of  the  current 

year  is  hereby  amended  in  line  one  after 

the  word  "than"  by  striking  out  the  words 

"one    hundred   and   seventy-seven"   and 

inserting  in  place  thereof  the  words  "one 

hundred  and  eighty-six"  and  by  striking 

out  the  figures  "557,960"  and  inserting  in 

place  thereof  the  figures  "575,780." 
Item  1901-03  of  section  two  of  chapter  four 

hundred  and  four  of  the  acts  of  the  current 

year  is  hereby  amended  by  striking  out  the 

figures    ".^,000"    and    inserting   in    place 

thereof  the  figures  "3,330." 
Item  2004-02  of  section  two  of  chapter  four 

hundred  and  four  of  the  acts  of  the  current 

year  is  hereby  amended  by  striking  out  the 

figures   "15,000"   and  inserting   in    place 

thereof  the  figures  "16,670." 


962  Acts,  1945. —  Chap.  736. 

Item 

Item  4611  of  section  two  of  chapter  four  hun- 
dred and  four  of  the  acts  of  the  current 
year  is  hereby  amended  in  line  two  after 
the  word  "than  "  by  striking  out  the  words 
"  thirty -four  "  and  inserting  in  place  thereof 
the  words  "twenty-seven",  and  by  strik- 
ing out  the  figures  "73,560"  and  inserting 
in  place  thereof  the  figures  "57,300." 

Item  471 1  of  section  two  of  chapter  four  hun- 
dred and  four  of  the  acts  of  the  current 
year  is  hereby  amended  in  line  two  after  the 
word  "than"  by  striking  out  the  word 
"twenty"  and  inserting  in  place  thereof 
the  words  "twenty -seven",  and  by  strik- 
ing out  the  figures  "48,960"  and  inserting 
in  place  thereof  the  figures  "65,220." 

0102-27  For  expenses  of  the  joint  committee  on  de- 
partmental rules  and  regulations  in  accord- 
ance with  a  joint  order  of  the  general 
court $2,500  00 

Item  1801-08  of  section  two  of  chapter  four 
hundred  and  four  of  the  acts  of  the  current 
year  is  hereby  amended  in  line  two  after 
the  word  "positions"  by  adding  the  follow- 
ing words :  —  provided  that  the  persons 
employed  hereunder  shall  not  be  subject 
to  the  civil  ser\'ice  laws  or  the  rules  and 
regulations  made  thereunder. 

The  unexpended  balance  of  the  amount 
previously  appropriated  for  improvements 
in  Menemsha  Creek  in  the  towTis  of  Chil- 
mark  and  Gay  Head,  as  authorized  by  and 
subject  to  the  conditions  of  chapter  seventy 
of  the  resolves  of  nineteen  hundred  and 
thirty-nine,  is  hereby  reappropriated. 

The  unexpended  balance  of  the  appropriation 
made  by  item  2923-72  of  chapter  four  hun- 
dred and  nineteen  of  the  acts  of  nineteen 
hundred  and  forty-one,  as  amended  by 
chapter  seven  hundred  and  thirty  of  the 
acts  of  said  year,  is  hereby  reappropriated. 

The  amount  appropriated  by  item  2202-09  of 
section  two  of  chapter  four  hundred  and 
four  of  the  acts  of  the  current  year  is  hereby 
made  available  in  addition  to  amounts 
previously  appropriated  for  the  same  pur- 
pose. 

2202-13  For  expenses  of  surveying  certain  town 
boundaries,  by  the  department  of  public 
works,  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose     .  4,000  00 

1304-28  For  expenses  of  promotion  of  vocational  re- 
habilitation in  cooperation  with  the  federal 
government 15,000  00 

0102-01  For  traveling  and  such  other  expenses  of  the 
committees  of  the  general  court  as  may  be 
authorized  by  order  of  either  branch  of  the 
general  court,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the 
purpose  ......  600  00 

0102-18  For  travel  of  the  committee  on  public  wel- 
fare in  accordance  with  a  joint  order  of  the 
general  court  .....  1,000  00 


Acts,  1945.  —  Chap.  736.  963 

Item 

0102-25  For  expenses  of  the  joint  committee  on  ways 
and  means  in  accordance  with  a  joint  order 
of  the  general  court         ....  $5,000  00 

0102-26  For  expenses  of  the  joint  committee  on  mu- 
nicipal finance  in  accordance  with  a  joint 
order  of  the  general  court         .  .  .  3,000  00 

The  unexpended  balance  of  the  amount  ap- 
propriated by  item  1713-25  of  section  two 
of  chapter  three  hundred  and  seventy  of 
the  acts  of  nineteen  hundred  and  forty- 
three  is  hereby  reappropriated. 

The  unexpended  balance  of  the  amount 
appropriated  by  item  1715-24  of  section 
two  of  chapter  three  hundred  and  seventy 
of  the  acts  of  nineteen  hundred  and  forty- 
three  is  hereby  reappropriated. 

The  unexpended  balance  of  the  amount  ap- 
propriated by  item  1721-27  of  section  two 
of  chapter  three  hundred  and  seventy  of 
the  acts  of  nineteen  hundred  and  forty- 
three  is  hereby  reappropriated. 

From  the  unexpended  balance  of  the  amount 
appropriated  by  item  0450-01  of  section 
two  of  chapter  three  hundred  and  seventy 
of  the  acts  of  rtineteen  hundred  and  forty- 
three  the  sum  of  ten  thousand  dollars  is 
hereby  reappropriated. 

0267  For  an  investigation  as  authorized  by  chap- 

ter eighty-three  of  the  resolves  of  the  cur- 
rent year        ...... 

0268  For  an  investigation  as  authorized  by  chapter 

eighty -five  of  the  resolves  of  the  current 
year       ....... 

0269  For  an  investigation  as  authorized  by  chapter 

eighty-seven  of  the  resolves  of  the  current 
year       ....... 

2941-03  For  an  investigation  as  authorized  by  chapter 
eighty-four  of  the  resolves  of  the  current 
year       ....... 

0601-21  For  personal  services  and  other  expenses  of 
the  treasurer  and  receiver-general  in  con- 
nection with  the  payment  of  the  soldiers' 
bonus,  so  called       ..... 

2899  For  certain  deficiencies  of  the  year  nineteen 

hundred  and  forty-five  and  previous  years 

2999  For  certain  deficiencies  of  the  year  nineteen 

hundred  and  forty -five  and  previous  j'ears 

4799  For  certain  deficiencies  of  the  year  nineteen 

hundred  and  forty-five  and  previous  years 

2108-01  For  ]-)ersonal  services  and  expenses  of  the 
board  of  fire  prevention  regulations  as 
authorized  by  chapter  seven  hundred  and 
ten  of  the  acts  of  the  current  session,  in- 
cluding not  more  than  six  ]:)ermanent 
positions         .  .  .  .  .  .  4,200  00 

0270  For  the  investigation  authorized  by  chapter 

eighty-eight  of  the  resolves  of  the  current 

year 1,500  00 

1402-21  For  expenses  of  hearings  as  authorized  by 
chapter  six  hundred  and  sixty-seven  of  the 
acts  of  the  current  year  ....  750  00 

0271  For  an  investigation  as  authorized  by  chapter 

eighty  nine  of  the  resolves  of  the  current  year  3,000  00 


12,500 

00 

20,000 

00 

10,000 

00 

10,000 

00 

100,000 

00 

19,193 

03 

610 

01 

94 

75 

964  Acts,  1945.  —  Chap.   736. 

Item 

0423-21  For  the  expenses  of  the  commission  author- 
ized by  chapter  seven  hundred  and  four- 
teen of  the  acts  of  the  current  year   .  .  .$25,000  00 

0440-21  For  personal  services  and  other  expenses  in 
connection  with  the  work  of  the  veterans' 
services  advisory  council  as  authorized  by 
chapter  seven  hundred  and  thirty  of  the 
acts  of  the  current  year  ....  48,780  00 

3625  For  reimbursement  of  cities  and  towns  for  old 

age  assistance  for  the  year  nineteen  hun- 
dred and  forty-six  and  for  previous  years,  to 
be  paid  from  revenue  credited  to  the  old 
age  assistance  fund         ....     15,000,000  00 

Section  3.  No  payment  shall  be  made  or  obligation  in- 
curred under  authority  of  any  special  appropriation  made 
by  this  act  for  construction  of  public  buildings  or  other  im- 
provements at  state  institutions  until  plans  and  specifica- 
tions have  been  approved  by  the  governor,  unless  otherwise 
provided  by  such  rules  and  regulations  as  the  governor  may 
make. 

Section  4.  Amounts  included  for  permanent  positions  in 
sums  appropriated  in  section  two  for  personal  services  are 
based  upon  schedules  of  permanent  positions  and  salary  rates 
as  approved  b}^  the  joint  committee  on  ways  and  means,  and, 
except  as  otherwise  shown  by  the  files  of  said  committee,  no 
part  of  sums  so  appropriated  in  section  two  shall  be  avail- 
able for  payment  of  salaries  of  any  additional  permanent 
positions,  or  for  payments  on  account  of  reallocations  of  per- 
manent positions  or  on  account  of  any  change  of  salary  range 
or  compensation  of  any  permanent  position. 

Section  5.  In  addition  to  the  payment  of  regular  sala- 
ries, sums  appropriated  for  personal  services  in  the  fiscal 
year  nineteen  hundred  and  forty-six  shall  be  available  for 
the  payment  of  such  other  forms  of  compensation  as  may  be 
due  under  existing  statutes,  or  under  the  provisions  of  rules 
and  regulations  made  in  accordance  with  said  statutes. 

Section  6.  To  provide  for  meeting  the  cost  of  increasing 
salaries  of  employees  in  the  service  of  the  commonwealth 
during  the  fiscal  year  nineteen  hundred  and  forty-six  as  au- 
thorized by  chapter  four  hundred  and  sixteen  of  the  acts  of 
the  current  year,  the  sum  of  four  million  five  hundred  thou- 
sand dollars  in  the  General  Fund,  the  sum  of  one  million 
dollars  in  the  Highway  Fund,  and  the  sum  of  four  hun- 
dred thousand  dollars  in  the  metropolitan  district  funds  are 
hereby  appropriated.  The  governor,  with  the  approval  of 
the  council,  and  upon  recommendation  of  the  commission 
on  administration  and  finance  is  hereby  authorized  to  trans- 
fer from  the  said  sums  to  items  of  appropriation  for  the  fiscal 
year  nineteen  hundred  and  forty-six  which  are  available  in 
whole  or  in  part  for  personal  services. 

Section  7.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  25,  1945. 


RESOLVES. 


Resolve  validating  the  acts  of  donald  a.  dunsford  Cfiap       1 

OF   CHELMSFORD   AS   A    NOTARY    PUBLIC. 

Resolved,  That  the  acts  of  Donald  A.  Dunsford  of  Chelms- 
ford as  a  notary  public  between  June  eighteenth  and  Sep- 
tember eleventh,  nineteen  hundred  and  forty-four,  both 
dates  inclusive,  are  hereby  confirmed  and  made  valid  to  the 
same  extent  as  if  during  said  time  he  had  been  qualified  to 
discharge  the  duties  of  said  ofiice. 

Approved  February  8,  1945. 

Resolve  validating  the  acts  op  ruth  b.  Griffiths  of  Qf^^^p      2 

NORWOOD   AS   A    NOTARY    PUBLIC.  '   ' 

Resolved,  That  the  acts  of  Ruth  B,  Griffiths  of  Norwood 
as  a  notary  pubUc  between  October  second,  nineteen  hun- 
dred and  forty-two  and  November  first,  nineteen  hundred 
and  forty-four,  both  dates  inclusive,  in  so  far  as  the  same 
may  have  been  invafid  by  reason  of  the  fact  that,  upon  the 
change  of  her  name  from  Ruth  E.  Brown,  she  failed  to  re- 
register under  her  new  name  and  pay  to  the  state  secretary 
a  fee  of  one  dollar  as  required  by  section  thirteen  of  chapter 
thirty  of  the  General  Laws,  are  hereby  confirmed  and  made 
vahd.  Approved  February  8,  1945. 

Resolve  validating  the  acts  of  kathryn  swift  greene  (JJiap      3 

OF   FALMOUTH    AS   A   NOTARY    PUBLIC, 

Resolved,  That  the  acts  of  Kathryn  Swift  Greene  of  Fal- 
mouth as  a  notary  public,  between  May  twelfth,  nineteen 
hundred  and  forty-four  and  September  fourteenth,  nineteen 
hundred  and  forty-four,  both  dates  inclusive,  are  hereby 
confirmed  and  made  valid  to  the  same  extent  as  if  during 
said  time  she  had  been  qualified  to  discharge  the  duties  of 
said  ofiice.  Approved  February  8,  1945. 


Resolve  validating  the  acts  of  grace  r.  gagnon  of  Qfidj)      4 
easthampton  as  a  notary  public.  f. 

Resolved,  That  the  acts  of  Grace  R.  Gagnon  of  East- 
hampton as  a  notary  public,  between  August  ninth  and  De- 
cember twenty-seventh,  nineteen  hundred  and  forty-four, 
both  dates  inclusive,  are  hereby  confirmed  and  made  valid 
to  the  same  extent  as  if  during  said  time  she  had  been  quali- 
fied to  discharge  the  duties  of  said  office. 

Approved  February  8,  1946. 


966  Resolves,  1945.  —  Chaps.  5,  6,  7,  8. 

Chap.     5  Resolve  validating  the  acts  of  winifred  r.  nelson  of 

TAUNTON   AS   A   NOTARY    PUBLIC. 

Resolved,  That  the  acts  of  Winifred  R.  Nelson  of  Taunton 
as  a  notary  public  between  May  fifth  and  August  fifth,  nine- 
teen hundred  and  forty-three,  both  dates  inclusive,  are 
hereby  confirmed  and  made  vaHd  to  the  same  extent  as  if 
during  said  time  she  had  been  qualified  to  discharge  the 
duties  of  said  office.  Approved  February  8,  1945. 

Chap.     6  Resolve  validating  the  acts  of  eugenb  h.  giroux  of 
somerville  as  a  notary  public. 

Resolved,  That  the  acts  of  Eugene  H.  Giroux  of  Somer- 
ville as  a  notary  public,  between  January  twenty-second, 
nineteen  hundred  and  forty-three,  and  December  first,  nine- 
teen hundred  and  forty-four,  both  dates  inclusive,  are  hereby 
confirmed  and  made  valid  to  the  same  extent  as  if  during 
said  time  he  had  been  quafified  to  discharge  the  duties  of 
said  office.  Approved  February  14,  1945. 

Chap.     7  Resolve  validating  the  acts  of  lillian  a.  williams  of 

somerville  as  a  notary  public. 

Resolved,  That  the  acts  of  Lillian  A.  Williams  of  Somer- 
ville as  a  notary  public  between  June  twenty-first,  nineteen 
hundred  and  forty-two  and  August  eighteenth,  nineteen 
hundred  and  forty-four,  both  dates  inclusive,  in  so  far  as 
the  same  may  have  been  invalid  by  reason  of  the  fact  that, 
upon  the  change  of  her  name  from  Lillian  A.  Ranaghan, 
she  failed  to  re-register  under  her  new  name  and  pay  to  the 
state  secretary  a  fee  of  one  dollar  as  required  by  section  thir- 
teen of  chapter  thirty  of  the  General  Laws,  are  hereby  con- 
firmed and  made  valid.  Approved  February  24,  1945. 

Chap.  8  Resolve  providing  for  an  investigation  and  study 
relative  to  the  expenses  of  members  of  the  general 
court. 

Resolved,  That  a  joint  special  committee,  to  consist  of 
two  members  of  the  senate  to  be  designated  by  the  president 
thereof  and  four  members  of  the  house  of  representatives 
to  be  designated  by  the  speaker  thereof,  is  hereby  estabfished 
for  the  purpose  of  making  an  investigation  and  study  of  the 
travel  and  other  expense  allowances  of  the  members  of  the 
general  court,  as  established  by  section  nine  of  chapter  three 
of  the  General  Laws,  with  a  view  to  revising  the  allowances 
for  said  expenses.  Said  committee  shall  report  to  the 
general  court  the  results  of  its  investigation  and  study,  and 
its  recommendations,  if  any,  together  with  drafts  of  legisla- 
tion necessary  to  carry  such  recommendations  into  effect, 
by  filing  the  same  with  the  clerk  of  the  house  of  representa- 
tives not  later  than  April  second  of  the  current  year. 

Approved  February  24,  1945. 


Resolves,  1945.  —  Chaps.  9,  10,  11.  967 

Resolve  providing  for  a  survey  relative  to  the  classi-  Qhav      9 

FICATION    AND    SALARIES    OF    CERTAIN    OFFICERS    AND    EM- 
PLOYEES    OF   THE    COMMONWEALTH. 

Resolved,  That  the  commission  on  administration  and 
finance  is  hereby  authorized  and  directed  to  provide  for  the 
making  of  a  surve}^  relative  to  the  classification  and  salaries 
of  officers  and  employees  in  the  classified  service  of  the  com- 
monwealth, and  the  making  of  recommendations  for  such 
changes  in  said  classification  and  salaries  as  may  be  deemed 
necessary  or  advisable.  The  commission  shall  make  the 
necessary  arrangements,  by  contract  or  otherwise,  for  the 
conduct  of  such  survey  by  persons  not  in  the  service  of  the 
commonwealth  who  are  skilled  in  making  surveys  relative 
to  the  classification  and  the  salaries  of  officers  and  em- 
ployees in  government  service.  The  commission  shall  re- 
quire those  making  the  survey  to  complete  their  survey 
and  submit  to  the  commission  their  report  not  later  than 
the  first  Wednesday  of  August  in  the  current  year.  The 
commission  shall,  upon  the  receipt  of  said  report,  transmit 
the  same  to  the  governor  who  shall  cause  the  same  to  be 
printed  and  shall  make  printed  copies  thereof  available  to 
members  of  the  general  court,  particularly  the  joint  com- 
mittee on  ways  and  means  sitting  during  the  recess  of  the 
general  court  to  study  the  finances  of  the  commonwealth,  and 
to  such  other  persons  as  may  be  determined  by  the  governor. 
For  the  purposes  of  this  resolve,  there  may  be  expended  by 
said  commission  sums  not  exceeding,  in  the  aggregate,  forty 
thousand  dollars,  of  which  the  sum  of  thirty-two  thousand 
dollars  is  hereby  appropriated  from  the  general  fund  or  reve- 
nue of  the  commonwealth,  and  the  sum  of  eight  thousand 
dollars  is  hereby  appropriated  from  the  Highway  Fund. 

Approved  March  1,  19^5. 

Resolve  validating  the  acts  of  selma  r.  fox  of  brook-  Chav    10 

LINE   AS   A   notary    PUBLIC. 

Resolved,  That  the  acts  of  Selma  R.  Fox  of  Brookline  as 
a  notary  public  between  February  nineteenth,  nineteen  hun- 
dred and  thirty-nine  and  February  seventh,  nineteen  hun- 
dred and  forty-five,  both  dates  inclusive,  in  so  far  as  the 
same  may  have  been  invalid  by  reason  of  the  fact  that, 
upon  the  change  of  her  name  from  Selma  Rosenzweig,  she 
failed  to  re-register  under  her  new  name  and  pay  to  the  state 
secretary  a  fee  of  one  dollar  as  required  by  section  thir- 
teen of  chapter  thirty  of  the  General  Laws,  are  hereby  con- 
firmed and  made  valid.  Approved  March  28,  1945. 

Resolve  providing  for  an  investigation  by  the  judicial  (J^av    1 1 

COUNCIL   OF   certain    MATTERS   RELATING    TO    DIVORCE. 

Resolved,  That  the  judicial  council  be  requested  to  investi- 
gate the  subject  matter  of  current  house  document  num- 
bered five  hundred  and  thirteen,  relative  to  causes  for  divorce 


908  Resolves,  1945.  —  Chaps.  12,  13,  14. 

and  the  granting  of  divorces,  the  subject  matter  of  current 
house  document  numbered  eleven  hundred  and  twenty-two, 
relative  to  decrees  of  divorce  nisi  and  the  subject  matter 
of  current  house  document  numbered  eleven  hundred  and 
twenty-three,  relative  to  the  remarriage  of  divorced  parties; 
and  to  include  its  conclusions  and  recommendations  in 
relation  thereto,  with  drafts  of  such  legislation  as  may  be 
necessary  to  give  effect  to  the  same,  in  its  annual  report  for 
the  current  year.  Approved  March  29,  1945. 


Chap.  12  Resolve  providing  for  an  investigation  by  the  judi- 
cial COUNCIL  relative  TO  ELIMINATING  REPETITIOUS  PRO- 
VISIONS FROM  MORTGAGE  DEEDS,  AND  RELATIVE  TO  THE 
APPOINTMENT  OF  RECEIVERS  IN  ACTIONS  BY  TAX  COLLEC- 
TORS. 

Resoloed,  That  the  judicial  council  is  hereby  requested  to 
investigate  the  subject  matter  of  current  house  document 
numbered  three  hundred  and  sixty-five,  relative  to  eliminat- 
ing repetitious  provisions  from  mortgage  deeds,  and  the  sub- 
ject matter  of  current  house  document  numbered  eleven 
hundred  and  twenty-nine,  relative  to  the  appointment  of 
receivers  in  actions  by  tax  collectors;  and  to  include  its  con- 
clusions and  recommendations  in  relation  thereto,  with  drafts 
of  such  legislation  as  may  be  necessary  to  give  effect  to  the 
same,  in  itsannual  report  for  the  current  year. 

Approved  April  18,  1945. 

Chap.   13  Resolve  validating  the  acts  of  Esther  m.   kuhn  of 

LEE  AS  A  JUSTICE  OF  THE  PEACE. 

Resolved,  That  the  acts  of  Esther  M.  Kuhn  of  Lee  as  a 
justice  of  the  peace  between  July  twenty-third,  nineteen 
hundred  and  thirty-eight  to  March  ninth,  nineteen  hundred 
and  forty-five,  both  dates  inclusive,  in  so  far  as  the  same 
may  have  been  invalid  by  reason  of  the  change  of  her  name 
from  Esther  R.  Mousley,  are  hereby  confirmed  and  made 
valid.  Approved  May  10,  1945. 


Chap.  14  Resolve  providing  for  an  investigation  by  the  ju- 
dicial COUNCIL  RELATIVE  TO  PROVIDING  FOR  JURV 
VERDICTS  IN  CIVIL  ACTIONS  BY  LESS  THAN  THE  WHOLE 
NUMBER  OF  JURORS. 

Resolved,  That  the  judicial  council  be  requested  to  in- 
vestigate the  subject  matter  of  current  house  document 
numbered  nine  hundred  and  thirty-three,  relative  to  pro- 
viding for  jury  verdicts  in  civil  actions  by  less  than  the 
whole  number  of  jurors,  and  to  include  its  conclusions  and 
recommendations,  if  any,  in  relation  thereto,  with  drafts  of 
such  legislation  as  may  be  necessary  to  give  effect  to  the 
same,  in  its  annual  report  for  the  year  nineteen  hundred 
and  forty-five.  Approved  May  12,  1945. 


Resolves,  1945.  —  Chaps.  15,  16,  17.  969 


Resolve    providing    for    an    investigation    by    the  Cj^n-n    15 

JUDICIAL  COUNCIL  RELATIVE  TO  THE  COMMITMENT  OF 
NEGLECTED  CHILDREN,  AND  RELATIVE  TO  PROVIDING  FOR 
THE  ADMISSIBILITY  IN  EVIDENCE  OF  DECLARATIONS  OF 
INSANE    PERSONS    MADE    PRIOR    TO    THEIR    INSANITY. 

Resolved,  That  the  judicial  council  be  requested  to  in- 
vestigate the  subject  matter  of  current  senate  documents 
numbered  four  hundred  and  thirty-four  and  four  hundred 
and  thirty-five,  relative  to  the  commitment  of  neglected 
children,  and  the  subject  matter  of  current  house  documents 
numbered  three  hundred  and  sixty-six  and  twelve  hundred 
and  thirty-three,  relative  to  providing  for  the  admission  in 
evidence  of  declarations  of  insane  persons  made  prior  to 
their  insanity,  and  to  include  its  conclusions  and  recom- 
mendations, if  any,  in  relation  thereto,  with  drafts  of  such 
legislation  as  may  be  necessary  to  give  effect  to  the  same, 
in  its  annual  report  for  the  year  nineteen  hundred  and 
forty-five.  Approved  May  12,  1945. 

Resolve  providing  for  an  investigation  and  study  by  QJiav    16 

A  special  commission  relative  to  THE  ESTABLISHMENT 
BY  THE  COMMONWEALTH  OF  A  DEPARTMENT  OF  COMMERCE. 

Resolved,  That  an  unpaid  special  commission,  to  consist 
of  three  members  of  the  senate  to  be  designated  by  the  presi- 
dent thereof,  five  members  of  the  house  of  representatives 
to  be  designated  by  the  speaker  thereof,  and  seven  persons 
to  be  appointed  by  the  governor,  is  hereby  established  for 
the  purpose  of  making  an  investigation  and  study  relative 
to  so  much  of  the  governor's  address,  printed  as  current 
senate  document  numbered  one,  as  relates  to  the  establish- 
ment by  the  commonwealth  of  a  department  of  commerce. 
Said  commission  shall  hold  hearings  and  may  call  upon  the 
departments,  commissions  and  officers  of  the  common- 
wealth for  such  information  as  it  may  desire  in  the  course 
of  its  investigation.  Said  commission  may  expend  for  cleri- 
cal and  other  services  and  expenses  a  sum  not  exceeding 
seventy-five  hundred  dollars,  which  sum  is  hereby  appro- 
priated from  the  general  fund  or  revenue  of  the  common- 
wealth. Said  commission  shall  report  to  the  general  court 
the  results  of  its  investigation  and  study,  and  its  recom- 
mendations, if  any,  together  with  drafts  of  legislation  neces- 
sary to  carry  its  recommendations  into  effect,  by  filing  the 
same  with  the  clerk  of  the  house  of  representatives  not  later 
than  the  fifteenth  day  of  June  in  the  current  year. 

Approved  May  23,  1945. 

Resolve  validating  the  acts  of  fred  a.  oberhauser  Chav.   17 

OF  BOSTON  AS  A  NOTARY  PUBLIC. 

Resolved,  That  the  acts  of  Fred  A.  Oberhauser  of  Boston 
as  a  notary  public,  between  April  first,  nineteen  hundred 
and   forty-three   and   April   tenth,   nineteen   hundred   and 


970  Resolves,  1945.  —  Chaps.  18,  19,  20. 

forty-five,  both  dates  inclusive,  are  hereby  confirmed  and 
made  valid  to  the  same  extent  as  if  during  said  time  he  had 
been  qualified  to  discharge  the  duties  of  said  office. 

Approved  May  25,  19J^5. 


Chap.   18  Resolve  validating  the  acts  of  Frances  schmalfuss 

OF   ARLINGTON   AS   A    NOTARY    PUBLIC. 

Resolved,  That  the  acts  of  Frances  Schmalfuss  of  Arlington 
as  a  notary  public  between  April  twenty-sixth,  nineteen 
hundred  and  forty-three  and  October  twenty-ninth,  nineteen 
hundred  and  forty-four,  both  dates  inclusive,  in  so  far  as 
the  same  may  have  been  invalid  by  reason  of  the  fact  that, 
upon  the  change  of  her  name  from  Frances  Bearse,  she  failed 
to  re-register  under  her  new  name  and  pay  to  the  state  secre- 
tary a  fee  of  one  dollar  as  required  by  section  thirteen  of 
chapter  thirty  of  the  General  Laws,  are  hereby  confirmed 
and  made  valid.  Approved  May  25, 1945. 


Chap.  19  Resolve  providing  foe  an  investigation  by  the  judi- 
cial COUNCIL  RELATIVE  TO  CHARITABLE  TRUSTS  AND  TO 
escheated    ESTATES. 

Resolved,  That  the  judicial  council  be  requested  to  in- 
vestigate the  subject  matter  of  so  much  of  the  report  of  the 
attorney  general  for  the  fiscal  year  ending  June  thirtieth, 
nineteen  hundred  and  forty-four  (Public  Document,  No.  12) 
as  relates  to  requiring  notice  to  the  attorney  general  of  all 
judicial  proceedings  affecting  in  any  manner  public  charities 
or  trustees  of  charitable  trusts,  so  much  thereof  as  relates 
to  authorizing  examination  of  records  and  documents  of 
trustees  of  charitable  trusts  and  requiring  attendance  and 
testimony  of  witnesses,  so  much  thereof  as  relates  to  requir- 
ing registers  of  probate  to  send  notice  of  public  charities  to 
a  proposed  division  of  public  charities,  so  much  thereof  as 
relates  to  requiring  trustees  and  charitable  corporations  to 
file  annual  reports  with  said  proposed  division  of  public 
charities,  and  so  much  thereof  as  relates  to  an  amendment 
of  the  law  relative  to  pubhc  administration  of  funds  from 
escheated  estates,  and  to  include  its  conclusions  and  recom- 
mendations in  relation  thereto,  with  drafts  of  such  legisla- 
tion as  may  be  necessary  to  give  effect  to  the  same,  in  its 
annual  report  for  the  current  year. 

Approved  May  25,  1945. 

Chap.  20  Resolve  providing  for  an  investigation  by  the  judi- 
cial council  relative  to  the  service  of  process  on 
certain  foreign  corporations 

Resolved,  That  the  judicial  council  be  requested  to  in- 
vestigate the  subject  matter  of  current  house  document 
numbered  nine  hundred  and  thirty-nine,  relative  to  the 
service  of  process  on  certain  foreign  corporations,  and  to 
include  its  conclusions  and  recommendations,  if  any,  in  re- 


Resolves,  1945.  —  Chaps.  21,  22.  971 

lation  thereto,  with  drafts  of  such  legislation  as  may  be 
necessary  to  give  effect  to  the  same,  in  its  annual  report  for 
the  year  nineteen  hundred  and  forty-five. 

Approved  May  25,  191^5. 

Resolve  providing  for  an  investigation  by  the  metro-  Q}iQr)    21 

POLITAN  DISTRICT  COMMISSION  RELATIVE  TO  THE  PLACING 
OF  TABLETS  ON  BUNKER  HILL  MONUMENT  TO  COMMEMO- 
RATE THE  WAR  SERVICES  OF  RESIDENTS  OF  CHARLESTOW^N 

Resolved,  That  the  metropohtan  district  commission  is 
hereby  authorized  and  directed  to  investigate  the  desira- 
bihty  and  probable  cost  of  placing  bronze  tablets  on  Bunker 
Hill  monument  to  commemorate  the  war  services  of  resi- 
dents of  Charlestown.  In  making  its  investigation  here- 
under, said  commission  shall  consider  the  subject  matter  of 
current  senate  document  number  one  hundred  and  sixty- 
six.  Said  commission  shall  report  to  the  general  court  the 
results  of  its  investigation,  and  its  recommendations,  if  any, 
together  with  estimates  of  cost  and  drafts  of  legislation 
necessary  to  carr}^  said  recommendations  into  effect,  by 
filing  the  same  with  the  clerk  of  the  senate  on  or  before  the 
first  Wednesday  of  December  in  the  current  year. 

Approved  May  25,  1945. 

Resolve  providing  for  a  study  and  survey  relative  to  Qhav    22 

THE  administration  OF  PRISON  INDUSTRIES,  SO  CALLED, 
IN   THIS    COMMONWEALTH. 

Resolved,  That  the  chairman  of  the  commission  on  ad- 
ministration and  finance,  the  comptroller,  the  state  auditor 
and  the  commissioner  of  correction,  acting  as  a  joint  board, 
are  hereby  authorized  and  directed  to  make  a  complete 
survey  and  study  of  the  administration  of  prison  industries, 
so  called,  in  this  commonwealth,  including  methods  of 
manufacture,  payment  of  wages  to  prisoners,  determination 
of  excess  profits,  rates  of  profit,  accounting  and  inventory, 
with  a  view  to  making  such  changes  in,  or  additions  to,  the 
laws  relating  thereto  as  said  joint  board  may  deem  necessary 
or  advisable  in  order  to  provide  a  more  equitable  method  of 
compensating  prisoners  for  their  labor  in  the  manufacturing 
of  prison-made  goods  and  of  determining  excess  profits  and 
rates  of  profit.  Said  joint  board  may  expend  for  necessary 
assistance  and  expenses  sums  not  exceeding,  in  the  aggre- ' 
gate,  five  hundred  dollars,  which  sums  shall  be  paid  from  the 
Prison  Industries  Funds  upon  the  approval  of  the  commis- 
sioner of  correction.  It  shall  report  to  the  general  court  the 
results  of  its  survey  and  study,  and  its  recommendations,  if 
any,  together  with  drafts  of  legislation  necessary  to  carry 
such  recommendations  into  effect,  by  fifing  the  same  with 
the  clerk  of  the  house  of  representatives  on  or  before  the 
first  Wednesday  of  December  in  the  year  nineteen  hundred 
and  forty-five.  Approved  May  31,  1945. 


972  Resolves,  1945. -— Chaps.  23,  24. 

Chap.  23  Resolve  creating  a  special  commission  to  act  in  the 

MATTER  OF  EFFECTING  THE  ESTABLISHMENT  BY  THE  FED- 
ERAL GOVERNMENT  OF  A  VETERANS*  HOSPITAL  IN  BERK- 
SHIRE,   FRANKLIN,    HAMPDEN    OR    HAMPSHIRE    COUNTV. 

Resolved,  That  a  special  commission,  consisting  of  a  resi- 
dent of  each  of  the  counties  of  Berkshire,  Franklin,  Hampden 
and  Hampshire,  to  be  appointed  by  the  governor,  is  hereby 
estabUshed  for  the  purpose  of  taking  such  action  as  may  be 
necessary  to  impress  upon  the  federal  government  the  ad- 
visability of  the  establishment  by  said  government  of  a 
veterans'  hospital  within  the  limits  of  one  of  said  counties. 
Said  commission,  in  carrying  out  its  duties  hereunder,  shall 
consider  the  matter  of  a  suitable  site  for  said  hospital  and 
the  advisability  of  having  the  commonwealth  provide  the 
land  upon  which  the  hospital  may  be  constructed  and  main- 
tained. Said  commission  may  confer  with  federal  officials 
and  take  such  other  steps  as  may  be  necessary  for  carrying 
out  the  purposes  of  this  resolve.  For  said  purposes,  said 
commission  may  expend  for  travel  and  clerical  and  other 
assistance  such  sums,  not  exceeding  five  hundred  dollars, 
as  may  hereafter  be  appropriated  therefor.  No  member  of 
the  general  court  shall  be  eUgible  for  membership  on  said 
commission.  The  commission  shall  report  to  the  general 
court  the  results  of  its  action  hereunder  and  its  recommenda- 
tions, together  with  drafts  of  legislation  necessary  to  carry 
such  recommendations  into  effect,  by  filing  the  same  with 
the  clerk  of  the  house  of  representatives  as  soon  as  possible 
during  the  current  session.  Approved  June  1,  1945. 


Chap.  24    Resolve  in  favor  of  manuel  f.  silvia  of  falmouth 

Resolved,  That,  after  an  appropriation  therefor  has  been 
made,  the  department  of  public  works  is  hereby  authorized 
to  pay  to  Manuel  F.  Silvia  of  North  Falmouth  in  the  town 
of  Falmouth  the  sum  of  one  hundred  and  ninety  dollars  in 
full  compensation  for  a  certain  parcel  of  land  owned  by  said 
Silvia  which  was  taken  by  eminent  domain  by  said  depart- 
ment in  connection  with  a  state  highway  in  said  town.  No 
payment  shall  be  made  hereunder  until  there  shall  have 
been  filed  with  the  comptroller  an  agreement  signed  by  said 
Manuel  F.  Silvia  that  the  amount,  if  any,  paid  or  to  be  paid 
.  for  legal  services  rendered  in  connection  with  the  passage 
of  this  resolve  shall  not  exceed  ten  per  cent  of  said  sum. 

Approved  June  8,  1945. 


Resolves,  1945. —  Chaps.  25,  26,  27.  973 

Resolve  providing  for  a  further  investigation  by  the  ChotV-  25 

DEPARTMENT  OF  CONSERVATION  RELATIVE  TO  THE  ACQUI- 
SITION BY  THE  COMMONWEALTH  OF  CERTAIN  PROPERTIES 
IN  THE  TOWNS  OF  OAK  BLUFFS  AND  EDGARTOWN  FOR 
PUBLIC   BEACH    PURPOSES. 

Resolved,  That  the  department  of  conservation  is  hereby 
authorized  and  directed  to  investigate  further  the  matter 
of  the  acquisition  by  the  commonwealth  of  certain  proper- 
ties in  the  towns  of  Oak  Bluffs  and  Edgartown  for  pubhc 
beach  purposes,  in  furtherance  of  the  investigation  relative 
thereto  made  by  it  under  the  provisions  of  chapter  fiftj^-five 
of  the  resolves  of  nineteen  hundred  and  forty-three.  Said 
department  shall  report  to  the  general  court  the  results  of 
its  further  investigation,  and  its  recommendations,  including 
estimates  of  cost  and  recommendations  as  to  the  allocation 
of  such  cost,  together  with  drafts  of  legislation  necessary  to 
carry  said  recommendations  into  effect,  by  filing  the  same 
with  the  clerk  of  the  house  of  representatives  on  or  before 
the  first  Wednesday  of  December  in  the  current  year. 

Approved  June  8,  1945. 

Resolve  providing  for  an  investigation  by  the  judi-  Chai)    26 

CIAL  council  relative  TO  PERMITTING  CONTRACTS  AND 
other  TRANSACTIONS  BETWEEN  HUSBAND  AND  WIFE,  AND 
RELATIVE  TO  PREVENTING  ENCROACHMENT  UPON  THE  AU- 
THORITY AND  JURISDICTION  OF  THE  COMMONWEALTH  IN 
RESPECT  TO  CERTAIN  PROCEEDINGS  AGAINST  TENANTS  OF 
DWELLINGS. 

Resolved,  That  the  judicial  council  be  requested  to  in- 
vestigate the  subject  matter  of  current  senate  document 
numbered  three  hundred  and  seventy-four,  relative  to  per- 
mitting contracts  and  other  transactions  between  husband 
and  wife,  and  the  subject  matter  of  current  house  document 
numbered  eleven  hundred  and  twenty-eight,  relative  to 
preventing  encroachment  upon  the  authority  and  jurisdic- 
tion of  the  commonwealth  in  respect  to  certain  proceedings 
against  tenants  of  dwellings;  and  to  include  its  conclusions 
and  recommendations  in  relation  thereto,  with  drafts  of  such 
legislation  as  may  be  necessary  to  give  effect  to  the  same,  in 
its  annual  report  for  the  current  year. 

Approved  June  8,  1945. 

Resolve  providing  for  an  investigation  by  the  armory  (jhQrt    27 

COMMISSION  RELATIVE  TO  THE  ERECTION  OF  NEW  ARMORIES  ^' 

IN  THE  EAST  BOSTON  DISTRICT  OF  BOSTON  AND  IN  THE 
CITY  OF  GARDNER,  AND  RELATIVE  TO  THE  ACQUISITION  OF 
CERTAIN  LAND  IN  THE  CITY  OF  LYNN  FOR  ARMORY  PUR- 
POSES. 

Resolved,  That  the  armory  commission  is  hereby  author- 
ized and  directed  to  investigate  the  subject  matter  of  cur- 
rent senate  document  numbered  three  hundred  and  eighty- 


974  Resolves,  1945.  —  Chaps.  28,  29,  30. 

two,  relative  to  the  erection  of  a  new  armory  in  the  East 
Boston  district  of  the  city  of  Boston,  the  subject  matter  of 
current  house  document  numbered  two  hundred  and  seventy- 
one,  relative  to  the  erection  of  a  new  armory  in  the  city  of 
Gardner,  and  the  subject  matter  of  current  house  document 
numbered  eight  hundred  and  forty-six,  relative  to  the  acqui- 
sition by  the  commonwealth  of  certain  land  in  the  city  of 
Lynn  for  armory  purposes.  Said  commission  shall  report 
to  the  general  court  the  results  of  its  investigations  here- 
under and  its  recommendations,  if  any,  together  with  drafts 
of  legislation  necessary  to  carry  said  recommendations  into 
effect,  by  filing  the  same  with  the  clerk  of  the  house  of  repre- 
sentatives on  or  before  the  first  Wednesday  of  December 
in  the  current  year.  Approved  June  13,  1945. 


Chap.  28  Resolve  providing  for  an  investigation  by  the  metro- 
politan DISTRICT  COMMISSION  RELATIVE  TO  THE  SANDING 
OF   REVERE    BEACH    IN   THE    CITY    OF   REVERE. 

Resolved,  That  the  metropolitan  district  commission  is 
hereby  authorized  and  directed  to  investigate  the  subject 
matter  of  current  house  document  numbered  fourteen  hun- 
dred and  forty,  relative  to  the  sanding  of  Revere  beach  in 
the  city  of  Revere.  Said  commission  shall  report  to  the 
general  court  the  results  of  its  investigation  hereunder  and 
its  recommendations,  if  any,  together  with  drafts  of  legisla- 
tion necessary  to  carry  said  recommendations  into  effect, 
by  filing  the  same  with  the  clerk  of  the  house  of  representa- 
tives on  or  before  the  first  Wednesday  of  December  in  the 
current  year.  Approved  June  13,  1945. 


Chap.  29  Resolve  empowering  the  department  of  conservation 

TO  STUDY  THE  ADVISABILITY  OF  CONSTRUCTING  A  SKI 
AREA  TO  BE  SERVICED  BY  A  SKI  LIFT  ON  THE  NORTH  OR 
NORTH-EAST  SIDE  OF  MOUNT  WACHUSETT. 

Resolved,  That  the  department  of  conservation  be  em- 
powered to  study  the  advisability  of  constructing  a  ski  area 
to  be  serviced  by  a  ski  lift  on  the  north  or  north-east  side  of 
Mount  Wachusett  as  a  post  war  project.  The  department 
shall  report  to  the  general  court  its  findings  and  recom- 
mendations by  filing  the  same  with  the  clerk  of  the  house 
of  representatives  not  later  than  January  fifth,  in  the  year 
nineteen  hundred  and  forty-six. 

Approved  June  13,  1945. 


Chap.  30  Resolve  in  favor  of  the  estate  of  mark  h.  hays,  late 

OF   WORCESTER. 

Resolved,  That,  for  the  purpose  of  discharging  a  moral 
obligation  of  the  comm.on wealth,  and  after  an  appropriation 
has  been  made  therefor,  there  shall  be  allowed  and  paid 


Resolves,  1945.  —  Chaps.  31,  32,  33.  975 

from  the  state  treasury  to  the  estate  of  Mark  H.  Hays,  late 
of  Worcester,  the  sum  of  one  hundred  and  eighty-two  dollars 
and  fiftj^  cents,  as  compensation  for  the  slaughtering  of 
animals  owned  by  said  Hays  which  reacted  to  a  tuberculin 
test  made  on  October  twenty-ninth,  nineteen  hundred  and 
thirty-four.  Approved  June  13,  1945. 


Resolve  in  favor  of  the  town  of  monroe.  Chap.  31 

Resolved,  That,  for  the  purpose  of  discharging  an  obliga- 
tion of  the  commonwealth  in  the  premises,  and  after  an 
appropriation  has  been  made  therefor,  there  shall  be  allowed 
and  paid  out  of  the  state  treasury  to  the  town  of  Monroe 
the  sum  of  four  hundred  and  forty-eight  dollars  and  seventy- 
two  cents,  being  the  amount  paid  by  said  town  to  the  com- 
monwealth for  the  care  of  a  certain  patient  at  the  Tewksbury 
state  hospital  and  infirmary  on  the  erroneous  assumption 
that  she  had  a  settlement  in  said  town. 

Approved  June  13,  1945. 


Resolve  providing  for  an  investigation  by  the  judi-  Chap.  32 

CIAL   COUNCIL  relative   TO   THE   SENTENCING   OF  PERSONS 
convicted    OF   CRIME. 

Resolved,  That  the  judicial  council  is  hereby  requested  to 
consider  the  subject  matter  of  current  senate  document 
numbered  four  hundred  and  seventy-eight,  relative  to  the 
sentencing  of  persons  convicted  of  crime,  and  also  of  cur- 
rent house  document  numbered  sixty-six,  relative  to  the  sen- 
tencing of  persons  who  are  convicted  of  certain  crimes  and 
are  under  sentence  of  imprisonment  in  the  Massachusetts 
reformatory,  current  house  document  numbered  sixty-seven, 
relative  to  the  further  sentencing  of  convicts  under  sentence 
of  imprisonment  in  the  state  prison,  current  house  document 
numbered  sixty-eight,  relative  to  the  sentencing  of  persons 
convicted  of  crime,  and  current  house  document  numbered 
three  hundred  and  sixty-eight,  relative  to  the  penalty  for  the 
crime  of  adultery,  and  to  include  its  conclusions  and  its  rec- 
ommendations, if  any,  in  relation  thereto,  with  drafts  of 
such  legislation  as  may  be  necessary  to  give  effect  to  the 
same,  in  its  annual  report  for  the  year  nineteen  hundred 
and  forty-five.  Approved  June  14,  1945. 


Resolve  providing  for  the  reimbursement  in  part  of  Chap    33 

THE    CITY    of    boston    BY    THE    COMMONWEALTH     FOR    EX- 

penses  incurred  by  said  city  in  the  operation  and 

maintenance    of   the   SUMNER   TUNNEL   THEREIN. 

Resolved,  That,  subject  to  appropriation,  there  be  allowed 
and  paid  by  the  commonwealth  from  the  Highway  Fund  to 
the  city  of  Boston  the  sum  of  one  hundred  thousand  dollars, 
to  reimburse  said  city  in  part  for  expenses  incurred  by  it  in 


976  Resolves,  1945.  —  Chaps.  34,  35. 

the  operation  and  maintenance  of  the  vehicular  tunnel  be- 
tween Boston  proper  and  East  Boston,  known  as  the  Sum- 
ner tunnel,  said  sum  to  be  paid  as  aforesaid  on  July  first  in 
the  current  year.  Approved  June  20,  191^5. 


Chap.  34  Resolve  providing  for  an  investigation  by  the  ju- 
dicial COUNCIL  relative  TO  CREATING  A  BOARD  TO  IN- 
VESTIGATE AND  REPORT  RELATIVE  TO  WAR  VETERANS  WHO 
ARE    HELD    FOR    CRIMINAL   TRIAL. 

Resolved,  That  the  judicial  council  be  requested  to  inves- 
tigate the  subject  matter  of  current  house  document  num- 
bered two  hundred  and  fifty-six,  relative  to  creating  a  board 
to  investigate  and  report  relative  to  war  veterans  who  are 
held  for  criminal  trial  and  to  include  its  conclusions  and 
recommendations,  if  any,  in  relation  thereto,  with  drafts  of 
such  legislation  as  ma}^  be  necessary  to  give  effect  to  the 
same,  in  its  annual  report  for  the  year  nineteen  hundred  and 
forty-five.  Approved  June  25,  19Jf.5. 

Chap.  35  Resolve  providing  for  an  investigation  and  study  by 

A  joint  board  consisting  of  THE  DEPARTMENT  OF  PUB- 
LIC HEALTH  AND  THE  STATE  RECLAMATION  BOARD  RELA- 
TIVE TO  THE  PROTECTION  OF  THE  PUBLIC  HEALTH  AND 
THE  RELIEF  FROM  THE  MOSQUITO  NUISANCE  IN  THE  CHARLES 
RIVER  VALLEY  AND  THE  JENNINGS  POND  AREA. 

Resolved,  That  the  department  of  public  health  and  the 
state  reclamation  board,  acting  as  a  joint  board,  are  hereby 
authorized  and  directed  to  investigate  and  study  (1)  the 
Charles  river  and  the  lands  adjacent  thereto  in  the  towns 
of  Needham,  Dover,  Westwood  and  Dedham,  and  the  cities 
of  Boston  and  Newton,  between  the  dam  at  Charles  river 
village  in  the  towns  of  Needham  and  Dover  and  the  dam  at 
Newton  Upper  Falls  in  the  city  of  Newton  and  the  town  of 
Needham,  and  (2)  the  Charles  river  and  lands  adjacent 
thereto  in  the  town  of  Natick,  and  the  area  tributary  to 
Jennings  Pond  in  the  easterly  part  of  Natick,  for  the  pur- 
pose of  determining  the  practicability  of  lowering,  during 
certain  portions  of  the  year,  the  water  in  such  portions  of 
the  Charles  river  and  the  Jennings  Pond  area  for  the  pro- 
tection of  the  public  health,  comfort  and  convenience  and 
the  relief  of  the  mosquito  nuisance.  Said  joint  board,  in  the 
course  of  its  investigation  and  study  hereunder,  shall  con- 
sider the  present  methods  and  practices  of  liolding,  drawing, 
lowering,  using  and  diverting  the  water  of  such  portion  of 
the  Charles  river,  and  shall  also  consider  the  subject  matter 
of  current  house  document  numbered  eight  hundred  and 
fifty-seven. 

For  the  purpose  of  carrying  out  the  investigation  and  study 
authorized  by  this  resolve  said  joint  board  may  employ  such 
engineers  and  such  other  assistants  as  it  may  deem  neces- 
sary, and  said  joint  board,  or  any  member  or  duly  author- 


Resolves,  11)45.  —  Chaps.  36,  37.  977 

ized  agent  thereof,  may,  at  any  reasonable  time,  enter  upon 
land  lying  within  the  area  referred  to  in  this  resolve,  and 
shall  have  access  to  any  plan  or  plans  of  existing  water  stor- 
age facilities. 

For  the  purposes  of  tlie  work  authorized  by  this  resolve  in 
the  territory  covered  by  clause  (1)  said  board  may  expend 
such  sums,  not  exceeding,  in  the  aggregate,  six  thousand  dol- 
lars, as  maj^  hereafter  be  appropriated  therefor,  and  sums  so 
expended  shall  be  assessed  upon  said  cities  and  towns  on  the 
basis  of  river  frontage  and  meadow-land  acreage  within  their 
respective  limits.  For  the  purposes  of  the  work  authorized 
by  this  resolve  in  the  territory  covered  by  clause  (2)  said 
board  may  expend  such  sums,  not  exceeding,  in  the  aggre- 
gate, twelve  hundred  dollars,  as  may  hereafter  be  appropri- 
ated therefor,  and  the  sums  so  expended  shall  be  assessed 
upon  the  said  town  of  Natick.  Said  joint  board  shall  report 
its  recommendations,  if  any,  and  plans  and  estimates  of  the 
cost  of  any  works,  improvements  or  damages,  together  with 
drafts  of  legislation  to  carry  said  recommendations  into  effect, 
by  filing  the  same  with  the  clerk  of  the  house  of  representa- 
tives on  or  before  the  first  Wednesday  of  December  in  the 
current  year,  and  shall  at  the  same  time  file  a  copy  of  said 
report  with  the  budget  commissioner. 

Approved  June  28,  1945. 


Resolve  in  favor  of  the  city  of  taunton.  Chav    36 

Resolved,  That,  subject  to  appropriation,  there  shall  be 
allowed  and  paid  out  of  the  state  treasury  to  the  city  of 
Taunton  the  sum  of  twenty-nine  thousand,  three  hundred 
and  eighty-six  dollars  and  thirty-five  cents,  said  amount  be- 
ing said  city's  share  of  the  unexpended  balance  of  the  fund 
provided  for  by  chapter  four  hundred  and  five  of  the  acts  of 
nineteen  hundred  and  thirty  for  the  improvement  of  a  cer- 
tain part  of  the  Taunton  river.        Approved  June  28, 1945. 


Resolve  to  provide  for  the  maintenance  in  the  state  r;hr,rf    37 

HOUSE    OF    the    headquarters    OF    THE    DEPARTMENT    OF  ^' 

MASSACHUSETTS,  UNITED  SPANISH  WAR  VETERANS,  AND  FOR 
THE    PRESERVATION    OF   ITS   HISTORY   AND   RECORDS. 

Resolved,  That,  subject  to  appropriation,  there  shall  be 
allowed  and  paid  from  the  state  treasury  a  sum  not  exceed- 
ing fifteen  hundred  dollars  to  aid  in  defraying  the  expenses 
of  maintaining  in  the  state  house  the  headquarters  of  the 
Department  of  Massachusetts,  United  Spanish  War  Veter- 
ans, and  in  preserving  its  history  and  records.  Payments  for 
such  aid  shall  be  made  upon  the  presentation  of  vouchers  to 
the  comptroller.  Approved  June  28,  1945. 


978  Resolves,  1945.  —  Chaps.  38,  39. 

Chap.  38  Resolve  for  an  investigation  and  study  by  the  depart- 
ment OF  PUBLIC  HEALTH  RELATIVE  TO  THE  DECAY  OF 
TEETH    RESULTING    FROM   A    LACK   OF   FLUORINE. 

Resolved,  That  the  department  of  pubhc  health  is  hereby 
authorized  and  directed  to  make  an  investigation  and  study 
of  all  questions  relating  to  the  prevention  of  caries,  including 
the  prevaleiice  ol'  caries  among  the  inhabitants  of  the  com- 
monwealth, best  methods  of  preventing  caries,  and  in  con- 
nection with  such  investigation  and  study  shall  consider  the 
apphcation  oi  fluorides  to  the  public  water  supplies,  the  effec- 
tiveness of  fliioriue,  its  use  in  prophylactic  treatments,  and 
its  use  in  lozenges,  pills  or  mouth  washes  containing  varying 
strengths  of  fluorine.  Said  department  shall  also  consider 
the  research  work  in  the  matter  of  caries  control  as  carried 
out  by  other  states  and  by  private  organizations. 

Said  department  may  employ  such  medical,  dental  and 
engineering  and  other  assistants  as  may  be  necessary  in  car- 
rying out  this  investigation  and  study,  and  may  incur  such 
expenses  as  may  be  necessary  for  carrying  out  the  provisions 
of  this  resolve,  and  shall  report  fully,  with  recommendations, 
to  the  general  court  on  or  before  the  first  Wednesday  of 
December  in  the  current  year,  including  in  its  report  drafts 
of  any  legislation  recommended  by  it.  For  the  purposes 
aforesaid  said  department  may  expend  such  sums,  not  ex- 
ceeding, in  the  aggregate,  fifteen  thousand  dollars,  as  may 
hereafter  be  appropriated  therefor;  but  before  incurring  any 
expenses  the  department  shall  from  time  to  time  estimate 
the  amount  required  and  shall  submit  the  same  to  the  gov- 
ernor and  council  for  their  approval  and  no  expenses  shall 
be  incurred  beyond  the  amount  estimated  and  approved. 

Approved  June  28,  1945. 


Chap.  39  Resolve  for  investigation  and  study  by  the  commis- 
sion ON  administration  and  finance  of  the  feasi- 
bility AND  cost  of  making  WEEKLY  PAYMENT  OF  WAGES 
TO    CERTAIN    EMPLOYEES    OF   THE    COMMONWEALTH. 

Resolved,  That  the  commission  on  administration  and 
finance  is  hereby  authorized  and  directed  to  investigate  the 
feasibility  and  cost  of  establishing  and  maintaining  a  system 
of  weekly  payment  of  wages  to  all  employees  of  the  com- 
monwealth whose  wages  are  less  than  twenty-five  hundred 
dollars  a  year  and  who  desire  weekly  payment  thereof.  In 
the  course  of  its  investigation,  said  commission  shall  con- 
sider the  subject  matter  of  current  house  document  num- 
bered six  hundred  and  seventy-eight.  Said  commission  shall 
report  to  the  general  court  its  findings,  and  its  recommenda- 
tions, if  any,  together  with  drafts  of  legislation  necessary  to 
carry  such  recommendations  into  effect,  by  filing  the  same 
with  the  clerk  of  the  house  of  representatives  not  later  than 
the  first  Wednesday  of  December  in  the  current  year. 

Approved  June  28,  1945. 


Resolves,  1945.  —  Chaps.  40,  41.  979 

Resolve  in  favor  of  michael  allessio  of  pittsfield.   (Jfiap,  40 

Resolved,  That,  subject  to  appropriation,  there  be  allowed 
and  paid  out  of  the  state  treasury  to  Michael  Allessio  of 
Pittsfield  the  sum  of  sixteen  hundred  and  ninety-four  dol- 
lars and  fifty  cents,  to  compensate  him  for  losses  sustained 
by  reason  of  the  killing  of  certain  cattle  owned  by  him  which 
were  afflicted  with  tuberculosis.  No  payment  shall  be  made 
hereunder  until  there  shall  have  been  filed  with  the  comp- 
troller an  agreement,  signed  by  said  Michael  Allessio,  that 
the  amount,  if  any,  paid  or  to  be  paid  for  legal  services  ren- 
dered in  connection  with  the  passage  of  this  resolve  shall 
not  exceed  ten  per  cent  of  the  sum  paid  or  payable  here- 
under. Approved  June  £8,  1945. 

Resolve  providing  for  a  further  investigation  by  a  (JJiaj)    41 

SPECIAL  COMMISSION  RELATIVE  TO  TRANSPORTATION  FACIL- 
ITIES  WITHIN  THE  COMMONWEALTH. 

Resolved,  That  an  unpaid  special  commission,  to  consist 
of  one  member  of  the  senate  to  be  designated  by  the  presi- 
dent thereof,  three  members  of  the  house  of  representatives 
to  be  designated  by  the  speaker  thereof,  three  persons  to  be 
appointed  by  the  governor,  the  attorney  general  and  the 
chairman  of  the  commission  of  the  department  of  public 
utilities,  is  hereby  established  for  the  purpose  of  making  an 
investigation  relative  to  transportation  facilities  within  the 
commonwealth,  such  investigation  to  be  in  furtherance  of 
the  investigation  by  the  special  commission  established 
under  chapter  sixty-four  of  the  resolves  of  nineteen  hundred 
and  thirty-nine  and  revived  and  continued  under  chapter 
thirty-five  of  the  resolves  of  nineteen  hundred  and  forty- 
three.  Said  commission  in  connection  with  its  investiga- 
tion shall  consider  the  feasibility  of  the  electrification  of  the 
steam  railroads  having  terminals  in  the  city  of  Boston. 
Said  commission  shall,  in  the  course  of  its  investigation, 
confer  and  co-operate  with  such  agencies  of  the  common- 
wealth or  any  political  subdivision  thereof,  and  with  such 
civic  and  other  associations  or  organizations,  as  may  be 
engaged  in  making  an  investigation  and  study  of  said  trans- 
portation facihties  for  the  purpose  of  co-ordinating  the 
activities  of  said  agencies,  associations  and  organizations 
in  carrying  out  said  investigations  and  studies.  Said  com- 
mission may  call  upon  the  department  of  public  utilities 
and  other  departments,  boards,  commissions  and  officers  of 
the  commonwealth  for  such  information  as  it  may  desire  in 
the  course  of  its  investigation.  Said  commission  shall  be 
provided  with  quarters  in  the  state  house  or  elsewhere,  shall 
hold  public  hearings,  shall  have  the  power  to  summon  wit- 
nesses and  to  require  the  production  of  books,  records,  con- 
tracts and  papers  and  the  giving  of  testimony  under  oath, 
and  may  expend  for  expert,  clerical  and  other  services  and 
expenses  such  sums,  not  exceeding,  in  the  aggregate,  thirty- 


980  Resolves,  1945.  —  Chaps.  42,  43,  44. 

five  hundred  dollars,  as  may  hereafter  be  appropriated 
therefor.  Said  commission  shall  report  to  the  general  court 
the  results  of  its  investigation,  and  its  recommendations, 
if  any,  together  with  drafts  of  legislation  necessary  to  carry 
its  recommendations  into  effect,  by  filing  the  same  with  the 
clerk  of  the  house  of  representatives  not  later  than  the  first 
Wednesday  of  December  in  the  current  year. 

Approved  June  28,  1945. 


Chap.  42        Resolve  in  favor  of  guy  marvel  of  petersham. 

Resolved,  That,  for  the  purpose  of  discharging  a  moral 
obligation  of  the  commonwealth  and  of  promoting  the 
public  good,  there  be  paid  from  the  state  treasury  to  Guy 
Marvel  of  Petersham,  the  sum  of  four  thousand  one  hun- 
dred and  sixty-six  dollars  and  sixteen  cents  in  full  payment 
of  the  claim  of  said  Marvel  against  the  commonwealth  for 
the  loss  of  business  alleged  to  have  been  caused  by  certain 
work  performed  by  the  metropohtan  district  water  supply 
commission,  established  by  chapter  three  hundred  and 
seventy-five  of  the  acts  of  nineteen  hundred  and  twenty-six. 
No  payment  shall  be  made  hereunder  until  said  Marvel 
shall  have  signed  and  filed  with  the  comptroller  an  agree- 
ment that  the  amount,  if  any,  paid  or  to  be  paid  for  legal 
services  rendered  in  connection  with  the  passage  of  this 
resolve  shall  not  exceed  ten  per  cent  of  the  sum  payable 
hereunder.  Approved  June  28,  1945. 


Chap.  43  Resolve  in  favor  of  the  widow  of  the  late  frank  a. 

BROOKS. 

Resolved,  That,  for  the  purpose  of  promoting  the  public 
good,  and  after  an  appropriation  therefor  has  been  made, 
there  be  paid  out  of  the  state  treasury  to  the  widow  of  the 
late  Frank  A.  Brooks,  who  died  while  a  member  of  the 
present  executive  council,  the  balance  of  the  salary  to  which 
he  would  have  been  entitled  for  the  current  term  for  which 
he  was  elected  had  he  lived  until  the  end  of  said  term. 

Approved  June  28,  1945. 


Chap.  44  Resolve  extending  the  existence  of  the  special  com- 
mission ESTABLISHED  TO  MAKE  AN  INVESTIGATION  AND 
STUDY  RELATIVE  TO  THE  ESTABLISHMENT  BY  THE  COM- 
MONWEALTH   OF   A    DEPARTMENT   OF   COMMERCE. 

Resolved,  That  the  unpaid  special  commission  established 
by  chapter  sixteen  of  the  resolves  of  the  current  year  for 
the  purpose  of  making  an  investigation  and  study  relative 
to  so  much  of  the  governor's  address,  printed  as  current 
senate  document  numbered  one,  as  relates  to  the  establish- 
ment by  the  commonwealth  of  a  department  of  commerce, 
shall  make  a  final  report  to  the  general  court  of  the  results  of 


Resolves,  1945.  —  Chaps.  45,  46.  981 

its  investigation  and  study,  and  its  recommendations,  if 
any,  together  with  drafts  of  legislation  necessary  to  carry 
its  recommendations  into  effect,  by  filing  the  same  with  the 
clerk  of  the  house  of  representatives  not  later  than  the  first 
Wednesda}^  of  December  in  the  current  year.  Said  com- 
mission may  expend  for  clerical  and  other  services  and  ex- 
penses, in  addition  to  the  sum  appropriated  by  said  chapter 
sixteen  of  the  resolves  of  the  current  year,  a  sum  not  ex- 
ceeding twenty-five  hundred  dollars,  which  sum  is  hereby 
appropriated  from  the  general  fund  or  revenue  of  the  com- 
monwealth. Approved  July  3,  194-5. 


Resolve  providing  for  an  investigation  by  the  com-  Chap.  45 

MISSION  ON  administration  AND  FINANCE  AND  THE  CIVIL 
SERVICE  COMMISSION  RELATIVE  TO  PROTECTION  OF  CER- 
TAIN OFFICERS  AND  EMPLOYEES  OF  THE  COMMONWEALTH 
AGAINST   ARBITRARY   REMOVAL. 

Resolved,  That  the  commission  on  administration  and 
finance  and  the  civil  service  commission,  acting  as  a  joint 
board,  are  hereby  directed  to  investigate  what  statutory  or 
other  protection  should  be  given  to  employees  of  the  com- 
monwealth not  subject  to  the  provisions  of  chapter  thirty- 
one  of  the  General  Laws  in  case  of  removal,  and  more 
particularly  employees  in  the  several  institutions  of  the 
commonwealth,  what  exceptions  should  be  made  to  any 
recommended  protection,  and  whether  such  protection  might 
best  be  obtained  by  placing  such  employees  in  the  classified 
service  under  the  provisions  of  said  chapter  thirty-one.  Said 
investigation  shall  include  the  subject  matter  of  current 
house  documents  numbered  six  hundred  and  eighty-two, 
seven  hundred  and  sixty-one,  eleven  hundred  and  seventy- 
one  and  fourteen  hundred  and  ninety. 

Said  joint  board  shall  report  to  the  general  court  the  re- 
sults of  its  investigation,  with  drafts  of  recommended  legis- 
lation or  rules,  if  any,  by  filing  the  same  with  the  clerk  of 
the  house  of  representatives  on  or  before  the  first  Wednes- 
day of  December  in  the  current  year. 

Approved  July  9,  1945. 

Resolve  validating  the  acts  of  lucy  y.  sokoloski  of  Chap.  46 

GREENFIELD  AS  A  NOTARY  PUBLIC. 

Resolved,  That  the  acts  of  Lucy  Y.  Sokoloski  of  Green- 
field as  a  notary  public  between  May  thirtieth,  nineteen 
hundred  and  forty-two  and  April  twentieth,  nineteen  hun- 
dred and  forty-five,  both  dates  inclusive,  in  so  far  as  the 
same  may  have  been  invalid  by  reason  of  the  fact  that,  upon 
the  change  of  her  name  from  Lucy  Yakim,  she  failed  to  re- 
register under  her  new  name  and  pay  to  the  state  secretary 
a  fee  of  one  dollar  as  required  by  section  thirteen  of  chapter 
thirty  of  the  General  Laws,  are  hereby  confirmed  and  made 
valid.  Approved  July  9,  1946. 


982  Resolves,  1945.  —  Chaps.  47,  48,  49. 

Chap.  47  Resolve  providing  for  an  investigation  by  the  state 

PLANNING  BOARD  RELATIVE  TO  THE  ACQUISITION  BY  THE 
METROPOLITAN  DISTRICT  COMMISSION  OF  CERTAIN  PROP- 
ERTY IN  THE  EAST  BOSTON  DISTRICT  OF  THE  CITY  OF  BOS- 
TON, AND  THE  DEVELOPMENT  AND  MAINTENANCE  OF  SAID 
PROPERTY  FOR  PARK,  BEACH  AND  OTHER  RECREATIONAL 
PURPOSES. 

Resolved,  That  the  state  planning  board  is  hereby  author- 
ized and  directed  to  investigate  the  subject  matter  of  cur- 
rent house  document  numbered  three  hundred  and  ninety- 
five,  relative  to  the  acquisition  by  the  metropolitan  district 
commission  of  certain  property  in  the  East  IBoston  district 
of  the  city  of  Boston,  and  the  development  and  maintenance 
of  said  property  for  park,  beach  and  other  recreational  pur- 
poses. Said  board  shall  report  to  the  general  court  the  re- 
sults of  its  investigation,  and  its  recommendations,  if  any, 
together  with  estimates  of  cost  and  drafts  of  legislation 
necessary  to  carry  its  recommendations  into  effect,  by  filing 
the  same  with  the  clerk  of  the  house  of  representatives  on 
or  before  the  first  Wednesday  of  December  in  the  current 
year.  Approved  July  9,  1945. 

Chap.  48  Resolve  providing  for  an  investigation  by  the  depart- 
ment OF  PUBLIC  WORKS  RELATIVE  TO  THE  ABOLITION  OF 
CERTAIN  RAILROAD  GRADE  CROSSINGS  IN  THE  CITY  OF 
CAMBRIDGE   AND    THE   TOWN    OF    FRAMINGHAM. 

Resolved,  That  the  department  of  public  works  is  hereby 
authorized  and  directed  to  investigate  the  subject  matter 
of  current  senate  document  numbered  two  hundred  and 
eighty-five  and  of  current  house  documents  numbered  six 
hundred  and  eighty-nine  and  ten  hundred  and  forty-four, 
relative  to  the  abolition  of  certain  railroad  grade  crossings 
in  the  city  of  Cambridge,  and  the  subject  matter  of  current 
senate  document  numbered  forty-three,  relative  to  the  ab- 
olition of  a  certain  railroad  grade  crossing  in  the  town  of 
Framingham.  Said  department  shall  report  to  the  general 
court  the  results  of  its  investigation,  and  its  recommenda- 
tions, if  any,  together  with  drafts  of  legislation  necessary  to 
carry  such  recommendations  into  effect,  by  filing  the  same 
with  the  clerk  of  the  house  of  representatives  on  or  before 
the  first  Wednesday  of  December  in  the  current  year. 

Approved  July  9,  1945. 

Chap.  49  Resolve  in  favor  of  j.  l.  sullivan  &  co. 

Resolved,  That,  for  the  purpose  of  discharging  an  obliga- 
tion of  the  commonwealth,  there  be  paid,  subject  to  appro- 
priation, from  the  state  treasury  to  John  L.  Sullivan  and 
John  J.  Hickey,  both  of  Boston,  co-partners,  doing  busi- 
ness under  the  firm  name  and  style  of  J.  L.  Sullivan  &  Co., 
the  sum  of  three  thousand,  one  hundred  and  sixty-one  dol- 


Resolves,  1945.  —  Chaps.  50,  51,  52.  983 

lars  and  twentj^  cents,  being  the  amount  due  said  Sullivan 
and  Hickey  for  work  performed  and  materials  furnished,  at 
the  request  of  an  authorized  official  of  the  military  division 
of  the  commonwealth  at  or  in  connection  with  the  State 
Guard  camp  known  as  Camp  Chase  at  Hingham  during  the 
year  nineteen  hundred  and  forty-four.  No  payment  shall 
be  made  hereunder  until  said  Sullivan  and  Hickey  shall 
have  signed  and  filed  with  the  comptroller  an  agreement 
that  the  amount,  if  any,  paid  or  to  be  paid  for  legal  services 
rendered  in  connection  with  the  passage  of  this  resolve  shall 
not  exceed  ten  per  cent  of  the  sum  payable  hereunder,  nor 
until  said  Sullivan  and  Hickey  shall  have  executed  and 
filed  with  the  comptroller  a  release,  satisfactory  in  form  to 
the  attorney  general,  in  full  satisfaction  of  all  claims  asserted 
by  them  for  compensation  for  such  services  and  materials. 

Approved  July  9,  1945. 


Resolve  validating  the  acts  of  michael  j.  burke  of  Chav    50 

BOSTON  AS  A  JUSTICE  OF  THE  PEACE. 

Resolved,  That  the  acts  of  Michael  J.  Burke  of  Boston 
as  a  justice  of  the  peace,  between  June  third,  nineteen  hun- 
dred and  thirty-eight  and  June  thirteenth,  nineteen  hun- 
dred and  forty-five,  both  dates  inclusive,  are  hereby  con- 
firmed and  made  valid  to  the  same  extent  as  if  during  said 
time  he  had  been  qualified  to  discharge  the  duties  of  said 
office.  Approved  July  9,  1945. 


Resolve  providing  for  an  investigation  by  the  depart-  Chav.   51 

MENT  OF  PUBLIC  HEALTH  RELATIVE  TO  EXCLUDING  CER- 
TAIN AREAS  IN  THE  CITY  OF  BOSTON  FROM  THE  SOUTH 
METROPOLITAN    SEWERAGE    SYSTEM. 

Resolved,  The  department  of  public  health  is  hereby  au- 
thorized and  directed  to  investigate  the  subject  matter  of 
current  house  document  numbered  twelve  hundred  and  sixty- 
seven,  relative  to  excluding  certain  areas  in  the  city  of  Bos- 
ton from  the  south  metropolitan  sewerage  system.  Said  de- 
partment shall  report  to  the  general  court  the  results  of  its 
investigation,  and  its  recommendations,  if  any,  together 
with  drafts  of  legislation  necessary  to  carry  such  recom- 
mendations into  effect,  by  filing  the  same  with  the  clerk  of 
the  house  of  representatives  on  or  before  the  first  Wednes- 
day of  December  in  the  current  year. 

Approved  July  9,  1945. 


Resolve  in  favor  of  the  city  of  everett.  Chav    52 

Resolved,  That,  for  the  purpose  of  discharging  a  moral 
obligation,  there  shall  be  allowed  and  paid,  subject  to  ap- 
propriation, from  the  state  treasury  to  the  city  of  Everett 
the  sum  of  seventeen  hundred  and  ninety-five  dollars  in 


984  Resolves,  1945.  —  Chaps.  53,  54. 

order  to  reimburse  said  city  for  damages  sustained  by  it 
with  respect  to  the  Sacramone  playground,  so  called,  located 
in  said  city,  which  was  damaged  by  the  construction  and 
maintenance  by  the  metropolitan  district  commission  of  cer- 
tain water  pipes  and  conduits  within  the  limits  of  said  play- 
ground. Approved  July  10,  1945. 

Chap.  53      Resolve  in  favor  of  mary  l.  d'amore  of  malden. 

Resolved,  That,  for  the  purpose  of  discharging  a  moral 
obligation  of  the  commonwealth  and  promoting  the  public 
good,  and  after  an  appropriation  therefor  has  been  made, 
there  shall  be  paid  out  of  the  state  treasurj^  to  Mary  L, 
D'Amore  of  Maiden,  assignee  of  the  assets  of  D'Amore 
Construction  Co.,  Inc.,  the  sum  of  forty-eight  thousand 
dollars,  said  amount  representing  the  loss  suffered  by  said 
company  during  the  years  nineteen  hundred  and  thirty- 
four,  nineteen  hundred  and  thirty-five  and  nineteen  hun- 
dred and  thirty-six  by  reason  of  delays  required  by  officials 
of  the  commonwealth  making  impossible  the  carrying  out 
of  certain  contracts  entered  into  with  said  company  relative 
to  alterations  to  the  boiler  house,  and  new  office  building, 
at  the  Boston  state  hospital  and  resulting  in  the  inability 
of  said  company  during  said  period  to  use  for  any  other  pur- 
poses certain  compressors,  steam  shovel  and  tools  and  re- 
quiring said  company  to  keep  on  the  premises  at  its  expense 
certain  watchmen  and  superintendent  during  said  period. 
No  payment  shall  be  made  hereunder  until  there  shall  have 
been  filed  with  the  comptroller  an  agreement  with  said 
Mary  L.  D'Amore  that  the  amount,  if  any,  paid  or  to  be 
paid  for  services  rendered  in  connection  with  the  passage  of 
this  resolve  shall  not  exceed  ten  per  cent  of  said  sum. 

Approved  July  12,  1945. 


Chap.  54  Resolve  in  favor  of  edward  j.  shaughnessy  of  medford. 

Resolved,  That  for  the  purpose  of  discharging  a  moral 
obligation  of  the  commonwealth,  and  after  an  appropriation 
has  been  made  therefor,  there  shall  be  allowed  and  paid  out 
of  the  state  treasury  to  Edward  J.  Shaughnessy  of  Medford, 
a  former  guard  at  the  state  prison,  who,  while  on  duty  at  said 
prison,  was  assaulted  by  certain  inmates  thereof,  and  sus- 
tained injuries  resulting  in  his  permanent  disability  and  re- 
tirement, an  annuity  in  such  an  amount  which,  when  added 
to  the  retirement  allowance  received  by  him  under  section 
four  D  of  chapter  thirty-two  of  the  General  Laws,  will  make 
such  annuity  and  retirement  allowance  equal  to  two  thirds 
the  rate  of  the  regular  compensation  received  b}''  him  at  the 
time  of  his  retirement.  Said  annuity  shall  be  payable  in 
equal  monthly  installments  commencing  upon  his  retire- 
ment and  shall  cease  upon  his  decease.  This  resolve  shall 
become  effective  as  of  July  first  in  the  current  year. 

Approved  July  IS,  1945. 


Resolves,  1945.  —  Chaps.  55,  56,  57.  985 


Resolve  providing  that  a  memorial  tablet  be  placed  Chap.   55 
IN  the  state  house  to  commemorate  the  service  and 

SACRIFICE  OF  FIRST  LIEUTENANT  JOHN  JOSEPH  DEEDY  OF 
WORCESTER,  A  FORMER  MEMBER  OF  THE  HOUSE  OF  REPRE- 
SENTATIVES. 

Resolved,  That,  after  an  appropriation  shall  have  been 
made,  the  art  commission  is  hereby  authorized  and  directed 
to  procure  a  suitable  memorial  tablet  commemorating  the 
service  and  sacrifice  of  First  Lieutenant  John  Joseph  Deedy 
of  Worcester,  a  member  of  the  military  forces  of  the  United 
States  in  World  War  II  and  a  former  member  of  the  house 
of  representatives,  who  was  killed  in  action  in  France  on 
Jul}^  twenty-eighth,  nineteen  hundred  and  forty-four,  and 
to  place  the  same  in  the  corridor  or  reading  room  of  the 
house  of  representatives,  and  may  expend  therefor  a  sum 
not  exceeding  five  hundred  dollars. 

Approved  Jidy  17,  1945. 


Resolve  validating  the  acts  of  evelyn  b.  rafferty  Chap.  56 

OF    west   SPRINGFIELD    AS   A   NOTARY   PUBLIC. 

Resolved,  That  the  acts  of  Evelyn  B.  Rafferty  of  West 
Springfield  as  a  notary  public  between  May  twent3^-fourth, 
nineteen  hundred  and  forty-three  and  June  first,  nineteen 
hundred  and  forty-five,  both  dates  inclusive,  in  so  far  as 
the  same  may  have  been  invalid  by  reason  of  the  fact  that, 
upon  the  change  of  her  name  from  Evelyn  F.  Boudreau, 
she  failed  to  re-register  under  her  new  name  and  pay  to  the 
state  secretary  a  fee  of  one  dollar  as  required  by  section 
thirteen  of  chapter  thirty  of  the  General  Laws,  are  hereby 
confirmed  and  made  valid.  Approved  July  17,  1945. 


Resolve  providing  for  an  investigation  by  the  state  Chap.  57 

BOARD  OF  housing  RELATIVE  TO  PROVIDING  FOR  A  BUREAU 
OF  SAID  BOARD  TO  ACT  IN  RELATION  TO  THE  PROCURE- 
MENT OF  HOMES  FOR  WAR  VETERANS. 

Resolved,  That  the  state  board  of  housing  is  hereby  au- 
thorized and  directed  to  investigate  the  subject  matter  of 
current  house  document  numbered  ten  hundred  and  thirty- 
one,  relative  to  providing  for  a  bureau  of  the  state  board 
of  housing  to  act  in  relation  to  the  procurement  of  homes  for 
war  veterans.  Said  board  shall  report  to  the  general  court 
the  results  of  its  investigation,  and  its  recommendations,  if 
any,  together  with  drafts  of  legislation  necessary  to  carry 
such  recommendations  into  effect,  by  filing  the  same  with 
the  clerk  of  the  house  of  representatives  on  or  before  the 
first  Wednesday  of  December  in  the  current  year. 

Approved  July  18,  1945. 


986  Resolves,  1945. —  Chaps.  58,  59. 

Chap.  58  Resolve  increasing  the  scope  of  the  investigation  to 

BE  MADE  BY  THE  SPECIAL  COMMISSION  ESTABLISHED  TO 
MAKE  AN  INVESTIGATION  RELATIVE  TO  TRANSPORTATION 
FACILITIES    WITHIN    THE    COMMONWEALTH. 

Resolved,  That  the  unpaid  special  commission  established 
by  chapter  forty-one  of  the  resolves  of  the  current  year  for 
the  purpose  of  making  an  investigation  relative  to  trans- 
portation facilities  within  the  commonwealth  shall,  in  the 
course  of  its  work,  consider  the  subject  matter  of  current 
house  documents  numbered  seven  hundred  and  seventy- 
two,  eight  hundred  and  eighty-two  and  eight  hundred  and 
eighty-three,  relative  to  the  issuance  of  commutation  tickets 
by  railroad  corporations.  Approved  July  18,  1945. 

Chap.  59  Resolve  authorizing  the  metropolitan  district  com- 
mission, THE  department  OF  PUBLIC  HEALTH  AND  THE 
METROPOLITAN  DISTRICT  WATER  SUPPLY  COMMISSION,  ACT- 
ING AS  A  JOINT  BOARD,  TO  INVESTIGATE  THE  CONDITIONS 
OF  FLOW  OF  WATER  IN  THE  NEPONSET  RIVER,  AND  RE- 
LATED   MATTERS. 

Resolved,  That,  for  the  purpose  of  carrying  out  so  much  of 
the  recommendations  contained  in  the  report  of  the  joint 
board  established  by  chapter  forty  of  the  resolves  of  nine- 
teen hundred  and  forty-three  as  relates  to  flow  of  water  in 
the  Neponset  river,  the  metropolitan  district  commission, 
the  department  of  public  health  and  metropolitan  district 
water  supply  commission,  as  a  joint  board,  are  hereby  author- 
ized and  directed  to  investigate  the  conditions  of  flow  of 
water  in  the  Neponset  river  and  the  amounts  of  water  with- 
drawn or  diverted  therefrom,  including  the  methods  and 
practices  of  holding,  drawing,  using  and  diverting  the  water 
at  the  various  dams  within  the  watershed  thereof,  and  the 
possibility  of  increasing  the  flow  of  water  by  the  introduction 
of  water  from  the  southern  Sudbury  system  or  other  works 
of  the  metropolitan  water  district  or  by  other  means.  Said 
commissions  and  department,  as  a  joint  board,  may  employ 
such  engineering  and  other  assistants  as  may  be  deemed 
necessary  to  carry  out  the  purposes  of  this  resolve,  and, 
subject  to  the  approval  of  the  governor  and  council,  may 
fix  the  compensation  of  such  assistants.  Offices  and  positions 
created  under  authority  of  this  resolve  shall  not  be  subject 
to  classification  under  sections  forty-five  to  fifty,  inclusive, 
of  chapter  thirty  of  the  General  Laws;  nor  shall  chapter 
thirty-one  of  the  General  Laws,  or  the  rules  made  thereunder, 
apply  to  such  assistants,  but  upon  request  of  said  commis- 
sions and  department,  as  a  joint  board,  the  division  of  civil 
service  shall  hold  special  examinations  of  candidates  for  such 
offices  and  positions. 

Said  commissions  and  department,  as  a  joint  board,  may 
expend  for  the  purposes  of  this  resolve  such  sums  not  ex- 
ceeding, in  the  aggregate,  five  thousand  dollars,  as  may  be 


Resolves,  1945.  —  Chap.  60.  987 

appropriated  therefor,  the  same  to  be  assessed  on  the  cities 
and  towns  in  the  metropohtan  parks  district  in  proportion 
to  their  respective  populations  and  taxable  valuations  as 
provided  in  section  fifty-five  of  chapter  ninety-two  of  the 
General  Laws. 

Said  coinmissiojis  and  department,  as  a  joint  board,  shall 
report  to  the  general  court  the  results  of  its  investigation 
and  recommendations,  if  any,  with  plans  and  estimates  of 
the  cost  of  any  works  or  improvements  and  of  the  operation 
thereof  that  it  may  recommend,  together  with  drafts  of 
legislation  necessary  to  carry  such  recommendations  into 
effect,  by  filing  the  same  with  the  clerk  of  the  house  of  repre- 
sentatives on  or  before  the  first  Wednesday  in  December 
in  the  current  year,  and  shall  at  the  same  time  file  a  copy  of 
said  report  with  the  budget  commissioner. 

Approved  July  £3,  1945. 


Resolve  providing  for  an  investigation  by  an  unpaid  QfiQ^r)    60 

SPECIAL  commission  OF  CERTAIN  CLAIMS  AGAINST  THE 
COMMONWEALTH  BY  CERTAIN  PERSONS  AND  CORPORATIONS 
FOR  WORK  PERFORMED  AND  MATERIALS  FURNISHED  BY 
THEM. 

Resolved,  That  an  unpaid  special  commission,  to  consist 
of  one  member  of  the  senate  to  be  designated  bj^  the  president 
thereof,  three  members  of  the  house  of  representatives  to  be 
designated  by  the  speaker  thereof  and  one  person  to  be 
appointed  by  the  governor,  is  hereby  established  for  the  pur- 
pose of  investigating  the  subject  matter  of  current  senate 
document  numbered  four  hundred  and  fifteen  and  of  current 
house  documents  numbered  six  hundred  and  seventeen, 
eight  hundred  and  eighty-five,  eight  hundred  and  eighty-six, 
eight  hundred  and  eighty-seven,  eight  hundred  and  eighty- 
eight  and  fifteen  hundred  and  eight,  relating  to  certain 
claims  against  the  commonwealth  by  certain  persons  and 
corporations  for  work  performed  and  materials  furnished  by 
them.  Said  commission  may  expend  for  clerical  and  other 
services  and  expenses,  such  sums,  not  exceeding,  in  the 
aggregate,  one  thousand  dollars,  as  may  hereafter  be  ap- 
propriated therefor.  Said  commission  shall  report  to  the 
general  court  the  results  of  its  investigation,  and  its  recom- 
mendations, if  any,  together  with  drafts  of  legislation  neces- 
sary to  carry  its  recommendations  into  effect,  by  filing  the 
same  with  the  clerk  of  the  house  of  representatives  on  or 
before  the  first  Wednesday  of  December  in  the  current  year. 

Approved  July  23,  1945. 


988  Resolves,  1945. —  Chaps.  61,  62. 

CJinp.  61  Resolve  providing  vor  an  investigation  by  the  port 
OF  boston  authority  of  certain  matters  relating 
TO  the  port  of  boston  and  boston  harbor  and  cer- 
tain property  adjacent  thereto. 

Resolved,  That  the  Port  of  Boston  Authorit}^  is  herebj^ 
authorized  and  directed  to  investigate  the  subject  matter 
of  current  house  document  numbered  one  hundred  and 
ninety-four,  relative  to  the  acquisition  of  property  for  the 
development  of  Boston  harbor,  of  current  house  document 
numbered  three  hundred  and  sixteen,  relative  to  the  con- 
struction of  state  piers  in  the  East  Boston  and  South  Boston 
districts  of  the  city  of  Boston,  of  current  house  document 
numbered  fifteen  hundred  and  ninety-two,  relative  to  the 
further  development  of  piers,  docks  and  other  structures 
and  land  adjoining  Boston  harbor,  and  of  current  house  doc- 
ument numbered  nineteen  hundred  and  fifty-nine,  relative 
to  providing  for  the  zoning  for  maritime  use  of  certain  terri- 
tory in  the  city  of  Boston  bordering  on  Boston  harbor.  Said 
Authority  shall  include  in  its  first  annual  report  to  the  gen- 
eral court  the  results  of  its  investigations  hereunder,  and 
its  recommendations,  if  any,  together  with  estimates  of  cost 
and  drafts  of  legislation  necessary  to  carry  such  recommenda- 
tions into  effect.  Approved  July  2S,  1945. 

Chap.  62  Resolve  providing  for  an  investigation  and  study  of, 
and  the  preparation   of  plans  and  maps  for,   the 

disposal   of   sewage    in    the   MERRIMACK   RIVER   VALLEY. 

Resolved,  That  the  Merrimack  River  Valley  Sewerage 
Board,  created  by  chapter  four  hundred  and  forty-six  of  the 
acts  of  nineteen  hundred  and  thirty-five,  as  amended,  and 
the  department  of  public  health,  acting  as  a  joint  board, 
are  hereby  authorized  and  directed  to  consider  and  report 
a  plan  for  the  disposal  of  sewage  in  the  valley  of  the  Merri- 
mack river  in  the  cities  and  towns  of  Amesbury,  Andover, 
Chelmsford,  Dracut,  Groveland,  Haverhill,  Lawrence,  Low- 
ell, MeiTimac,  Methuen,  Newburyport,  North  Andover,  Sal- 
isbury, Tewksbury,  Tyngsborough  and  West  Newbury.  It 
sliall  be  the  duty  of  said  joint  board  — 

First,  to  prepare  suitable  plans  and  maps  for  the  disposal 
of  sewage  in  the  said  cities  and  towns. 

Second,  to  consider  the  various  methods  of  disposal  of 
sewage  and  application  of  such  methods  to  any  part  of  the 
present  sewerage  systems  in  said  cities  and  towns. 

Third,  to  employ  such  engineering  and  other  assistants  as 
may  be  necessary  for  canying  out  the  objects  of  this  resolve. 

Fourth,  to  ascertain  and  report  the  cost  of  any  means  for 
the  disposal  of  sewage  recommended  by  it. 

Said  joint  boai'd,  in  making  its  investigation  and  study 
hereunder,  shall  consider  the  subject  matter  of  Appendix  D 
of  current  house  document  numbered  seventeen  hundred  and 
ten,  being  a  proposed  resolve  contained  in  the  report  of  the 


Resolves,  1945.  —  Chap.  63.  989 

Post-War  Rehabilitation  Commission  relative  to  pollution 
of,  and  the  disposal  of  sewage  in,  the  Merrimack  river  val- 
ley, and  of  current  senate  document  numbered  one  hundred 
and  fourteen,  providing  that  provision  be  made  for  a  study 
of  sewage  disposal  problems  in  the  Merrimack  river  valley. 

Said  joint  board  shall  have  access  to  all  plans,  reports  and 
specifications  relative  to  sewerage  and  sewage  disposal  of 
any  of  said  cities  or  towns.  For  the  purposes  of  this  resolve 
said  joint  board  may  expend  such  sums,  not  exceeding,  in 
the  aggregate,  thirty-five  thousand  dollars,  as  may  be  ap- 
propriated therefor.  Said  joint  board  shall  report  its  find- 
ings and  reconmiendations,  if  any,  together  with  legislation 
to  carry  such  recommendations  into  effect,  by  filing  the 
same  with  the  clerk  of  the  senate  on  or  before  the  first  day 
of  December,  nineteen  hundred  and  forty-six. 

Approved  July  2S,  1945. 


Resolve  providing  for  an  investigation  and  study  by  (JJiqj)  (33 
a  special  unpaid  commission  relative  to  the  advisa- 
bility of  establishing  an  institution  for  the  care 
of  blind  feeble-minded,  blind  epileptic  and  blind 
feeble-minded  epileptic  persons  in  the  common- 
WEALTH. 

Resolved,  That  an  unpaid  special  commission,  consisting 
of  one  member  of  the  senate  to  be  designated  by  the  pi'esi- 
dent  thereof,  three  members  of  the  house  of  representatives 
to  be  designated  by  the  speaker  thereof,  and  three  persons 
to  be  appointed  by  the  governor,  is  hereby  established  for 
the  purpose  of  investigating  and  inquiring  into  the  problem 
of  and  the  opportunities  for  treatment  of  blind  feeble- 
minded, bhnd  epileptic  and  blind  feeble-minded  epileptic 
persons  in  the  commonwealth,  with  a  view  to  determining 
the  advisability  or  necessity  of  establishing  an  institution 
for  the  care  and  treatment  of  such  persons.  Said  commis- 
sion shall  be  provided  with  quarters  in  the  state  house  or 
elsewhere,  may  hold  hearings,  and  may  expend  for  neces- 
sary assistance  and  expenses  such  sums,  not  exceeding,  in 
the  aggregate,  one  thousand  dollars,  as  may  hereafter  be 
appropriated  therefor.  Said  commission  shall  report  to  the 
general  court  the  results  of  its  investigation  and  its  recom- 
mendations, if  any,  together  with  drafts  of  legislation  nec- 
essary to  carry  its  recommendations  into  effect,  by  filing  the 
same  with  the  clerk  of  the  senate  not  later  than  the  first 
Wednesday  of  December  in  the  year  nineteen  hundred  and 
forty-five.  Approved  July  23,  1945. 


990  Resolves,  1945. —  Chaps.  64,  65. 

Chap.  64  Resolve  providing  for  an  investigation  by  the  met- 
ropolitan DISTRICT  COMMISSION  RELATIVE  TO  THE  AC- 
QUISITION BY  SAID  COMMISSION  OF  CERTAIN  PUBLIC  BATH- 
ING   BEACHES    IN    THE    CITY   OF   BOSTON. 

Resolved,  That  the  metropolitan  district  commissioii  is 
hereby  authorized  and  directed  to  investigate  the  subject 
matter  of  current  house  document  numbered  twelve  hun- 
dred and  sixty-six,  relative  to  the  acquisition  by  said  com- 
mission, on  behalf  of  the  commonwealth,  of  certain  public 
bathing  beaches  in  the  city  of  Boston.  For  said  purpose, 
said  commission  may  expend  such  sum,  not  exceeding  one 
hundred  dollars,  as  may  be  appropriated  therefor.  Said 
commission  shall  report  to  the  general  court  the  results  of 
its  investigation,  including  estimates  of  cost  and  its  recom- 
mendations, if  any,  together  with  drafts  of  legislation  neces- 
sary to  carry  said  recommendations  into  effect,  by  filing  the 
same  with  the  clerk  of  the  house  of  representatives  on  or 
before  the  first  Wednesday  of  December  in  the  current  year. 

Approved  July  23,  1945. 

Chap.   65  Resolve  providing  for  an  investigation  by  a  special 

COMMISSION  RELATIVE  TO  INCREASING  THE  SUPPLY  OF 
SHELLFISH  AND  THE  PROPAGATION  OF  SOFT  SHELLED 
CLAMS,  AND  RELATIVE  TO  SHELLFISH  CHLORINATING 
PLANTS. 

Resolved,  That  an  unpaid  special  commission,  to  consist 
of  one  member  of  the  senate  to  be  designated  by  the  presi- 
dent thereof,  three  members  of  the  house  of  representatives 
to  be  designated  by  the  speaker  thereof,  and  one  person  to 
be  appointed  by  the  governor,  is  hereby  established  for  the 
purpose  of  making  an  investigation  and  study  of  edible  shell- 
fish with  particular  reference  to  increasing  the  supply  thereof 
and  of  the  propagation  of  edible  soft  shelled  clams  in  the 
waters  of  the  commonwealth.  Said  commission,  in  the  course 
of  its  investigation,  shall  consider  the  question  of  artificial 
propagation  of  soft  shelled  clams  with  a  view  to  meeting 
the  normal  market  requirements  therefor  and  to  reclaiming 
soft  shelled  clams  from  areas  determined  to  be  contaminated 
under  section  seventy-four  of  chapter  one  hundred  and  thirty 
of  the  General  Laws  or  corresponding  provisions  of  earlier 
laws.  Said  commission,  in  the  course  of  its  investigation 
hereunder,  shall  consider  the  subject  matter  of  current  sen- 
ate document  numbered  three  hundred  and  thirty-eight  and 
house  document  numbered  ten  hundred  and  seventy-nine, 
relative  to  shellfish  chlorinating  plants.  For  the  purposes  of 
this  resolve,  said  commission  may  expend  such  sums,  not 
exceeding,  in  the  aggregate,  five  hundred  dollars,  as  may 
hereafter  be  appropriated  therefor.  Said  commission  shall 
report  to  the  general  court  the  results  of  its  investigation, 
and  its  recommendations,  if  any,  together  with  drafts  of 
legislation  necessary  to  carry  such  recommendations  into 


Resolves,  1945.  —  Chaps.  66,  67.  991 

effect,  by  filing  the  same  with  the  clerk  of  the  house  of  rep- 
resentatives on  or  before  the  first  Wednesday  of  December 
in  the  current  year.  Approved  July  23,  1945. 

Resolve  providing  for  an  investigation  and  study  by  Chav    66 
A  special  commission  relative  to  the  district  court 

SYSTEM   OF   THE    COMMONWEALTH. 

Resolved,  That  an  unpaid  special  commission,  to  consist 
of  the  committee  on  the  judiciary  and  one  person  to  be 
appointed  by  the  governor,  with  the  advice  and  consent  of 
the  council,  is  hereby  established  to  make  an  investigation 
and  study  of  the  district  court  system  of  the  commonwealth, 
with  a  view  to  recommending  such  changes  in  said  system 
as  it  may  deem  necessary  or  desirable.  In  making  its  inves- 
tigation and  study  hereunder,  said  commission  shall  consider 
the  subject  matter  of  current  senate  document  numbered 
three  hundred  and  sixty-seven,  of  current  house  documents 
numbered  three  hundred  and  eighteen,  six  hundred  and  forty- 
four  and  six  hundred  and  forty-five,  and  the  recommenda- 
tions of  the  judicial  council  contained  on  pages  twenty-eight 
to  thirty-three,  inclusive,  of  its  twentieth  report.  Said  com- 
mission may  expend  for  expenses  and  clerical  and  other  as- 
sistance such  sums,  not  exceeding,  in  the  aggregate,  three 
thousand  dollars,  as  may  hereafter  be  appropriated  therefor. 
Said  commission  shall  report  to  the  general  court  the  results 
of  its  investigation  and  study,  and  its  recommendations,  if 
any,  together  with  drafts  of  legislation  necessary  to  carry 
said  recommendations  into  effect,  by  filing  the  same  with 
the  clerk  of  the  senate  on  or  before  the  first  day  of  February 
in  the  year  nineteen  hundred  and  forty-six. 

Approved  July  23,  1945. 

Resolve  providing  for  an  investigation  and  study  by  CJiQ/n    57 

THE  DEPARTMENT  OF  CONSERVATION  RELATIVE  TO  RE- 
FORESTATION  AND  THE  CONTROL  OF  THE  GYPSY  MOTH. 

Resolved,  That  the  department  of  conservation  is  hereby 
authorized  and  directed  to  make  an  investigation  and  study 
of  the  control  of  the  gypsy  moth  throughout  the  common- 
wealth, especially  in  areas  of  the  commonwealth  where  the 
scrub  oak  is  a  serious  factor  in  the  maintenance  and  spread 
of  said  insect,  and  of  the  practicability  of  the  replacement  of 
scrub  oak  with  commercial  species.  Said  department  may 
call  upon  officials  of  the  commonwealth  and  its  political  sub- 
divisions for  such  information  as  it  may  desire  in  the  course 
of  its  investigation  and  study  hereunder.  Said  department 
shall  report  to  the  general  court  its  findings  and  its  recom- 
mendations, if  any,  together  with  drafts  of  legislation  neces- 
sary to  carry  said  recommendations  into  effect,  by  filing  the 
same  with  the  clerk  of  the  house  of  representatives  not  later 
than  the  first  Wednesday  in  December  in  the  current  year. 

Approved  July  23, 1946. 


992  Resolves,  1945. —  Chaps.  68,  69. 

Chap.  68  Resolve  providing  for  an  investigation  and  study  by 

A  SPECIAL  unpaid  COMMISSION  RELATIVE  TO  THE  LAWS 
PERTAINING  TO  THE  SOLICITATION  OF  MORTGAGES  AND 
RELATIVE  TO  FAIR  PRACTICES  IN  MORTGAGE  LENDING  AND 
RELATED   MATTERS. 

Resolved,  That  an  unpaid  special  commission,  consisting 
of  two  members  of  the  senate  to  be  designated  by  the  presi- 
dent thereof,  three  members  of  the  house  of  representatives 
to  be  designated  by  the  speaker  thereof,  the  commissioner 
of  banks  or  a  person  appointed  by  him,  the  commissioner  of 
insurance  or  a  person  appointed  by  him,  the  president  of 
the  Federal  Reserve  Bank  or  a  person  appointed  by  liim 
and  the  president  of  the  federal  home  loan  bank  of  Boston 
or  a  person  appointed  by  him,  is  hereby  established  for  the 
purpose  of  investigating  the  advisability  of  revising  the  laws 
of  the  commonwealth  relative  to  the  solicitation  and  pro- 
curement of  mortgages,  mortgage  loans  and  other  loan 
agreements,  and  of  studying  the  laws  and  practices  govern- 
ing the  mortgaging  of  real  estate  with  a  view  to  recommend- 
ing such  changes  therein  as  may  be  necessary  or  desirable 
to  eliminate  any  existing  abuses.  In  making  its  investiga- 
tion and  study  hereunder,  said  commission  shall  consider 
the  subject  matter  of  current  house  documents  numbered 
four  hundred  and  eighty-one  and  nine  hundred  and  thirty- 
one.  Said  commission  shall  be  provided  with  quarters  in 
the  state  house  or  elsewhere,  shall  hold  hearings,  shall  have 
the  power  to  summons  witnesses  and  to  require  the  produc- 
tion of  books,  records  and  papers,  and  the  giving  of  testi- 
mony under  oath,  and  may  employ  technical  assistants  and 
expend  for  clerical  and  other  services  and  expenses,  such 
sums,  not  exceeding,  in  the  aggregate,  thirty-five  hundred 
dollars,  as  may  hereafter  be  appropriated  therefor.  Said 
commission  shall  report  to  the  general  court  the  results  of 
its  investigation  and  study,  and  its  recommendations,  if  any, 
together  with  drafts  of  legislation  necessary  to  carry  its  rec- 
ommendations into  effect,  by  filing  the  same  with  the  clerk 
of  the  house  of  representatives  on  or  before  the  first  Wednes- 
day in  December  in  the  current  year. 

Approved  July  2S,  1945. 


Chap,  69  Resolve  providing  for  an  investigation  by  an  unpaid 

SPECIAL  commission  RELATIVE  TO  THE  ADVISABILITY  OF 
relocating  THE  SURFACE  STRUCTURE  IN  HARVARD  SQUARE, 
IN  THE  CITY  OF  CAMBRIDGE,  USED  IN  CONNECTION  WITH 
THE   CAMBRIDGE    SUBWAY. 

Resolved,  That  an  unpaid  special  commission,  to  consist 
of  one  member  of  the  senate  to  be  designated  by  the  presi- 
dent thereof,  two  members  of  the  house  of  representatives 
to  be  designated  by  the  speaker  thereof,  two  persons  to  be 
appointed  by  the  governor,  the  chairman  of  the  commission 
of  the  department  of  public  utilities  or  a  member  of  said  de- 


Resolves,  1945.  —  Chaps.  70,  71.  993 

partment  to  be  designated  by  said  chairman,  the  state  com- 
missioner of  piibhc  works  or  a  member  of  the  state  depart- 
ment of  pubhc  works  to  be  designated  by  said  commissioner, 
a  representative  of  the  Boston  Elevated  Railway  Company 
to  be  designated  by  the  chairman  of  the  board  of  trustees 
of  said  company,  and  three  citizens  representing  the  city  of 
Cambridge  to  be  designated  by  the  city  manager  of  said 
city,  is  hereb}'  established  for  the  purpose  of  making  an  in- 
vestigation of  the  advisability  of  relocating  the  surface  struc- 
ture in  Harvard  Square,  in  the  city  of  Cambridge,  used  in 
connection  with  the  Cambridge  subway.  Said  commission, 
in  the  course  of  its  investigation  hereunder,  shall  also  con- 
sider any  other  traffic  hazards  in  said  Harvard  Square  and 
vicinity  with  a  view  to  eliminating  those  which  it  deems 
advisable  to  promote  the  public  safety.  For  said  purposes, 
said  commission  may  expend  such  sum,  not  exceeding  one 
hundred  dollars,  as  may  hereafter  be  appropriated  therefor. 
Said  commission  shall  report  to  the  general  court  the  results 
of  its  investigation  and  its  recommendations,  if  any,  together 
with  drafts  of  legislation  necessary  to  carry  such  recom- 
mendations into  effect,  by  filing  the  same  with  the  clerk  of 
the  house  of  representatives  on  or  before  the  first  Wednes- 
day of  December  in  the  current  year. 

Approved  July  23,  1945. 


Resolve  providing  for  an  investigation  by  the  metro-  Chap,  70 

POLITAN  district  COMMISSION  RELATIVE  TO  THE  ESTAB- 
LISHMENT AND  MAINTENANCE  OF  A  SEPARATE  METRO- 
POLITAN  POLICE  UNIT  AT  THE   LYNN   SHORE   RESERVATION. 

Resolved,  That  the  metropolitan  district  commission  is 
hereby  authorized  and  directed  to  investigate  the  subject 
matter  of  current  house  documents  numbered  two  hundred 
and  sixty-seven  and  twelve  hundred  and  sixty-two,  relative 
to  the  establishment  and  maintenance  of  a  separate  metro- 
politan police  unit  at  the  Lynn  shore  reservation.  Said 
commission  shall  report  to  the  general  court  the  results  of  its 
investigations  hereunder  and  its  recommendations,  if  any, 
together  with  drafts  of  legislation  necessary  to  carry  said 
recommendations  into  effect,  by  filing  the  same  with  the 
clerk  of  the  house  of  representatives  on  or  before  the  first 
Wednesday  of  December  in  the  current  year. 

Approved  July  23,  1945. 


Resolve  providing  for  an  investigation  and  study  by  Chap.  71 

A  special  unpaid  commission  relative  to  THE  ADOP- 
TION of  wage  and  hour  STANDARDS  WITHIN  THIS  COM- 
MONWEALTH. 

Resolved,  That  a  special  unpaid  commission,  to  consist  of 
one  member  of  the  senate  to  be  designated  by  the  president 
thereof,  three  members  of  the  house  of  representatives  to  be 


994  Resolves,  1945.  —  Chap.  72. 

designated  by  the  speaker  thereof,  and  three  persons  to  be 
appointed  by  the  governor,  with  the  advice  and  consent  of 
the  council,  of  which  appointees  one  shall  be  a  representa- 
tive of  employers  and  one  a  representative  of  employees,  is 
hereby  established  for  the  purpose  of  making  an  investiga- 
tion and  study  of  the  effect  which  the  adoption  in  this  com- 
monwealth of  a  state  wage  and  hour  law,  so  called,  would 
have  upon  the  various  lines  of  business  carried  on  within  the 
commonwealth.  In  making  said  investigation  and  study 
said  commission  shall  consider  the  subject  matter  of  current 
house  document  numbered  two  thousand  and  six.  Said 
commission  shall  make  special  inquiry  with  a  view  to  deter- 
mining whether  it  is  necessary  or  desirable  to  have  any 
wage  and  hour  legislation  in  this  commonwealth,  and  if  so, 
whether  it  is  desirable  that  wage  and  hour  legislation  in  this 
commonwealth  differ  in  any  important  principle  from  the 
provisions  of  the  Federal  Fair  Labor  Standards  Act,  so  called, 
or  permit  the  adoption  of  higher  minimum  wages,  shorter 
maximum  hours  or  greater  restrictions  of  other  kinds  upon 
employment  or  working  conditions  than  those  provided  by 
said  federal  act.  Said  commission  shall  hold  public  hear- 
ings, and  may  expend  for  the  purposes  of  this  resolve  such 
sums,  not  exceeding,  in  the  aggregate,  two  thousand  dollars, 
as  may  hereafter  be  appropriated  therefor.  Said  commission 
shall  report  to  the  general  court  the  results  of  its  investiga- 
tion and  study,  and  its  recommendations,  if  any,  together 
with  drafts  of  legislation  necessary  to  carry  such  recom- 
mendations into  effect,  by  filing  the  same  with  the  clerk  of 
the  senate  on  or  before  the  first  Wednesday  of  December  in 
the  year  nineteen  hundred  and  forty-five. 

Approved  July  23,  1945. 

Chap.  72  Resolve  providing  for  a  further  investigation  and 

STUDY  RELATIVE  TO  THE  REGULATION  AND  CONTROL 
OF  THE  AGRICULTURAL  AND  DAIRY  INDUSTRY  IN  THIS 
COMMONWEALTH . 

Resolved,  That  an  unpaid  special  commission,  to  consist 
of  one  member  of  the  senate  to  be  designated  by  the  presi- 
dent thereof,  three  members  of  the  house  of  representatives 
to  be  designated  by  the  speaker  thereof  and  three  persons  to 
be  appointed  by  the  governor,  with  the  advice  and  consent 
of  the  council,  is  hereby  established  for  the  purpose  of  making 
an  investigation  and  study  relative  to  license,  inspection 
and  other  requirements  imposed  by  existing  laws  on  the 
agricultural  and  dairy  industry  in  this  commonwealth,  with 
a  view  to  recommending  such  changes  in  said  laws,  or  such 
additions  thereto,  as  said  commission  may  deem  advisable, 
such  investigation  and  study  to  be  in  furtherance  of  the 
investigation  and  study  made  by  the  special  commission 
established  under  chapter  sixty-nine  of  the  resolves  of  nine- 
teen hundred  and  forty-three.  The  commission  hereby  es- 
tablished shall  consider,  among  other  matters,  the  subject 


Resolves,  1945.  —  Chap.  73.  995 

matter  of  current  house  documents  numbered  two,  five  hun- 
dred and  forty-nine,  five  hundred  and  fifty,  five  hundred  and 
fifty-one,  five  hundred  and  fifty-two,  five  hundred  and  fifty- 
three  and  seven  hundred  and  seventy-six.  Said  commission 
may  require  of  the  department  of  agriculture,  or  any  of 
the  divisions  thereof,  the  commission  on  administration  and 
finance,  the  department  of  public  health  and  such  other  de- 
partments, commissions  and  officers  of  the  commonwealth 
as  have  or  can  obtain  information  in  relation  to  the  subject 
matter  of  this  resolve,  such  assistance  as  may  be  helpful  in 
the  course  of  its  investigation  and  study.  Said  commission 
may  expend  for  clerical  and  other  services  and  expenses  such 
sums,  not  exceeding,  in  the  aggregate,  fifteen  hundred  dol- 
lars, as  may  hereafter  be  appropriated  therefor.  Said  com- 
mission shall  report  to  the  general  court  the  results  of  its 
investigation  and  study,  and  its  recommendations,  if  any, 
together  with  drafts  of  legislation  necessary  to  carry  such 
recommendations  into  effect,  by  filing  the  same  with  the 
clerk  of  the  house  of  representatives  on  or  before  the  first 
Wednesday  of  December  in  the  current  year. 

Approved  July  23,  1945. 

Resolve  providing  for  an  investigation  by  the  joint  Phnr)    73 

COMMITTEE    ON    PUBLIC    SERVICE    RELATIVE    TO    SALARIES  ' 

OF  CERTAIN  ELECTED  AND  APPOINTED  OFFICIALS  AND 
EMPLOYEES  OF  THE  COMMONWEALTH  WHICH  ARE  ESTAB- 
LISHED BY  STATUTE,  AND  FOR  EXAMINATION  OF  AND 
REPORT  ON  THE  RECLASSIFICATION  OF  SALARIES  TO  BE 
MADE  PURSUANT  TO  CHAPTER  NINE  OF  THE  RESOLVES  OF 
THE   CURRENT   YEAR. 

Resolved,  That  the  joint  committee  on  public  service  is 
hereby  authorized  and  directed  during  the  recess  of  the 
general  court  to  make  a  study  and  report  concerning  a 
revision  of  salaries  of  elected  and  appointed  officers  and 
employees  of  the  commonwealth,  paid  from  the  treasury 
thereof,  which  are  established  by  statute,  except  those  in 
the  judicial  department,  and  for  this  purpose  said  committee 
shall  have  the  assistance  of  the  commission  on  administra- 
tion and  finance  and  of  the  persons  engaged  to  make  a  study 
and  report  on  classified  salaries  pursuant  to  chapter  nine 
of  the  resolves  of  the  current  year;  and  the  commission  on 
administration  and  finance  shall  contract  with  said  persons 
for  this  service.  Said  study  shall  include  the  subject-matter 
of  so  much  of  senate  document  one  as  relates  to  a  survey  of 
the  entire  range  of  salaries  and  employee  classifications  of 
state  employees  and  officials,  of  senate  documents  thirty- 
four,  seventy,  one  hundred  and  seventy-two,  two  hundred 
and  twelve,  two  hundred  and  thirteen,  three  hundred  and 
ninety-nine,  and  four  hundred,  and  of  house  documents  one 
hundred  and  twenty-three,  four  hundred  and  twenty-three, 
four  hundred  and  twenty-four,  four  hundred  and  twenty- 
five,  four  hundred  and  twenty-six,  six  hundred  and  eighty- 


996  Resolves,  1945.  —  Chap.  74. 

one,  ten  hundred  and  twenty-two,  eleven  hundred  and  fifty- 
four,  eleven  hundred  and  sixty-four,  twelve  hundred  and 
ninety-four,  twelve  hundred  and  ninety-seven,  twelve  hun- 
dred and  ninety-eight,  and  fourteen  hundred  and  eighty- 
five.  As  an  aid  to  said  study  the  commission  on  adminis- 
tration and  finance  is  hereby  directed  to  prepare  and  have 
ready  for  the  use  of  said  committee,  before  the  close  of  the 
present  session,  a  schedule  of  all  such  statutory  salaries, 
giving  in  each  case  the  title  of  the  office  or  employment,  the 
salary  or  range  of  salary  established  therefor  and  a  citation 
of  the  statute  under  which  established,  giving  the  year  when 
last  established  and  a  schedule  of  any  changes  which  have 
taken  place  since  nineteen  hundred  and  seventeen  or  since 
the  position  was  created  if  it  was  created  at  a  subsequent 
date. 

Said  committee  is  further  authorized  and  directed  to 
examine  the  above-mentioned  report  on  reclassification  of 
classified  salaries  when  made  pursuant  to  said  chapter  nine, 
and  to  make  report  of  its  recommendations  with  respect 
thereto,  and  in  that  connection  to  consider  the  subject- 
matter  of  that  portion  of  senate  document  one  referred  to 
above,  of  senate  document  two  hundred  and  eighty,  and  of 
house  documents  four  hundred  and  twenty- two,  five  hun- 
dred and  thirty-two,  six  hundred  and  four,  six  hundred  and 
eighty,  seven  hundred  and  sixty,  ten  hundred  and  twenty- 
three,  ten  hundred  and  twenty-four,  eleven  hundred  and 
fifty-two,  eleven  hundred  and  sixty,  eleven  hundred  and 
sixty-two,  eleven  hundred  and  sixty-three,  eleven  hundred 
and  sixty-six,  eleven  hundred  and  seventy,  eleven  hundred 
and  seventy-two,  twelve  hundred  and  ninety-five,  and  four- 
teen hundred  and  eighty-eight. 

Said  committee  shall  be  provided  with  quarters  in  the 
state  house  or  elsewhere,  and  may  expend,  with  the  approval 
of  the  governor  and  council,  for  clerical  and  other  services 
and  traveling  and  other  expenses  such  sums,  not  exceeding, 
in  the  aggregate,  eight  thousand  dollars,  as  may  hereafter 
be  appropriated  therefor.  Said  committee  shall  make  its 
report  to  the  general  court  of  the  results  of  its  study  and  its 
recommendations  in  two  parts,  the  first  part  dealing  with 
the  statutory  salaries,  and  the  second  part  dealing  with  the 
reclassification  of  the  classified  salaries,  together  with  drafts 
of  the  legislation  to  carry  into  effect  such  changes  in  statu- 
tory salaries  as  are  recommended  in  the  first  part  of  the 
report,  by  filing  the  same  with  the  clerk  of  the  house  of 
representatives  on  or  before  the  third  Wednesday  of  Novem- 
ber in  the  current  year.  Approved  July  23,  1945. 

Chap.   74  Resolve   validating   the   acts   of   israel   gorovitz   of 

CAMBRIDGE    AS   A   NOTARY    PUBLIC. 

Resolved,  That  the  acts  of  Israel  Gorovitz  of  Cambridge 
as  a  notary  public,  between  June  first  and  July  fourteenth, 
nineteen  hundred  and  forty-five,  both  dates  inclusive,  are 


Resolves,  1945.  —  Chaps.  75,  76,  77.  997 

hereby  confirmed  and  made  valid  to  the  same  extent  as  if 
during  said  time  he  had  been  quaUfied  to  discharge  the  duties 
of  said  office.  Approved  July  23,  1945. 


Resolve    authokizinc;    the    art    commission    to    have  (JJiaj)    75 

PAINTED  A  portrait  OF  FREDERIC  W.  COOK,  SECRETARY 
OF  THE  COMMONWEALTH,  AND  TO  HAVE  SAID  PORTRAIT 
HUNG    IN   THE    STATE    HOUSE. 

Resolved,  That  the  art  commission  is  authorized  and  di- 
rected to  have  painted  a  portrait  of  the  Honorable  Frederic 
VV.  Cook,  secretary  of  the  commonwealth  since  nineteen 
liundred  and  twenty-one,  and  to  have  such  portrait  liung  in 
the  office  of  said  secretary.  For  said  purpose  said  commis- 
sion may  expend  such  sums,  not  exceeding,  in  the  aggregate, 
twenty-five  hundred  dollars,  as  may  be  appropriated  there- 
for. Approved  July  23,  1945. 


Resolve  providing  for  an  investigation  and  study  by  fhn^    7a 

A    SPECIAL    UNPAID    COMMISSION    RELATIVE    TO    THE    LAWS 
PERTAINING    TO    OUTDOOR   ADVERTISING. 

Resolved,  That  a  special  unpaid  commission,  to  consist  of 
one  member  of  the  senate,  three  members  of  the  house  of 
representatives  and  three  persons  to  be  appointed  by  the 
governor,  is  hereby  established  for  the  purpose  of  making  a 
study  of  the  laws  of  the  commonwealth  relative  to  outdoor 
advertising,  with  a  view  to  making  such  changes  in  said 
laws  and  additions  thereto  as  may  be  necessary  for  the  best 
interests  of  the  public.  Said  commission  may  expend  for 
clerical  and  other  services  and  expenses  such  sums,  not  ex- 
ceeding, in  the  aggregate,  twenty-five  hundred  dollars,  as 
may  hereafter  be  appropriated  therefor.  Said  commission 
shall  report  to  the  general  court  the  results  of  its  study,  and 
its  recommendations,  if  any,  together  with  drafts  of  legisla- 
tion necessary  to  carry  said  recommendations  into  effect,  by 
filing  the  same  with  the  clerk  of  the  house  of  representatives 
not  later  than  the  first  Wednesday  of  November  in  the  cur- 
rent yeaF.  Approved  July  23,  1945. 


Resolve  reviving  and  continuing  the  special  commis-  Qhnj)    77 

SIGN  RELATIVE  TO  THE   LAWS   PERTAINING  TO  THE   SAFETY 
OF   PERSONS   IN    CERTAIN    PLACES    OF   ASSEMBLY. 

Resolved,  That  the  unpaid  special  commission  established 
by  chapter  sixty-seven  of  the  resolves  of  nineteen  hundred 
and  forty-three  is  hereby  revived  and  continued  for  the  pur- 
pose of  continuing  its  investigation  and  study  of  the  subject 
matter  of  safety  in  buildings  other  than  single  or  two  family 
dwellings,  and  particularly  in  places  of  assembly,  including 
means  of  ingress  to  and  egress  from  such  buildings  and  places 
of  assembly,  and  of  continuing  its  study  of  the  subject-mat- 


998  RESuLVEtt,  1945.  —  Chap.  78. 

ter  of  the  documents  referred  to  in  said  chapter  sixty-seven; 
and,  in  addition,  said  commission  shall  study  the  subject 
matter  of  current  house  document  numbered  three  hundred 
and  ninety-two,  relative  to  authorizing  cities  and  towns  to 
adopt  printed  codes  relating  to  buildings  and  other  struc- 
tures by  reference  to  said  codes,  and  of  current  house  docu- 
ment numbered  seven  hundred  and  forty-two,  relative  to 
the  inspection  of  kerosene,  fuel  oil,  range  oil,  heating  oil  or 
furnace  oil  for  illuminating,  heating  or  cooking  purposes. 

In  connection  with  such  investigation,  said  commission 
may  also  examine  all  records  of  every  city  and  town  within 
the  commonwealth  relative  to  licensing  and  inspection  of  the 
construction,  alteration,  repair,  use  and  occupancy  of  build- 
ings therein,  and  may  require  the  attendance  and  assistance 
of  all  officers  or  boards  of  such  cities  and  towns  charged  with 
the  duties  of  licensing  or  inspecting  any  of  said  buildings. 

Said  commission  shall  be  provided  with  quarters  in  the 
state  house  or  elsewhere,  may  hold  hearings,  may  require 
by  summons  the  attendance  and  testimony  of  witnesses  and 
the  production  of  books  and  papers;  may  travel  within  and 
without  the  commonwealth;  and  may  expend  for  necessary 
assistance  and  expenses  such  sums,  not  exceeding,  in  the 
aggregate,  three  thousand  dollars,  as  may  hereafter  be  ap- 
propriated therefor.  The  commission  shall  report  to  the 
general  court  the  results  of  its  investigations  and  its  recom- 
mendations, if  any,  together  with  drafts  of  legislation  nec- 
essary to  carry  its  recommendations  into  effect,  by  filing  the 
same  with  the  clerk  of  the  senate  not  later  than  the  first 
Wednesday  of  November  in  the  year  nineteen  hundred  and 
forty-five.  Approved  July  23,  1945. 

Chap.  78  Resolve   providing   for   an   investigation   and   study 

DURING  THE  RECESS  OF  THE  GENERAL  COURT  BY  THE 
COMMITTEE  ON  LEGAL  AFFAIRS  RELATIVE  TO  THE  SOLICI- 
TATION BY  BANKS  AND  OTHERS  FOR  APPOINTMENTS  AS 
FIDUCIARIES  IN  TRUST  ESTATES,  AND  OTHER  MATTERS 
CONNECTED    WITH    SUCH    ESTATES. 

Resolved,  That  the  committee  on  legal  affairs  is  hereby 
authorized  to  sit  during  the  recess  of  the  general  court  to 
make  an  investigation  and  study  relative  to  the  solicitation 
by  banks  and  others  for  appointments  as  fiduciaries  in  trust 
estates,  and  other  matters  connected  with  such  estates.  In 
making  its  investigation  and  study  hereunder,  said  commit- 
tee shall  consider  the  subject-matter  of  current  house  docu- 
ments numbered  eight  hundred  and  thirty-eight  and  eleven 
hundred  and  sixteen.  For  the  purposes  of  this  resolve  said 
committee  may  expend  for  expenses  and  clerical  and  other 
assistance  such  sums,  not  exceeding,  in  the  aggregate,  five 
hundred  dollars,  as  may  hereafter  be  appropriated  therefor. 
Said  committee  shall  report  to  the  general  court  the  results 
of  its  investigation  and  study,  and  its  recommendations,  if 
any,  together  with  drafts  of  legislation  necessary  to  carry 


Resolves,  1945.  -—  Chaps.  79,  80.  999 

said  recommendations  into  effect,  by  filing  the  same  with 
the  clerk  of  the  senate  on  or  before  the  first  Wednesday  of 
January  in  the  year  nineteen  hundred  and  fortj'^-six. 

Approved  July  24)  1945. 


Resolve  further  increasing  the  scope  of  the  special  Chav    79 

COMMISSION  established  TO  MAKE  AN  INVESTIGATION  AND 
STUDY  RELATIVE  TO  THE  ESTABLISHMENT  BY  THE  COMMON- 
WEALTH OF  A  DEPARTMENT  OF  COMMERCE. 

Resolved,  That  the  unpaid  special  commission  established 
by  chapter  sixteen  of  the  resolves  of  the  current  year  for  the 
purpose  of  making  an  investigation  and  study  relative  to  so 
much  of  the  governor's  address,  printed  as  current  senate 
document  numbered  one,  as  relates  to  the  establishment  by 
the  commonwealth  of  a  department  of  commerce,  is  hereby 
authorized  and  directed  to  investigate  and  study  the  subject- 
matter  of  current  house  document  numbered  seventeen  hun- 
dred and  seventeen,  relative  to  promoting  the  more  extended 
use  of  the  reservations  and  other  open  spaces  of  the  metro- 
politan parks  district  for  recreation.  Said  commission  shall 
include  its  findings  and  its  recommendations,  if  any,  relative 
to  the  subject  matter  of  said  document,  together  with  drafts 
of  legislation  necessary  to  carry  the  same  into  effect,  in  its 
report  to  be  filed  with  the  clerk  of  the  house  of  representa- 
tives not  later  than  the  first  Wednesday  of  December  in  the 
current  year.  Approved  Juhj  24,  1945. 


Resolve  providing  for  a  further  survey  and  study  Chav    80 

BY  AN  UNPAID  SPECIAL  COMMISSION  OF  THE  POST- WAR 
PROBLEMS  OF  THE  COMMONWEALTH  RELATIVE  TO  ECO- 
NOMIC  AND    OTHER    CONDITIONS. 

Resolved,  That  an  unpaid  special  commission,  consisting 
of  three  members  of  the  senate  to  be  designated  by  the 
president  thereof,  seven  members  of  the  house  of  represent- 
atives to  be  designated  by  the  speaker  thereof,  and  three 
persons  to  be  appointed  by  the  governor,  is  hereby  estab- 
lished for  the  purpose  of  making  a  further  survey  and  study 
of  such  problems  relative  to  economic  and  other  conditions 
as,  in  the  opinion  of  said  commission,  will  have  to  be  met 
by  the  commonwealth  upon  the  termination  of  the  present 
states  of  war  between  the  United  States  and  certain  foreign 
countries.  Said  commission  shall  make  a  study  of  the  eco- 
nomic resources  within  the  confines  of  the  commonwealth, 
with  a  view  to  providing  for  a  minimum  of  unemployment 
and  a  maximum  of  opportunity  for  work  for  persons  now 
in  the  armed  forces  of  the  United  States  who,  at  the  time  of 
their  demobilization,  will  be  seeking  employment,  as  well  as 
for  persons  now  engaged  in  a  civilian  'capacity  in  war  work 
who  may  be  unemployed  at  the  time  when  industry  wUl  be 
converted  from  a  wartime  producing  program  to  a  peacetime 


lOOU  Resolves,  1945.  —  Chap.  81. 

producing  program.  Said  commission  shall  also  study  meas- 
ures for  the  assistance  of  Massachusetts  veterans,  and  shall 
study  post-war  problems  with  reference  to  veterans'  legisla- 
tion. Said  commission  shall  be  provided  with  quarters  in 
the  state  house  or  elsewhere,  and  may  expend  for  necessary 
assistance  and  expenses  such  sums,  not  exceeding,  in  the 
aggregate,  five  thousand  dollars,  as  may  hereafter  be  appro- 
priated therefor.  The  commission  shall  report  to  the  general 
court  the  results  of  its  survey  and  study  and  its  recommen- 
dations, if  any,  together  with  drafts  of  legislation  necessary 
to  carry  such  recommendations  into  effect,  by  filing  the  same 
with  the  clerk  of  the  house  of  representatives  on  or  before 
tlie  first  Wednesday  of  December  in  the  current  year. 

Approved  July  24,  1945. 


Chap.  81  Resolve  reviving  and  continuing  the  special  commis- 
sion TO  INVESTIGATE  THE  LAWS  RELATING  TO  PRIMARIES 
AND    ELECTIONS. 

Resolved,  That  the  unpaid  special  commission,  established 
by  chapter  seventy-four  of  the  resolves  of  nineteen  hundred 
and  forty-one  and  revived  and  continued  by  chapter  fifty- 
seven  of  the  resolves  of  nineteen  hundred  and  forty-three,  is 
hereby  again  revived  and  continued  for  the  purpose  of  con- 
tinuing its  investigation  relative  to  the  laws  relating  to  pri- 
maries and  elections,  with  a  view  to  completing  revision  and 
perfection  of  the  same,  including  the  subject  matter  of  cur- 
rent house  document  numbered  seventeen  hundred.  The 
commission  shall  be  provided  with  quarters  in  the  state 
house,  may  hold  hearings  therein  and  elsewhere,  and  shall 
be  entitled  to  receive  the  assistance  of  the  state  secretary 
and  all  other  public  officers.  The  commission  may  summon 
and  examine  witnesses  and  require  by  subpoena  the  produc- 
tion of  books  and  papers,  and  may  expend  for  clerical  and 
other  assistance  and  expenses,  including  assistance  rendered 
and  expenses  incurred  prior  to  June  thirtieth,  nineteen  hun- 
dred and  forty-five,  such  sums,  not  exceeding,  in  the  aggre- 
gate, twenty-five  hundred  dollars,  as  may  be  appropriated 
therefor.  The  payment  by  said  commission  of  compensation 
for  services  rendered  to  it  in  the  preparation  of  changes  in 
the  primary  and  election  laws  shall  not  be  subject  to  section 
twenty-one  of  chapter  thirty  of  the  General  Laws.  Said 
commission  may  report  from  time  to  time  and  shall  make  a 
supplementary  report  to  the  general  court  of  the  results  of 
its  investigation  and  its  recommendations,  if  any,  together 
with  drafts  of  legislation  necessary  to  carry  its  recommenda- 
tions into  effect,  by  filing  the  same  with  the  clerk  of  the  house 
of  representatives  as  soon  as  may  be,  but  in  no  event  later 
than  the  first  Wednesday  of  December  in  the  year  nineteen 
hundred  and  forty-six.  Approved  Jidy  24,  1945. 


Resolves,  1945.  —  Chaps.  82,  83.  1001 

Resolve  extending  the  time  for  the  making  of  a  re-  Chap.   82 

PORT  to  the  general  COURT  BY  THE  SPECIAL  COMMISSION 
CREATED  TO  ACT  IN  THE  MATTER  OF  EFFECTING  THE  ESTAB- 
LISHMENT BY  THE  FEDERAL  GOVERNMENT  OF  A  VETERANS* 
HOSPITAL  IN  BERKSHIRE,  FRANKLIN,  HAMPDEN  OR  HAMP- 
SHIRE   COUNTY. 

Resolved,  That  the  time  for  the  making  of  a  report  to  the 
general  court  by  the  special  commission  created  by  chapter 
twenty-three  of  the  resolves  of  the  current  year  to  act  in  the 
matter  of  effecting  the  establishment  by  the  federal  govern- 
ment of  a  veterans'  hospital  in  Berkshire,  Franklin,  Hamp- 
den or  Hampshire  county,  is  hereby  extended  to  the  first 
Wednesday  of  December  in  the  current  year. 

Approved  July  24,  1945. 

Resolve   providing   for   an   investigation   and   study  Chap.  83 

BY  A  SPECIAL  COMMISSION  RELATIVE  TO  THE  WATER 
SUPPLY  NEEDS  OF  MUNICIPALITIES  IN  THE  CONNECTI- 
CUT, CHICOPEE,  SWIFT,  WARE,  QUABOAG  AND  MILLERS 
RIVER   VALLEYS. 

Resolved,  That  an  unpaid  special  commission,  to  consist 
of  one  member  of  the  senate  to  be  designated  by  the  presi- 
dent thereof,  three  members  of  the  house  of  representatives, 
who  are  members  of  the  committee  on  metropolitan  affairs, 
to  be  designated  by  the  speaker  thereof,  the  members  of 
the  metropolitan  district  water  supply  commission,  the  chief 
engineer  of  the  state  department  of  public  health,  the  chair- 
man of  the  board  of  water  commissioners  of  the  city  of 
Springfield,  the  chairman  of  the  board  of  water  commission- 
ers of  the  city  of  Holyoke,  the  superintendent  of  the  water  ' 
department  of  the  city  of  Chicopee  and  the  chairman  of  the 
board  of  water  commissioners  of  the  town  of  Orange,  here- 
inafter called  the  commission,  is  herebj'  established  for  the 
purpose  of  making  an  investigation  and  study  of  the  water 
supply  needs  of  municipalities  situated  in  the  valleys  of  the 
Connecticut,  Chicopee,  Swift,  Ware,  Quaboag  and  Millers 
rivers.  With  reference  to  the  water  supply  needs  of  munic- 
ipalities in  the  valleys  of  the  Connecticut  and  Chicopee 
rivers,  the  commission  shall  give  special  consideration  to  the 
practicability  of  the  use  by  said  municipalities  of  the  Spring- 
field reservoir,  and  with  reference  to  the  water  supply  needs 
of  the  municipalities  in  the  valleys  of  the  Swift,  Ware,  Qua- 
boag and  Millers  rivers,  the  commission  shall  consider  the 
practicability  of  the  use  by  said  municipalities  of  the  Quabbin 
reservoir  of  the  metropolitan  water  district.  Said  commis- 
sion shall  be  supplied  with  quarters  in  the  state  house  or 
elsewhere,  may  hold  hearings,  and  shall  have  the  power  to 
summon  witnesses  and  to  require  the  production  of  books, 
records  and  papers  and  the  giving  of  testimony  under  oath. 
In  making  its  investigation  and  study  hereunder,  the  com- 
mission may  employ  clerical  and  technical  assistants,  in- 


1002  Resolves,  1945.  —  Chap.  84. 

eluding  engineers,  and  make  surveys,  borings,  plans  and 
estimates  of  cost  and  may  expend  for  such  clerical,  engineer- 
ing and  technical  services  and  for  other  expenses  such  sums, 
not  exceeding,  in  the  aggregate,  twelve  thousand  five  hun- 
dred dollars,  as  may  hereafter  be  appropriated  therefor. 
The  commission  shall  report  to  the  general  court  the  results 
of  its  investigation  and  study,  and  its  recommendations,  if 
any,  together  with  drafts  of  legislation  necessary  to  carry 
said  recommendations  into  effect,  by  filing  the  same  with 
the  clerk  of  the  house  of  representatives  on  or  before  the 
first  Wednesday  of  December,  nineteen  hundred  and  fortj'^- 
six.  Approved  July  24,  1945. 


Chap.  84  Resolve  providing  for  an  unpaid  special  commission 

TO  FURTHER  CONSIDER  AND  RECOMMEND  A  POST-WAR 
PROGRAM  OF  HIGHWAY  PROJECTS  THROUGHOUT  THE  COM- 
MONWEALTH. 

Resolved,  That  an  unpaid  special  commission,  to  be  known 
as  the  Post-war  Highway  Commission  and  hereinafter  re- 
ferred to  as  the  commission,  consisting  of  three  members  of 
the  senate  to  be  designated  by  the  president  thereof,  eight 
members  of  the  house  of  representatives  to  be  designated 
by  the  speaker  thereof,  one  person  to  be  appointed  by  the 
governor,  the  mayor  of  the  city  of  Boston  or  a  person  to  be 
designated  by  him,  and  the  commissioner  of  public  works 
and  the  commissioner  of  the  metropolitan  district  commis- 
sion, is  hereby  established  for  the  purpose  of  making  a  study 
of  such  highway  projects  throughout  the  commonwealth  as 
may,  in  its  opinion,  be  necessary  or  advisable  to  be  carried 
out  after  the  termination  of  the  present  war,  with  a  view  to 
recommending  a  post-war  program  of  highway  and  traffic 
improvements  supplementing  the  program  recommended  by 
the  special  commission  established  by  chapter  forty-six  of 
the  resolves  of  nineteen  hundred  and  forty-three.  The  com- 
mission, in  carrying  out  its  study  hereunder,  shall  consider, 
with  respect  to  each  highway  project  which  it  may  deem 
necessary  or  advisable  for  inclusion  in  such  a  program,  as  to 
whether  public  convenience  requires  the  construction  or 
carrying  out  thereof,  and  if  so,  it  shall  determine  as  to  said 
project  — 

(1)  The  probable  cost,  (2)  how  the  cost  of  said  improve- 
ment, and  of  land  takings,  if  necessary,  therefor,  should  be 
apportioned,  (3)  by  whom  said  improvement  should  be 
made,  and  (4)  by  whom  said  improvement  should  be  main- 
tained upon  its  completion. 

The  commission  shall  transmit  to  the  state  department  of 
public  works  and  to  the  metropolitan  district  commission 
from  time  to  time  lists  of  post-war  highway  projects  de- 
signed to  relieve  or  eliminate  traflac  congestion  in  the  com- 
monwealth supplementing  lists  transmitted  by  said  special 
commission  established  by  said  chapter  forty-six.  Said 
department  and  said  metropolitan  district  commission  shall, 


Resolves,  1945. —  Chap.  86.  1003 

as  promptly  as  possible,  prepare  plans,  specifications,  detail 
of  location  and  amount  of  necessary  land  takings  or  acqui- 
sitions, detailed  estimates,  and  all  other  things  necessary  or 
proper  as  a  prerequisite  to  the  actual  construction  of  each 
of  the  projects  so  transmitted  to  it.  Said  department  may, 
with  the  approval  of  the  governor,  omit  or  modify  any  of 
said  projects.  Said  department  and  said  metropolitan  dis- 
trict commission  shall  each  report  in  detail  to  the  commis- 
sion, on  or  before  October  first,  nineteen  hundred  and  forty- 
six,  and  also  at  such  other  times  as  the  commission  may 
require,  the  material  so  prepared  and  its  recommendations 
in  regard  thereto. 

For  the  purpose  of  carrying  out  the  provisions  of  this 
resolve,  there  may  be  expended  by  the  commission  for  ex- 
penses and  for  expert,  clerical  and  other  assistance,  including 
expenses  of  engineers  in  state  or  municipal  employ  incurred 
by  instruction  of  the  commission,  such  sums,  not  exceeding, 
in  the  aggregate,  ten  thousand  dollars,  as  may  be  appropri- 
ated therefor  from  the  Highway  Fund. 

Notwithstanding  any  other  provision  of  law,  the  state 
department  of  public  works  may,  with  the  approval  of  the 
governor,  accept  on  behalf  of  the  commonwealth  and  ex- 
pend any  federal  funds  which  may  hereafter  be  made  avail- 
able for  financing  the  cost  of  activities  in  connection  with  the 
preparation  of  a  program  of  post-war  highway  construction. 
Authority  to  make  application  for  such  federal  funds  is 
hereby  granted  to  said  state  department  of  public  works  or 
to  such  other  agency  of  the  commonwealth  as  the  governor 
may  designate. 

The  commission  shall  report  to  the  general  court  its  find- 
ings, and  its  recommendations,  if  any,  together  with  drafts 
of  legislation  necessary  to  carry  such  recommendations  into 
effect,  by  filing  the  same  with  the  clerk  of  the  house  of  rep- 
resentatives on  or  before  the  first  Wednesday  of  December 
in  the  year  nineteen  hundred  and  forty-six,  and  may  from 
time  to  time  submit  to  the  general  court  special  reports  and 
recommendations  on  subjects  included  within  the  provisions 
of  this  resolve  by  filing  the  same  with  the  clerk  of  the  house 
of  representatives.  Approved  July  24,  1945. 

Resolve  reviving  and  continuing  the  special  commis-  Chap.  85 

SIGN  established  TO  MAKE  AN  INVESTIGATION  AND  STUDY 
RELATIVE  TO  RAPID  TRANSIT  IN  THE  BOSTON  METROPOLI- 
TAN AREA  AND  INCREASING  THE  MEMBERSHIP  OF  SAID 
COMMISSION. 

Resolved,  That  the  unpaid  special  commission,  estab- 
lished by  chapter  fifty-six  of  the  resolves  of  nineteen  hun- 
dred and  forty-three,  is  hereby  revived  and  continued  for 
the  purpose  of  continuing  its  investigation  and  study  of  the 
subject  of  rapid  transit  in  the  Boston  metropolitan  area  and 
supplementary  and  feeder  services  in  cormection  therewith. 
The  membership  of  said  commission  is  hereby  increased  by 


1004  Resolves,  1945.  —  Chap.  86. 

the  addition  of  five  members,  of  whom  one  shall  be  a  mem- 
ber of  the  senate  to  be  designated  by  the  president  thereof, 
and  four  shall  be  members  of  the  house  of  representatives 
to  be  designated  by  tlie  speaker  thereof.  For  the  purpose 
of  such  investigation  and  study,  said  commission  may  em- 
ploy necessary  engineering,  legal  and  other  assistance,  and 
shall  prepare  a  supplementary  comprehensive  plan  or  plans 
showing  the  rapid  transit  routes  and  the  supplementary  and 
feeder  services  in  connection  therewith  which  it  recommends, 
the  district  or  districts  which  it  recommends  to  be  served, 
and  such  statistical  information  and  data  as  it  may  deem  to 
be  of  assistance  to  the  general  court  in  the  consideration  of 
any  legislation  recommended.  Said  commission  may  utilize 
the  services  of  the  department  of  public  utilities,  the  Boston 
transit  department,  the  state  planning  board,  the  state  de- 
partment of  public  works  and  any  engineering  or  other 
departments,  suitably  organized  to  prepare  plans  or  other 
information,  of  any  city  or  town  within  the  district  or  dis- 
tricts which  it  expects  will  be  served  by  the  proposed  rapid 
transit  system,  and  out  of  the  sum  which  it  is  hereby  author- 
ized to  expend  may  make  funds  available  to  said  commission, 
board  and  departments,  or  any  of  them.  Said  commission 
shall  hold  public  hearings  throughout  the  district  or  districts 
which  it  expects  will  be  served  by  such  proposed  system. 
Said  commission  shall  make  its  report  to  the  general  court  by 
filing  the  same  with  the  clerk  of  the  house  of  representatives 
on  or  before  December  first  in  the  year  nineteen  hundred 
and  forty-six,  accompanied  by  such  plans,  statistics  and 
drafts  of  legislation  as  it  may  deem  necessary  or  appropriate. 
For  the  purposes  of  this  resolve,  said  commission  may  ex- 
pend an  amount  not  exceeding  twenty  thousand  dollars, 
which  shall  be  apportioned  equitably  among  the  cities  and 
towns  benefited  when  a  rapid  transit  system  is  established 
pursuant  to  said  report,  and  shall  be  paid  to  the  common- 
wealth, according  to  the  method  of  apportionment  to  be  in- 
cluded in  the  recommendations  of  said  commission. 

Approved  July  25,  1945. 


Chap.  86  Resolve  increasing  the  scope  of  the  special  commis- 
sion ESTABLISHED  TO  MAKE  AN  INVESTIGATION  AND  STUDY 
relative  TO  THE  ESTABLISHMENT  BY  THE  COMMONWEALTH 
OF   A    DEPARTMENT   OF    COMMERCE. 

Resolved,  That  the  unpaid  special  commission  established 
by  chapter  sixteen  of  the  resolves  of  the  current  year  for  the 
purpose  of  making  an  investigation  and  study  relative  to  so 
much  of  the  governor's  address,  printed  as  current  senate 
document  numbered  one,  as  relates  to  the  establishment  by 
the  commonwealth  of  a  department  of  commerce,  is  hereby 
authorized  and  directed  to  investigate  and  study  the  sub- 
ject matter  of  current  house  document  numbered  four  hun- 
dred and  thirty-five,  relative  to  the  establishment  of  the 
Massachusetts  recreation  board.    Said  commission  shall  in- 


Resolves,  1945.  —  Chaps.  87,  88.  lOOo 

elude  its  findings  and  its  recommendations,  if  an}^,  relative 
to  the  subject  matter  of  said  document,  together  with  drafts 
of  legislation  necessary  to  carry  the  same  into  effect,  in  its 
report  to  be  filed  with  the  clerk  of  the  house  of  representa- 
tives not  later  than  the  first  Wednesday  of  December  in  the 
current  year.  Approved  July  25,  1945. 

Resolve  providing  for  an  investigation  and  study  by  Qfidj)    g7 

A  SPECIAL  commission  RELATIVE  TO  THE  ACQUISITION, 
CONSTRUCTION  AND  OPERATION  OF  AIRPORTS  BY  THE 
COMMONWEALTH  AND  BY  CITIES  AND  TOWNS,  THE  REGU- 
LATION OF  AIR  TRANSPORTATION,  AND  CERTAIN  RELATED 
MATTERS, 

Resolved,  That  an  unpaid  special  commission,  to  consist 
of  six  members  of  the  senate  to  be  designated  by  the  presi- 
dent thereof,  nine  members  of  the  house  of  representatives 
to  be  designated  by  the  speaker  thereof  and  four  persons  to 
be  appointed  by  the  governor,  is  hereby  established  for  the 
purpose  of  making  an  investigation  and  study  of  the  subject 
matter  of  current  senate  document  numbered  one  hundred 
and  fifty-five  and  of  current  house  documents  numbered  one 
hundred  and  seventy-six,  two  hundred  and  forty-nine,  two 
hundred  and  fifty,  five  hundred  and  two,  five  hundred  and 
seventy-five,  nine  hundred  and  sixteen,  nine  hundred  and 
seA^enteen,  thirteen  hundred  and  eighty-seven,  fifteen  hun- 
dred and  forty-two  and  seventeen  hundred  and  fifteen,  rela- 
tive to  the  acquisition,  construction  and  operation  of  air- 
ports by  the  commonwealth  and  by  cities  and  towns,  and 
the  regulation  of  air  transportation,  and  of  house  document 
numbered  twenty-one  hundred  and  thirty,  relative  to  revis- 
ing the  laws  relative  to  aeronautics,  and  establishing  the 
jNlassachusetts  aviation  commission  to  succeed  the  Massa- 
chusetts aeronautics  commission,  and  to  consider  such  other 
matters  related  to  the  development  of  air  navigation  facili- 
ties in  the  commonwealth  as  it  may  deem  advisable.  Said 
commission  may  expend  for  travel  and  other  expenses  and 
for  clerical  and  other  assistance  such  sums,  not  exceeding, 
in  the  aggregate,  ten  thousand  dollars,  as  may  be  appro- 
priated therefor.  Said  commission  shall  report  to  the  gen- 
eral court  the  results  of  its  investigation  and  study,  and  its 
recommendations,  if  any,  together  with  drafts  of  legislation 
necessary  to  carry  such  recommendations  into  effect,  by  fil- 
ing the  same  with  the  clerk  of  the  house  of  representatives 
on  or  before  the  first  Wednesday  in  December  in  the  current 
year.  Approved  July  25,  1945. 

Resolve  providing  for  an  investigation  by  a  special  Chap.  88 

COMMISSION  OF  CERTAIN  MATTERS  RELATING  TO  PUBLIC 
EDUCATION. 

Resolved,    That  an  unpaid  special  commission,  to  consist 
of  three  members  of  the  senate  to  be  designated  by  the  presi- 


1006  Resolves,  1945.  —  Chap.  89. 

dent  thereof,  six  members  of  the  house  of  representatives  to 
be  designated  by  the  speaker  thereof,  the  president  of  the 
Massachusetts  state  college  or  a  person  designated  by  him, 
the  commissioner  of  education  or  a  person  designated  by 
him  and  three  persons  to  be  appointed  by  the  governor,  is 
hereby  established  for  the  purpose  of  making  an  investiga- 
tion of  the  subject  matter  of  the  resolve  providing  for  an 
investigation  by  a  special  commission  of  the  advisability  of 
the  establishment  of  a  State  University  including  a  medical 
school,  a  dental  school,  a  veterinary  school  and  a  school  of 
osteopathy,  printed  as  current  senate  document  numbered 
five  hundred  and  fifty-one,  the  subject  matter  of  the  resolve 
providing  for  an  investigation  by  a  special  commission  to  de- 
termine the  proper  division  of  responsibility,  as  between  the 
commonwealth  and  its  political  subdivisions,  for  the  support 
of  public  education  within  the  commonwealth,  printed  as 
current  house  document  numbered  nine  hundred  and  eleven, 
the  subject  matter  of  the  resolve  providing  for  an  investiga- 
tion by  a  special  commission  relative  to  the  advisability  of 
making  the  election  or  appointment  of  persons  as  school 
teachers  subject  to  certification  by  the  department  of  edu- 
cation as  to  their  qualifications,  printed  as  current  house 
document  numbered  eighteen  hundred  and  nine,  and  the 
subject  matter  of  the  resolve  providing  for  an  investigation 
by  a  special  commission  relative  to  the  advisability  of  abol- 
ishing the  advisory  board  of  education  in  the  department  of 
education  and  establishing  in  lieu  thereof  in  said  department 
the  Massachusetts  board  of  education,  printed  as  current 
house  document  numbered  eighteen  hundred  and  twelve. 
Said  commission  shall  be  provided  with  quarters  in  the  state 
house  or  elsewhere  and  may  expend  for  clerical  and  other 
expenses  such  sums,  not  exceeding,  in  the  aggregate,  fifteen 
hundred  dollars,  as  may  hereafter  be  appropriated  therefor. 
Said  commission  shall  report  to  the  general  court  the  results 
of  its  investigation,  and  its  recommendations,  if  any,  to- 
gether with  drafts  of  legislation  necessary  to  carry  its  recom- 
mendations into  effect,  by  filing  the  same  with  the  clerk  of 
the  house  of  representatives  on  or  before  the  first  Wednes- 
day of  December,  nineteen  hundred  and  forty-six. 

Approved  July  25,  1945. 

Chap.  89  Resolve  providing  for  an  investigation  and  study  by 

A  SPECIAL  COMMISSION  OF  CERTAIN  MATTERS  RELATING 
TO  THE  NON-CONTRIBUTORY  RETIREMENT  SYSTEMS  OF  THE 
COMMONWEALTH  AND  CERTAIN  POLITICAL  SUB-DIVISIONS 
THEREOF. 

Resolved,  That  an  unpaid  special  commission,  to  consist 
of  one  member  of  the  senate  to  be  designated  by  the  presi- 
dent thereof,  three  members  of  the  house  of  representatives 
to  be  designated  by  the  speaker  thereof  and  three  persons 
to  be  appointed  by  the  governor  is  hereby  established  for  the 
purpose  of  making  an  investigation  and  study  of  the  non- 


Resolves,  1945.  —  Chap.  90.  1007 

contributory  retirement  systems  of  the  commonwealth  and 
certain  political  sub-divisions  thereof.  Said  commission  shall 
consider,  among  other  matters,  the  subject  matter  of  current 
house  documents  numbered  six  hundred  and  one,  nine  hun- 
dred and  ninety-eight,  ten  hundred  and  seven,  twelve  hun- 
dred and  sevent3^-four,  twelve  hundred  and  eighty-one,  and 
fourteen  hundred  and  sixty-six,  and  of  current  senate  docu- 
ment numbered  four  hundred  and  seventy-six.  Said  com- 
mission shall  also  consider  such  other  matters  relating  to  the 
subject  matters  of  said  documents  as  it  may  deem  advisable, 
with  special  reference  to  persons  who  have  been  retired  under 
any  provision  of  law  relating  to  non-contributory  retirement 
systems.  Said  commission  may  expend  for  clerical  and  other 
services  and  expenses  such  sums,  not  exceeding,  in  the  ag- 
gregate, three  thousand  dollars  as  may  hereafter  be  appro- 
priated therefor.  Said  commission  shall  report  to  the  gen- 
eral court  the  results  of  its  investigation  and  study,  and  its 
recommendations,  if  any,  together  with  drafts  of  legislation 
necessary  to  carry  such  recommendations  into  effect,  by 
filing  the  same  with  the  clerk  of  the  house  of  representa- 
tives on  or  before  the  first  Wednesday  of  December  in  the 
year  nineteen  hundred  and  forty-six. 

Approved  July  25,  1945. 


Resolve   increasing  the   scope   of  the   investigation  Chap.  90 

TO  BE  MADE  BY  THE  SPECIAL  COMMISSION  ESTABLISHED 
TO  INVESTIGATE  THE  LAWS  RELATING  TO  PRIMARIES  AND 
ELECTIONS. 

Resolved,  That  the  unpaid  special  commission  established 
by  chapter  seventy-four  of  the  resolves  of  nineteen  hundred 
and  forty-one,  and  revived  and  continued  by  chapter  fifty- 
seven  of  the  resolves  of  nineteen  hundred  and  forty-three 
and  by  chapter  eighty-one  of  the  resolves  of  the  current 
year,  for  the  purpose  of  making  an  investigation  of  the  laws 
relating  to  primaries  and  elections  shall,  in  the  course  of  its 
work,  consider  the  subject  matter  of  current  house  document 
numbered  two  thousand  and  sixty-one,  relative  to  the  aboli- 
tion of  presidential  primaries  and  for  the  election  of  delegates 
to  conventions  of  political  parties,  the  subject  matter  of 
current  senate  document  numbered  one  hundred  and  twenty- 
seven  and  of  current  house  document  numbered  six  hundred 
and  thirty-four,  relative  to  providing  for  the  expression  of 
preference  at  presidential  primaries  for  candidates  for  presi- 
dent and  vice  president  of  the  United  States,  the  subject 
matter  of  current  senate  document  numbered  four  hundred 
and  twenty-four,  relative  to  the  removal  of  members  of  city, 
town  or  ward  committees  of  poHtical  parties,  and  the  subject 
matter  of  current  house  document  numbered  two  hundred 
and  one,  relative  to  the  printing  on  the  official  ballot  of  the 
names  of  delegates  and  alternate  delegates  to  national 
conventions.  Approved  July  26,  1945. 


1008  Amendment  to  Constitution. 


®I|?  (Enmmimujraltlj  at  HaBHarlfUHPltB 


In  the  Year  One  Thousand  Nine  Hundred  and  Forty-Three. 


Proposal  for  a  legislative  amendment  of  the  consti- 
tution PROVIDING  that  THE  GENERAL  COURT  MAY  PRE- 
SCRIBE   A    RETIREMENT    A(;E    FOR    JUDGES. 

The  foregoinjj;  Proposal  for  a  legislative  amendment  of 
the  Constitution  providing  that  the  General  Court  may 
prescribe  a  retirement  age  for  judges,  which  was  agreed  to 
in  joint  session  of  the  two  houses  of  the  General  Court  on 
May  12,  1943,  and  which  was  referred  to  the  General  Court 
of  1945,  was  considered  in  joint  convention  of  the  two 
houses  of  the  General  Court  on  June  11,  1945,  and  the  pro- 
posal was  not  agreed  to.  It  was  reconsidered  at  a  joint 
session  on  June  28,  1945,  and  again  was  not  agreed  to. 

June  28,  1!M5. 

IRVING   N.   HAYDEN, 

Clerk  of  the  Convention . 


Amendment   vo  C'oNsin'ruTToN.  1009 


®l|f  (Eommonuiraltl)  cf  iiaaaatliuaptta 


In  the  Year  One  Thoisand  Nine  Hundred  and  Fortv-Five 


Proposal  for  a  LECiisLATivio  amendment  of  the  consti- 
tution PROVIDING  a  GUAltANTEE  OF  THE  RIGHT  OF  FREE 
SPEECH    FOR   THE    PEOPLE. 

A  joint  session  of  the  Senate  and  House  of  Representatives  Proposed 
hereby  declares  it  to  be  expedient  to  alter  the  Constitution  l^^the"^^'^^ 
by  the  adoption  of  the  following  Article  of  Amendment,  to  constitution 

DrOVldlllK  Si 

the  end  that  it  may  become  a  part  of  the  Constitution,  if  guarantee  of 
similarly  agreed  to  in  a  joint  session  of  the  next  General  fl^ee "peed/ for 
Court  and  approved  by  the  people  at  the  state  election  next  *-^^  people, 
following: 

ARTICLE    OF   AMENDMENT. 

Article  X\l  of  Part  the  First  is  hereb}-  annulled  and  the 
following  is  adopted  in  place  thereof: 

Article  XVI.  The  liberty  of  the  press  is  essential  to  the 
security  of  freedom  in  a  state:  it  ought  not,  therefore,  to 
be  restrained  in  this  Commonwealth.  The  right  of  free; 
speech  shall  not  be  abridged. 

In  Joint  Session,  June  28,  194.5. 

The  foregoing  legislative  amendment  of  the  C-onstitution  Certified  to 
is  agreed  to  in  joint  session  of  the  two  houses  of  the  General  ofthrcom-"^ 
Court,  the  saicl  amendment  having  received  the  affirmative  Xi^re^ferred 
votes  of  a  majority  of  all  the  members  elected;    and  it  is  to  the  next 
referred  to  the  next  General  Court  in  accordance  with  a  pro-  ^^"^'"'*  ''°"'"  ■ 
vision  of  the  Constitution. 

IRVING   N.   HAYDEN, 

Clerk  of  the  Joint  Session. 


JUKI 


I  NITl ATIVE    PeTI  ri  ON 


all|f  Qlnmtttonmpaltli  of  flaasarliusFttH 


Initiative 
petition  filed 
to  repeal  the 
old  age 
assistance 
law,  etc. 


Submission 
to  voters. 


Office  of  the  Secretary, 

Boston,  February  1,  194G. 

Pursuant  to  the  provisions  of  Article  XL VI II  of  the 
Amendments  to  the  Constitution,  "The  Initiative.  //. 
Initiative  Petitions.  Section  3'\  an  initiative  petition  was 
filed  in  this  office  September  7,  1944,  signed  by  ten  qualified 
voters  together  with  the  certification  of  the  Attorney  Gen- 
eral that  the  measure  was  in  proper  form  for  submission  to 
the  people,  and  the  remainder  of  more  than  the  required 
number  of  qualified  voters  (24,597)  was  filed  December  5, 
1944,  representing  that  there  was  need  for  legislation,  either 
by  the  general  court  or  by  the  people,  to  repeal  the  old  age 
assistance  law  and  substitute  therefor  an  old  age  pension 
law  to  be  administered  by  the  commonwealth  in  conformity 
with  the  law,  rules  and  regulations  promulgated  thereunder 
of  the  federal  social  security  act  so  as  to  be  eligible  for  financ- 
ing in  part  by  federal  funds,  accompanied  by  a  Bill  entitled, 
"An  Act  repealing  the  old  age  assistance  law  and  substitut- 
ing therefor  an  old  age  pension  law  to  be  administered  by 
the  commonwealth  in  conformity  with  the  law,  rules  and 
regulations  promulgated  thereunder  of  the  federal  social 
security  act  so  as  to  be  eligible  for  financing  in  part  by  federal 
funds." 

Under  date  of  January  3,  1945,  said  petition  was  trans- 
mitted by  this  office  to  the  Clerk  of  the  House  of  Representa- 
tives and  was  thereby  deemed  to  be  introduced  and  pending 
in  the  General  Court. 

At  the  first  annual  session  of  the  General  Court  of  1945, 
after  due  consideration  of  the  petition  and  its  accompanying 
bill  (House  document  No.  473),  the  House  of  Representa- 
tives passed  the  bill  on  June  5,  1945.  The  Senate  did  not 
vote  on  the  bill  before  the  first  Wednesday  of  June;  there- 
fore, the  measure  failed  to  pass.  The  committee  on  pen- 
sions and  old  age  assistance  of  the  General  Court  filed  a 
majority  report  which  was  printed  as  House  document 
No.  1979  for  the  year  1945. 

Said  petition  was  completed  by  the  acceptance  in  this 
office  July  31,  1945,  of  a  sufficient  number  (7,080)  of  addi- 
tional signatures  of  qualified  voters  of  the  Commonwealth, 
and  said  law  will  be  submitted  for  approval  or  disapproval 
by  the  people  at  the  state  election  November  5,  1946. 

FREDERIC   W.   COOK, 

Secretary  of  the  Cormnonwealth. 


Acts  and  Resolves  Approved,  etc.  1011 


NUMBER  OF  ACTS  AND  RESOLVES  APPROVED, 
AND  LIST  OF  ACTS  VETOED  BY  THE  GOVER- 
NOR AND  ACTS  DECLARED  EMERGENCY 
LAWS  BY  THE  GOVERNOR  UNDER  AUTHORITY 
OF  THE   CONSTITUTION. 


The  general  court,  during  its  first  annual  session  held  in 
1945,  passed  736  Acts  and  90  Resolves,  which  received 
executive  approval. 

The  governor  returned  13  Acts  with  his  objections  thereto 
in  writing.    Upon  13  Acts  his  objections  were  sustained. 

Thirteen  (13)  Acts  entitled,  respectively,  "An  Act  author- 
izing the  establishment  within  the  town  of  Weymouth  of  a 
hospital  for  the  inhabitants  of  such  town";  "An  Act  further 
regulating  certain  appointments  and  salary  increases  in  the 
city  of  Boston  and  county  of  Suffolk";  "An  Act  relative 
to  the  registration  of  voters  prior  to  primaries,  preliminary 
elections  and  elections";  "An  Act  relative  to  certain  pre- 
requisites to  state-wide  recounts  of  votes  cast  at  State 
elections";  "An  Act  relative  to  the  inspection  of  documents 
used  by  witnesses  to  refresh  their  recollection  and  the  admis- 
sibility in  evidence  thereof";  "An  Act  providing  for  pre- 
liminary elections  in  the  town  of  Dracut " ;  "An  Act  relative 
to  the  treatment  of  assets  deposited  by  insurance  companies 
as  collateral  for  certain  bonds  given  for  the  security  of  their 
policyholders,  in  the  computation  of  the  assets  and  liabili- 
ties of  such  companies";  "An  Act  restricting  expense  assess- 
ments by  fraternal  benefit  societies";  "An  Act  relative  to 
certain  deductions  in  the  fixing  of  the  amounts  of  annual 
municipal  assessments";  "An  Act  establishing  the  board 
of  registration  of  chiropractors  and  defining  its  powers  and 
duties";  "An  Act  relative  to  the  admission  of  certain  per- 
sons to  the  state  retirement  system";  "An  Act  granting 
certain  rights  to  Clara  W.  Jackson  under  the  state  retire- 
ment system"  and  "An  Act  relative  to  the  taxation  of 
marine,  or  fire  and  marine,  insurance  companies"  were 
passed  and  laid  before  the  governor  for  his  approval;  were 
returned  by  him  with  his  objections  thereto,  to  the  branch 
in  which  they  respectively  originated;  were  reconsidered, 
and  the  vote  being  taken  on  their  passage,  the  objections  of 
the  governor  thereto  notwithstanding,  they  were  rejected, 
and  said  acts  thereby  became  void. 

Five  (5)  Acts  entitled,  respectively,  "An  Act  relative  to 
certain  exceptions  and  exemptions  under  the  workmen's 
compensation  law"  (Chapter  369);  "An  Act  to  provide  for 
a  third  deputy  state  treasurer"  (Chapter  489);    "An  Act 


1012  Acts  and  Resolves  Approved,  etc. 

relatinfj;  to  licensing  of  certain  public  entertainment  on 
Sunday"  (('hapter  575);  "An  Act  authorizing  and  directing 
the  department  of  public  works  to  construct  certain  addi- 
tions to  the  Freezer  building  and  its  facilities  located  on  the 
state  fish  pier  in  Gloucester  harbor"  (Chapter  653)  and 
"An  Act  to  provide  for  absent  registration  for  voting  by 
those  who  by  reason  of  physical  disability  are  unable  to 
make  application  in  person  at  sessions  called  for  the  purpose 
of  registering  voters"  (Chapter  715)  were  declared  to  be 
emergency  laws  by  the  governor  in  accordance  with  the 
provisions  of  the  forty-eighth  amendment  to  the  Constitu- 
tion "The  Referendum.  II.  Emergency  Measures".  Said 
Chapter  369  thereby  took  effect  at  12.15  p.m.  on  June  1, 
1945;  said  Chapter  489  at  12.50  p.m.  on  July  12,  1945;  said 
Chapter  575  at  9.45  a.m.  on  July  31,  1945;  said  Chapter 
653  at  10.23  a.m.  on  July  24,  1945  and  said  Chapter  715  at 
4.10  P.M.  on  August  2,  1945. 

The  general  court  was  prorogued  on  Wednesday,  July  25, 
1945,  at  three  o'clock  p.m.,  the  session  having  occupied  204 
days. 


Return  of  Votes,  etc.  1013 


Return  of  votes  on  question  no.  1,  being  a  legislative  amendment 
to  the  constitution,  submitted  under  the  provisions  of  article 
xlviii  of  the  amendments  to  the  constitution  to  the  voters 
of  the  commonwealth  at  the  state  election  held  november 

7,  1944. 

Question  No.  1  — ■  Proposed  Amendment  to  the  Constitution. 

Shall  an  amendment  to  the  constitution  to  provide  for  a  Fair,  Concise 
Summary,  instead  of  a  Description,  of  Each  Proposed  Amendment  to  the 
Constitution  and  Each  Law  submitted  to  the  People,  under  the  Initiative 
and  the  Referendum,  and  Certain  Changes  relative  to  the  Filing  of  Initia- 
tive Petitions  which  is  further  described  as  follows:  — 

This  amendment  amends  Article  XLVIII  of  the  Amendments  to  the 
Constitution  by  striking  out  section  three  under  the  heading  '^The  Initia- 
tive. II.  Initiative  Petitions^'  and  inserting  in  place  thereof  a  new  section 
which  provides,  — 

That  an  initiative  petition  for  a  constitidional  amendment  or  a  law  shall 
_first  be  signed  by  ten  qualified  voters  of  the  Commonwealth  and  shcdl  be 
submitted  to  the  Attorney  General  not  later  than  the  first  Wednesday  of  the 
August  before  the  assembling  of  the  (leneral  Court  into  which  it  is  to  be 
introduced.  It  may  be  filed  with  the  Secretary  of  the  Commonwealth  if  the 
Attorney  General  shall  certify  that  the  measure  and  its  title  are  in  proper 
form  and  that  it  is  not,  affirmatively  or  negatively,  substantially  the  same 
as  any  measure  which  has  been  qualified  for  submission  or  submitted  to 
the  people  at  either  of  the  two  preceding  biennial  state  elections,  and  that 
it  contains  only  subjects  not  excluded  from  the  popular  initiative  and  which 
are  related  or  which  are  mutually  dependent. 

The  Secretary  shall  provide  blanks  for  the  use  of  subsequent  signers. 
He  shall  print  at  the  top  of  each  blank  a  fair,  concise  summary  of  the  pro- 
posed measure,  as  determined  by  the  Attorney  General  as  it  will  appear 
upon  the  ballot,  together  with  the  names  and  residences  of  the  first  ten 
signers.  All  such  petitions,  with  the  first  ten  signatures  attached,  shall 
be  filed  with  the  Secretary  not  earlier  than  the  first  Wednesday  of  the  Septem- 
ber before  the  assembling  of  the  Legislature  into  which  they  are  to  be  intro- 
duced, and  the  remainder  of  the  required  signatures  shall  be  filed  not  later 
than  the  first  Wednesday  of  the  following  December. 

Section  3  of  that  part  of  said  Article  XLVIII  under  the  heading  "The 
Referendum.  III.  Referendum  Petitions.'^  is  also  amended  by  striking 
out  the  second  sentence  of  such  section  and  inserting  in  place  thereof  pro- 
visions that  the  Secretary  shall  provide  blanks  for  the  use  of  signers  of  a 
referendum  petition  on  a  law  requesting  that  the  operation  of  such  law  be 
suspended  subseque?it  to  the  first  ten  signers  and  shall  print  at  the  top  of 
each  blank  a  fair,  concise  summary  of  the  proposed  law  as  determined  by 
the  Attorney  General  as  it  will  appear  upon  the  ballot,  together  with  the 
names  and  residences  of  the  first  ten  signers. 

Section  4  of  that  part  of  said  Article  XLVIII  under  the  heading  "The 
Referendum.  III.  Referendum  Petitions." ,  is  also  amended  by  striking 
out  the  third  sentence  of  such  section  and  insertiyig  in  place  thereof  provi- 
sions that  the  Secretary  shall  provide  blanks  for  the  use  of  signers  subse- 


1014  Return  of  Votes,  etc. 

quent  to  the  first  ten  signers  of  a  referendum  petition  asking  for  the  repeal 
of  an  emergency  law  or  of  a  law  ivhich  takes  effect  because  the  referendum 
petition  does  not  contain  a  request  for  suspension,  and  shall  print  at  the 
top  of  each  blank  a  fair,  concise  summary  of  the  proposed  law  as  such 
summary  will  appear  on  the  ballot  together  with  the  names  and  residences 
of  the  first  ten  signers. 

Article  XLVIII  is  further  amended  by  striking  out  subheading  "III. 
Form  of  Ballot"  and  subheading  "IV.  Information  for  Voters"  under 
the  heading  "General  Provisions"  and  inserting  in  place  thereof  new  sub- 
headings  III  and  IV,  ivhich  provide,  respectively: 

III.     Form  of  Ballot. 

A  fair,  concise  summary  of  each  proposed  amendment  to  the  Constitu- 
tion and  each  law  submitted  to  the  people,  as  determined  by  the  Attorney 
General  shall  be  printed  on  the  ballot.  The  Secretary  shall  give  each  ques- 
tion a  number  and  cause  such  question,  except  as  otherwise  authorized  in 
said  article  of  amendment,  to  be  printed  on  the  ballot  in  the  following  form: 

In  the  case  of  an  amendment  to  the  constitution:  Do  you  approve  of 
the  adoption  of  an  amendment  to  the  constitution  summarized  below,  {here 
state,  in  distinctive  type,  whether  approved  or  disapproved  by  the  general 
court,  and  by  what  vote  thereon)?    Yes.  —  No. 

{Set  forth  summary  here.) 

In  the  case  of  a  law:  Do  you  approve  of  a  law  summarized  below,  {here 
state,  in  distinctive  type,  whether  approved  or  disapproved  by  the  general 
court,  and  by  what  vote  thereon)?    Yes.  —  No. 

{Set  forth  summary  here.) 

IV.     Information  for  Voters. 

The  Secretary  shall  print  and  send  to  each  registered  voter  the  full  text 
of  every  measure  to  be  submitted  to  the  people,  together  ivith  a  copy  of  the 
legislative  committee's  majority  and  minority  reports,  with  the  names  of 
the  majority  and  minority  members  and  a  fair,  concise  summary  of  the 
measure  as  such  summary  will  appear  on  the  ballot  and,  in  such  manner 
as  may  be  provided  by  law,  other  arguments  for  and  against  the  measure,  — 
which  proposed  amendment  was  approved  by  the  General  Court  and 
in  a  joint  session  of  the  two  branches  held  July  8,  1941,  received  201 
votes  in  the  affirmative  and  2  in  the  negative,  and  in  a  joint  session 
of  the  two  branches  held  May  12,  1943,  received  214  votes  in  the  affirm- 
ative and  5  in  the  negative,  —  be  approved? 

County  of  Barnstable. 


Cities  and  Towns.  Yes.  No.  Blanks. 


Total 
Ballots. 


Barnstable 1,620 

Bourne 685 

Brewster'.          .......  185 

Chatham 439 

Dennis 406 

Eastham   ........  116 

Falmouth 1,189 


169 

1.940 

3.729 

102 

827 

1,614 

10 

223 

418 

46 

533 

1,018 

62 

581 

1,049 

19 

181 

316 

231 

1,331 

2,761 

Return  of  Votes,  etc. 

County  of  Barnstable  —  Concluded. 


1015 


Cities  and  Towns. 


Yes. 


No. 


Blanks. 


Total 
Ballots. 


Harwich    . 

Mashpee  . 

Orleans 

Provincetown 

Sandwich 

Truro 

Wellfleet   . 

Yarmouth 

Totals 


508 

72 

642 

1,222 

51 

11 

116 

178 

355 

38 

405 

798 

405 

43 

874 

1,322 

285 

31 

372 

688 

118 

19 

173 

310 

143 

20 

324 

487 

474 

64 

547 

1.085 

6.979 


937 


9.069 


16,985 


County  of  Berkshire. 


Adams 

Alford 

Becket 

Cheshire   . 

Clarksburg 

Dalton 

Egremont 

Florida 

Great  Barrington 

Hancock   . 

Hinsdale   . 

Lanesborough 

Lee  . 

Lenox 

Monterey 

Mount  Washington 

New  Ashford 

New  Marlborough 

North  Adams  . 

Otis 

Peru 

PiTTSFIELD 

Richmond 

Sandisfield 

Savov 

Sheffield    . 

Stockbridge 

Tyringham 

Washington 

West  Stockbridge 

Williamstown 

Windsor    . 

Totals 


1.473 

333 

4,189 

5,995 

28 

5 

71 

104 

95 

24 

158 

277 

254 

46 

415 

715 

184 

36 

407 

627 

965 

117 

1,145 

2,227 

133 

13 

170 

316 

50 

17 

105 

172 

1.022 

153 

1,802 

2,977 

56 

8 

108 

172 

203 

34 

331 

568 

276 

41 

333 

650 

687 

75 

1,073 

1,835 

588 

78 

841 

1,507 

91 

8 

75 

174 

21 

5 

11 

37 

23 

2 

19 

44 

140 

19 

254 

413 

2,935 

663 

6,154 

9,752 

80 

12 

105 

197 

15 

6 

36 

57 

10,430 

1,215 

12.053 

23,698 

135 

17 

126 

278 

44 

8 

126 

178 

44 

7 

87 

138 

353 

38 

349 

740 

391 

55 

427 

873 

52 

4 

51 

107 

36 

6 

55 

97 

148 

16 

296 

460 

921 

99 

1,036 

2,056 

32 

2 

80 

114 

21,905 


3,162 


32,488 


57,555 


County  of  Bristol. 


Acushnet  . 

Attleboro 

Berkley     . 

Dartmouth 

Dighton 

Easton 

Fairhaven 

Fall  Rh'er 

Freetown  . 

Mansfield 

New  Bedford 

North  Attleborough 

Norton 

Raynham 

Rehoboth 

Seekonk    . 

Somerset  . 

Swansea    . 

Tauntox 

Westport  . 

Totals 


443 

73 

1,079 

4,173 

512 

5,338 

136 

24 

288 

1,378 

182 

2,251 

329 

67 

779 

1,164 

203 

1,360 

1.885 

289 

2.746 

14,220 

2,073 

30.478 

285 

47 

390 

1,169 

170 

1.822 

16,975 

3,243 

26,462 

1.952 

312 

3,067 

546 

72 

846 

270 

97 

579 

482 

80 

749 

912 

87 

1,057 

1,015 

142 

1,740 

855 

163 

1,339 

5,076 

663 

9,955 

525 

91 

1,179 

53,790 


8,,590 


93,504 


1,595 

10,023 
448 
3,811 
1,175 
2,727 
4,920 

46,771 

722 

3,161 

46,680 
5,331 
1,464 
946 
1,311 
2,056 
2,897 
2,357 

15,694 
1,795 

155,884 


016 


Return  of  Votes,  etc. 

County  of  Dukea  County. 


Cities  and  Towns. 


Yes. 


No. 


Blanks. 


Total 
Ballots. 


r'hilmark  . 
I'^Igartown 
(liiy  Hnjul 
'loKtiold  . 
Oak  Bluffs 
'•'isbury 
West  Tisbury 

Totals 


45 

7 

74 

126 

24,5 

14 

342 

601 

13 

3 

40 

56 

14 

3 

23 

40 

187 

38 

388 

613 

304 

52 

395 

751 

40 

0 

79 

128 

848 


126 


1.341 


2,315 


County  of  Essex. 


Amosbiiry 
Andover    . 
Bkvert^y 
Boxford 
Danvcrs    . 

I'lsSRX 

CJeorRctown 

(iLOnnCHTEU 

(iroveland 
Uamilton 

IfjHwich 

Nawhence 

Lynn 

Lynnfleld 

.Maiiohestcr 

Marblehcad 

Merrimac 

Methuen   . 

Middloton 

Naliant 

Newbury  . 

NiowmiiiYPonT 

North  Andover 

I'eauody  . 

Rockport 

Ilowley 

S\I,KM 

Salisbury  . 
SauKUS 
Swampscntt 
'ror>sfi"'''  • 
Wonliam    . 
West  Newbury 

Totals 


1.833 

273 

2,997 

5,103 

2.807 

382 

2,885 

6,074 

5.362 

1,031 

6,302 

12,695 

220 

33 

19(1 

449 

2.470 

456 

2,810 

5,736 

278 

50 

422 

7.50 

376 

76 

608 

1,060 

3,423 

490 

5,826 

9.739 

362 

91 

()27 

1,080 

5.54 

69 

611 

1.234 

7,700 

1,311 

11,739 

20,759 

1 .065 

163 

1,741 

2,969 

10,6.57 

2,151 

23,430 

36,238 

21,686 

3,276 

22,488 

47,4.50 

871 

100 

720 

1,691 

68() 

89 

712 

1,487 

3,936 

430 

2,796 

7,162 

468 

77 

641 

1,186 

3,.506 

608 

6,406 

10,520 

301 

54 

440 

795 

632 

80 

510 

1,222 

.340 

46 

4.59 

845 

2,120 

.502 

4,212 

6,834 

1,616 

238 

2,361 

4,215 

3,245 

556 

5,434 

9,235 

716 

103 

1,148 

1,967 

28(1 

55 

479 

820 

7,866 

1  ,.{65 

10,924 

20,1.55 

357 

109 

721 

1,187 

3,.36l 

484 

3,394 

7,239 

3,738 

381 

2.246 

6,365 

286 

42 

2.57 

585 

388 

57 

.349 

794 

235 

39 

426 

700 

93,756 


16,267 


127,317 


236,340 


County  of  Franklin. 


AHlificM     . 

Uortiardston 

Kuckland 

( 'liarloniont 

("olniin 

('on  way     . 

Deerfield  . 

lOrvinE 

(!ili 

(Iroonfiold 

llawloy 

Heath 

lycverott    . 

liCyden 

IVfoiiroo 

MontiiKUc 

Now  Siilciii 

Nortlifuad 

( )rango 

Howe 

Sliolburnc 

.SliuleHl)ury 

Sunderland 

Warwick   . 

Wendoll     . 

Whately    . 

Totals 


150 

26 

231 

416 

181 

33 

229 

443 

238 

66 

494 

788 

126 

28 

192 

346 

222 

53 

.341 

616 

158 

23 

227 

408 

576 

78 

607 

1.261 

164 

22 

333 

519 

167 

21 

236 

424 

3.612 

580 

3,970 

8,162 

29 

1 

49 

79 

36 

11 

68 

115 

82 

14 

106 

202 

38 

4 

77 

119 

32 

2 

46 

80 

1,149 

21(i 

2,044 

3,409 

t'>6 

12 

103 

181 

4.58 

52 

403 

013 

837 

153 

1.670 

2.560 

38 

5 

51 

94 

382 

51 

472 

905 

35 

9 

40 

84 

144 

35 

216 

395 

74 

15 

92 

181 

51 

11 

83 

145 

1.39 

26 

271 

436 

9,193 


1,537 


12,551 


23,281 


Return  of  Votes,  etc. 

County  of  Hampden. 


1017 


Cities  and  Towns. 


Yos. 


No. 


Blanks. 


Total 
BiUlots. 


Aficawani    . 
Blandford 
Brimfield  . 
Chester 
Chicoi'ke 
East  LoiiKiiiead 
Ciraiivillc 
Ilaiiipden 
Holland     . 

Hoi.YOKK 

Lonnnieadow 

Ludlow 

Monson 

MontRomery 

Palnior 

Russell 

Southwick 

Springfield 

Tolland     . 

Wales 

West  Springfield 

Wkstkikld 

Wilbrahain 

Totals 


1,564 

106 

190 

188 

7.230 

820 

116 

261 

,')4 

W.-'JlS 

2,281 

1,444 

695 

22 

1,388 

241 

351 

33.538 

14 

61 

4,167 

4,101 

828 

70,178 


10,428 


1,787 
1.33 
247 

a.'js 

10.814 

•1.80 

I'M) 

■270 

(■)() 

It, 142 

1,1. IS 

1.71!) 

1.081 

27 

2, .WO 

277 

328 

.■53 ,648 

28 

112 

3,.')44 

4,234 

712 

78,373 


3,569 

267 

4()9 

.'■)71 

20,002 

1,914 

322 

5()9 

13.5 

27,123 

3.639 

3.399 

1.861 

64 

4.136 

.5,')0 

712 

70,740 

43 

179 

8,206 

8,896 

1,613 

158,979 


County  of  Hanxpshire. 


Amherst    . 

Bolchcitown 

riicst.Tlirl.l 

Cuniininnton 

Easthanipton 

Goshen 

Gran  by 

Hadlev 

Hatfield     . 

HuntinRton 

Middlefield 

NOUTIIAMI'TON 

Pelhani 

Plainfiel.l 

South  Iladlcy 

Southampton 

Ware 

Westhaiupton 

WilHanisburK 

Wortliinnton 

Totals 


1,877 

214 

1,214 

3,305 

.396 

65 

615 

1,076 

60 

12 

125 

197 

114 

12 

1.39 

265 

1,772 

2.'»4 

2,742 

4,768 

66 

(> 

66 

138 

258 

53 

246 

,557 

444 

.1.') 

524 

1,023 

314 

37 

604 

955 

201 

34 

374 

609 

33 

S 

62 

103 

4,982 

674 

5,486 

11,142 

84 

10 

136 

230 

32 

7 

72 

111 

1,792 

265 

1 .602 

.3,6,59 

224 

36 

213 

503 

1,029 

147 

2.3.50 

3, .526 

88 

(■) 

78 

172 

411 

36 

4.53 

900 

61 

11 

115 

187 

14,238 


1,942 


17,246 


33,426 


County  of  Middlesex. 


Acton 

ArliuKton 

Ashby 

Ashland 

Aver 

Bedfoni     . 

Belmont 

Billeriea     . 

BoxborouRli 

Burlington 

('AMHUinOE 

Carlisle 
Chelmsford 
Concord    . 
Dracut 
Dunstable 

EVEIIKTT    . 

KraniiiiKhant 
CJroton 
Holliston  . 
Hopkinton 
Hudson 


681 

78 

676 

1,435 

11,247 

1,.385 

8,427 

21,0.59 

202 

24 

253 

479 

634 

94 

710 

1,438 

,561 

68 

801 

1,430 

562 

57 

513 

1,132 

8,312 

905 

5,297 

14,511 

1,493 

217 

1,670 

3,380 

91 

10 

80 

181 

378 

()6 

616 

1,01)0 

21, ,583 

2,410 

23.329 

47.322 

178 

9 

162 

.349 

1,667 

242 

2.f)43 

3,052 

2,082 

241 

1,411 

3.73t 

902 

221 

1.967 

3,000 

56 

8 

110 

174 

8,360 

1,131 

10,492 

19,98.3 

4,504 

826 

5,256 

10„586 

591 

.59 

688 

1 ,338 

7.54 

75 

759 

1 ,588 

680 

87 

754 

1,.521 

1,314 

190 

2,066 

3,570 

1018 


Return  of  Votes,  etc. 

County  of  Middlesex  —  Concluded. 


Cities  and  Towns. 


Yes. 


No. 


Blanks. 


Total 
Ballots. 


Lexington 

Lincoln 

Littleton  . 

Lowell 

Malden   . 

Mahlborouoh 

Maynard  . 

Medford 

Melrose 

Natick 

Newton   . 

North  Reading 

Pepperell  . 

Reading    . 

Sherborn  . 

Shirley 

Somerville 

Stoneham 

Stow 

Sudbury    . 

Tewksbury 

Townsend 

Tvngsborough 

Wakefield 

Waltham 

Watertown 

Wayland 

Westford  . 

Weston 

Wilmington 

Winchester 

WOBURN    . 

Totals 


3.714 

340 

2,279 

600 

66 

361 

352 

38 

441 

14,956 

2,912 

25,104 

11,862 

1,452 

13.648 

2,602 

525 

4,501 

1,210 

140 

1,900 

13,559 

1,872 

14.721 

9,158 

763 

4,865 

3,241 

530 

3,688 

23,927 

1,843 

14,055 

555 

88 

693 

503 

60 

744 

3,507 

544 

2,146 

243 

30 

240 

362 

43 

551 

18,477 

2,655 

21,703 

2,804 

384 

2,457 

291 

27 

297 

488 

63 

418 

668 

78 

827 

419 

60 

493 

271 

44 

378 

4,387 

430 

4,057 

8,880 

983 

9,059 

8,807 

973 

7,494 

951 

122 

833 

499 

69 

1,022 

1,805 

78 

513 

807 

133 

1.105 

4,651 

450 

2.825 

3,623 

637 

4,351 

215,011 


26,835 


215,849 


6.333 

1.027 

831 

42.972 

26,962 

7,628 

3,250 

30.152 

14.786 

7.459 

39,825 

1.336 

1.307 

6,197 

513 

956 

42.835 

5,645 

615 

969 

1.573 

972 

693 

8.874 

18,922 

17,274 

1,906 

1,590 

2.396 

2,045 

7.926 

8,611 

457,695 


County  of  Nantucket. 


Nantucket 


385 


63 


935 


1,383 


County  of  Norfolk. 


Avon         ........             455 

74 

665 

1,194 

Bellingham 

440 

84 

969 

1,493 

Braintree 

5.148 

536 

3,905 

9,589 

Brookline 

15.970 

1.651 

12,140 

29,761 

Canton 

1.424 

197 

1,629 

3,250 

Cohasset  . 

892 

101 

845 

1,838 

Dedham    . 

3.902 

484 

3,572 

7,958 

Dover 

515 

40 

262 

817 

Foxborough 

1,110 

124 

1.218 

2,452 

Franklin    . 

1,082 

169 

2,085 

3.336 

Holbrook 

795 

137 

940 

1.872 

Medfield   . 

565 

56 

630 

1.251 

Medway   . 

596 

120 

847 

1.563 

MiUis 

438 

82 

588 

1,108 

Milton 

6,705 

698 

4,388 

11,791 

Needham 

4,424 

330 

2,856 

7.610 

Norfolk     . 

314 

48 

335 

697 

Norwood  . 

3,210 

470 

3,417 

7.097 

Plainville  . 

377 

37 

490 

904 

QUINCY 

18,562 

2,495 

15,642 

36,699 

Randolph 

1,433 

216 

1,879 

3,528 

Sharon 

1.125 

160 

870 

2,155 

Stoughton 

1.757 

246 

1,924 

3,927 

Walpole     . 

1.780 

221 

1,711 

3,712 

Wellesley  . 

5.545 

1,002 

2,490 

9,037 

Westwood 

1.196 

185 

961 

2,342 

Weymouth 

5.985 

640 

5,806 

12,431 

Wrentham 

629 

67 

636 

1,332 

Totals 

• 

86.374 

10,670 

73,700 

170,744 

Return  of  Votes, 

County  of  Plymouth. 


ETC. 


1019 


Cities  and  Towns. 


Yes. 


No. 


Blanks. 


Total 
Ballots. 


Abington  . 

Bridgewater 

Brockton 

Carver 

Duxbury  . 

East  Bridgewater 

Halifax 

Hanover   . 

Hanson 

Hingham  . 

Hull 

Kingston  . 

Lakeville  . 

Marion 

Marshfield 

Mattapoisett 

Middleborough 

Norwell     . 

Pembroke 

Plymouth 

Plympton 

Rochester 

Rockland 

Scituate    . 

Wareham 

West  Bridgewater 

Whitman 

Totab 


1,367 

180 

1,521 

3,068 

1,039 

128 

1,562 

2,729 

12,503 

1,858 

16,102 

30,463 

159 

50 

272 

481 

702 

100 

620 

1,422 

721 

76 

979 

1,776 

192 

31 

188 

411 

559 

56 

628 

1,243 

489 

60 

594 

1,143 

2,558 

239 

1,832 

4,629 

733 

92 

915 

1,740 

479 

46 

763 

1,288 

297 

30 

401 

728 

439 

70 

451 

960 

710 

65 

605 

1,380 

318 

50 

535 

903 

1,620 

258 

2,183 

4,061 

526 

90 

454 

1,070 

421 

50 

432 

903 

2,093 

219 

3.489 

5,801 

95 

9 

143 

247 

154 

33 

245 

432 

1,538 

213 

2,103 

3,854 

1,125 

121 

1,323 

2,569 

1,040 

236 

1,445 

2,721 

706 

100 

744 

1,550 

1,624 

234 

2,255 

4,113 

34,207 


4,694 


42,784 


81,685 


County  of  Sufiolk. 


Boston 144,246 

Chelsea  ........  5,063 

Revere    ........  5,921 

Winthrop 4,407 


Totals 


159,637 


22,477 

,177,090 

343,813 

882 

10,488 

16,433 

908 

8,337 

15,166 

554 

4,278 

9,239 

24,821 


200,193 


384,651 


County  of  Worcester. 


Ashburnham 

Athol 

Auburn 

Barre 

Berlin 

Blackstone 

Bolton 

Boylston 

Brookfield 

Charlton 

Clinton 

Douglas 

Dudley 

East  Brookfield 

FlTCHBURQ 

Gardner 
Grafton     . 
Hard  wick 
Harvard    . 
Holden 
Hopedale  . 
Hubbardston 
Lancaster 
Leicester  . 
Leominster 
Lunenburg 
Mendon    . 
Milford     . 
Millbury   . 
MiUville    . 
New  Braintree 
North  Brookfield 
Northborough    . 


466 

67 

487 

1,020 

2,051 

343 

2,746 

5,140 

1,522 

262 

1,652 

3,436 

503 

66 

867 

1,436 

277 

32 

248 

557 

666 

143 

1,307 

2,116 

186 

25 

158 

369 

281 

40 

259 

580 

270 

37 

332 

639 

439 

61 

604 

1,104 

1,722 

945 

3,648 

6,315 

494 

102 

510 

1.106 

688 

125 

1,213 

2,026 

147 

36 

245 

428 

8,606 

1,434 

9,392 

19,332 

3,112 

536 

4.822 

8,470 

1,082 

173 

1,797 

3,052 

256 

51 

606 

913 

281 

60 

214 

555 

1,243 

153 

896 

2,292 

776 

91 

822 

1,689 

190 

21 

227 

438 

602 

85 

536 

1,223 

926 

129 

1,108 

2,163 

4,195 

682 

5,328 

10,205 

583 

61 

539 

1,183 

310 

44 

346 

700 

1,776 

321 

4,465 

6,551 

1,206 

265 

1.952 

3,423 

188 

38 

571 

797 

67 

8 

100 

175 

528 

84 

729 

1,341 

679 

78 

628 

1,286 

1020 


Return  of  Votes,  etc. 

County  of  Worcester  —  Concluded. 


Cities  and  Towns. 


Yes. 


No. 


Blanks. 


Total 
Ballots. 


Northbridge 

Oakham    . 

Oxford 

Paxton 

Petersham 

Phillipstoti 

Princeton 

Uoyalston 

ilutland     . 

Shrewsbury 

Southborough 

Southbridgc 

Spencer 

Sterling 

Sturbridge 

Sutton 

Templeton 

Upton 

Uxbridge  . 

Warren 

Webster 

West  Boylston 

West  Brookfield 

Westborough 

Westminster 

Wiiichendon 

WOKCESTEB 

Totals 


2,184 

341 

2,219 

4,744 

72 

15 

119 

206 

772 

165 

1,079 

2,016 

238 

27 

180 

445 

193 

28 

172 

393 

56 

19 

124 

199 

151 

63 

184 

.398 

131 

19 

156 

306 

321 

48 

321 

690 

1,068 

232 

1,610 

3,810 

529 

67 

475 

1,071 

2,714 

493 

4,695 

7,902 

1,0,58 

191 

1,912 

3.161 

451 

60 

378 

889 

349 

59 

579 

987 

448 

87 

583 

1,118 

684 

96 

869 

1,649 

470 

62 

635 

1,167 

1,141 

220 

1,731 

3.092 

585 

82 

899 

1,566 

2,146 

460 

3,909 

6.515 

567 

52 

443 

1,062 

311 

37 

359 

707 

1,258 

127 

1,024 

2,409 

348 

54 

368 

770 

927 

195 

1,290 

2,412 

38,358 

5,548 

42,397 

86,303 

94,647 


15,445 


117,954 


228,046 


AffKregate  of  Votes. 


Counties.                                          Yes. 

No. 

Blanks. 

Total 
Ballots. 

BaknstahIjE      .......          6,979 

937 

9,069 

16,985 

Berkshire 

21,905 

3,162 

32,488 

57,555 

Bristol    . 

53,790 

8,590 

93,504 

155,884 

Dukes  County 

848 

126 

1,341 

2,315 

Essex 

93,756 

15,267 

127,317 

236,340 

Franklin 

9,193 

1,537 

12,551 

23,281 

Hami'den 

70,178 

10,428 

78,373 

158,979 

Hami'shire 

14,238 

1,942 

17,246 

33,426 

MlDDLESEK 

215,011 

26,835 

215,849 

457,695 

Nantucket 

385 

63 

935 

1,383 

Norfolk  , 

86,374 

10,670 

73,700 

170,744 

Plymouth 

34,207 

4,694 

42,784 

81,685 

Suffolk   . 

159,637 

24,821 

200,193 

384,651 

Worcester 

94,647 

15,445 

117,954 
1,023,304 

228,046 

Totals 

861,148 

124,517 

2,008,969 

Return  of  Votes,  etc. 


1021 


Return  of  votes  on  question  no.  2,  being  a  legislative  amendment 
TO  the  constitution,  submitted  under  the  provisions  of  article 

XLVIII  OF  THE  amendments  TO  THE  CONSTITUTION  TO  THE  VOTERS 
OF  THE  COMMONWEALTH  AT  THE  STATE  ELECTION  HELD  NOVEMBER 
7,  1944. 

Question  No.  2  —  Proposed  Amendment  to  the  Constitution. 

Shall  an  amendment  to  the  constitution  to  provide  that  the  General  Court 
may  prescribe  the  terms  and  conditions  under  which  pardons  of  offences 
which  are  felonies  may  be  granted  which  is  further  described  as  follows:  — 

This  article  of  amendment  to  the  Co?istitution  of  Massachusetts  annuls 
Article  VIII  of  Section  1  of  Chapter  II  of  Part  the  Second  of  the  Consti- 
tution, which  vested  the  Governor,  by  and  with  the  advice  of  Council,  witJi 
the  full  and  unrestricted  power  of  pardoning  offences  of  which  a  person  is 
convicted,  except  such  as  persons  may  be  convicted  of  before  the  Senate  by 
an  impeachment  of  the  House,  and  adopts  a  new  Article  VIII  in  place 
thereof. 

This  new  Article  VIII  vests  the  pardoning  power  in  the  Governor,  by 
and  with  the  advice  of  the  Council,  but  provides  further  that  if  the  offence 
to  be  pardoned  is  a  felony  the  Legislature  shall  have  power  to  prescribe  the 
terms  and  conditions  upon  which  a  pardon  may  be  granted. 

The  new  Article  VIII  contains  the  same  provision  as  the  old  with  rela- 
tion to  the  ineffectiveness  of  pardons  granted  before  a  conviction,  —  which 
proposed  amendment  was  approved  by  the  General  Court  and  in  a 
joint  session  of  the  two  branches  held  July  8,  1941,  received  199  votes 
in  the  affirmative  and  1  in  the  negative,  and  in  a  joint  session  of  the 
two  branches  held  May  12,  1943,  received  198  votes  in  the  affirmative 
and  0  in  the  negative,  —  be  approved? 

County  of  Barnstable. 


Cities  and  Towns. 


Yes. 


No. 


Blanks. 


Total 
Ballots. 


Barnstable 

Bourne 

Brewster 

Chatham 

Dennis 

Eastham 

Falmouth 

Harwich 

Mashpee 

Orleans 

Provincetown 

Sandwich 

Truro 

Wellfleet   . 

Yarmouth 

Totals 


1,371 

578 

1,780 

3,729 

519 

281 

814 

1,614 

136 

75 

207 

41S 

404 

133 

481 

1,018 

354 

157 

538 

1,049 

113 

38 

165 

310 

944 

477 

1,330 

2,751 

434 

205 

583 

1,222 

58 

8 

112 

178 

305 

127 

366 

798 

348 

167 

807 

1,322 

227 

123 

338 

688 

112 

44 

154 

310 

129 

53 

305 

487 

435 

152 

498 

1,085 

5,889 


2,618 


8,478 


16,985 


County  of  Berkshire. 


Adams 

Alford 

Becket 

Cheshire    . 

Clarksburg 

Dalton 

Egremont 


.313 

497 

4,185 

5,995 

22 

8 

74 

104 

84 

39 

154 

277 

233 

91 

391 

715 

159 

62 

406 

627 

820 

343 

1,064 

2,227 

125 

39 

152 

316 

1022 


Return  of  Votes,  etc. 

County  o(  Berkshire  —  Concluded. 


Cities  and  Towns. 


Yes. 


No. 


Blanks. 


Total 
Ballots. 


Florida      . 

Great  Barrington 

Hancock   . 

Hinsdale   . 

Lanesborough    . 

Lee  . 

Lenox 

Monterey 

Mount  Washington 

New  Ashford 

New  Marlborough 

North  Adams  . 

Otis 

Peru 

PiTTSFIELD 

Richmond 
Sandisfield 
Savoy 
Sheffield    . 
Stockbridge 
Tyringham 
Washington 
West  Stockbridge 
Williamstown     . 
Windsor    . 

Totals 


49 

27 

96 

172 

913 

366 

1,698 

2,977 

44 

30 

98 

172 

164 

71 

333 

56S 

234 

114 

302 

650 

570 

205 

1,060 

1,835 

473 

254 

780 

1,507 

71 

26 

77 

174 

9 

19 

9 

37 

8 

19 

17 

44 

120 

37 

256 

413 

2.644 

1,104 

6,004 

9,752 

78 

26 

93 

197 

13 

7 

37 

57 

8,310 

3,930 

11,458 

23,698 

107 

44 

127 

278 

51 

12 

115 

178 

32 

9 

97 

138 

308 

83 

349 

740 

326 

143 

404 

873 

41 

25 

41 

107 

30 

18 

49 

97 

129 

45 

286 

460 

705 

367 

984 

2,056 

35 

9 

70 

114 

18,220 


8,069 


31,266 


57,555 


County  of  Bristol. 


Acushnet  . 

Attleboro 

Berkley     . 

Dartmouth 

Dighton    . 

Easton 

Fairhaven 

Fall  River 

Freetown 

Mansfield 

New  Bedford 

North  Attleborough 

Norton 

Raynham 

Renoboth 

Seekonk    . 

Somerset  . 

Swansea 

Taunton 

Westport  . 

Totals 


435 

124 

1,036 

1,595 

3,632 

1,440 

4,951 

10,023 

131 

47 

270 

448 

1,094 

423 

2,294 

3,811 

433 

121 

621 

1,175 

940 

498 

1,289 

2,727 

1,642 

630 

2,648 

4,920 

13,125 

4,288 

29,358 

46,771 

240 

98 

384 

722 

944 

515 

1,702 

3,161 

15,350 

4,841 

26,489 

46,680 

1,688 

658 

2,985 

5,331 

502 

201 

761 

1,464 

261 

122 

563 

946 

444 

138 

729 

1,311 

891 

152 

1,013 

2,056 

925 

343 

1,629 

2,897 

783 

267 

1,307 

2,357 

3,932 

2,009 

9,753 

15,694 

425 

173 

1,197 

1,795 

47,817 


17,088 


90,979 


155,884 


County  of  Dukes  County. 


Chilmark  . 
Edgartown 
Gay  Head 
Gosnold  . 
Oak  Bluffs 
Tisbury 
West  Tisbury 

Totals 


41 

15 

70 

126 

202 

68 

331 

601 

14 

4 

38 

56 

11 

7 

22 

40 

180 

59 

374 

613 

266 

110 

375 

761 

26 

27 

75 

128 

740 


290 


1,285 


2,315 


County  of  Essex. 


Amesbury 
Andover  . 
Beverly  . 
B oxford  . 
Danvers  . 
Essex 


1,595 

774 

2,734 

5.103 

1,931 

1,359 

2.784 

6.074 

3,861 

3,014 

5,820 

12.695 

154 

108 

187 

449 

1,751 

1,314 

2,671 

5.736 

213 

142 

395 

750 

Return  of  Votes,  etc. 

County  of  Essex  —  Concluded. 


1023 


Cities  and  Towns. 


Georgetown 

Gloucester 

Groveland 

Hamilton 

Haverhill 

Ipswich 

Lawrence 

Lynn 

Lynnfield 

Manchester 

Marblehead 

Merrimac 

Methuen  . 

Middleton 

Nahant 

Newbury  . 

Newburyfort 

North  Andover 

Peabody  . 

Roekport 

Rowley 

Salem 

Salisbury  . 

Saugus 

Swampscott 

Topsfield  . 

Wenham  . 

West  Newbury 

Totals 


Yes. 


306 

2.903 

298 

358 

6,409 

790 

9,719 

17,690 

539 

441 

2,427 

444 

2,844 

264 

433 

246 

1,568 

1,238 

2,537 

620 

233 

6,225 

308 

2,673 

2,429 

177 

263 

166 

74,053 


No. 


186 

1,299 
190 
272 

3,495 
489 

4,485 

9,092 
516 
354 

2,103 
192 

1.368 
144 
287 
187 

1,221 
691 

1,523 
332 
135 

3,670 
212 

1,581 

1,847 
171 
202 
118 

43,073 


Blanks. 


568 

5,537 

592 

604 

10,855 

1,690 

22,034 

20,668 

636 

692 

2,632 

550 

6,308 

387 

502 

412 

4,045 

2,286 

5,175 

1,015 

452 

10,260 

667 

2,985 

2,089 

237 

329 

416 

119,214 


Total 
Ballots. 


1,060 

9,739 

1,080 

1,234 

20,759 

2,969 

36,238 

47,450 

1,691 

1,487 

7,162 

1,186 

10,520 

795 

1,222 

845 

6,834 

4,215 

9,235 

1,967 

820 

20,155 

1,187 

7,239 

6,365 

585 

794 

700 

236.340 


County  of  Franklin. 


Ashfield 

Bernardston 

Buckland 

Charlemont 

Colrain 

Conway 

Deerfield 

Erving 

Gill 

Greenfield 

Hawley 

Heath 

Leverett 

Leyden 

Monroe 

Montague 

New  Salem 

Northfield 

Orange 

Rowe 

Shelburne 

Shutesbury 

Sunderland 

Warwick  . 

Wendell    . 

Whately    . 

Totals 


133 

49 

234 

416 

170 

40 

233 

443 

221 

91 

476 

788 

117 

42 

187 

346 

189 

76 

351 

616 

134 

46 

228 

408 

515 

156 

590 

1,261 

155 

46 

318 

519 

114 

76 

234 

424 

3,244 

968 

3,950 

8,162 

20 

6 

53 

79 

41 

10 

64 

115 

81 

15 

106 

202 

33 

8 

78 

119 

35 

5 

40 

80 

1,068 

363 

1,978 

3,409 

51 

31 

99 

181 

353 

183 

377 

913 

685 

315 

1,560 

2,560 

30 

15 

49 

94 

288 

155 

462 

905 

25 

14 

45 

84 

151 

54 

190 

395 

52 

31 

98 

181 

37 

18 

90 

145 

137 

37 

262 

436 

8,079 


2,850 


12,352 


23,281 


County  of  Hanxpden. 


Agawam    . 

Blandford 

Brimfield  . 

Chester 

Chicopee 

East  Longmeadow 

Granville  . 

Hampden 

Holland     . 

HOLYOKE 

Longmeadow 


1,381 
107 
160 
143 

6,709 

794 

93 

245 

47 

7,925 

1,725 


416 

1,772 

33 

127 

76 

233 

74 

354 

2,982 

10.311 

252 

868 

42 

187 

74 

250 

30 

58 

5,976 

13,222 

862 

1,052 

3,569 

267 

469 

571 

20,002 

1,914 

322 

569 

135 

27,123 

3,639 


1024 


Return  of  Votes,  etc. 

County  of  Hampden  —  Concluded. 


Cities  and  Towns. 


Yes. 


No. 


Blanks. 


Total 
Ballots. 


Ludlow 

Monson     . 

Montgomery 

Palmer 

Russell 

Southwick 

Sl'RINGFIELD 

Tolland 
Wales         . 
West  Springfield 
Westfield 
Wilbraham 

Totals 


1,350 

367 

1,682 

3,399 

593 

251 

1,017 

1,861 

16 

15 

33 

64 

1,241 

457 

2,438 

4,136 

185 

93 

272 

550 

271 

106 

335 

712 

30,433 

9,494 

30,813 

70,740 

13 

1 

29 

43 

48 

16 

115 

179 

3,716 

1,241 

3,249 

8,206 

3,421 

1,528 

3,947 

8,896 

648 

282 

683 

1,613 

24,668 


73,047 


158,979 


County  of  Hampshire. 


Amherst    . 

Belchertown 

Chesterfield 

Cummington 

Easthampton 

Goshen 

Granby 

Hadley 

Hatfield     . 

Huntington 

Middlefield 

NORTHAMI'TON 

Pelham 
Plainfield  . 
South  Hadley 
Southampton 
Ware 

Westhampton 
Williamsburg 
Worthington 

Totals 


1,455 

708 

1,142 

3,305 

328 

148 

GOO 

1,076 

45 

25 

127 

197 

95 

39 

131 

265 

1,557 

618 

2,593 

4,768 

64 

17 

57 

138 

204 

115 

238 

557 

384 

145 

494 

1,023 

294 

83 

578 

955 

168 

92 

349 

609 

24 

16 

63 

103 

3,866 

2,131 

5,145 

11,142 

67 

28 

135 

230 

37 

8 

66 

111 

1,235 

960 

1,464 

3,659 

178 

92 

233 

503 

901 

340 

2,285 

3,526 

67 

25 

80 

172 

323 

155 

422 

900 

51 

24 

112 

187 

11,343 


5,769 


33,426 


County  of  Middlesex. 


Acton 

Arlington 

Ashby 

Ashland 

Ayer 

Bedford 

Belmont 

Billerica 

Boxborough 

Burlington 

Cambridge 

Carlisle 

Chelmsford 

Concord    . 

Dracut 

Dunstable 

E\ ERETT    . 

Framingham 

Groton 

Holliston  . 

Hopkinton 

Hudson 

Lexington 

T.,incoln 

Littleton   . 

Lowell    . 

Malden    . 

Marlborough 

Maynard  . 

Medford 

Melrose 

Natick 


476 

344 

615 

1,435 

7,504 

6,118 

7,437 

21,059 

156 

105 

218 

479 

446 

326 

666 

1,438 

485 

214 

731 

1,430 

398 

280 

454 

1,132 

4,552 

5,265 

4,697 

14,514 

1,311 

536 

1,533 

3,380 

53 

52 

76 

181 

359 

125 

576 

1,060 

15,422 

10,962 

20,938 

47,322 

132 

77 

140 

349 

1,401 

649 

1,902 

3,952 

1,220 

1,216 

1,298 

3,734 

890 

351 

1,849 

3,090 

35 

29 

110 

174 

6,972 

3,923 

9,088 

19,983 

3,591 

2,229 

4,766 

10,586 

429 

287 

622 

1,338 

452 

419 

717 

1,588 

488 

316 

717 

1,521 

967 

682 

1,921 

3,570 

2,252 

2,125 

1,956 

6,333 

299 

411 

317 

1,027 

267 

171 

393 

831 

13,960 

6,078 

22,934 

42.972 

8,590 

5,950 

12,422 

26.962 

2,140 

1,288 

4,200 

7,628 

964 

631 

1,755 

3,250 

9,629 

7,290 

13.233 

30,152 

4,586 

5,871 

4,329 

14,786 

2,232 

1,892 

3,335 

7,459 

Return  of  Votes,  etc. 

County  of  Middlesex  —  Concluded. 


1025 


Cities  and  Towns. 


Yes. 


No. 


Blanks. 


Total 
Ballots. 


Newton  . 
North  Reading 
Pepperell  . 
Reading 
Sherborn  . 
Shirley 

SOMERVILLE 

Stonehaiii 

Stow 

Sudbury 

Tewksbury 

Townsend 

Tyngsborough 

Wakefield 

Waltham 

Watertown 

Wayland  . 

Westford  . 

Weston 

Wilmington 

Winchester 

WOBURN    . 

Totals 


13,886 

13,865 

12,074 

39,825 

461 

275 

600 

1,336 

420 

205 

682 

1,.307 

2,165 

1.939 

2,093 

6,197 

158 

132 

223 

513 

279 

165 

512 

956 

13,937 

9,188 

19,710 

42.835 

1,925 

1,472 

2,248 

5,645 

193 

157 

265 

615 

333 

238 

398 

969 

541 

223 

809 

1..573 

299 

181 

492 

972 

235 

119 

339 

693 

2,671 

2, .394 

3,809 

8,874 

6,867 

4,199 

7,856 

18,922 

6,369 

4.254 

6,651 

17,274 

685 

454 

767 

1,906 

436 

206 

948 

1,590 

601 

1,357 

438 

2,396 

656 

374 

1,015 

2,045 

2,606 

2,817 

2,503 

7,926 

2,837 

1,776 

3,998 

8,611 

151,218 


112,102 


194.375 


457.695 


County  of  Nantucket. 


Nantucket 


915 


1,383 


County  of  Norfolk. 


Avon 

Bellingham 
Braintree 
Brookline 
Canton 
Cohasset  . 
Dedham    . 
Dover 
Fo.xborough 
Franklin    . 
Holbrook  . 
Medfield   . 
Med  way    . 
Miliis 
Milton 
Needham 
Norfolk     , 
Norwood  . 
Plainville  . 

QUINCY 

Randolph 

Sharon 

Stoughton 

Walpole     . 

Wellesley 

Westwood 

Weymouth 

Wrentham 

Totals 


.391 

156 

647 

1,194 

367 

164 

962 

1,493 

3,692 

2,377 

3,.520 

9„589 

9,379 

8,869 

11,513 

29,761 

1,065 

725 

1,460 

3,250 

490 

519 

829 

1,838 

2,6.59 

2,072 

3,227 

7,9.58 

267 

308 

242 

817 

894 

433 

1.125 

2,452 

973 

419 

1,944 

3,336 

645 

339 

888 

1,872 

397 

283 

571 

1,251 

484 

305 

774 

1,.563 

308 

257 

.'543 

1,108 

3.399 

4,520 

3,872 

11,791 

2.381 

2,603 

2,626 

7,610 

266 

149 

282 

697 

2.457 

1,412 

3,228 

7.097 

287 

147 

470 

904 

13.688 

8,.547 

14,464 

36,699 

1,111 

659 

1,7.58 

3,528 

733 

616 

806 

2,155 

1,462 

642 

1 ,823 

3.927 

1,395 

786 

1,.531 

3,712 

2,763 

4,042 

2,232 

9,037 

689 

798 

8.55 

2,342 

4,441 

2,643 

5,347 

12,431 

464 

306 

562 

1,332 

57,547 


45,096 


68,101 


170,744 


County  of  Plymouth. 


Abitigton  . 

Bridgewater 

Brockton 

Carver 

Duxbury   . 

East  Bridgewater 

Halifax 

Hanover    . 


1,078 

5.53 

1,437 

3,068 

843 

443 

1,443 

2,729 

0,590 

4.956 

14,917 

30,463 

132 

59 

290 

481 

4.52 

360 

610 

1,422 

621 

284 

871 

1,776 

149 

68 

194 

411 

427 

251 

565 

1,243 

1026 


Return  of  Votes,  etc. 

County  of  Plymouth  —  Concluded. 


Cities  and  Towns. 


Yes. 


No. 


Blanks. 


Total 
Ballots. 


Hanson     . 

Hingham  . 

Hull 

Kingston  . 

Lakeville  . 

Marion 

Marshfield 

Mattapoisett 

Middleborough 

Norwell     . 

Pembroke 

Plymouth 

Plympton 

Rochester 

Rockland 

Scituate    . 

Wareham 

West  Bridgewater 

Whitman 

Totals 


378 

167 

598 

1,143 

1,623 

1,376 

1,630 

4.629 

529 

387 

824 

1,740 

398 

194 

696 

1,288 

257 

100 

371 

728 

382 

152 

426 

960 

494 

333 

553 

1.380 

269 

124 

510 

903 

1,380 

621 

2,060 

4.061 

362 

256 

452 

1.070 

344 

188 

371 

903 

1.699 

770 

3.332 

5,801 

54 

49 

144 

247 

150 

71 

211 

432 

1,210 

620 

2.024 

3.854 

696 

662 

1,211 

2,569 

945 

392 

1,384 

2,721 

671 

264 

615 

1.550 

1,342 

656 

2.115 

4,113 

27,475 


14,356 


39,854 


81,686 


County  of  Suffolk. 


Boston     . 

Chelsea  . 
Revere  . 
Winthrop 

Totals 


105,808 

73,138 

164,867 

343.813 

4,539 

2,283 

9,611 

16,433 

4,812 

2,669 

7,685 

15.166 

2,901 

2,432 

3,906 

9.239 

118,060 


80,522 


186,069 


384,651 


County  of  Worcester. 


Ashburnham 

Athol 

Auburn 

Barre 

Berlin 

Blacks  tone 

Bolton 

Boylston 

Brookfield 

Charlton 

Clinton 

Douglas 

Dudley 

East  Brookfield 

Fitch BURO 

Gardner 

Grafton     . 

Hardwick 

Harvard    . 

Holden 

Hopedale 

Hubbardston 

Lancaster 

Leicester  . 

Leominster 

Lunenburg 

Mendon    . 

Mil  ford     . 

Millbury  . 

Millville    . 

New  Braintree 

North  Brookfield 

Northborough 

Northbridge 

Oakham    . 

Oxford      . 

Paxton 

Petersham 

Phillipston 

Princeton 

Royalston 

Rutland    . 


333 

210 

477 

1,020 

1,513 

908 

2.719 

5.140 

1.003 

938 

1.495 

3,436 

374 

235 

827 

1,436 

169 

150 

238 

557 

698 

181 

1,237 

2.116 

124 

87 

158 

369 

159 

178 

243 

580 

195 

141 

303 

639 

333 

218 

553 

1.104 

2,099 

372 

3.844 

6.315 

350 

291 

465 

1.106 

540 

283 

1,203 

2.026 

102 

91 

235 

428 

6,056 

4.421 

8.855 

19,332 

2,463 

1.343 

4,664 

8.470 

700 

614 

1,738 

3,052 

255 

104 

554 

913 

180 

168 

207 

655 

798 

658 

836 

2.292 

610 

357 

722 

1,689 

140 

76 

222 

438 

393 

291 

539 

1.223 

576 

509 

1,078 

2.163 

3,249 

1.868 

5.088 

10.205 

4.33 

265 

485 

1,183 

239 

118 

343 

700 

1,410 

747 

4.394 

6.661 

843 

618 

1,962 

3,423 

175 

71 

551 

797 

52 

23 

100 

176 

363 

276 

702 

1,341 

473 

324 

488 

1,286 

1,353 

1.262 

2,129 

4,744 

54 

38 

114 

206 

529 

374 

1,113 

2,016 

145 

144 

156 

445 

140 

78 

175 

393 

43 

33 

123 

199 

103 

126 

169 

398 

102 

47 

157 

306 

226 

184 

280 

690 

Return  of  Votes,  etc. 

County  of  Worcester  —  Concluded. 


Cities  and  Towns. 


Yes. 


No. 


Blanks. 


1027 


Total 
Ballots 


Shrewsbury 

Southborough 

Southbridge 

Spencer 

Sterling 

Sturbridge 

Sutton 

Templeton 

Upton 

Uxbridge  . 

Warren 

Webster 

West  Boylston 

West  Brookfield 

Westborough 

Westminster 

Winchendon 

Worcester 

Totals 


1,216 

1,105 

1,489 

3,810 

341 

292 

438 

1,071 

2,204 

1,211 

4,487 

7,902 

756 

544 

1,861 

3,161 

321 

208 

360 

889 

220 

207 

560 

987 

324 

248 

540 

1,118 

590 

263 

796 

1,649 

298 

239 

630 

1,167 

849 

558 

1,685 

3,092 

429 

264 

873 

1,566 

1,777 

971 

3,767 

6,515 

289 

3.55 

418 

1,062 

195 

179 

333 

707 

841 

641 

927 

2,409 

241 

175 

354 

770 

692 

439 

1,281 

2,412 

26,763 

21,080 

38,460 

86,303 

68,441 


48,399 


111,206 


228,046 


Aggregate  of  Votes. 


Counties.                                            Yes. 

No. 

Blanks. 

Total 
Ballots. 

Barnstable      .......          5,889 

2,618 

8,478 

16,985 

Berkshire 

18,220 

8,069 

31,266 

57,555 

Bristol    . 

47,817 

17,088 

90,979 

155,884 

Dukes  County 

740 

290 

1,285 

2,315 

Essex 

74,053 

43,073 

119,214 

236,340 

Franklin 

8,079 

2,850 

12,352 

23,281 

Hampden 

61,264 

24,668 

73,047 

158,979 

Hampshire 

11,343 

5,769 

16,314 

33,426 

Middlesex 

151,218 

112,102 

194,375 

457,695 

Nantucket 

329 

139 

915 

1,383 

Norfolk 

57,547 

45,096 

68,101 

170,744 

Plymouth 

27,475 

14,356 

39,854 

81,685 

SUKI-OLK    . 

118,060 

80,522 

186,069 

384,651 

Worcester 

68,441 

48,399 

111,206 
953,455 

228,046 

Totals 

650,475 

405,039 

2,008,969 

1028 


Return  of  Votes,  etc. 


Return  of  votes  on  question  no.  3,  being  a  legislative  amend- 
ment TO  THE  constitution,  SUBMITTED  UNDER  THE  PROVISIONS  OF 
ARTICLE  XLVIII  OF  THE  AMENDMENTS  TO  THE  CONSTITUTION  TO  THE 
VOTERS  OF  THE  COMMONWEALTH  AT  THE  STATE  ELECTION  HELD  NOVEM- 
BER 7,   1944. 

Question  No.  3  —  Proposed  Amendment  to  the  Constitution. 

Shall  an  amendment  to  the  constitution  restoring  Annual  Sessions  of 
the  General  Court  and  an  Annual  Budget  which  is  further  described  as 
follows:  — 

This  amendment  to  the  Constitution  of  Massachusetts  annuls  Article 
LXXII  of  the  Amendments  which  provided  for  biennial  sessions  of  the 
Legislature  and  a  biennial  budget,  and  makes  effective  those  earlier  pro- 
visions of  the  Constitution  and  its  Amendments  which  were  annulled  or 
affected  by  said  Article  LXXII,  —  which  proposed  amendment  was 
approved  by  the  General  Court  and  in  a  joint  session  of  the  two 
branches  held  July  8,  1941,  received  172  votes  in  the  affirmative  and 
38  in  the  negative,  and  in  joint  session  of  the  two  branches  held 
May  12,  1943,  received  188  votes  in  the  affirmative  and  52  in  the  nega- 
tive, —  be  approved"? 

County  of  Barnstable. 


Cities  and  Towns. 


Yes. 


No. 


Blanks. 


Total 
Ballots 


Barnstable 

Bourne 

Brewster 

Chatham 

Dennis 

Eastham 

Falmouth 

Harwich 

Mashpee 

Orleans 

Provincetown 

Sandwich 

Truro 

Wellfleet  . 

Yarmouth 

Totals 


1,173 

840 

1,716 

3,729 

427 

382 

805 

1,614 

107 

107 

204 

418 

319 

229 

470 

1,018 

279 

237 

533 

1,049 

95 

62 

159 

316 

837 

646 

1,268 

2,751 

375 

285 

562 

1,222 

52 

15 

111 

178 

222 

217 

359 

798 

318 

202 

802 

1,322 

193 

167 

328 

688 

76 

79 

155 

310 

106 

92 

289 

487 

337 

257 

491 

1,085 

4,916 


County  of  Berkshire. 


Adams 

Alford 

Becket 

Cheshire    . 

Clarksburg 

Dalton 

Egremont 

Florida 

Great  Barrington 

Hancock 

Hinsdale   . 

Lanesborough    . 

Lee  . 

Lenox 

Monterey 

Mount  Washington 

New  Ashford 


1,214 

628 

4,153 

5.995 

23 

16 

65 

104 

61 

73 

143 

277 

199 

127 

389 

715 

142 

86 

399 

627 

690 

514 

1,023 

2,227 

86 

74 

156 

316 

55 

'   37 

80 

172 

771 

505 

1,701 

2,977 

47 

38 

87 

172 

150 

92 

326 

568 

196 

138 

316 

650 

511 

264 

1,060 

1,835 

396 

346 

765 

1,507 

54 

51 

69 

174 

8 

19 

10 

37 

4 

25 

15 

44 

Return  of  Votes,  etc. 


1029 


County  of  Berkshire  —  Concluded. 


Cities  and  Towns. 


New  Marlborough 
North  Adams  . 
Otis 
Peru 

PiTTSFIELD 

Richmond 

Sandisfield 

Savoy 

Sheffield    . 

Stockbridge 

Tyringham 

Washington 

West  Stockbridge 

Williamstown 

Windsor    . 

Totals 


Yes. 


No. 


15,813 


10,582 


Blanks. 


31,160 


Total 
Ballots. 


106 

64 

243 

413 

2.364 

1,406 

5,982 

9,752 

60 

56 

81 

197 

11 

10 

36 

57 

7,196 

4,938 

11,564 

23,698 

74 

78 

126 

278 

45 

17 

116 

178 

25 

15 

98 

138 

238 

158 

344 

740 

283 

173 

417 

873 

32 

47 

28 

107 

22 

30 

45 

97 

115 

62 

283 

460 

610 

478 

968 

2,056 

25 

17 

72 

114 

57,555 


County  of  Bristol. 


Acushnet  . 

Atti.eboro 

Berkley 

Dartmouth 

Dighton 

Easton 

Fairhaven 

Fall  River 

Freetown  . 

Mansfield 

New  Bedford 

North  Attleborough 

Norton 

Raynham 

Rehoboth 

Seekonk 

Somerset  . 

Swansea    . 

Taunton 

Westport  . 

Totals 


368 

206 

1,021 

1,595 

3,048 

2,085 

4,890 

10,023 

101 

75 

272 

448 

949 

637 

2,225 

3,811 

360 

210 

605 

1,175 

739 

816 

1,172 

2,727 

1,378 

936 

2,606 

4,920 

12,628 

5,104 

29,039 

46,771 

184 

185 

353 

722 

839 

740 

1,582 

3,161 

13,944 

6,753 

25,983 

46.680 

1,452 

912 

2,967 

5,331 

402 

343 

719 

1,464 

200 

193 

553 

946 

367 

246 

698 

1,311 

775 

248 

1,033 

2,056 

821 

484 

1,592 

2,897 

692 

374 

1,291 

2,357 

3,578 

2,535 

9,581 

15,694 

380 

273 

1,136 

1,795 

43,211 


23,355 


89.318 


155,884 


County  of  Dukes  County 


Chilmark  . 
Edgartown 
Gay  Head 
Gosnold 
Oak  Bluffs 
Tisbury  . 
West  Tisbury 

Totals 


23 

30 

73 

126 

176 

108 

317 

601 

11 

6 

39 

56 

14 

7 

19 

40 

161 

107 

345 

613 

219 

168 

364 

751 

22 

35 

71 

128 

626 


1,228 


2,315 


County  of  Essex. 


Amesbury 

Andover 

Beverly 

Boxford 

Danvera 

Essex 

Georgetown 

Gloucester 

Groveland 

Hamilton 

Haverhill 

Ipswich 

Lawrence 

Lynn 


1,445 

1,102 

2..556 

5,103 

1.429 

1,963 

2,682 

6,074 

3,222 

3,661 

.5.812 

12,695 

106 

188 

155 

449 

1.498 

1,642 

2,596 

5,736 

157 

2.34 

359 

750 

255 

269 

536 

1,060 

2,471 

1,972 

5,296 

9,739 

244 

277 

559 

1.080 

278 

344 

612 

1.234 

5,740 

4,.523 

10.496 

20,759 

663 

666 

1.640 

2.969 

9,105 

6.296 

20.837 

36.238 

15,481 

11,590 

20,379 

47.450 

1030 


Return  of  Votes,  etc. 

County  of  Essex  —  Concluded. 


Cities  and  Towns. 


Yes. 


No. 


Blanks. 


Total 
Ballots. 


Lynnfield 
Manchester 
Marblehead 
Marrimac 
Methuen  . 
Middleton 
Nahant     . 
Newbury  . 
Newduryport 
North  Andover 
Pbabody  . 
Rockport  . 
Rowley     . 
Salem 
Salisbury  . 
Saugus 
Swampscott 
Topsfield  . 
VVenham   . 
West  Newbury 

Totals 


396 

694 

601 

1,691 

348 

474 

665 

1,487 

1,772 

2,809 

2,581 

7,162 

348 

300 

538 

1,186 

2,466 

2,090 

5,964 

10,520 

215 

190 

390 

795 

367 

368 

487 

1,222 

191 

285 

369 

845 

1,429 

1,534 

3,871 

6,834 

1,037 

1,016 

2,162 

4,215 

2,318 

1,845 

5,072 

9.235 

493 

497 

977 

1,967 

197 

202 

421 

820 

5,565 

4,395 

10,195 

20,155 

283 

268 

636 

1.187 

2,247 

2,128 

2,864 

7.239 

1,815 

2,472 

2,078 

6,365 

122 

242 

221 

585 

205 

281 

308 

794 

129 

188 

383 

700 

64,037 


57,005 


115,298 


236,340 


County  of  Franklin. 


Ashfield    . 

Bernardston 

Buckland 

Charlemont 

Colrain 

Conway 

Deerfield 

Erving 

Gill 

Greenfield 

Hawley 

Heath 

Leverett 

Leyden 

Monroe 

Montague 

New  Salem 

Northfield 

Orange 

Rowe 

Shelburne 

Shutesbury 

Sunderland 

Warwick  . 

Wendell    . 

Whately   . 

Totals 


85 

122 

209 

416 

126 

112 

205 

443 

163 

167 

458 

788 

91 

71 

184 

346 

149 

189 

278 

616 

109 

88 

211 

408 

405 

291 

565 

1,261 

109 

97 

313 

519 

93 

110 

221 

424 

2,410 

2,021 

3,731 

8,162 

17 

14 

48 

79 

17 

45 

53 

115 

55 

55 

92 

202 

31 

21 

67 

119 

27 

14 

39 

80 

865 

636 

1,908 

3,409 

27 

67 

87 

181 

253 

291 

369 

913 

536 

591 

1,433 

2,560 

20 

27 

47 

94 

204 

274 

427 

905 

17 

27 

40 

84 

119 

110 

166 

395 

54 

49 

78 

181 

31 

25 

89 

145 

125 

52 

259 

436 

6.138 


5,566 


11,577 


23,281 


County  of  Hampden. 


Agawam  . 
Blandford 
Brimfield  . 
Chester  . 
Chicopee 
East  Longmeadi 
Granville  . 
Hampden 
Holland    . 

HOLYOKE 

Longmeadow 
Ludlow 
Monson    . 
Montgomery 


1,180 

619 

1,770 

3.569 

72 

70 

125 

267 

125 

125 

219 

469 

135 

94 

342 

571 

6,095 

3,467 

10,440 

20,002 

640 

412 

862 

1,914 

70 

69 

183 

322 

171 

170 

228 

569 

38 

41 

56 

135 

7,314 

6,710 

13,099 

27,123 

1.155 

1,424 

1,060 

3,639 

1,187 

504 

1,708 

3,399 

462 

422 

977 

1,861 

14 

19 

31 

64 

Return  of  Votes,  etc. 


1031 


County  of  Hampden  —  Concluded. 


Cities  and  Towns. 


Yes. 


No. 


Blanks. 


Total 
Ballots. 


Palmer 
Russell 

Southwick 

Sprinofield 

Tolland     . 

Wales 

West  Springfield 

West  FIELD 

Wilbraham 

Totals 


1,028 

703 

2,405 

4,136 

162 

115 

273 

550 

247 

159 

306 

712 

25,398 

14,025 

31,317 

70,740 

8 

11 

24 

43 

37 

36 

106 

179 

3,023 

1,943 

3.240 

8,206 

3,054 

1,931 

3,911 

8,896 

500 

451 

662 

1,613 

52,115 


33,520 


73,344 


158,979 


County  of  Hampshire. 


Amherst   . 

Belchertown 

Chesterfield 

Cummington 

Easthampton 

Goshen 

Granby 

Hadley 

Hatfield    . 

Huntington 

Middlefield 

Northampton 

Pelham 

Plainfield 

South  Hadley 

Southampton 

Ware 

Westhampton 

Williamsburg 

Worthington 

Totals 


1,032 

1,163 

1,110 

3,305 

263 

248 

565 

1,076 

36 

47 

114 

197 

61 

84 

120 

265 

1,403 

757 

2,608 

4,768 

49 

32 

57 

138 

160 

158 

239 

557 

344 

183 

496 

1,023 

277 

105 

573 

955 

150 

133 

326 

609 

34 

7 

62 

103 

3,530 

2,376 

5,236 

11,142 

48 

60 

122 

230 

26 

31 

54 

111 

1,110 

1.043 

1,506 

3,659 

123 

158 

222 

503 

736 

532 

2,258 

3,526 

37 

61 

74 

172 

265 

229 

406 

900 

30 

52 

105 

187 

9,714 


7,459 


16,253 


33,426 


County  of  Middlesex. 


Acton 

Arlington 

Ashby 

Ashland 

Ayer 

Bedford 

Belmont 

Billerica 

Boxborough 

Burlington 

Cambridob 

Carlisle 

Chelmsford 

Concord    . 

Dracut 

Dunstable 

Everett  . 

Framingham 

Groton 

Holliston  . 

Hopkinton 

Hudson     . 

Lexington 

Lincoln     . 

Littleton  . 

Lowell    . 

Malden   . 

Marlborough! 

Maynard  . 

Medford 

Melrose 

Natick      . 

Newton   . 

North  Reading 

Pepperell  . 


375 

479 

581 

1,435 

5,610 

8,087 

7,362 

21,059 

114 

148 

217 

479 

362 

427 

649 

1,438 

377 

333 

720 

1,430 

292 

391 

449 

1,132 

3,298 

6,817 

4.399 

14,514 

1,016 

820 

1,544 

3,380 

35 

81 

65 

181 

292 

206 

562 

1,060 

13,741 

12,669 

20.912 

47,322 

95 

130 

124 

349 

1,011 

1,157 

1.784 

3,952 

937 

1,558 

1,239 

3,734 

703 

614 

1,773 

3,090 

19 

59 

96 

174 

6.442 

4,400 

9,141 

19,983 

2.944 

3,058 

4.584 

10,586 

334 

421 

583 

1,338 

355 

543 

690 

1,588 

372 

470 

679 

1,521 

801 

909 

1,860 

3,570 

1,641 

2,858 

1,834 

6,333 

180 

574 

273 

1,027 

172 

298 

361 

831 

11,835 

8,964 

22,173 

42,972 

7,778 

6,643 

12,541 

26,962 

1,807 

1,820 

4,001 

7,628 

844 

717 

1,689 

3,250 

8.930 

8,207 

13,015 

30,152 

3,649 

6,805 

4,332 

14,786 

1,897 

2.243 

3,319 

7.459 

10,628 

17,219 

11.978 

39,825 

415 

356 

565 

1,336 

336 

347 

624 

1,307 

1032 


Return  of  Votes,  etc. 

County  of  Middlesex  —  Concluded. 


Cities  and  Towns. 


Reading  . 
Sherborn  . 
Shirley 

SOMERVILLE 

Stoneham 

Stow 

Sudbury    . 

Tewksbury 

Townsend 

Tyngsborough 

Wakefield 

Waltham 

Watertown 

Wayland  . 

Westford  . 

Weston 

Wilmington 

Winchester 

WoiiURN    . 

Totals 


Yes. 


No. 


127,097 


139,195 


Blanks. 


191,403 


Total 
Ballots. 


1.618 

2,521 

2,058 

6.197 

116 

184 

213 

513 

215 

252 

489 

956 

12,984 

10,140 

19,711 

42,835 

1,563 

1,858 

2,224 

5,645 

124 

241 

250 

615 

223 

393 

353 

969 

430 

388 

755 

1,573 

239 

277 

456 

972 

194 

185 

314 

693 

2,170 

2,969 

3,735 

8,874 

6,029 

5,178 

7,715 

18,922 

5,425 

5,134 

6,715 

17.274 

602 

563 

741 

1,906 

311 

388 

891 

1,590 

447 

1,520 

429 

2,396 

499 

557 

989 

2,045 

1,799 

3,632 

2,495 

7,926 

2,472 

1,987 

4,152 

8,611 

457,695 


County  of  Nantucket. 


Nantucket 


208 


285 


830 


1,383 


County  of  Norfolk. 


Avon 

Bellingham 

Braintree 

Brookline 

Canton 

Cohasset  . 

Dedham    . 

Dover 

Foxborough 

Franklin   . 

Holbrook 

Medfield  . 

Medway    . 

Minis 

Milton 

Needham 

Norfolk     . 

Norwood  . 

Plainville  . 

QUINCY 

Randolph 
Sharon 
Stoughton 
Walpole  . 
Wellesley  . 
Westwood 
Weymouth 
Wrentham 

Totals 


311 

262 

621 

1,194 

336 

216 

941 

1,493 

2,876 

3,242 

3,471 

9,589 

7,486 

10,824 

11,451 

29,761 

877 

1,000 

1,373 

3,250 

385 

669 

784 

1,838 

2,283 

2,452 

3,223 

7,958 

193 

384 

240 

817 

693 

678 

1,081 

2,452 

878 

608 

1,850 

3,336 

546 

459 

867 

1,872 

346 

362 

543 

1.251 

403 

442 

718 

1.563 

264 

314 

530 

1.108 

2,887 

5,128 

3,776 

11.791 

1,748 

3,293 

2,569 

7.610 

232 

182 

283 

697 

2,162 

1,797 

3,138 

7.097 

237 

216 

451 

904 

11,181 

11,246 

14,272 

36.699 

965 

873 

1,690 

3.528 

606 

786 

763 

2,155 

1,197 

965 

1,765 

3,927 

1,116 

1,104 

1,492 

3,712 

1,899 

4,899 

2,239 

9,037 

545 

1,053 

744 

2,342 

3,738 

3,408 

5,285 

12,431 

407 

360 

565 

1,332 

46,797 


57,222 


66,725 


170,744 


County  of  Plymouth. 


Abington  . 

Bridgewater 

Brockton 

Carver 

Duxbury  . 

East  Bridgewater 

Halifax 

Hanover    . 

Hanson 

Hingham  . 

Hull 


893 
697 

8,928 
103 
356 
480 
124 
337 
281 

1,300 
485 


816 

1.359 

3.068 

668 

1.364 

2,729 

7,095 

14.440 

30,463 

110 

268 

481 

495 

571 

1,422 

492 

804 

1,776 

117 

170 

411 

376 

530 

1,243 

297 

565 

1,143 

1,727 

1.602 

4.629 

445 

810 

1,740 

Return  of  Votes,  etc. 

County  of  Plymouth  —  Concluded. 


1033 


Cities  and  Towns. 


Yes. 


No. 


Blanks. 


Total 
Ballots. 


Kingston  . 

Lakeville  . 

Marion 

Marshfield 

Mattapoisett 

Middleborough 

Norwell 

Pembroke 

Plymouth 

Plympton 

Rochester 

Rockland 

Scituate     . 

Wareham 

West  Bridgewa 

Whitman  . 

Totals 


325 

297 

666 

1,288 

220 

157 

351 

728 

296 

240 

424 

960 

376 

491 

513 

1,380 

209 

200 

494 

903 

1,272 

788 

2,001 

4,061 

261 

375 

434 

1,070 

257 

291 

355 

903 

1,307 

1,251 

3,243 

5,801 

40 

83 

124 

247 

124 

108 

200 

432 

997 

941 

1,910 

3,854 

566 

867 

1,136 

2..569 

850 

477 

1,394 

2.721 

513 

447 

590 

1,550 

1,074 

1,007 

2,032 

4,113 

22,671 


20,658 


38.356 


81,685 


County  of  Sufiolk. 


Boston 

Chelsea  . 

Revere 

Winthrop 

Totals 


99,013 

81,308 

163,492 

343,813 

4,061 

2,474 

9,898 

16,433 

4,488 

2,933 

7,745 

15,166 

2,601 

2,792 

3,846 

9,239 

110,163 


384,651 


County  of  Worcester. 


Ashburnham 

Athol 

Auburn 

Barre 

Berlin 

Blackstone 

Bolton 

Boylston 

Brookfield 

Charlton 

Clinton 

Douglas 

Dudley 

East  Brookfield 

FiTCHBURO 

Gardner 
Grafton     . 
Hard  wick 
Harvard    . 
Holden 
Hopedale  . 
Hubbardston 
Lancaster 
Leicester  . 
Leominster 
Lunenburg 
Mendon    . 
Milford      . 
Millbury   . 
Millville    . 
New  Braintree 
North  Brookfield 
North  borough 
Northbridge 
Oakham    . 
Oxford 
Paxton 
Petersham 
Phillipston 
Princeton 
Royalston 
Rutland 
Shrewsbury 
Southborough 


250 

332 

4.38 

1,020 

1.208 

1,351 

2,.581 

5,140 

744 

1,245 

1,447 

3,436 

283 

367 

786 

1,4.36 

125 

210 

222 

557 

619 

225 

1,272 

2.116 

91 

142 

136 

369 

115 

234 

231 

580 

153 

201 

285 

639 

251 

316 

537 

1,104 

1,540 

993 

3,782 

6,315 

301 

346 

459 

1,106 

442 

413 

1,171 

2,026 

71 

114 

243 

428 

5,103 

5.484 

8,745 

19,.332 

1,959 

2,075 

4,436 

8,470 

538 

832 

1,682 

3,0.52 

203 

179 

531 

913 

110 

284 

161 

555 

563 

927 

802 

2,292 

464 

539 

686 

1,689 

121 

110 

207 

438 

290 

422 

511 

1,223 

452 

691 

1,020 

2,163 

2,658 

2,641 

4.906 

10,205 

361 

367 

455 

1.183 

182 

194 

324 

700 

1,297 

1,075 

4,179 

6,551 

727 

839 

1,857 

3,423 

160 

78 

559 

797 

38 

60 

77 

175 

292 

400 

649 

1.341 

341 

475 

469 

1,285 

1,014 

1,715 

2,015 

4,744 

41 

64 

101 

206 

418 

527 

1,071 

2,016 

92 

212 

141 

445 

95 

144 

154 

393 

29 

51 

119 

199 

138 

100 

160 

398 

75 

89 

142 

306 

173 

266 

251 

690 

893 

1,498 

1,419 

3,810 

258 

402 

411 

1,071 

1034 


Return  of  Votes,  etc. 

County  of  Worcester  —  Concluded. 


Cities  and  Towns. 


Yes. 


No. 


Blanks. 


Total 
Ballots. 


Southbridge 
Spencer     . 
Sterling     . 
Sturbridge 
Sutton 
Templeton 
Upton 
Uxbridge  . 
Warren 
Webster    . 
West  Boylston 
West  Brookfield 
Westborough 
Westminster 
Winchendon 
Worcester 

Totals 


1,763 

1,704 

4,435 

7,902 

621 

748 

1,792 

3,161 

203 

344 

342 

889 

207 

264 

516 

987 

261 

353 

504 

1,118 

445 

464 

740 

1,649 

219 

366 

582 

1,167 

720 

752 

1.620 

3,092 

320 

422 

824 

1,566 

1,439 

1,420 

3,656 

6,515 

207 

460 

395 

1.062 

150 

241 

316 

707 

601 

942 

866 

2.409 

194 

233 

343 

770 

519 

689 

1,204 

2,412 

21,217 

27,412 

37,674 

86,303 

54,364 


66,043 


107,639 


228,046 


Aggregate  of  Votes. 


Counties. 


Yes. 


No. 


Blanks. 


Total 
Ballots. 


Barnstable 
Berkshire 

BRISTOIi     . 

Dukes  County 

Essex 

Franklin 

Hampden 

Hampshire 

Middlesex 

Nantucket 

Norfolk 

Plymouth 

Suffolk   . 

Worcester 

Tota's 


4,916 

3.817 

8.252 

16.985 

15,813 

10,582 

31,160 

57,555 

43,211 

23,355 

89,318 

155,884 

626 

461 

1,228 

2,315 

64,037 

57,005 

115,298 

236.340 

6,138 

5,566 

11,577 

23,281 

52,115 

33,520 

73.344 

158,979 

9.714 

7,459 

16.253 

33,426 

127.097 

139,195 

191.403 

457,695 

268 

285 

830 

1,383 

46,797 

57,222 

66.725 

170,744 

22.671 

20,658 

38.356 

81,685 

110,163 

89,507 

182.981 

384,651 

54,364 

66,043 

107.639 

228,046 

557,930 


514,675 


934,364        2,008,969 


Return  of  Votes,  etc. 


1035 


Return  of  votes  on  question  no.  4,  being  a  legislative  amendment 
TO  the  constitution,  submitted  under  the  provisions  of  article 

XLVIII    OF   THE   amendments   TO    THE   CONSTITUTION    TO    THE    VOTERS 
OF    THE    COMMONWEALTH    AT    THE    STATE    ELECTION    HELD    NOVEMBER 

7,  1944. 

Question  No.  4  —  Proposed  Amendment  to  the  Constitution. 

Shall  an  amendment  to  the  constitution  providing  for  Absent  Voting  hy 
Qualified  Voters  who  by  Reason  of  Physical  Disability  are  unable  to  vote 
in  Person  which  is  further  described  as  follows:  — 

This  amendment  to  the  Constitution  of  Massachusetts  annuls  Article 
XLV  of  the  Amendments  to  the  Constitution  which  related  to  absentee 
voting  and  adopts  in  its  place  a  new  Article  XLV  which  authorizes  the 
Legislature  to  provide  for  voting,  in  the  choice  of  any  officer  to  be  elected 
or  upon  any  question  submitted  at  an  election,  by  qualified  voters  of  the 
Commonwealth  who  at  the  time  of  such  an  election  are  ahserit  from  the  city 
or  town  of  which  they  are  inhabitants  or  are  unable  by  reason  of  physical 
disability  to  cast  their  votes  in  person,  —  which  proposed  amendment 
was  approved  by  the  General  Court  and  in  a  joint  session  of  the  two 
branches  held  July  8,  1941,  received  171  votes  in  the  affirmative  and 
30  in  the  negative  and  in  a  joint  session  of  the  two  branches  held 
May  27,  1943,  received  184  votes  in  the  affirmative  and  61  in  the 
negative,  —  be  approved? 

County  of  Barnstable. 


Cities  and  Towns 


Yes. 


No. 


Blanks. 


Total 
Ballots. 


Barnstable 

Bourne 

Brewster 

Chatham 

Dennis 

Eastham 

Falmouth 

Harwich 

Mashpee 

Orleans 

Provincetown 

Sandwich 

Truro 

Wellfieet  . 

Yarmouth 

Totals 


1.788 

273 

1,668 

3,729 

733 

110 

771 

1,614 

193 

34 

191 

418 

476 

78 

464 

1,018 

450 

76 

523 

1,049 

137 

19 

160 

316 

1,241 

234 

1,276 

2,751 

582 

88 

552 

1,222 

63 

6 

109 

178 

383 

58 

357 

798 

477 

72 

773 

1,322 

302 

53 

333 

688 

141 

19 

150 

310 

163 

28 

296 

487 

547 

78 

460 

1,085 

7,676 


1,226 


8,083 


16,985 


County  of  Berkshire. 


Adams 

Alford 

Becket 

Cheshire   . 

Clarksburg 

Dalton 

Ei;remont 

Florida 

Great  Barrington 

Hancock  . 


1,527 

346 

4,122 

5,995 

29 

8 

67 

104 

105 

24 

148 

277 

278 

62 

375 

715 

194 

41 

392 

627 

1,095 

154 

978 

2,227 

139 

17 

160 

310 

54 

23 

95 

172 

1,151 

106 

1,660 

2,977 

66 

17 

89 

172 

1036 


Return  of  Votes,  etc. 

County  of  Berkshire  —  ConcludRd. 


Cities  and  Towns. 


Yes. 


No. 


Blanks. 


Total 
Ballots. 


Hinsdale   . 

Lanesborough 

Lee  . 

Lenox 

Monterey 

Mount  Washington 

New  Ashford 

New  Marlborough 

North  Adams  . 

Otis 

Peru 

PlTTSI'IEI.D 

Richmond 

Sandisfield 

Savoy 

Sheffield    . 

Stockbridge 

Tyringham 

Washington 

West  Stockbridge 

Williamstown     , 

Windsor 

Totals 


213 

53 

302 

568 

303 

59 

288 

650 

700 

96 

1.039 

1,835 

664 

95 

748 

1.507 

95 

8 

71 

174 

24 

6 

7 

37 

22 

5 

17 

44 

157 

20 

236 

413 

3,290 

644 

5,818 

9,752 

91 

15 

91 

197 

17 

5 

35 

57 

10,968 

1,640 

11,090 

23,698 

140 

14 

124 

278 

53 

13 

112 

178 

37 

8 

.  93 

138 

358 

56 

326 

740 

419 

58 

396 

873 

55 

10 

42 

107 

44 

9 

44 

97 

162 

22 

276 

460 

972 

149 

935 

2,056 

39 

4 

71 

114 

23,461 


3,847 


30,247 


57,555 


County  of  BristoL 


Acushnet  . 

Atti.ebgro 

Berkley 

Dartmouth 

Dighton     . 

Easton 

Fairhaven 

F.4.LL  River 

Freetown  . 

Mansfield 

New  Bedford 

North  Attleborough 

Norton 

Raynham 

Rehoboth 

Seekonk    . 

Somerset  . 

Swansea    . 

Taunton 

Westport  . 

Totals 


515 

75 

4,553 

770 

155 

32 

1,417 

225 

506 

77 

1,277 

217 

2,041 

339 

14,920 

2,911 

280 

68 

1,328 

227 

18,518 

2,858 

2,152 

377 

644 

94 

327 

75 

526 

93 

946 

125 

1,075 

232 

916 

154 

5,281 

881 

513 

122 

57,890 


1,005 

4,700 

261 

2,169 

592 

1,233 

2,540 

28,940 

374 

1,606 

25,304 

2,802 

726 

544 

692 

985 

1,590 

1,287 

9,532 

1,160 

88,042 


1,595 

10,023 
448 
3,811 
1,175 
2,727 
4,920 

46,771 

722 

3,161 

46,680 
5,331 
1,464 
946 
1,311 
2,056 
2,897 
2,357 

15,694 
1,795 

155,884 


County  of  Dukes  County. 


Chilmark  . 
Edgartown 
Gay  Head 
Gosnold  . 
Oak  Bluffs 
Tisbury 
West  Tisbury 

Totals 


53 

7 

66 

126 

251 

35 

315 

601 

14 

3 

39 

56 

14 

5 

21 

40 

213 

54 

346 

613 

332 

65 

354 

751 

53 

4 

71 

128 

930 


1,212 


2,315 


County  of  Kssex. 


Amesbury 

Andover 

Beverly 

Box  ford 

Danvers 

Essex 

Georgetown 

Gloucester 


2,108 

370 

2,625 

5,103 

2,916 

466 

2,692 

6,074 

6,010 

1,190 

5,495 

12,695 

234 

40 

175 

449 

2,645 

537 

2,5,54 

5,736 

307 

77 

366 

750 

423 

93 

544 

1,060 

3.905 

595 

5,239 

9,739 

Return  of  Votes,  etc. 

County  of  Essex  —  Concluded. 


1037 


Cities  and  Towns. 


Yes. 


No. 


Blanks. 


Total 
Ballots. 


Groveland 
Hamilton 

HAVERHILIy 

Ipswich 

Lawrence 

Lynn 

Lynnfield 

Manchester 

Marblehead 

Merrimac 

Methuen  . 

Middleton 

Nahant 

Newbury  . 

Newburyport 

North  Andover 

Peabody  . 

Rockport  . 

Rowley 

Salem 

Salisbury  . 

Saugus 

Swampscott 

Topsfield  . 

Wenham   . 

West  Newbury 

Totals 


420 

83 

577 

1,080 

556 

87 

591 

1.234 

8,283 

1,994 

10,482 

20,759 

1,108 

206 

1,655 

2,969 

12,104 

2,726 

21,408 

36,238 

23,352 

4,388 

19.710 

47,4.50 

947 

155 

589 

1,691 

736 

95 

656 

1,487 

4,022 

691 

2,449 

7,162 

545 

118 

523 

1,186 

3,752 

736 

6,032 

10,520 

343 

68 

384 

795 

657 

94 

471 

1,222 

392 

73 

380 

845 

2,381 

606 

3,847 

6,8.34 

1,695 

3.56 

2,164 

4,215 

3,431 

751 

5,053 

9,235 

900 

129 

938 

1,967 

334 

60 

426 

820 

8,352 

2,043 

9,760 

20,155 

392 

167 

628 

1,187 

3,801 

666 

2,772 

7,239 

3,866 

668 

1,831 

6,365 

295 

69 

221 

585 

422 

66 

306 

794 

266 

76 

358 

700 

101,900 


20.539 


113,901 


236,340 


County  of  Franklin. 


Ashfield 

Bernardston 

Buckland 

Charlemont 

Colrain 

Conway 

Deerfield 

Erving 

Gill 

Greenfield 

Hawley 

Heath 

Leverett 

Leyden 

Monroe 

Montague 

New  Salem 

Northfield 

Orange 

Rowe 

Shelburne 

Shutesbury 

Sunderland 

Warwick   . 

Wendell     . 

Whately    . 

Totals 


174 

22 

220 

416 

188 

33 

222 

443 

277 

47 

464 

788 

132 

28 

186 

340 

238 

53 

325 

616 

187 

22 

199 

408 

609 

76 

576 

1,261 

202 

16 

.301 

519 

179 

22 

223 

424 

3.895 

561 

3,706 

8.102 

17 

11 

51 

79 

54 

5 

56 

115 

85 

12 

105 

202 

43 

4 

72 

119 

36 

4 

40 

80 

1,278 

213 

1,918 

3,409 

78 

17 

86 

181 

500 

82 

331 

913 

891 

178 

1,491 

2,560 

38 

9 

47 

94 

409 

64 

432 

905 

39 

8 

37 

84 

184 

35 

176 

395 

81 

18 

82 

181 

40 

16 

89 

145 

154 

23 

259 

436 

10,008 


1,579 


11,694 


23,281 


County  of  Hampden. 


Agawam 
Blandford 
Brimfield 
Chester 
Chicopee 
East  Longmead" 
Granville  . 
Hampden 
Holland     . 

HOLYOKE 

Longmeadow 
Ludlow 


ow 

1,604 

254 

1,711 

3,569 

137 

14 

116 

267 

212 

42 

215 

469 

197 

28 

346 

571 

7,686 

2,282 

10,034 

20,002 

911 

165 

838 

1,914 

120 

20 

182 

322 

300 

41 

228 

569 

56 

19 

00 

135 

9,403 

4,807 

12,913 

27,123 

2.350 

355 

934 

3,639 

1.505 

312 

1,582 

3,399 

1038 


Return  of  Votes,  etc. 

County  of  Hampden  —  Concluded. 


Cities  and  Towns. 


Yes. 


No. 


Blanks. 


Total 
Ballots. 


Monson 

Montgomery 

Palmer 

Russell 

Southwick 

Springfield 

Tolland     . 

Wales 

West  Springfield 

Wbstfield 

Wilbraham 

Totals 


729 

145 

987 

1,861 

26 

7 

31 

64 

1,481 

268 

2,387 

4,136 

250 

34 

266 

550 

369 

41 

302 

712 

36,024 

4,948 

29,768 

70,740 

14 

3 

26 

43 

55 

11 

113 

179 

4,219 

854 

3,133 

8,206 

4,431 

742 

3,723 

8,896 

827 

129 

657 

1.613 

72,906 


15,521 


70.552 


158,979 


County  of  Hampshire. 


Amherst   . 

Belchertown 

Chesterfield 

Cummington 

Easthampton 

Goshen 

Granby 

Hadley 

Hatfield    . 

Huntington 

Middlefield 

Northampton 

Pelham 

Plainfield 

South  Hadley 

Southampton 

Ware 

Westhampton 

Williamsburg 

Worthington 

Totals 


1,979 

291 

1,035 

3,305 

417 

82 

577 

1,076 

59 

22 

116 

197 

130 

17 

118 

265 

1.918 

342 

2,508 

4,768 

84 

6 

48 

138 

256 

73 

228 

557 

461 

77 

485 

1,023 

344 

49 

562 

955 

232 

37 

340 

609 

16 

34 

53 

103 

5,271 

951 

4.920 

11,142 

90 

17 

123 

230 

47 

6 

68 

111 

1.547 

688 

1,424 

3,659 

236 

49 

218 

503 

1,024 

254 

2,248 

3,526 

71 

28 

73 

172 

390 

132 

378 

900 

65 

16 

106 

187 

14,637 


3,171 


15,618 


33,426 


County  of  Middlesex. 


Acton 

Arlington 

Ashby 

Ashland 

Ayer 

Bedford 

Belmont 

Billerica 

Boxborough 

Burlington 

Cambridge 

Carlisle 

Chelmsford 

Concord    . 

Dracut 

Dunstable 

Everett  . 

Framingham 

Groton 

Holliston  . 

Hopkinton 

Hudson     . 

Lexington 

Lincoln 

Littleton  . 

LOWELI,      . 

Malden   . 

MARLBOROUaH 

Maynard  . 
Medford 
Melrose 
Natick 
Newton  . 


721 

118 

696 

1,435 

12,021 

2,066 

6,972 

21,069 

228 

45 

206 

479 

679 

141 

618 

1,438 

651 

97 

682 

1,430 

571 

131 

430 

1,132 

8,629 

1,436 

4,449 

14,514 

1,629 

280 

1,471 

3,380 

95 

15 

71 

181 

430 

76 

564 

1,060 

23,125 

3,920 

20,277 

47.322 

198 

15 

136 

349 

1,812 

353 

1,787 

3,952 

2,191 

295 

1,248 

3,734 

999 

267 

1,824 

3,090 

70 

7 

97 

174 

9,250 

1,938 

8,795 

19,983 

5,021 

1,005 

4,560 

10,586 

667 

96 

575 

1.338 

801 

127 

660 

1.588 

677 

176 

668 

1.621 

1,374 

.361 

1,835 

3,570 

3,866 

608 

1,859 

6,333 

620 

115 

292 

1,027 

391 

76 

364 

831 

16,761 

3,765 

22,446 

42,972 

13,015 

2,031 

11,916 

26,962 

2,681 

885 

4,062 

7.628 

1,317 

241 

1,692 

3,250 

14,187 

2,838 

13,127 

30,152 

9,432 

1,299 

4,055 

14,786 

3,523 

713 

3,223 

7,459 

24,969 

3,513 

11,343 

39,825 

Return  of  Votes,  etc. 

County  of  Middlesex  —  Concluded. 


Cities  and  Towns. 


Yes. 


No. 


Blanks. 


1039 


Total 
Ballots. 


North  Reading 
Pepperell  . 
Reading 
Sherborn   . 
Shirley      . 

SOMERVILLE 

Stoneham 

Stow 

Sudbury    . 

Tewksbury 

Townsend 

Tyngsborough 

Wakefield 

Waltham 

Watertown 

Wayland  . 

Westford  . 

Weston 

Wilmington 

Winchester 

WOBURN    . 

Totals 


627 

115 

594 

1,336 

592 

105 

610 

1,307 

3,632 

634 

1,931 

6,197 

263 

46 

204 

513 

390 

78 

488 

956 

19,700 

3,925 

19,210 

42,835 

3,073 

456 

2,116 

5,645 

305 

63 

247 

615 

523 

86 

360 

969 

736 

107 

730 

1,573 

442 

75 

455 

972 

327 

56 

310 

693 

4,594 

695 

3,585 

8,874 

10,119 

1,377 

7,426 

18,922 

9,400 

1,469 

6,405 

17,274 

983 

213 

710 

1,906 

580 

100 

910 

1,590 

1,791 

224 

381 

2,396 

897 

172 

976 

2,045 

4,756 

800 

2,370 

7,926 

3,976 

818 

3,817 

8,611 

230,307 


40,663 


186,725 


457,695 


County  of  Nantucket. 


Nantucket 


423 


899 


1,383 


County  of  Norfolk. 


Avon 

Bellingham 
Braintree 
Brookline 
Canton 
Cohasset   . 
Dedham    . 
Dover 
Foxborough 
Franklin    . 
Holbrook  . 
Medfield   . 
Medway    . 
Millis 
Milton 
Needham 
Norfolk     . 
Norwood  . 
PlainvUle  . 

QCINCY 

Randolph 

Sharon 

Stoughton 

Walpole    . 

Wellesley 

Westwood 

Weymouth 

Wrentham 

Totals 


485 

76 

633 

1,194 

452 

103 

938 

1,493 

5,413 

869 

3,307 

9,589 

16,642 

2,3.36 

10,783 

29,761 

1,573 

286 

1,391 

3,250 

894 

193 

751 

1,838 

4,102 

719 

3,137 

7,958 

514 

63 

240 

817 

1,218 

173 

1,061 

2,452 

1,243 

228 

1,865 

3,.3.36 

863 

179 

830 

1,872 

611 

111 

529 

1,251 

682 

136 

745 

1,563 

474 

105 

529 

1,108 

7,027 

1,166 

3,598 

11,791 

4,576 

592 

2,442 

7,610 

375 

63 

259 

697 

3,495 

562 

3.040 

7,097 

407 

61 

436 

904 

19,212 

3,766 

13,721 

36,699 

1,609 

283 

1,636 

3,528 

1,185 

211 

759 

2,155 

1,922 

309 

1,696 

3,927 

1,958 

287 

1,467 

3,712 

6,058 

877 

2,102 

9,037 

1,287 

257 

798 

2,342 

6,210 

1,141 

5,080 

12,431 

700 

99 

533 

1,332 

91,187 


15,251 


64,306 


170,744 


County  of  Plymouth. 

Abington  . 

1,4.36 

263 

1,369 

3,068 

Bridgewater 

1,133 

208 

1,388 

2,729 

Brockton 

13,460 

2,665 

14,338 

30,463 

Carver 

171 

36 

274 

481 

Duxbury  . 

720 

119 

583 

1,422 

East  Bridgewater 

809 

142 

825 

1,776 

Halifax   . 

198 

33 

180 

411 

Hanover  . 

619 

92 

532 

1,243 

Hanson 

520 

56 

567 

1,143 

1040 


Return  of  Votes,  etc. 


County  of  Plymouth  —  Concluded. 


Cities  and  Towns. 


Yes. 


No. 


Blanks. 


Total 
Ballots. 


Hinc;ham 

Hull 

Kingston 

Lakeville 

Marion 

Marshfield 

Mattapoisett 

Middleborough 

Norwell 

Pembroke 

Plymouth 

Plympton 

Rochester 

Rockland 

Scituate     . 

Wareham 

West  Bridgewater 

Whitman 

Totals 


2,671 

451 

1,507 

4.629 

846 

116 

778 

1,740 

546 

70 

672 

1,288 

342 

47 

339 

728 

482 

77 

401 

960 

758 

134 

488 

1,380 

352 

64 

487 

903 

1,855 

264 

1,942 

4,061 

562 

76 

432 

1,070 

470 

78 

3.55 

903 

2,241 

323 

3,237 

5,801 

101 

16 

130 

247 

189 

40 

203 

432 

1,632 

314 

1,908 

3,8.54 

1,176 

190 

1,203 

2,, 560 

1,149 

234 

1,338 

2,721 

782 

150 

618 

1,5.50 

1,754 

291 

2,068 

4,1  l.T 

36,974 


6,549 


81,685 


County  of  Suffolk. 


Boston  . 
Chelsea  . 
Revere  . 
Winthrop 

Totals 


151,076 

32,063 

160,674 

343,813 

5,472 

1,292 

9,669 

16,433 

6,495 

1,219 

7,452 

15,166 

4,690 

845 

3,704 

9,239 

167,733 


3.5,419 


181,499 


384,651 


County  of  Worcester. 


Ashburnham 

Athol 

Auburn 

Barre 

Berlin 

Blackstone 

Bolton 

Boylston 

Brookfield 

Charlton   . 

Clinton 

Douglas 

Dudley 

East  Brookfield 

Fitch BURO 

Gardner 

Grafton     . 

Hard  wick 

Harvard    . 

Holden 

Hopedale 

Hubbardston 

Lancaster 

Leicester   . 

Leominster 

Lunenburg 

Mendon    . 

Milford      . 

Millbury   . 

Millville    . 

New  Braintree 

North  Brookfield 

Northborough 

Northbridge 

Oakham 

Oxford       . 

Paxton 

Petersham 

Phillipston 

Princeton 

Royalston 

Rutland 


470 

109 

441 

1.020 

1,897 

641 

2,602 

5.140 

1,041 

907 

1,488 

3,436 

393 

228 

815 

1,436 

233 

96 

228 

557 

711 

188 

1,217 

2,116 

165 

67 

137 

360 

188 

164 

228 

580 

223 

138 

278 

630 

383 

196 

525 

1,104 

1,301 

1,345 

3,669 

6,315 

403 

254 

449 

1,106 

565 

277 

1,184 

2,026 

111 

83 

234 

428 

8,784 

2,124 

8,424 

19.332 

3,019 

999 

4.4.52 

8,470 

738 

588 

1.726 

3,052 

291 

86 

536 

913 

300 

76 

179 

555 

809 

682 

801 

2,292 

789 

215 

685 

1,689 

152 

73 

213 

438 

528 

213 

482 

1,223 

611 

511 

1,041 

2,]6.S 

4,044 

1.327 

■t.834 

10.205 

618 

115 

4.50 

1,183 

282 

94 

324 

700 

1,846 

447 

4,2,58 

6,551 

919 

655 

1,849 

3,423 

199 

51 

547 

797 

69 

20 

86 

175 

403 

277 

661 

1,341 

538 

282 

465 

1,285 

1.456 

1,232 

2,056 

4,744 

59 

32 

115 

206 

590 

356 

1,070 

2,016 

1.55 

135 

1.55 

445 

191 

47 

155 

393 

59 

21 

119 

199 

161 

70 

167 

398 

126 

33 

147 

306 

257 

175 

258 

690 

Return  of  Votes,  etc. 


1041 


County  of  Worcester  —  C'oncliuled. 


Cities  and  Towns. 


Yes. 


No. 


Blanks. 


Total 
Ballots. 


Shrewsbury 

Southborough 

Southbridge 

Spencer 

Sterling 

Sturbridge 

Sutton 

Templeton 

Upton 

Uxbridge  . 

Warren 

Webster 

West  Boylston 

West  Brookfield 

Westborough 

Westminster 

Winchendon 

Worcester 

Totals 


1.286 

1,107 

1,417 

3,810 

499 

167 

405 

1,071 

2,465 

1,010 

4,427 

7,902 

862 

500 

1,799 

3,161 

333 

205 

351 

889 

286 

162 

539 

987 

362 

235 

521 

1,118 

700 

185 

764 

1,649 

340 

216 

611 

1,167 

931 

502 

1,659 

3,092 

442 

267 

857 

1,566 

1,948 

916 

3,651 

6,515 

334 

329 

399 

1,062 

217 

180 

310 

707 

1,090 

447 

872 

2,409 

338 

96 

336 

770 

893 

292 

1.227 

2,412 

27,704 

21,386 

37,213 

86,303 

77,107 


43,831 


107,108 


228,046 


Aggregate  of  Votes. 


Counties.                                             Yes. 

No. 

Blanks. 

Total 
Ballots. 

Barnstable      .......          7,676 

1,226 

8,083 

16.985 

Berkshire 

23,461 

3,847 

30,247 

57,555 

Bristol    . 

57,890 

9,952 

88,042 

15.5,884 

Dukes  County 

930 

173 

1,212 

2,315 

Essex 

101,900 

20,539 

113,901 

236,340 

Franklin 

10,008 

1,579 

11,694 

23,281 

Hampden 

72,906 

15,521 

70,552 

158,979 

Hampshire 

14,637 

3,171 

15,618 

33,426 

Middlesex 

230,307 

40,663 

186,725 

457,695 

Nantucket 

423 

61 

899 

1,383 

Norfolk 

91,187 

15,251 

64,306 

170,744 

Plymouth 

36,974 

6,549 

38,162 

81,685 

Suffolk    . 

167,733 

35,419 

181,499 

384,651 

Worcester 

77,107 

43,831 

107.108 

228.046 

Totals 893.139 

197.782 

918.048 

2,008.969 

1042 


Return  of  Votes,  etc. 


Return  of  votes  on  question  no.  5,  submitted  under  the  provi- 
sions OF  article  xlviii  of  the  amendments  to  the  constitution 
to  the  voters  of  the  commonwealth  at  the  state  election 
held  november  7,  1944. 

Question  No.  5  —  "Law  Submitted  upon  Referendum  after  Passage.'' 

Shall  a  law  descr-ibed  as  follows:  —  This  law  amends  chapter  271  of  the 
General  Laws  by  striking  out  section  22 A,  as  previously  amended,  and 
inserting  in  place  thereof  a  new  section  22 A,  which  provides  that  conduct- 
ing or  promoting  a  game  of  whist  or  bridge  in  connection  with  which  prizes 
are  offered  to  be  won  by  chance,  or  allowing  such  a  game  to  be  conducted 
or  promoted,  shall  not  authorize  the  prosecution,  arrest  or  conviction  of 
any  person  for  such  acts  under  chapter  271  of  the  General  Laws,  which 
deals  with  crimes  against  public  policy,  if  the  entire  proceeds  of  the  charges 
for  admission  to  such  gayne  are  donated  solely  to  charitable,  civic,  educa- 
tional, fraternal  or  religious  purposes.  This  new  section  does  not  contain, 
as  did  the  section  now  stricken  out,  provisions  authorizing  the  licensing 
and  conducting  of  the  game  of  beano,  —  which  section  was  approved  by 
both  branches  of  the  General  Court  by  vote  not  recorded, — be  approved? 

County  of  Barnstable. 


Cities  and  Towns. 


Yes. 


No. 


Blanks. 


Total 
Ballots. 


Barnstable 

Bourne 

Brewster 

Chatham 

Dennis 

Eastham 

Falmouth 

Harwich 

Mashpee 

Orleans 

Provincetown 

Sandwich 

Truro 

Wellfleet   . 

Yarmouth 

Totals 


1,472 

478 

1,779 

3,729 

669 

230 

815 

1,614 

152 

49 

217 

418 

400 

106 

512 

1,018 

358 

127 

564 

1,049 

103 

38 

175 

316 

1,037 

354 

1,360 

2,761 

461 

148 

613 

1,222 

47 

16 

115 

178 

302 

91 

405 

798 

402 

119 

801 

1,322 

246 

89 

353 

688 

119 

29 

162 

310 

134 

40 

313 

487 

421 

145 

519 

1,085 

6,223 


2,059 


8,703 


16,985 


County  of  Berkshire. 


Adams 

Alford 

Backet 

Cheshire   . 

Clarksburg 

Dalton 

Egremont 

Florida 

Great  Barrington 

Hancock    . 

Hinsdale   . 

Lanesborough     . 

Lee  . 

Lenox 

Monterey 

Mount  Wasliington 


,289 

523 

4,183 

5,995 

21 

8 

75 

104 

69 

56 

152 

277 

215 

103 

397 

715 

138 

119 

370 

627 

858 

339 

1,030 

2,227 

115 

28 

173 

316 

46 

30 

97 

172 

902 

331 

1,744 

2,977 

55 

21 

96 

172 

147 

117 

304 

668 

217 

113 

320 

650 

542 

209 

1,084 

1,835 

493 

240 

774 

1,607 

68 

26 

80 

174 

20 

6 

11 

37 

Return  of  Votes,  etc. 


1043 


County  of  Berkshire  —  Concluded. 


Cities  and  Towns. 


Yes. 


No. 


Blanks. 


Total 
Ballots. 


New  Aflhford 
New  Marlborough 
North  Ad.-vms  . 
Otis 
Peru 

PlTTSFIELD 

Richmond 
Sandisfield 
Savoy 
Sheffield    . 
Stockbridge 
Tyringham 
Washington 
West  Stockbridge 
Williamstown     . 
Windsor    . 

Totals 


14 

12 

18 

44 

102 

49 

262 

413 

2,451 

1,733 

5.568 

9,752 

73 

26 

98 

197 

8 

8 

41 

57 

8.383 

3,573 

11,742 

23,698 

100 

43 

135 

278 

42 

22 

114 

178 

30 

12 

96 

138 

284 

88 

368 

740 

315 

139 

419 

873 

41 

20 

46 

107 

26 

24 

47 

97 

130 

38 

292 

460 

723 

315 

1,018 

2,056 

30 

10 

74 

114 

17,946 


8,381 


31,228 


57,555 


County  of  Bristol. 


Acushnet  . 

Attleboro 

Berkley 

Dartmouth 

Dighton    . 

Easton 

Fairhaven 

Fai.t.  River 

Freetown  . 

Mansfield 

New  Bedford 

North  Attleborough 

Norton 

Raynham 

Rehoboth 

Seekonk    . 

Somerset  . 

Swansea    . 

Taunton 

Westport  . 

Totab 


522 

147 

926 

1,595 

3,604 

1,485 

4,934 

10,023 

113 

64 

271 

448 

1,124 

380 

2,307 

3,811 

436 

128 

611 

1,175 

998 

456 

1,273 

2,727 

1,686 

585 

2,649 

4,920 

13,249 

4,810 

28,712 

46,771 

248 

95 

379 

722 

1,003 

454 

1,704 

3,161 

15,212 

6,073 

25,395 

46,680 

1,632 

876 

2,823 

5,.331 

538 

150 

776 

1,464 

293 

98 

555 

946 

422 

139 

750 

1,311 

816 

199 

1,041 

2,056 

944 

327 

1,626 

2,897 

787 

265 

1,305 

2,357 

4,674 

1,611 

9,409 

15,694 

412 

190 

1,193 

1,795 

48,713 


18,532 


88,639 


155,884 


County  of  Dukes  County. 


Chilmark  . 
Edgartown 
Gay  Head 
Gosnold 
Oak  Bluffs 
Tisbury 
West  Tisbury 

Totals 


34 

11 

81 

126 

206 

41 

354 

601 

8 

6 

42 

56 

10 

10 

20 

40 

173 

78 

362 

613 

261 

87 

403 

751 

42 

9 

77 

128 

734 


242 


2,315 


County  of  Essex. 


Amesbury 

Andover 

Beverly 

B oxford 

Danvers 

Essex 

Georgetown 

Gr.OU'-EJSTER 

Groveland 

Hamilton 

Haverhill 

Ipswich 

Lawrence 


1,587 

1,021 

2,495 

5,103 

2,276 

930 

2,868 

6,074 

4,628 

2,446 

5,621 

12,695 

178 

86 

185 

449 

1,983 

1,444 

2,309 

5,736 

240 

118 

392 

750 

339 

140 

575 

1,060 

2,935 

1,407 

5,397 

9,739 

313 

149 

618 

1,080 

433 

196 

605 

1,234 

6,883 

3,168 

10,708 

20,759 

829 

501 

1,639 

2.969 

9,826 

4,484 

21,928 

36,238 

]()44 


Return  of  Votes,  etc. 


County  of  Essex  —  Concluded. 


Cities  and  Towns. 


Yes. 


No. 


Blanks. 


Total 
Ballots. 


Lynn 
Lynnfield 
Manchester 
Marblehead 
Merrimac 
Methuen  . 
Middleton 
Nahant 
Newbury  . 
Newburyport 
North  Andover 
Peabody  . 
Rockport  . 
Tlowley 
Sai_,em 
Salisbury  . 
Saugus 
Swampscott 
Topsfield  . 
Wenham   . 
West  Newbury 

Totals 


18,374 

10,573 

18,503 

47,450 

781 

276 

634 

1,691 

615 

186 

686 

1.487 

3,17S 

1,631 

2,3.53 

7,162 

420 

194 

572 

1,186 

2,855 

1,333 

6,332 

10,520 

262 

145 

388 

795 

545 

233 

444 

1,222 

296 

147 

402 

845 

1,756 

1,757 

3,321 

6,834 

1,346 

613 

2,256 

4,215 

2,697 

1,883 

4,655 

9,235 

720 

277 

970 

1,967 

229 

172 

419 

820 

6,172 

5,246 

8,737 

20,155 

299 

534 

354 

1,187 

2,983 

1,.389 

2,867 

7,239 

3,036 

1,306 

2,023 

6,365 

252 

97 

236 

585 

332 

128 

334 

794 

203 

104 

393 

700 

79,801 


44,320 


112,219 


236,340 


County  of  Franklin. 


Ash  field     . 

Bernards  ton 

Buckland 

Charlemont 

Colrain 

Conway 

Deerfield 

Erving 

Gill  . 

Greenfield 

Hawley 

Heath 

Leverett 

Leyden 

Monroe 

Montaeue 

New  Salem 

Northfield 

Orange 

Rowe 

Shelburne 

Shutesbury 

Sunderland 

Warwick   . 

Wendell    . 

Whately    . 

Totals 


138 

42 

236 

416 

152 

63 

228 

443 

192 

111 

485 

788 

108 

49 

189 

346 

173 

106 

337 

616 

135 

51 

222 

408 

490 

194 

577 

1,261 

145 

60 

314 

519 

146 

44 

234 

424 

2,958 

1,625 

3,579 

8.162 

19 

14 

46 

79 

32 

18 

65 

115 

65 

27 

no 

202 

28 

11 

80 

119 

32 

14 

34 

80 

972 

595 

1,842 

3,409 

58 

32 

91 

181 

370 

141 

402 

913 

711 

305 

1 ,544 

2,560 

30 

16 

48 

94 

281 

148 

476 

905 

26 

15 

43 

84 

152 

50 

193 

395 

58 

27 

96 

181 

40 

11 

94 

145 

125 

34 

277 

436 

7,636 


3,803 


11,842 


23,281 


County  of  Hampden. 


Agawam   . 

Blandford 

Brimfiekl  . 

Chester     . 

Chicopee 

ICast  Longmeadow 

Granville  . 

Hampden 

Holland     . 

HOLYOKE 

Longmeadow 

Ludlow 

Monson     . 

Montgomery 

Palmer 

Russell 

South  wick 


1,287 

514 

1,768 

3,569 

100 

35 

132 

267 

170 

66 

233 

469 

170 

51 

350 

571 

5,980 

4,110 

9,912 

20,002 

703 

273 

938 

1,914 

82 

35 

205 

322 

230 

77 

262 

569 

42 

28 

65 

135 

7,698 

8,025 

11,400 

27,123 

1.815 

661 

1.163 

3,639 

1,165 

759 

1,475 

3,399 

618 

196 

1,047 

1.861 

16 

15 

33 

64 

1.182 

458 

2,496 

4,136 

207 

52 

291 

550 

316 

79 

317 

712 

Return  (3f  Votes,  etc. 

County  of  Hampden  —  Concluded. 


1045 


Cities  and  Towns. 

Yes. 

No. 

Blanks. 

Total 
Ballots. 

Springfield      ..... 

Tolland 

Wales         ...... 

West  Springfield          .... 

Westfield         ..... 

Wilbraham          ..... 

29,165 

12 

42 

3.582 

3.579 

653 

10,018 

4 

19 

1,240 

1,263 

230 

28.208 

31,557 

27 

118 

3,384 

4,054 

730 

70.740 

43 

179 

8,206 

8,896 

1,613 

Totals 

58.814 

71,957 

158.979 

County  of  Hampshire. 


.\niher8t    . 

Belchertown 

Chesterfield 

Cummington 

Easthampton 

Goshen 

Granby 

Hadlev 

Hatfield     . 

Huntington 

Middlefield 

Northampton 

Pelham 

Plainfield  . 

South  Hadley 

Southampton 

Ware 

Westhampton 

Williamsburg 

Worthington 

Totals 


1,525 

630 

1,150 

3,305 

323 

164 

589 

1,076 

41 

31 

125 

197 

74 

54 

137 

265 

1,462 

901 

2.405 

4,768 

67 

12 

59 

138 

198 

130 

229 

557 

365 

151 

507 

1,023 

265 

132 

658 

955 

1.59 

72 

378 

609 

21 

17 

65 

103 

3,759 

2,625 

4,758 

11.142 

59 

34 

137 

230 

34 

14 

63 

111 

1,409 

855 

1,.395 

3,659 

175 

94 

234 

503 

892 

396 

2,238 

3,526 

57 

36 

79 

172 

274 

172 

454 

900 

47 

24 

116 

187 

11,206 


6,544 


15,676 


33,426 


County  of  Middlesex. 


Acton 

Arlington 

Ash  by 

Ashland 

Ayer 

Bedford 

Belmont 

Billerina 

Boxborougli 

Burlington 

Cambridge 

Carlisle 

Chelmsford 

Concord 

Dracut 

Dunstable 

Everett  . 

Framingham 

Groton 

Holliston  . 

Hoplcinton 

Hudson 

Le.xiugton 

Lincoln 

Littleton   . 

LOWEL,!-      . 

.\Ialden    . 
iMart.bokouoh 
iVIaynard  . 
.\1edpohd 
Melro.se 
Natick 
Newton   . 
North  Reading 
Pepperell  . 
Reading 
Sherborn  . 
Shirley 


561 

10,239 

188 

510 

510 

492 

7,079 

1,214 

75 

327 

18,560 

147 

1,373 

1,674 

758 

40 

7.875 

3,790 

534 

622 

548 

1,053 

3,229 

491 

287 

12,626 

10,599 

2,083 

1 .039 

1  1,79;-; 

7,834 

2,757 

20,28S 

478 

448 

2,919 

212 

315 


242 

632 

1,435 

3,848 

6,972 

21.059 

67 

224 

479 

262 

666 

1,438 

221 

699 

1,430 

184 

456 

1,132 

2,682 

4,753 

14,514 

670 

1,496 

3,380 

26 

80 

181 

1.54 

579 

1,060 

8,410 

20,352 

47.322 

53 

149 

349 

081 

1,898 

3,952 

676 

1,384 

3,734 

448 

1,884 

3,090 

20 

108 

174 

3,150 

8,952 

19,983 

2,242 

4.554 

10,586 

181 

623 

1,338 

270 

696 

1,588 

252 

721 

1,521 

780 

1,737 

3,.570 

1,046 

2,058 

6,333 

201 

335 

1,027 

151 

393 

831 

8,174 

22,172 

42,972 

4,07S 

12,285 

26,962 

2,318 

3,227 

7,628 

459 

1,752 

3,250 

.5,123 

13,236 

30,152 

2,462 

4,490 

14,786 

1,534 

3,168 

7,459 

7,493 

12,044 

39,825 

233 

625 

1,336 

191 

668 

1.307 

1,103 

2,175 

0,197 

77 

224 

513 

157 

484 

956 

1046 


Return  of  Votes,  etc. 

County  of  Middlesex  —  Concluded. 


Cities  and  Towns. 


Yes. 


No. 


Blanks. 


Total 
Ballots. 


SOMERVIT.T.E 

Stoneham 

Stow 

Sudbury    . 

Tewksbury 

Townsend 

Tyngsborough 

Wakefield 

Wat.tham 

Watertown 

Wayland  . 

Westford  . 

Weston 

Wilmington 

Winchester 

WOBURN    . 


Avon 

Bellingham 
Braintree  . 
Brookline 
Canton 
Cohasset  . 
Dedham    . 
Dover 
Foxborough 
Franklin    . 
Holbrook 
Medfield   . 
Medway   . 
Millis 
Milton 
Needham 
Norfolk     . 
Norwood  . 
Plainville  . 

QUINCY 

Randolph 

Sharon 

Stoughton 

Walpole 

Wellesley 

Westwood 

Weymouth 

Wrentham 

Totals 


16,705 

7,505 

18,625 

42,835 

2,511 

1,001 

2,133 

5,645 

261 

86 

268 

615 

379 

181 

409 

969 

517 

285 

771 

1,573 

373 

120 

479 

972 

250 

96 

347 

693 

3,886 

1,230 

3,758 

8,874 

7,396 

3,802 

7,724 

18,922 

7.533 

3.027 

6,714 

17,274 

800 

350 

7.56 

],906 

431 

211 

948 

1,590 

1,397 

492 

507 

2,396 

664 

388 

993 

2,045 

3,941 

1,367 

2,618 

7,926 

3,125 

1,648 

3,938 

8,611 

Totals 

185,742 

82,014 

189,939 

457,695 

County  of  Nantucket. 

Nantucket 

343 

122 

918 

1,383 

County  of  Norfolk. 

379 

167 

648 

1,194 

372 

174 

947 

1,493 

4,241 

1.921 

3,427 

9,589 

13,665 

4,632 

11,464 

29,761 

1,241 

526 

1,483 

3,2.50 

741 

260 

837 

1,838 

.3,175 

1,726 

3,057 

7,958 

420 

128 

269 

817 

911 

374 

1,167 

2,452 

991 

400 

1,945 

3,336 

752 

318 

802 

1,872 

468 

201 

582 

1,251 

484 

435 

644 

1,563 

384 

213 

511 

1,108 

5,963 

2,298 

3,530 

11,791 

3,622 

1,320 

2,668 

7,610 

283 

121 

293 

697 

2,757 

1,280 

3,060 

7.097 

314 

120 

470 

904 

15,208 

7,611 

13,880 

36,699 

1,218 

721 

1,589 

3,528 

955 

376 

824 

2,155 

1,444 

669 

1,814 

3,927 

1,633 

585 

1,494 

3,712 

4,988 

1,623 

2,426 

9,037 

997 

461 

884 

2,342 

4,867 

2,683 

4,891 

12,431 

504 

232 

596 

1,332 

72,967 


31,575 


66,202 


170,744 


County  of  Plymouth. 


Abington  . 

Bridgewater 

Brockton 

Carver 

Duxbury  . 

East  Bridgewater 

Halifax 

Hanover  . 

Hanson     . 

Hingham  . 

Hull 

Kingston  . 

Lakeville  . 

Marion 


1,124 

564 

1,380 

3,068 

929 

302 

1,498 

2,729 

0,784 

6,033 

13,646 

30,463 

131 

60 

290 

481 

614 

193 

615 

1,422 

648 

281 

847 

1,776 

143 

70 

198 

411 

475 

231 

537 

1,243 

384 

159 

600 

1,143 

2,221 

863 

1,545 

4,629 

699 

326 

715 

1,740 

433 

146 

709 

1.288 

253 

96 

379 

728 

409 

128 

423 

960 

Return  of  Votes,  etc. 

County  of  Plymouth  —  Concluded. 


1047 


Cities  and  Towns. 


Yes. 


No. 


Blanks. 


Total 
Ballots. 


Marsh  field 

Mattapoiselt 

Middleborougli 

Norwell 

Pembroke 

Plymouth 

Plympton 

Rochester 

Rockland 

Scituate    . 

Wareham 

West  Bridgewater 

Whitman 

Totals 


61.5 

216 

.549 

1,380 

298 

92 

513 

903 

1,4.38 

533 

2,090 

4,061 

466 

1.56 

448 

1,070 

358 

149 

396 

903 

l,78,'-> 

762 

3,2.54 

5,801 

82 

30 

135 

247 

159 

50 

223 

432 

1,202 

917 

1,735 

3,854 

935 

374 

1,260 

2,569 

905 

489 

1,327 

2,721 

651 

263 

636 

1,550 

1,371 

821 

1,921 

4.113 

29,512 


14,304 


37,869 


County  of  Suffolk. 


Boston     . 
Chelsea  . 
Revere 
Winthrop 

Totals 


122,610 
4,834 
.5,3.59 
3,752 

136.5.55 


68,374 


159,637 
9,624 
6,897 
3,564 

179,722 


.384,651 


County  of  Worcester. 


Ashburnham 

Athol 

Auburn 

Barre 

Berlin 

Blackstone 

Bolton 

Boylston 

Brookfield 

Charlton 

Clinton 

Douglas 

Dudley 

East  Brookfield 

FlTCHBURG 

Gardner 

Grafton     . 

Hard  wick 

Harvard    . 

Holden 

Hopedale 

Hubbardston 

Lancaster 

Leicester  . 

Leominster 

Lunenburg 

Mendon 

Milford 

Millbury   . 

Millville    . 

New  Braintree 

North  Brookfield 

Northborough 

Northbridge 

Oakham    . 

Oxford 

Paxton 

Petersham 

Phillipston 

Princeton 

Royalston 

Rutland 

Shrewsbury 

Southborough 

Southbridge 

Spencer 

Sterling     . 


411 

161 

448 

.  1.020 

1,675 

825 

2,640 

'  5,140 

1,.339 

6.34 

1,463 

3,436 

423 

173 

840 

1,436 

230 

78 

249 

557 

599 

277 

1,240 

2,116 

157 

55 

157 

369 

237 

114 

229 

580 

278 

70 

291 

639 

376 

193 

635 

1,104 

1,923 

723 

3,669 

6,315 

445 

208 

4.53 

1.106 

511 

.386 

1,129 

2.026 

129 

57 

242 

428 

7.128 

4,390 

7,814 

19,332 

2,595 

1.514 

4,361 

8,470 

955 

497 

1,600 

3.052 

258 

1.30 

525 

913 

243 

106 

206 

555 

1,087 

403 

802 

2.292 

664 

392 

633 

1,689 

150 

62 

226 

438 

481 

216 

.526 

1,223 

792 

.333 

1,0,38 

2,163 

3,595 

2,060 

4,.5.50 

10,205 

562 

209 

412 

1,183 

250 

131 

319 

700 

1,.382 

1,234 

3,935 

6,551 

1,007 

785 

1,631 

3.423 

1.59 

80 

558 

797 

52 

28 

95 

175 

482 

252 

607 

1,341 

581 

226 

478 

1,285 

1,798 

953 

1,993 

4,744 

56 

34 

116 

206 

653 

293 

1,070 

2,016 

203 

93 

149 

445 

146 

71 

176 

393 

45 

33 

121 

199 

180 

41 

177 

398 

94 

53 

159 

306 

262 

168 

260 

690 

1,802 

685 

1,323 

3,810 

436 

216 

419 

1,071 

2,242 

1,531 

4,129 

7,902 

944 

.539 

1,678 

3,161 

372 

155 

362 

889 

1048 


Return  of  Votes,  etc. 

County  of  Worcester  —  Concluded. 


Cities  and  Towns. 


Yes. 


No. 


Blanks. 


Total 
Ballots. 


Sturbridge 

Sutton 

Templeton 

Upton 

Uxbridge  . 

Warren 

Webster    . 

West  Boylston 

West  Brookfield 

Westborough 

Westminster 

Winchendon 

Worcester 

Totals 


292 

1.55 

540 

987 

407 

207 

504 

1,118 

.577 

305 

767 

1,649 

375 

213 

579 

1.167 

969 

615 

1,608 

3,092 

472 

244 

850 

1,566 

1,610 

1,738 

3,167 

6,515 

499 

167 

396 

1,062 

266 

121 

320 

707 

1  114 

413 

882 

2,409 

276 

143 

351 

770 

756 

413 

1,243 

2,412 

34,193 

16.939 

.35,171 

86.303 

82.195 


102,411 


228,046 


Aggregate  of  Votes. 


Counties.                                            Yes. 

No. 

Blanks. 

Total 
Ballots. 

Barnstable 6,223 

2,059 

8,703 

16,985 

Berkshire 

17,946 

S,381 

31.228 

57.555 

Bristol    . 

48,713 

18,. 532 

88,639 

155,884 

Dukes  Count\ 

734 

242 

1,339 

2,315 

Essex 

79,801 

44,320 

112,219 

236,340 

Franklin 

7,636 

3,803 

11,842 

23,281 

Hampden 

.58,814 

28,208 

71,957 

158,979 

Hampshire 

11,206 

6,544 

15,676 

.3.3,426 

Middlesex 

185,742 

82.014 

189,939 

457,695 

Nantucket 

343 

122 

918 

1,383 

Norfolk 

72,967 

31,575 

66,202 

170,744 

Plymouth 

29,512 

14,304 

37,869 

81.685 

Suffolk   . 

136,555 

68,374 

179,722 

384,651 

Worcester 

82,195 

43,440 

102,411 

228,046 

Totals 738,387 

351,918 

918,664 

2,008,969 

APPENDIX 


The  following  table  and  indexes  have  been  prepared  by  Fernald 
HuTCHiNS,  Esq.,  and  Henry  D.  Wiggin,  Esq.,  counsel,  respectively, 
to  the  Senate  and  House  of  Representatives,  in  accordance  with  sec- 
tion fifty-one  of  chapter  three  of  the  General  Laws,  as  amended. 


TABLE 


TO  WHAT  EXTENT  THE  GENERAL  LAWS  OF  THE  COMMON- 
WEALTH,   AS    APPEARING    IN    THE    TERCENTENARY 
EDITION,  HAVE  BEEN  AFFECTED  BY  LEGISLATION 
ENACTED    BY    THE    GENERAL    COURT    SINCE 
JANUARY     FIRST,     NINETEEN     HUNDRED 
AND   THIRTY-TWO.*  t 


Chapter  1.  — Jurisdiction  of  the  Commonwealth  and  of  the  United  States. 

Sect.  3  revised,  1933,  278  §  1. 

Chapter  2.  —  Arms,  Great  Seal  and  Other  Emblems  of  the  Commonwealth. 

Sect.  8  added,  1941,  121  (designating  the  American  elm  as  the  state 
tree). 
Sect.  9  added,  1941,  121  (designating  the  Chickadee  as  the  state  bird). 

Chapter  3.  —  The  General   Court. 

Sect.  5  amended,  1937,  364  §  1;  1939,  508  §  1. 

Sect.  6  revised,  1937,  364  §  2;  amended,  1939,  424  §  1;  repealed, 
1943,  549  §  2.     (See  1939,  424  §  3.) 

Sect.  6A  added,  1939,  424  §  2  (imposing  restrictions  on  the  granting 
of  authority  to  use  the  designation  of  junior  college);  repealed,  1943, 
549  §  2.     (See  1939,  424  §  3.) 

Sect.  7  revised,  1937,  364  §  3;  first  sentence  amended,  1943,  549 
§2A. 

Sect.  9  revised,  1937,  236  §  1;  1941,  307  §  1;  amended,  1941,  600  §  1; 
revised,  1945,  38  §  1.     (See  1941,  307  §  2;  1941,  600  §  2.) 

Sect.  9  stricken  out  and  sections  9  and  9A  (relative  to  payment  of 
allowances  for  travel  and  other  expenses  to  members  of  the  general 
court)  inserted,  1945,  248  §  1.    (See  1945,  248  §§  4,  5.) 

Sect.  10  amended,  1945,  38  §  2;  revised,  1945,  248  §  2.  (See  1945, 
248  §§  4,  5.) 

Sect.  11  repealed,  1937,  236  §  2. 

Sect.  12  revised,  1937,  360  §  1;  1943,  260  §  1.  (See  1937,  360  §§  3-5; 
1943,  260  §  3.) 


*  For  table  showing  changes  in  legislation  made  during  the  years  1921  to  1931, 
inclusive,  see  Table  of  Changes  contained  in  pages  485-597  of  the  Acts  and  Resolves 
of  1932. 

t  References  in  this  table  are  to  the  Tercentenary  Edition  of  the  General  Laws, 
as  most  recently  amended,  unless  otherwise  specified. 


1052  Changes  in  the  [Chaps.  4-6. 

Sect.  13  revised,  1937,  360  §  2;  amended,  1941,  230;  revised,  1943, 
260  §2.    (Seel937,  360  §§3  5;   1943,  260  §  3) 
p  Sect.  15  revised,  1945,  421  §  1.    (See  1945,  421  §  5.) 
"Sect.  18  amended,  1941,  433  §  1;     1943,   104;     revised,   1945,  421 
§  2.   (See  1941,  433  §  4;     1945,  421  §  5.) 

Sect.  19  amended,  1935,  210. 

Sect.  20  revised,  1939,  508  §  2;  amended,  1941,  433  §  2;  1945,  38 
§  3;  421  §  4;  revised,  1945,  488  §  1.  (See  1941,  433  §  4;  1945,  421 
§5;  488  §§2,  3.) 

Sect.  20A  added,  1937,  189  (relative  to  the  purchase  of  uniforms  for 
the  sergeant-at-arms,  doorkeepers,  assistant  doorkeepers,  general  court 
officers  and  pages  of  the  general  court). 

Sect.  21  revised,  1945,  421  §  3.    (See  1945,  421  §  5.) 

Sect.  22  amended,  1939,  508  §  3. 

Sect.  23  revised,  1941,  347. 

Sect.  46  amended,  1939,  508  §  4. 

Sect.  47  amended,  1939,  508  §  5. 

Sect.  49  amended,  1939,  508  §  6. 

Sect.  51  amended,  1939,  508  §  7. 

Sect.  53  revised,  1939,  376  §  1.     (See  1939,  376  §  2.) 

Chapter  4.  —  Statutes. 

Sect  5  revised  1935  69. 

Sect.  7,  clause  Ninth  revised,  1941,  509  §  1;  1945.  242  §  1;  637  §  1; 
clause  Eighteenth  amended,  1934,  283;  1935,  26;  1936,  180;  1937, 
38;   1938,  245;    1941,  91  §  1.     (See  1941,  509  §  9;   1945,  279.) 

Sect.  10.     Affected,  1942,  5. 

Chapter  5.  —  Printing  and   Distribution   of  Laws  and   Public   Documents. 

As  to  the  distribution  of  the  Tercentenary  Edition  of  the  General 
Laws,  see  1941,  Resolve  19. 

Sect.  1,  last  paragraph  revised,  1932,  254;  two  paragraphs  added  at 
end,  1937,  373;  section  revised,  1938,  419;  amended,  1941,  428;  first 
paragraph  amended,  1945,  580  §  1.    (See  1945,  580  §  9.) 

Sect.  2,  paragraphs  (4)  and  (6)  revised,  1939,  508  §  8;   1945,  252. 

Sect.  3,  paragraphs  in  twelfth  to  forty-second  lines,  amended,  1938, 
196;  1941,  351  §  1. 

Sect.  6  amended,  1939,  508  §  9;  revised,  1943,  344  §  I;  amended, 
1945,  580  §  2.    (See  1945,  580  §  9.) 

Sect.  8  amended,  1945,  580  §  3.     (See  1945,  580  §  9.) 

Sect.  9  amended,  1933,  245  §  1. 

Sect.  10  revised,  1939,  508  §  10;  first  paragraph  amended,  1945. 
38  §  4. 

Sect.  11,  paragraph  in  thirteenth  line  revised,  1941.  329;  paragraph 
in  lines  14-31  stricken  out,  and  two  paragraphs  inserted,  1945,  538. 

Sect.  18  amended,  1935,  226  §  1;  revised,  1943,  313. 

Chapter    6.  —  The   Governor,    Lieutenant    Governor   and    Council,    Certain 
Officers  under  the  Governor  and  Council,  and  State  Library. 

For  temporary  legislation  establishing  an  emergency  finance  board 
and  defining  its  powers  and  duties,  see  1933,  49. 


Chap,  6.]  GENERAL   LaWS.  1053 

For  temporary  legislation  establishing  the  emergency  public  works 
commission,  and  defining  its  powers  and  duties,  see  1933,  365,  as  affected 
by  1933,  368;  term  extended,  1935,  380;  1937,  338;  1938,  20,  501  §  3; 
1941,  720  §  16;   1943,  517  §  3. 

Sect.  3  amended,  1943,  314  §  1.     (See  1943,  314  §  2.) 

Sect.  8  amended,  1941,  722  §  1;  revised,  1943,  348  §  1. 

Sect.  12B  added,  1932,  14  (relative  to  the  observance  of  the  anni- 
versary of  the  death  of  Brigadier  General  Casimir  Pulaski). 

Sect.  12C  added,  1932,  153  (relative  to  the  observance  of  the  anni- 
versary of  the  battle  of  Bunker  Hill).     (See  1941,  91.) 

Sect.  12D  added,  1932,  242  (relative  to  the  observance  of  the 
anniversary  of  the  Boston  Massacre,  etc.). 

Sect.  12E  added,  1934,  191  (relative  to  the  observance  of  the  anni- 
versary of  the  death  of  Commodore  John  Barry). 

Sect.  12F  added,  1935,  23  (relative  to  the  observance  of  the  anni- 
versary of  the  battle  of  New  Orleans);   amended,  1938,  49. 

Sect.  12G  added,  1935,  96  (providing  for  an  annual  proclamation  by 
the  governor  relative  to  American  Education  Week). 

Sect.  12H  added,  1935,  148  (relative  to  the  observance  of  the  anni- 
versary of  the  death  of  General  Marquis  de  Lafayette). 

Sect.  121  added,  1935, 184  (relative  to  the  annual  observance  of  Indian 
Day);  revised,  1939,  56. 

Sect.  12J  added,  1938,  22  (relative  to  the  annual  observance  of  April 
nineteenth  as  Patriots'  Day). 

Sect.  12K  added,  1938,  80  (relative  to  the  annual  observance  of 
Evacuation  Day,  so  called). 

Sect.  12L  added,  1941,  387  (relative  to  the  annual  observance  of 
Veteran  Firemen's  Muster  Day). 

Sect.  16  amended,  1941,  490  §  1. 

Sect.  17  amended,  1932,  305  §  1;  1933,  120  §  1,  336  §  1;  1934,  374 
§  1;  1935,  475  §  1;  revised,  1939,  393  §  1;  amended,  1945,  393  §  1; 
revised,  1945,  619  §  1.     (See  1933,  336  §  3.) 

Sect.  18  and  heading  stricken  out  and  new  section  inserted,  under 
heading  "armory  commission",  1937,  300  §  1;  sentence  added  at  end, 
1941,  19.    (See  1937,  300  §  2.) 

Sect.  22  amended,  1936,  341  §  1;  heading  and  section  amended, 
1943,  455  §  1;   1945,  393  §  2.    (See  1936,  341  §  2.) 

Sect.  24  amended,  1941,  596  §  1;   1943,  455  §  2;   1945,  393  §  3. 

Sect.  25  revised,  1945,  730  §  2. 

Sect.  28  amended,  1938,  18. 

Sect.  28A  amended,  1934,  208  §  1;   1945,  393  §  4. 

Sect.  28E  added,  1934,  208  §  2  (relative  to  the  dissemination  of  in 
formation  concerning  the  pubhc  bequest  fund). 

Sect.  31  revised,  1943,  479. 

Sect.  32,  paragraph  added  at  end,  1937,  227 ;  same  paragraph  revised, 
1938,  473  §  1;  same  paragraph  revised,  1943,  43. 

Sect.  42  added,  under  caption  "milk  regulation  board",  1932, 
305  §  2. 

Sects.  43-45  added,  1933,  120  §  2  (relative  to  the  alcoholic  beverages 
control  commission). 

Sect.  43  amended,  1933,  375  §  1. 

Sect.  44,  first  paragraph  revised,  1933,  376  §  1. 


1054  (  'ranges   in   the  [Chai-s.  7-9. 

Sect.  45  revised,  1941,  596  §  2. 

Sects.  46  and  47  added,  1933,  336  §  2  (relative  to  the  Greylock  reser- 
vation commission).     (See  1933,  336  §  3.) 

Sect.  48  added,  under  caption  "state  racing  commission",  1934, 
374  §  2;  last  paragraph  revised,  1941,  596  §  3. 

Sects.  49-52  added,  under  caption  "state  planning  board",  1935, 
475  §  2. 

Sect.  49  amended,  1936,  307;  1939,  451  §  1;  revised,  1941,  466  §  5. 
(See  1941,  466  §§  1-4,  7A,  8.) 

Sect.  50A  added,  1941,  466  §  7  (relative  to  the  powers  and  duties  of 
the  state  planning  board  formerly  exercised  by  the  metropolitan  plan- 
ning division).    (See  1941,  466  §§  1-4,  7A,  8.) 

Sects.  53-55  added,  1945,  619  §  2  (establishing  a  Fort  of  Boston 
Authority).    (See  1945,  619  §§  4-11.) 

Chapter  7.  —  Commission  on  Administration  and  Finance. 

Sect.  6A  added,  1941,  433  §  3  (providing  for  the  appointment  of  the 
postmaster  and  assistant  postmaster  of  the  central  mailing  room  by  the 
Commission  on  Administration  and  Finance).     (See  1941,  433  §  4.) 

Sect.  7  amended,  1945,  457. 

Sect.  22,  clause  (17)  revised,  1933,  353  §  1. 

Sect.  23A  added,  1933,  353  §  2  (providing  a  preference  in  the  pur- 
chase of  supplies  and  materials  by  contractors  for  certain  state  work  in 
favor  of  domestic  supplies  and  materials). 

Sect.  25A  added,  1943,  344  §  2  (authorizing  the  state  purchasing 
agent  to  regulate  purchases  of  supplies  and  transfers  thereof  from  one 
state  agency  to  another). 

Sect.  26  amended,  1939,  451  §  2. 

Sect.  29  amended,  1945,  580  §  4.     (See  1945,  580  §  9.) 

Sect.  33  revised,  1939,  499  §  1;    1945,  292  §  1. 

Chapter  8.  —  State  Superintendent  of  Buildings,  and  State  House. 

Sects.  1-12  affected,  1935,  327;  1941,  627  §  3. 

Sect.  1  revised,  1938,  249  §  1.  (See  1938,  249  §  6.) 

Sect.  4  amended,  1935,  251;  revised,  1937,  84  §  1;  1938,  249  §  2. 
(See  1937,  84  §  2;  1938,  249  §  6.) 

Sect.  5  revised,  1935,  460  §  1;  amended,  1938,  387  §  1.  (See  1935, 
460  §  2;  1938,  387  §  2.) 

Sect.  9  amended,  1938,  249  §  3.  (See  1938,  249  §  6.) 

Sect.  10  amended,  1938,  249  §  4;  1943,  440  §  1.  (See  1938,  249  §  6.) 

Sect.  lOA  revised,  1933,  170;  1941,  267;  amended,  1943,  440  §  2; 
revised,  1945,  706. 

Sect.  12  revised,  1938,  249  §  5.  (See  1938,  249  §  6.) 

Sect.  17  amended,  1932,  188  §  1;  1933,  199  §  1. 

Sect.  18  amended,  1932,  188  §  2;  1933,  199  §  2. 

Chapter  9.  —  Department  of  the  State  Secretary. 

Sect.  2  revised,  1935,  416;  1939,  283;  1941,  587. 

Sect.  6  amended,  1934,  25  §  1. 

Sect.  7  amended,  1934,  25  §  2;  1939,  342  §  1. 


(.'haps,  lu  12.J  General  Laws.  1055 

Sect.  9  amended,  1934,  127. 

Sect.  15  amended,  1934,  19. 

Sect.  17  amended,  1934,  37;  revised,  1936,  31  §  1. 

Sect,  20  added,  1935,  402  (regulating  the  publication  and  sale  of  the 
Massachusetts  Reports  and  of  the  advance  sheets  of  the  opinions  and 
decisions  of  the  Supreme  Judicial  Court) ;  revised,  1943,  426. 

Sects.  21-25  added,  under  the  caption  "commission  on  interstate 
co-operation",  1937,  404  §  1  (establishing  a  commission  on  interstate 
co-operation  as  successor  to  the  commission  on  interstate  compacts 
affecting  labor  and  industries  and  defining  its  powers  and  duties,  and 
providing  for  a  commission  required  to  be  established  under  an  inter- 
state compact  on  the  minimum  wage).    (See  1937,  404  §§2,  3.) 

Sect.  21  amended,  1941,  394  §  1. 

Sect.  23  amended,  1941,  394  §  2. 

Sect.  25  repealed,  1943,  255  §  2.     (See  1943,  255  §  3.) 

Chapter  10.  —  Department  of  the  State  Treasurer. 

For  temporary  legislation  establishing  an  emergency  finance  board, 
and  defining  its  powers  and  duties,  see  1933,  49. 

For  temporary  legislation  establishing  the  emergency  pubhc  works 
commission,  and  defining  its  powers  and  duties,  see  1933,  365,  as  affected 
by  1933,  368;  1939,  417,  418;  term  extended,  1935,  380;  1937,  338; 
1938,  20,  501  §  3;  1941,  720  §  16;   1943,  517  §  3. 

Sect.  5,  first  sentence  revised,  1941,  596  §  4;   1945,  489. 

Sect.  8  amended,  1932,  180  §  1;  revised,  1943,  427  §  1. 

Sect.  11  revised,  1939,  499  §  2;  amended,  1945,  292  §  2. 

Sect.  17  amended,  1941,  194  §  1. 

Sect.  17A  added,  1943,  362  §  2  (providing  for  the  receipt  and  dis- 
posal, by  the  state  treasurer,  of  certain  gifts  made  to  the  commonwealth 
for  military  purposes). 

Sect.  18  revised,  1945,  658  §  2.    (See  1945,  658  §  11.) 

Sect.  19  revised,  1945,  658  §  3.     (See  1945,  658  §  11.) 

Chapter  11.  —  Department  of  the  State  Auditor. 

Sect.  2,  first  sentence  revised,  1941,  596  §  5. 

Chapter    12.  —  Department    of    the    Attorney    General,    and    the    District 

Attorneys. 

Sect.  2  amended,  1934,  133  §  1;  revised,  1941,  647  §  2.  (See  1934, 
133  §  2.) 

Sect.  3,  last  sentence  amended,  1932,  180  §  2;  section  amended, 
1943,  83  §  1. 

Sect.  3B  amended,  1933,  318  §  1;  1934,  291  §  1;  paragraph  inserted 
after  first  paragraph,  1943,  409  §  3.    (See  1933,  318  §  9;  1934,  291  §  6.) 

Sect.  11  amended,  1939,  499  §  3;   1945,  292  §  3. 

Sect.  14,  paragraph  in  lines  5  and  6  revised,  1935,  209;  paragraph 
in  lines  7  and  8  revised,  1935,  433  §  1;  section  revised,  1935,  458  §  1; 
next  to  last  paragraph  revised,  1941,  470  §  1. 

Sect.  15  revised,  1935,  458  §  2;  paragraph  in  Une  8  revised,  1937, 
279  §  1. 


1050  Chances  in  the  [Ciiap.  i;;. 

Sect,  16,  paragraph  in  lines  9-11  revised,  1935,  433  §  2;  section 
revised,  1935,  458  §  3;  paragraph  in  Hnes  23  and  24  revised,  1937, 
279  §  2;  next  to  last  paragraph  revised,  1941,  470  §  2. 

Sect.  25  amended,  1937,  64  §  1. 

Chapter  13.  — •  Departinent  of  Civil  Service  and  Registration. 

Sect.  1  revised,  1939,  238  §  1.     (See  1939,  238  §§  52-55.) 

Sect.  2  revised,  1939,  238  §  2;  first  paragraph  amended,  1945,  681 
§  1.  Paragraph  inserted  after  second  paragraph,  1941,  403.  (See  1939, 
238  §§  52-55;   1945,  681  §  2.) 

Sect.  2A  added,  1939,  238  §  3  (relative  to  the  appointment  and  com- 
pensation of  civil  service  commissioners) ;  fourth  sentence  revised,  1941, 
457;  same  sentence  amended,  1945,  725  §  6.    (See  1939,  238  §§  52-55.; 

Sect.  3  amended,  1932,  180  §  3;  revised,  1939,  238  §  4.  (See  1939, 
238  §§  52-55.) 

Sect.  4  revised,  1939,  238  §  5. 

Sect.  5  revised,  1939,  238  §  6. 

Sect.  6  revised,  1939,  238  §  7. 

Sect.  8  amended,  1934,  329. 

Sect.  9A  added,  1945,  376  (authorizing  the  director  of  registration 
to  make  certain  rules  and  regulations  governing  the  conduct  of  exami- 
nations by  the  several  boards  of  registration  and  examination). 

Sect.  10  amended,  1932,  8;  1939,  36. 

Sect.  11  amended,  1937,  379. 

Sect.  12  repealed,  1937,  425  §  13.     (See  1937,  425  §  15.) 

Sects.  12A-12C  added,  under  the  heading  "board  of  registration 
IN  CHIROPODY  (podiatry)  ",  1937,  425  §  1.    (See  1937,  425  §§  14,  15.) 

Sects.  13-15  and  the  heading  before  section  13  stricken  out  and  new 
sections  13-15D  added  under  heading  "board  of  registration  in 
nursing",  1941,  620  §  2.    (See  1941,  620  §§  1,  4-12.) 

Sect.  17  revised,  1934,  339  §  1. 

Sect.  25  revised,  1941,  596  §  6. 

Sect.  29  and  its  caption  stricken  out  and  new  section  inserted,  under 
the  caption  "board  of  registration  in  embalming  and  funeral 
directing",  1936,  407  §  1.     (See  1936,  407  §§  5-8.) 

Sect.  31  revised,  1936,  407  §  2.     (See  1936,  407  §§  5-8.) 

Sect.  32  revised,  1935,  420  §  1 ;  amended,  1939,  238  §  8.  (See  1935, 
420  §  2.) 

Sect.  36,  first  sentence  revised,  1945,  517  §  1;  second  paragraph 
revised,  1941,  596  §  7.    (See  1945,  517  §  2.) 

Sect.  39  amended,  1941,  385  §  1.     (See  1941,  385  §  2.) 

Sect.  40  amended,  1933,  149  §  1;  two  sentences  added  at  end,  1934, 
299  §  1.     (See  1934,  299  §  2.) 

Sect.  41  amended,  1938,  337  §  1.     (See  1938,  337  §  2.) 

Sects.  42-44  added,  under  caption  "board  of  registration  of 
hairdressers",  1935,  428  §  1.    (See  1935,  428  §§  5,  7.) 

Sect.  43  amended,  1937,  385  §  1. 

Sects.  44A-44D  added,  under  caption  "board  of  registration  of 
architects",  1941,  696  §  1.    (See  1941,  696  §§  3,  4.) 

Sects.  45-47  added,  under  caption  "board  of  registration  of  pro- 
fessional engineers  and  of  land  surveyors",  1941,  643  §  1.  (See 
1941,  643  §§  3-5.) 

Sect.  47  amended,  1941,  722  §  lA. 


Chaps.  14-18.]  GENERAL  Laws.  1057 


Chapter  14.  —  Department  of  Corporations  and  Taxation. 

Sect.  2  aiiu'nd(«d,  1043,  lUiy. 
Sect.  4  revised,  1941,  596  §  8. 

Chapter  15.  —  Department  of  Education. 

Sect.  3  amended,  1941,  138. 

Sect.  3A  added,  1943,  549  §  1  (establishing  a  board  of  collegiate 
authority  in  the  department  of  education). 

Sect.  4  revised,  1939,  409  §  2.     (See  1939,  409  §§  1,  5.) 

Sect.  5  revised,  1941,  596  §  9. 

Sect.  6A  amended,  1938,  446  §  13;  revised,  1941,  531.  (See  1938, 
446  §  14.) 

Sect.  6B  added,  1941,  676  §  1  (relative  to  the  supervisor  of  guidance 
and  placement).    (See  1941,  646.) 

Sect.  12  revised,  1935,  367;  1939,  409  §  3.    (See  1939,  409  §§  1,  5.) 

Sect.  16  revised,  1945,  658  §  4.    (See  1945,  658  §  11.) 

Sect.  17  revised,  1945,  658  §  5.    (See  1945,  658  §  11.) 

Sect.  18  revised,  1945,  658  §  6.    (See  1945,  658  §  11.) 

Sect.  19  amended,  1942,  1  §  2.     (See  1942,  1  §  9.) 

Sect.  22.  Caption  preceding  section  changed,  1942,  1  §  3;  section 
amended  1942,  1  §  4.    (See  1942,  1  §  9.) 

Chapter  16.  —  Department  of  Public  Works. 

Sect.  5  revised,  1941,  596  §  10;  two  sentences  added  at  end,  1945, 
308. 

Sect.  5A  added,  1938,  407  §  1  (estabHshing  a  division  of  waterways 
in  the  department  of  public  w^orks).    (See  1941,  695  §  14.) 

Sect.  6  amended,  1935,  418  §  1;  1939,  393  §  2;  1945,  241  §  2.  (See 
1939,  393  §  5;   1945,  241  §  3.) 

Chapter  17.  —  Department  of  Public  Health. 

Sect.  3  revised,  1939,  233  §  1.  (See  1939,  233  §§  2,  3.) 

Sect.  4  revised,  1941,  596  §  11;  725  §  1.    (See  1941,  725  §§  4-6.) 

Sect.  6  revised,  1941,  725  §  2.  (See  1941,  725  §§  4-6.) 

Sect.  7  revised,  1941,  725  §  3.  (See  1941,  725  §§  4-6.) 


Chapter  18.  —  Department  of  Public  Welfare. 

Sect.  7  amended,  1935,  311  §  1;  revised,  1941,  596  §  12. 

Sect.  8  revised,  1941,  351  §  2. 

Sect.  9  revised,  1941,  596  §  13. 

Sect.  11  repealed,  1945,  336  §  1. 

Sect.  15  amended,  1945,  336  §  2. 

Sects.  17  and  18  added,  under  caption  "state  board  of  housing", 
1933,  364  §  1  (establishing  within  the  department  a  state  board  of 
housing). 

Sect.  17  amended,  1935,  449  §  1;   1938,  485  §  1.    (See  1938,  485  §  2.) 

Sect.  18  amended,  1935,  449  §  lA;  first  sentence  revised,  1941, 
596  §  14. 


1058  Changes  in  the  [Chaps.  19-21. 


Chapter  19.  —  Department  of  Mental  Health  (former  title,  Department  of 

Mental  Diseases). 

Sect.  1  revised,  1938,  486  §  2;  1939,  511  §  1.  (See  1938,  486  §§  1, 

21  22*  1939  511  §  3.) 

Sect.  2  revised,  1938,  486  §  3;   1939,  511  §  2.    (See  1938,  486  §§21, 

22;  1939,511  §3.) 

Sect.  3  repealed,  1938,  486  §  4. 

Sect.  4  revised,  1938,  486  §  5.     (See  1938,  486  §§  21,  22.) 
Sect.  4A  amended,  1938,  486  §  6.    (See  1938,  486  §§  21,  22.) 
Sect.  5  amended,  1935,  314  §  2,  421  §  3.    (See  1935,  421  §§  5,  6.) 

Chapter  20.  —  Department  of  Agriculture. 

Sect.  4  amended,  1933,  74  §  1;  revised,  1934, 340  §  1;  amended,  1941, 

490  §  2;  revised,  1941,  596  §  15;  amended,  1943,  447.    (See  1934,  340 

§18.) 

Sect.  6  added,  1934,  340  §  2  (experts  and  assistants  in  division  of 
livestock  disease  control).    (See  1934,  340  §  18.) 

Sects.  7-9  added,  under  caption  "division  of  milk  control",  1941, 
691  §  1.     (See  1941,  691  §§  3-6.) 

Sect.  7  revised,  1945,  497  §  1.    (See  1945,  497  §  2.) 

(For  prior  temporary  legislation,  see  1934,  376;  1936,300;  1938,334; 
1939,413;   1941,418  §  1;  631  §  1.) 

Chapter  21.  —  Department  of  Conservation. 

Sect.  1  amended,  1934,  340  §  3;  revised,  1939,  491  §  1.  (See  1934, 
340  §  18;  1939,491  §  12.) 

Sect.  3  revised,  1933,  75  §  1;  amended,  1934,  340  §  4;  revised,  1939, 

491  §  2.     (See  1934,  340  §  18;  1939,  491  §  12.) 
Sects.  3A  and  3B  repealed,  1932,  180  §  4. 

Sect.  4  revised,  1939,  491  §  3.     (See  1939,  491  §  12.) 
Sect.  6  revised,  1939,  491  §  4.     (See  1939,  491  §  12.) 
Sect.  6A  inserted,  1941,  599  §  3  (establishing  a  bureau  of  law  enforce- 
ment in  the  division  of  fisheries  and  game).    (See  1941,  599  §  4A.) 
Sect.  7  revised,  1933,  329  §  3;  1937,  413  §  1.    (See  1937,  413  §§  3,  4.) 
Sect.  7A  added,  1934,  173  §  1  (establishing  the  office  of  state  orni- 
thologist in  the  division  of  fisheries  and  game);  revised,  1939,  491  §  5. 
(See  1934,  173  §  2;  1939,  491  §  12.) 

Sects.  7B  and  7C  added,  1939,  491  §  6  (relative  to  the  division  of 
wildlife  research  and  management).    (See  1939,  491  §  12.) 
Sect.  8  repealed,  1939,  491  §  7.     (See  1939,  491  §  12.) 
Sect.  8A  revised,  1933,  329  §  4.    Section  stricken  out  and  new  sec- 
tions 8A-8C  added,  1939,  491  §  8.    (See  1939,  491  §  12.) 

Sects.  8B-8C  stricken  out  and  new  sections  8B-8D  inserted,  1941, 
598  §  6.     (See  1941,  598  §§  8,  9.) 

Sects.  9  and  10  repealed,  1934,  340  §  5.     (See  1934,  340  §  18.) 
Sect.  11  revised,  1933,  75  §  2;   section  and  its  caption  stricken  out 
and  new  section  inserted  under  the  caption  "division  of  parks  and 
recreation",  1939,  491  §  9.     (See  1939,  491  §  12.) 
Sect.  12  revised,  1933,  75  §  3;  amended,  1941,  490  §  3. 


Chaps.  22,  23.]  GENERAL   LaWS.  1059 


Chapter  22.  —  Department  of  Public  Safety. 

Sect.  7B  added,  1945,  631  (relative  to  payment  of  compensation  for 
injuries  or  death  of  officers  or  inspectors  of  the  department  of  piibHc 
safety  performing  police  services). 

Sect.  9A,  sentence  added  at  end,  1939,  503  §  4;  same  sentence  re- 
vised, 1943,  175.     (See  1939,  503  §  5.) 

Sect.  9B  amended,  1939,  508  §  11. 

Sect.  9C  added,  1933,  239  (relative  to  the  uniform  of  members  of  the 
state  pohce). 

Sect.  9D  added,  1945,  694  (relative  to  time  off  for  certain  members 
of  the  division  of  state  police). 

Sect.  11  revised,  1945,  643  §  1.    (See  1945,  643  §  3.) 

Sect.  13  added,  1943,  544  §  1  (establishing  within  the  department 
of  public  safety,  a  board  of  standards  and  appeals) ;  revised,  1945,  645 
§  1;  first  two  sentences  revised,  1945,  722  §  3.  (See  1943,  544,  §  7; 
1945,  645  §§  5,  6;  722  §  4.) 

Sect.  14  added,  1945,  710  §  1  (establishing  within  the  department 
of  public  safety  a  board  of  fire  prevention  regulations).  (See  1945, 
710  §  18.) 

Chapter  23-  —  Department  of  Labor  and  Industries. 

Sect.  2  revised,  1943,  321. 

Sect.  3  amended,  1934,  331  §  1;  two  sentences  revised,  1935,  479  §  1; 
section  amended,  1941,  490  §  4.    (See  1935,  479  §  7.) 

Sect.  4  amended,  1934,  331  §  2;  1935,  479  §  2;  first  two  sentences 
amended,  1939,  261  §  1;  section  amended,  1941,  490  §  5;  first  two  sen- 
tences revised,  1941,  596  §  16;  same  two  sentences  revised,  1941, 
707  §  1.     (See  1939,  261  §  25.) 

Sect.  5  amended,  1935,  479  §  3.     (See  1935,  479  §  7.) 

Sect.  8  amended,  1939,  261  §  2.     (See  1939,  261  §  25.) 

Sect.  9  revised,  1935,  60  §  1. 

Sect.  9A  revised,  1932,  99;  repealed,  1933,  73. 

Sect.  9B  repealed,  1933,  73. 

Sect.  9C  revised,  1932,  187;  repealed,  1933,  73. 

Sect.  9D  repealed,  1939,  261  §  3. 

Sect.  9E  amended,  1941,  490  §  6. 

Sect.  9G  amended,  1939,  459  §  2.     (See  19.39,  459  §  3.) 

Sect.  9H  revised,  1933,  362;  1939,  261  §  4. 

Sects.  9I-9N  added,  1935,  479  §  4  (estabhshing  the  Unemployment 
Compensation  Commission,  and  defining  its  powers  and  duties) ;  same 
sections  revised  and  the  powers  and  duties  of  the  commission  conferred 
and  imposed  upon  the  director  of  the  division  of  unemployment  com- 
pensation, 1939,  20  §  1;  name  of  said  division  changed  to  division  of 
employment  security,  1941,  685  §  4.  (See  1935,  479  §§  6,  7;  1939, 
20  §§  6,  7,  8,  9.) 

Sect.  91,  paragraph  (a)  revised,  1941,  685  §  4;  709  §  4;  paragraph  (6) 
revised,  1941,  596  §  17.     (See  1941,  685  §  6;    709  §§  1-3.) 

Sect.  9K,  first  sentence  revised,  1941,  709  §  5.    (See  1941,  709  §§  1-3.) 

Sect.  9L  amended,  1941,  709  §  6. 

Sect.  9N,  paragraph  (6)  revised,  1941,  611  §  1;  section  revised,  1941, 
685  §  5.     (See  1941,  611  §§  2,  3,  685  §  6.) 


1060  Changes  in  the  [Chats.  24, 25. 

Sects.  90-9R  added,  under  the  caption  "labor  relations  com- 
mission", 1938,  345  §  1  (incorporating  the  provisions  of  1937,  436  rela- 
tive to  the  labor  relations  commission  as  an  addition  to  the  general 
laws).     (See  1938,  345  §§  3,  4.) 

Sect.  11 A  (and  caption)  added,  1934,  331  §  3  (division  of  occupa- 
tional hygiene). 

Sects.  IIB-IID  added,  under  the  caption  "the  Massachusetts 
development  and  industrial  commission",  1937,  427  (establishing 
the  Massachusetts  development  and  industrial  commission  for  the  pro- 
motion and  development  of  the  industrial,  agricultural  and  recreational 
resources  of  the  commonwealth). 

Sect.  IIC  revised,  1941,  596  §  17A. 

Sects.  IIE-IIL  added,  under  the  caption  "division  of  apprentice 
training",  1941,  707  §  2.  (For  prior  temporarj^  legislation  see  1938, 
448;  1939,  471.) 


Chapter  24.  —  Department  of   Industrial  Accidents. 

Sect.  3B  added,  1945,  60  (establishing  a  division  of  self-insurance  in 
the  department  of  industrial  accidents,  and  defining  its  powers  and 
duties) . 

Chapter  25.  —  Department  of  Public  Utilities. 

Sect.  4  revised,  1938,  221. 

Sect.  8A  added,  1939,  442  §  2  (authorizing  the  appointment  of  em- 
ployees for  the  administration  and  enforcement  of  the  sale  of  securities 
law). 

Sect.  9A  added,  1933,  76  §  2  (providing  for  certain  employees  serv- 
ing directly  under  the  commission  of  the  department  to  perform  its 
duties  relative  to  smoke  abatement  in  Boston  and  vicinity) ;  repealed, 
1934,  352  §  2. 

Sect.  10  amended,  1933,  76  §  3;  1934,  352  §  3;  1939,  442  §  3. 

Sect.  lOA  added,  1933,  76  §  4  (providing  for  the  apportionment  of 
expenses  incurred  bj^  the  department  in  the  performance  of  its  duties 
relative  to  smoke  abatement  in  Boston  and  vicinity);  repealed,  1934, 
352  §  4. 

Sects.  11  and  12  repealed,  1935,  411  §  1.     (See  1935,  411  §  2.) 

Sect.  12A  revised,  1938,  445  §  1;  repealed,  1939,  442  §  1. 

Sect.  12B  revised,  1932,  290  §  2;  repealed,  1939,  442  §  1. 

Sects.  12C-12F  repealed,  1933,  76  §  1;  new  sections  12C-12E  added, 
under  caption  "division  of  smoke  inspection",  1934,  352  §  1. 

Sect.  12C  revised,  1941,  596  §  18. 

Sect.  12F  added,  1935,  405  §  1  (establishing  in  the  department  a  com- 
mercial motor  vehicle  division,  under  the  charge  of  a  director  thereof) ; 
phrase  added  at  end,  1935,  477  §  2;  section  amended,  1939,  335  §  1; 
revised,  1941,  596  §  19;  new  sentence  added  at  end,  1941,  653  §  1.  (See 
1939,  335  §  2.) 

Sect.  12G  added,  1936,  117  (authorizing  the  director  of  the  commer- 
cial motor  vehicle  division  in  the  department  of  public  utilities  to  sum- 
mon witnesses,  administer  oaths  and  take  testimony). 


Chaps.  20  29.)  GENERAL   LaWS.  1061 


Chapter  26.  —  Department  of  Banking  and  Insurance. 

For  temporary  legislation  providing  for  the  liquidation  of  certain 
trust  companies,  s(>e  1939,  515;    1941,  143;   1943,  122. 
Sect.  2  amended,  1943,  315. 
Sect.  3  revised,  1941,  596  §  20. 
Sect.  4  revised,  1941,  596  §  21. 
Sect.  6  amended,  1943,  317. 
Sect.  8A  revised,  1934,  2;  amended,  1935,  419. 
Sect.  10,  sentence  added  at  end,  1943,  346. 


Chapter  27.  —  Department  of  Correction. 

Sect.  2  revised,  1939,  90;  1941,  596  §  22. 

Sect.  4  repealed,  1941,  690  §  7. 

Sect.  5  revised,  1934,  350  §  1;  1937,  399  §  1.  (See  1934,  350  §§  2-4; 
1937,  399  §§  3-6.) 

Sect.  5 A  added,  1941,  690  §  6  (relative  to  the  employment  of  agents 
and  employees  of  the  parole  board  to  perform  duties  in  connection  with 
the  release  of  prisoners;;  last  sentence  stricken  out,  1945,  449  §  1, 
(See  1941,  690  §§  8,  10.) 


Chapter  28.  —  Metropolitan  District  Commission. 

Sect.  3  revised,  1936,  244  §  1;  1941,  596  §  23.  (See  1936,  244  §  4.) 
Sect.  4  amended,  1936,  244  §  2.  (See  1936,  244  §  4.) 
Sects.  5  and  6  repealed,  1941,  466  §  6. 


Chapter  29.  —  State  Finance. 

For  temporary  legislation  as  to  emergency  state  financing,  see  1933, 
49,  104,  307,  34i,  365,  367,  368;  1934,  41,  66,  313,  335;  1935,  221,  300, 
380,  392,  456;  1936,  309;  1937,  338;  1938,  20,  57,  481,  501  §  3;  1939, 
288,  417,  418,  496;    1941,  129;    1943,  413;   1945,  324. 

For  legislation  relative  to  the  collection  of  certain  taxes  and  other 
charges  due  the  commonwealth,  see  1943,  568;   1945,  325;   712. 

For  legislation  providing  for  the  estabhshment  of  a  surplus  commodity 
stamp  trust  fund,  see  1942,  9,  17. 

Sect.  1,  paragraph  added  at  end,  1939,  502  §  1;  same  paragraph 
revised,  1941,  509  §  2;  same  paragraph  stricken  out,  1945,  242  §  2. 
(See  1941,  509  §  9.) 

Sect.  3  revised,  1939,  502  §  2;  amended.  1945,  242  §  3. 

Sect.  4  amended,  1939,  502  §  3;    1945,  242  §  4. 

Sect.  5  revised,  1939,  502  §  4;  1941,  656  §  2;  1945,  242  §  5;  637  §  2. 
(See  1941,  656  §  17;    1945,  279.) 

Sect.  5A  amended,  1939,  502  §  5;   1945,  242  §  6. 

Sect.  6  amended,  1937,  426  §  1;  revised,  1939,  502  §  6;  amended, 
1941,  490  §  7;  656  §  3;  revised,  1945,  242  §  7;  fifth  sentence  revised, 
1945,  548  §  2.    (See  1937,  426  §  2;   1941,  656  §  17;   1945,  548  §  3.) 

Sect.  8A  added,  1939,  427  (relative  to  competitive  bidding  on  state 
contracts);  revised,  1941,  547  §  1. 


1062  ('haMGES    in    the  ICuah.  30. 

Sect.  9A  revised,  1939,  502  §  7;  amended,  1941,  656  §  4;  1945,  242 
§  8.    (See  1941,  656  §  17.) 

Sect.  9B  added,  1941,  564  §  1  (providing  for  the  allotment  of  certain 
appropriations  by  the  governor).    (See  1941,  564  §  2.) 

Sect.  10  amended,  1936,  256;  revised,  1939,  502  §  8;  1941,  656  §  5; 
amended,  1945,  242  §  9;  repealed,  1945,  637  §  3.  (See  1941,  656  §  17; 
1945,  279.) 

Sect.  11  amended,  1939,  502  §  9;  1941,  656  §  6;  repealed,  1945, 
242  §  10.    (See  1941,  656  §  17.) 

Sect.  12  amended,  1939,  502  §  10;  revised,  1945,  242  §  11;  637  §  4. 
(See  1945,  279.) 

Sect.  14  revised,  1939,  502  §  11;   1945,  242  §  12. 

Sect.  18,  last  sentence  revised,  1945,  248  §  3.    (See  1945,  248  §§  4,  5.) 

Sect.  20A  added,  1937,  407  (relative  to  public  inspection  of  certain 
orders  and  claims,  in  advance  of  approval  or  rejection  thereof,  in  con- 
nection with  state  contracts). 

Sect.  25  amended,  1941,  656  §  7.     (See  1941,  656  §  17.) 

Sect.  26  revised,  1939,  502  §  12;  amended,  1941,  656  §  8;  1945,  242 
§  13.    (See  1941,  656  §  17.) 

Sect.  27  amended,  1937,  359;  revised,  1939,  502  §  13;  amended, 
1941,  656  §  9.    (See  1941,  656  §  17.) 

Sect.  29  amended,  1939,  502  §  14;   1943,  345. 

Sect.  31,  last  sentence  amended,  1932,  127  §  2;  section  amended, 
1941,  508;  last  sentence  amended,  1945,  545;  section  revised,  1945, 
635  §  1. 

Sect.  34  amended,  1936,  333. 

Sect.  38,  subdivision  (h)  added,  1934,  356;  first  paragraph  amended, 
1945,  658  §  7.    (See  1945,  658  §  11.) 

Sect.  47  stricken  out  and  sections  47,  47A  inserted,  1945,  637  §  5. 
(See  1945,  279.) 

Sect.  48A  added,  1937,  252  (authorizing  the  use  of  facsimile  signa- 
tures of  the  governor  on  certain  bonds  and  notes  of  the  commonwealth). 

Sect.  50  revised,  1939,  502  §  15;  1941,  656  §  10;  1945,  242  §  14. 
(See  1941,  656  §  17.) 

Sect.  62  repealed,  1943,  83  §  2. 

Sect.  63  added,  1937,  157  (providing  for  taxpayers'  petitions  for  en- 
forcement of  certain  provisions  of  law  relative  to  state  finance). 

Chapter   30.  —  General    Provisions    Relative    to    State    Departments,    Com- 
missions, Officers  and  Employees. 

For  temporary  act  increasing  the  salaries  of  certain  officers  and  em- 
ployees in  the  service  of  the  commonwealth,  see  1942,  12;  1943,  170, 
562;    1945,  416. 

Provisions  relative  to  expenses  incurred  for  certain  meals  bv  state 
emplovees,  1933,  174  §  8;  1934,  162  §  6;  1935,  249  §  7;  1936,  304  §  7; 
1937,  234  §6;  1938,  356  §5;  1939,  309  §4;  1941,  419  §4;  1943,  68  §  4; 
370  §  4. 

Provisions  relative  to  the  purchase  of  passenger  automobiles,  1939, 
309  §  4:   1941,  419  §  4:   1943,  68  §  4;  370  §  4. 

Provisions  relative  to  expenses  incurred  by  state  employees  in  the 
operation  of  motor  vehicles,  1939,  309  §  5;  1941,  419  §  5;  1943,  68  §  5; 
370  §  5;   1945,  404  §  5;  682  §  4. 


riHAi'.  ai.]  General  T.aws.  1063 

For  legislation  relative  to  commencement  of  terms  of  certain  state 
officers,  see  1939,  304. 

Sect.  7  revised,  1937,  414  §  1;  amended,  1941,  512. 

Sect.  24  revised,  1937,  430;    1945,  508. 

Sect.  24A  added,  1945,  565  (relative  to  compensation  for  state  em- 
ployees who  are  required  to  work  on  state- wide  legal  holidays). 

Sect.  28  revised,  1941,  656  §  11.     (See  1941,  656  §  17.) 

Sect.  30A  amended,  1945,  580  §  5. 

Sect.  32  revised,  1939,  499  §  4;   1945,  292  §  4. 

Sect.  32A  added,  1939,  499  §  4A  (relative  to  the  force  and  effect  of 
rules  and  regulations  included  in  annual  reports);  repealed,  1945,  292 
§5. 

Sect.  33  revised,  1939,  499  §  5;    1945,  292  §  6. 

Sect.  33A  amended,  1939,  499  §  6;   1945,  292  §  7. 

Sect.  35  amended,  1945,  580  §  6.  (See  1945,  580  §  9.) 

Sect.  39  revised,  1934,  351;  amended,  1935,  217  §  1;  revised,  1935, 
472  §  1. 

Sect.  42  revised,  1936,  359;  amended,  1941,  450  §  1. 

Sect.  44B  added,  1941,  678  §  1  (relative  to  pipe  lines  for  conveying 
petroleum  and  its  products  and  bj^-products). 

Sect.  47,  last  sentence  revised,  1941,  656  §  12;  same  sentence  stricken 
out,  1945,  637  §  6.    (See  1941,  656  §  17;   1945,  279.) 

Sects.  53-57  added,  1945,  485  (providing  for  the  prompt  disposition 
of  certain  grievances  of  state  employees  relating  to  their  employment). 


Chapter  31.  —  Civil  Service. 

For  temporary  legislation  protecting  the  civil  service  rights  of  cer- 
tain persons  in  the  military  or  naval  service  of  the  United  States,  see 
1941,  708;    1943,  172,  338,  548;    1945,  610. 

For  temporar}^  legislation  relative  to  transfers  of  civil  service  em- 
ployees during  the  present  emergency,  see  1943,  492. 

Sect.  1,  definitions  contained  in  fourth  to  eighth  lines  revised,  1939, 
238  §  9;  revised,  1945,  703  §  1.    (See  1939,  238  §§  52-55.) 

Sect.  2  revised,  1939,  238  §  10;   1945,  725  §  1. 

Sect.  2 A  added,  1939,  238  §  11  (relative  to  the  duties  of  the  director 
of  civil  service);  clause  (b)  revised,  1939,  506  §  1;  clause  (e)  revised, 
1941,  402  §  2;  clause  (c)  amended,  1941,  721;  section  revised,  1945, 
725  §  2.     (See  1939,  238  §§  52-55.) 

Sect.  3,  clause  (g)  added,  1937,  223  (giving  preference  to  blind  per- 
sons in  the  employment  of  typists  in  certain  cases  by  state  depart- 
ments, boards  and  commissions);  section  amended,  1939,  238  §  12; 
revised,  1939,  498  §  1;  clause  (a)  revised,  1941,  190;  section  revised, 
1945,  702.     (See  1939,  238  §§  51-55.) 

Sect.  4,  fourth  paragraph  amended,  1938,  72;  paragraph  in  line  19 
stricken  out  and  new  paragraph  inserted,  1941,  49;  sixth  paragraph  re- 
vised, 1932,  282  §  1;  section  amended,  1939,  238  §  13;  paragraph 
added  at  end,  1939,  256  §  1;  paragraphs  added  at  end  by  1941,  625 
§  1,  1941,  627  §  1  and  1941,  686  §  2,  respectively;  paragraphs  added  at 
end  by  1943,  246  §  1  and  1943,  402  §  1,  respectively;  section  revised, 
1945,  701  §  4.    (See  1932,  282  §  4;   1943,  246  §  2;  402  §  2.) 


10G4  Chances  IN  THE  [Chap.  r>]. 

Sect.  5  amended,  1935,  405  §  2;  1930,  244  §  3;  1939,  238  §  14;  re- 
vised, 1941,  402  §  3;   amended,  1945,  355;   701  §  4A. 

Sect.  5A  added,  1937,  414  §  2  (relative  to  the  employment  by  cer- 
tain municipal  officers  of  persons  to  serve  in  a  confidential  capacity). 

Sect.  6,  sentence  added  at  end,  1932,  260;  section  amended,  1939, 
238  §  15. 

Sect.  6A  added,  1935,  228  (dispensing  with  educational  requirements 
as  a  condition  of  taking  certain  civil  service  examinations). 

Sect.  7  revised,  1939,  397. 

Sect.  8  amended,  1939,  238  §  16;  revised,  1939,  396;   1945,  703  §  3. 

Sect.  10  revised,  1939,  238  §  17;  1939,  498  §  2;  last  sentence  stricken 
out  and  five  sentences  inserted,  1945,  703  §  4. 

Sect.  12  amended,  1939,  238  §  18;  revised,  1945,  704  §  1. 

Sect.  12A  added,  1945,  704  §  2  (providing  procedure  for  reviewing 
markings  on  civil  service  examination  papers) . 

Sect.  13  amended,  1938,  174  §  2;   revised,  1945,  703  §  5. 

Sect.  13 A  amended,  1939,  238  §  19;   revised,  1945,  725  §  3. 

Sect.  14  amended,  1939,  238  §  20;  repealed,  1945,  725  §  5. 

Sect.  15  revised,  1939,  238  §  21;  1939,  506  §  2;  1941,  491;  second 
paragraph  revised,  1945,  704  §  3;  last  paragraph  stricken  out  and 
three  paragraphs  inserted,  1945,  704  §  4. 

Sect.  15A  added,  1933, 267  (restricting  the  appointment  of  persons  for 
temporary  employment  under  the  civil  service  laws);  amended,  1934, 
105;  repealed,  1943,  523. 

Sect.  15B  added,  1943,  520  (authorizing  certain  promotions  from  the 
labor  service  to  tiie  official  service  of  a  department,  board  or  commis- 
sion under  the  civil  service  laws). 

Sects.  15C  and  15D  added,  1945,  704  §  5  (requiring  lists  of  civil 
service  officers  and  employees  to  be  filed  annually  with  the  director  of 
civil  service  and  establishing  the  method  of  determining  seniority). 

Sect.  16A  added,  1939,  506  §  3  (relative  to  transfers  under  the  civil 
service  laws);   revised,  1945,  703  §  6. 

Sect.  17  amended,  1934,  94;  revised,  1939,  76;  amended,  1939,  238 
§22. 

Sect.  18  amended,  1939,  238  §  23;  revised,  1945,  703  §  9. 

Sect.  18A  added,  1941,  627  §  4  (positions  in  the  labor  service  of  the 
department  of  public  works  to  be  classified  by  districts);  sentence 
added  at  end,  1945,  389. 

Sect,  19A  added,  1932,  146  (relative  to  appointments  to  the  regular 
fire  forces  in  certain  cities  having  reserve  fire  forces) ;  amended,  1939, 
238  §  24;  revised,  1941,  38;  amended,  1943,  530. 

Sect.  20  amended,  1939,  238  §  25;  revised,  1939,  419  §  3;  1945, 
704  §  6. 

Sect.  20A  amended,  1939,  238  §  26;  revised,  1941,  39. 

Sect.  20B  added,  1937,  416  §  3  (providing  for  appointments  to  the 
regular  police  force  of  the  metropolitan  district  commission  from  the 
list  of  members  of  the  reserve  police  force);  amended,  1939,  238  §  27; 
repealed,  1939,  441  §  2.    (See  1937,  416  §  5;  repealed,  1939,  441  §  3.) 

Sect.  20C  added,  1941,  621  (relative  to  appointments  to  the  regular 
police  force  in  certain  cities  and  towns). 

Sect.  20D  added,  1945,  703  §  2  (relative  to  the  serving  of  probation- 
ary periods  in  offices  and  positions  subject  to  civil  service). 


Chap.  31.]  GENERAL   LaWS.  1065 

Sect.  21  amended,  1932,  89;  revised,  1933,  137;  amended,  1939, 
238  §  28;   1943,  194,  469. 

Sect.  22  amended,  1939,  238  §  29. 

Sect.  23  amended,  1939,  238  §  30. 

Sect.  24  amended,  1939,  238  §  31. 

Sect.  25  amended,  1939,  238  §  32. 

Sect.  29  amended,  1939,  238  §  33;  revised,  1945,  725  §  4. 

Sect.  30  amended,  1939,  238  §  34;  repealed,  1945,  725  §  5. 

Sect.  31  amended,  1939,  238  §  35;  revised,  1939,  422  §  1. 

Sect.  31 A  added,  1939,  422  §  2  (relative  to  the  making  of  reports  by 
department  heads  pertaining  to  civil  service  employees). 

Sect.  31B  added,  1941,  165  §  1  (relative  to  the  preparation  and  keep- 
ing of  rosters  of  positions  in  the  classified  civil  service  and  incumbents 
thereof  in  connection  with  the  payment  of  salaries  or  compensation). 
(See  1941,  165  §  2.) 

Sect.  32  amended,  1939,  238  §  36;  revised,  1939,  420  §  1. 

Sect.  32A  added,  1939,  420  §  2  (providing  that  records  and  files  re- 
lating to  civil  service  employees  be  public  records);  repealed,  1945, 
703  §  10. 

Sect.  33  amended,  1939,  238  §  37;  revised,  1939,  420  §  3. 

Sect.  34  amended,  1939,  238  §  38;  revised,  1939,  420  §  4. 

Sect.  35  repealed,  1941,  559. 

Sect.  36  amended,  1939,  238  §  39;   revised,  1945,  701  §  1. 

Sect.  37  amended,  1939,  238  §  40. 

Sect.  38  amended,  1939,  238  §  41;  revised,  1939,  422  §  3. 

Sect.  39  amended,  1939,  238  §  42. 

Sect.  40  amended,  1939,  238  §  43;   repealed,  1945,  703  §  10. 

Sect.  42  amended,  1939,  238  §  44. 

Sect.  42A  repealed,  1945,  667  §  4. 

Sect.  42B  repealed,  1945,  667  §  4. 

Sect.  43  revised,  1945,  667  §  1. 

Sect.  45  amended,  1934,  249  §  2;  revised,  1945.  667  §  2. 

Sect.  45A  added,  1934,  190  (providing  a  method  of  avoiding  multi- 
plicity of  petitions  for  judicial  review  to  determine  seniority  rights  in 
the  classified  labor  service);  amended,  1941,  166. 

Sect.  45B  added,  1941,  135  (requiring  clerks  of  district  courts  to  fur- 
nish certain  information  to  the  director  of  civil  service);  amended, 
1945,  667  §  3. 

Sect.  46  amended,  1932,  282  §  2;  revised,  1934,  249  §  1;  amended, 
1941,  257;  repealed,  1945,  667  §  4. 

Sect.  46B  amended,  1939,  238  §  45;  repealed,  1945,  667  §  4. 

Sects.  46C  and  46D  added,  1933,  320  (providing  for  the  reinstate- 
ment of  certain  municipal  officers  and  employees). 

Sect.  46C  amended,  1934,  84;  1936,  66;  revised,  1938,  297  §  1; 
amended,  1939,  238  §  46;  revised,  1945,  704  §  8. 

Sect.  46D  repealed,  1945,  704  §  7. 

Sect.  46E  added,  1934,  207  (providing  that  a  leave  of  absence  of  less 
than  six  months  shall  not  be  deemed  a  separation  from  the  classified 
civil  service  in  certain  cases);  first  paragraph  revised,  1945,  703  §  7; 
paragraph  added  at  end,  1936,  297;  same  paragraph  amended,  1939, 
238  §  47;   1941,  136. 


1066  Changes  in  the  [Chap.  32. 

Sect.  46F  added,  1935,  337  (providing  for  the  reinstatement  of  mem- 
bers of  the  police  force  of  the  metropolitan  district  commission  in  cer- 
tain cases);  amended,  1939,  238  §  48;  repealed,  1945,  704  §  7. 

Sect.  46G  added,  1935,  408  (relative  to  seniority  rights  in  respect  to 
the  suspension  and  re-employment  of  persons  in  the  classified  civil  serv- 
ice in  certain  cases);  revised,  1938,  297  §  2;   1945,  704  §  9. 

Sect.  46H  added,  1936,  287  §  1  (providing  for  the  reinstatement  in 
the  classified  civil  service  of  retired  municipal  officers  and  employees  in 
certain  cases  of  invalid  retirement);  amended,  1939,  238  §  49. 

Sect.  461  added,  1945,  703  §  8  (providing  for  the  establishment  of 
re-employment  lists  of  persons  separated  from  the  official  or  labor 
service  otherwise  than  by  resignation  or  discharge). 

Sect.  47  revised,  1945,  701  §  2. 

Sect.  47A  added,  1941,  195  (providing  that  certain  employees  in  the 
classified  public  service  shall  not  be  subject  to  a  probationary  period) ; 
revised,  1945,  701  §  3. 

Sect.  47B  added,  1941,  290  (relative  to  the  classification  and  estab- 
lishment of  seniority  of  certain  civil  service  employees) ;  revised,  1945, 
701  §  5. 

Sects.  47C  and  47D  added,  1941,  402  §  1  (establishing  a  merit  system, 
substantially  similar  to  the  civil  service  system,  for  certain  officers  and 
employees  of  local  boards  of  public  welfare).    (See  1941,  402  §§  4-9.) 

Sect.  47C  amended,  1941,  588  §  1.     (See  1941,  588  §  3.) 

Sect.  48  revised,  1945,  701  §  6. 

Sect.  49  repealed,  1945,  701  §  7. 

Sect.  49A  added,  1939,  183  (authorizing  cities  and  towns  to  place 
certain  offices  under  the  civil  service  laws  by  vote  of  the  voters  thereof) ; 
revised,  1941,  414;  revised,  1945,  701  §  8. 


Chapter  32.  —  Retirement  Systems  and  Pensions. 

For  temporary  legislation  protecting  the  retirement  rights  of  certain 
persons  in  the  mihtary  or  naval  service  of  the  United  States,  see  1941, 
708;   1943,  172,  419,  548;   1945,  455,  610,  699. 

For  legislation  relative  to  the  abofition  of  non-contributory  pensions 
and  retirement  allowances  for  employees  of  counties,  cities,  towns  and 
districts  under  special  acts,  see  1934,  285  §  10;   1937,  102  §  10. 

For  legislation  relative  to  the  temporary  re-employment  of  former 
officers  and  employees  of  the  commonwealth  or  of  an,y  political  sub- 
division thereof  during  the  continuance  of  the  existing  state  of  war 
between  the  United  States  and  anv  foreign  country,  see  1942,  16;  1943, 
502. 

Sect.  1,  new  paragraph  added,  1934,  360  §  1.  (See  1934,  360  §  5; 
1937,  271.) 

Sect.  2,  paragraphs  (10)  and  (11)  revised,  1935,  390. 

Sect.  3,  paragraph  (4)  revised,  1932,  268. 

Sect.  4,  sentence  added  at  end  of  paragraph  (S)  A  (c),  1934,  360  §  2; 
paragraph  (3)  amended,  1936,  370  §  1.  (See  1934,  360  §  5;  1936, 
370  §  2;  1937,  271.) 

Sect,  5,  paragraph  added  at  end  of  paragraph  (3)  C  (c),  1934,  360 
§  3;  paragraph  H  added  at  end,  1934,  360  §  4.  (See  1934,  360  §  5; 
1937,  271.) 


Chap.  32.]  GENERAL    LaVVS.  1U67 

Sects.  1-5 y  as  amended,  stricken  out  and  sixteen  new  sections  1-5 A  in- 
serted, 1938,  439  §  1.    (See  1938,  439  §§  6,  7;   1939,  16  §§  1,  2.) 

The  following  references  to  sections  1  to  5A  apply  to  sections  inserted 
by  1938,  439  §  1: 

Sect.  1,  definition  of  "IMember"  revised,  1941,  379  §  1. 

Sect.  2,  paragraph  (5)  amended,  1941,  194  §  3;  paragraph  (14) 
amended,  1939,  503  §  1;  subparagraph  entitled  "Group  1 "  of  paragraph 
(14)  amended,  1945,  630;  paragraph  (15)  stricken  out  and  new  para- 
graphs (14A)  and  (15)  inserted,  1939,  503  §  2;  paragraph  (16)  amended, 
1939,  433.    (See  1939,  503  §  5.) 

Sect.  4,  paragraph  (1)  (a)  amended,  1941,  670  §  1. 

Sect.  4F,  paragraph  (1)  revised,  1941,  379  §  2,  722  §  2;  paragraph  (2) 
revised,  1941,  722  §  3;  paragraph  (4)  revised,  1941,  379  §  3. 

Sect.  4H,  paragraph  added  at  end,  1941,  379  §  4. 

Sect.  5A,  paragraph  (3)  (a)  amended,  1939,  451  §  3;  paragraph  (8) 
revised,  1939,  508  §  12;    1945,  38  §  5. 

Sect.  6,  definition  of  "Teacher"  amended,  1937,  232  §  1;  same  defi- 
nition revised,  1938,  444  §  1;  paragraph  defining  "Salary"  inserted, 
1941,  671  §  1.     (See  1941,  671  §§  2,  3.) 

Sect.  7,  first  sentence  of  paragraph  (3)  revised,  1937,  232  §  2;  same 
paragraph  amended,  1938,  385;  paragraph  (4)  amended,  1932,  127 
§  18;  paragraph  (5)  added,  1937,  232  §  3;  paragraph  (6)  added,  1938, 
444  §  2.     (See  1937,  232  §  4.) 

Sect.  9,  paragraph  (1)  amended,  1939,  508  §  13;  paragraph  (2)  re- 
vised, 1937,  438  §  1;  amended,  1939,  508  §  14;  revised,  1943,  498; 
last  sentence  amended,  1945,  38  §  6;  paragraph  (5)  added  at  end,  1937, 
302;    paragraph  (6)  added,  1938,  444  §  3.     (See  1939,  508  §  17.) 

Sect.  10,  paragraph  (2)  revised,  1932,  255;  paragraph  (4)  amended, 
1937,  438  §  2;  paragraph  (8)  amended,  1936,  386  §  1;  paragraph  (10) 
amended,  1936,  386  §  2,  revised,  1937,  438  §  3;  paragraphs  (11)  and 
(12)  stricken  out,  1937,  438  §  4;  paragraph  (17)  amended,  1938,  444  §  4; 
paragraph  (19)  revised,  1938,  444  §  5;  paragraph  (20)  added,  1938, 
444  §  6. 

Sect.  11,  paragraph  (1)  revised,  1943,  337  §  1;  paragraph  (2)  stricken 
out,  1943,  337  §  2:  paragraph  (5)  revised,  1936,  400  §  2.  (See  1943, 
337  §  3.) 

Sect.  16,  paragraph  (2)  revised,  1939,  508  §  15;    1945,  292  §  8. 

Sect.  19,  second  paragraph  revised,  1939,  451  §  4. 

Sect.  20,*  paragraph  added,  1934,  258  §  1. 

Sect.  23,*  paragraph  (5)  revised,  1934,  258  §  2. 

Sect.  24,*  paragraph  {2)  A  amended,  1935,  243. 

Sect.  25,*  paragraph  {2)  A  (b)  revised,  1936,  301  §  1;  paragraph 
(2)  B  (6)  revised,  1936,  301  §  2;  paragraph  (F)  added  at  end,  1936, 
301  §  3. 

Sects.  20-25,  as  amended,  and  the  heading  before  said  section  20, 
stricken  out  and  new  sections  20-251  inserted,  under  heading  "county 

AND  certain  hospital  DISTRICT  RETIREMENT  SYSTEMS",   1936,  400   §   1 

(providing  for  contributory  retirement  systems  for  counties  and  certain 
hospital  districts).    (See  1936,  400  §  5;  1937,  336  §  3.) 


'  See  later  amendments  to  sections  20  to  25,  inclusive. 


1068  Changes  in  rim  [Chai'.  32. 

The  following  references  to  sections  20-251  apply  to  sections  inserted  by 
1936,  400  §  1 : 

Sect.  20,  definitions  of  "Employee"  and  of  "Regular  interest"  re- 
vised, 1937,  336  §  1;  definition  of  "Employee"  revised,  1938,  217,  464 
§  3;  definition  of  "Member"  revised,  1941,  379  §  5. 

Sect.  21,  paragraph  (1)  (a),  revised,  1939,  158  §  1;  1941,  670  §  2; 
paragraphs  (1)  (b),  (1)  (c)  and  (1)  (d)  revised,  1937,  336  §  2;  paragraph 
(1)  (e)  revised,  1941,  670  §  3;  paragraph  (/)  added  at  end  of  subdivision 
(1),  1939,  158  §  2;  stricken  out,  1941,  670  §  3A;  subdivision  (2)  revised, 
1941,  335;  subdivision  (3)  amended,  1941,  670  §  4.    (See  1937,  336  §  3.) 

Sect.  22,  paragraph  (5)  amended,  1937,  336  §  4;   1941,  670  §  5. 

Sect.  23,  paragraph  added  at  end  of  subdivision  (1),  1937,  336  §  5. 

Sect.  24,  subdivision  (1)  amended,  1941,  670  §  6;  subdivision  (3) 
inserted  after  subdivision  (2)  (c),  1943,  425  §  1. 

Sect.  25,  paragraph  (1)  amended,  1941,  670  §  7;  first  clause  of  para- 
graph (2)  revised,  1937,  336  §  6. 

Sect.  25B,  revised,  1941,  379  §  6. 

Sect.  25D,  revised,  1941,  379  §  7. 

Sect.  25F,  paragraph  (6)  amended,  1937,  336  §  7. 

Sect.  25G,  paragraph  (1)  (a)  amended,  1937,  336  §  8;  paragraph  (1) 
(d)  amended,  1937,  336  §  9. 

Sect.  25H,  paragraph  (1)  revised,  1941,  113  §  2. 

Sect.  251,  last  paragraph  revised,  1937,  336  §  10. 

Sects.  26-31  stricken  out  and  new  sections  26-311  inserted,  1936,  318 
§  1  (providing  for  contributory  retirement  systems  for  cities  and  towns 
that  may  be  accepted  by  them).    (See  1936,  318  §§  5-7.) 

The  following  references  to  sections  26  to  311  are  to  sections  inserted  by 
1936,  318  §  1: 

Sect.  26,  definitions  of  "Employee"  and  of  "Regular  interest"  re- 
vised, 1937,  336  §  11;  definition  of  "Employee"  revised,  1938,  464  §  4; 
1941,  411  §  1;  definition  of  "Member"  revised,  1941,  379  §  8.  (See 
1941,  411  §  3.) 

Sect.  27,  paragraph  (1)  (a)  revised,  1938,  360  §  1;  1941,  670  §  8; 
paragraph  (1)  (6)  revised,  1937,  336  §  12;  last  sentence  revised,  1938, 
360  §  2;  paragraph  (1)  (c)  revised,  1937,  336  §  12;  paragraph  (1)  {d) 
revised,  1937,  336  §  12;  last  sentence  revised,  1938,  360  §  3;  paragraph 
(1)  (e)  revised,  1938,  360  §  4;  1941,  670  §  9;  paragraph  (1)  (/)  added, 
1938,  360  §  5;  paragraph  (1)  {g)  added,  1941,  670  §  10;  paragraph  (2) 
revised,  1939,  228;  amended,  1941,  670  §  11;  paragraph  (3)  amended, 
1941,  670  §  12. 

Sect.  28,  paragraph  (2)  revised,  1941,  670  §  12A;  paragraph  (5) 
amended,  1937,  336  §  13;   1941,  670  §  13. 

Sect.  29,  subdivision  (1)  amended,  1941,  670  §  14;  second  paragraph 
of  subdivision  (1)  stricken  out  and  two  paragraphs  inserted,  1937, 
336  §  14;  second  of  said  inserted  paragraphs  amended,  1941,  670  §  15; 
paragraph  added  after  second  of  said  inserted  paragraphs,  1941,  670 
§  16;  paragraph  (2)  (6)  revised,  1938,  360  §  6;  paragraph  (2)  (c) 
amended,  1938,  270;  paragraph  (2)  {d)  amended,  1937,  336  §  15;  sec- 
ond sentence  revised,  1938,  360  §  7;  paragraph  (2)  (e)  revised,  1938, 
360  §  8;  paragraph  (2)  {g)  added,  1941,  409  §  1. 

Sect.  30,  subdivision  (1)  amended,  1941,  670  §  17;  subdivision  (3) 
inserted  after  subdivision  (2)  (c),  1943,  425  §  2. 


Chap.  32.]  GENERAL   LaWS.  1069 

Sect.  31,  subdivision  (1)  amended,  1941,  670  §  18;  first  paragraph  of 
subdivision  (2)  revised,  1937,  336  §  16;  paragraph  added  at  end  of  sub- 
division (2),  1941,  670  §  19. 

Sect.  31B  revised.  1941, 379  §  9;  sentence  added  at  end,  1941,  670  §  20. 

Sect.  31D  revised,  1941,  379  §  10. 

Sect.  31E,  paragraph  (4)  added  at  end,  1941,  409  §  2. 

Sect.  31F,  paragraph  (1)  (6)  amended,  1937,  57  §  1;  paragraph  lA 
added,  1937,  57  §  2;  paragraph  (1)  (c)  revised,  1938,  284  §  1,  464  §  5; 
paragraph  (2)  revised,  1938,  464  §  6.    (See  1937,  57  §  4;  1938,  284  §  2.) 

Sect.  31G,  paragraph   (1)   (a)  revised,   1941,  411   §  2;    paragraph 

(1)  (d)  amended,  1937,  336  §  17;  paragraph  (6)  (a)  revised,  1938,  360 
§  9;   paragraph  (6)  (b)  amended,  1938,  360  §  10.     (See  1941,  411  §  3.) 

Sect.  31H,  paragraph  (1)  revised,  1941,  113  §  1. 

Sect.  311,  paragraph  (3)  amended,  1937,  57  §  3;  paragraph  (4) 
added,  1941,  377;  paragraph  (4)  added,  1941,  386;  paragraph  last 
referred  to  stricken  out  and  paragraph  (5)  substituted,  1941,  722  §  4; 
paragraph  (4)  (b)  revised,  1943,  236  §  1.  (Sec  1937,  57  §  4;  1943, 
236  §  2.) 

Sect.  31J  inserted  after  the  heading  "general  provisions"  imme- 
diately before  section  32,  1936,  400  §  3  (relative  to  the  definition  of 
certain  words  used  in  said  General  Provisions). 

Sect.  33  amended,  1936,  301  §  4;  318  §  2;  repealed,  1936,  400  §  4. 
(See  1936,  318  §§  5-7;  400  §§  2  and  5.) 

Sect.  34,  second  paragraph  revised,  1941,  584  §  1. 

Sect.  34 A  added,  1941,  584  §  2  (relative  to  the  expense  incurred  by 
the  commissioner  of  insurance  in  examining  the  affairs  of  certain  retire- 
ment systems). 

Sect.  36  amended,  1937,  336  §  18. 

Sects.  37A-37D  added,  1936,  318  §  3  (miscellaneous  provisions  rela- 
tive to  contributory  retirement  systems  under  G.  L.  chap.  32).  (See 
1936,  318  §§  5-7.) 

Sect.  37C,  paragraph  added  at  end,  1938,  360  §  lOA;  section  revised, 
1938,  439  §  2.     (See  1938,  360  §  lOB;  439  §  7.) 

Sect.  37D,  first  paragraph  revised,  1937,  336  §  19;  first  paragraph 
stricken  out,  and  two  paragraphs  inserted,  1939,  449  §  1;  paragraph 
added  at  end,  1938,  464  §  1.    (See  1939,  449  §  2.) 

Sect.  37E  added,  1937,  336  §  20  (providing  minimum  retirement 
allowances  for  certain  members  of  county,  city  or  town  contributory 
retirement  systems);   paragraph  (1)  revised,  1941,  184  §  1;   paragraph 

(2)  revised,  1938,  360  §  11;  paragraph  (3)  added  at  end,  1938,  439  §  3; 
paragraph  (4)  added  at  end,  1941,  670  §  21;  paragraph  (5)  added  at 
end,  1943,  189.     (See  1938,  439  §  7;  1941,  184  §  2.) 

Sect.  37F  added,  1938,  464  §  2  (permitting  members  of  certain  con- 
tributory retirement  systems  of  governmental  units  to  make  contribu- 
tions on  account  of  prior  service  with  other  such  units  having  no  such 
systems);  revised,  1939,  316;  1941,  670  §  22. 

Sect.  37G  added,  1941,  670  §  23  (relative  to  the  rights  of  employees 
of  two  or  more  governmental  units  having  retirement  systems). 

Sect.  38  amended,  1937,  336  §  21. 

Sect.  38 A  added,  1938,  439  §  4  (relative  to  the  definitions  of  certain 
terms  or  words  used  in  sections  thirty-two  to  thirty-eight,  inclusive). 
(See  1938,  439  §  7.) 


1070  Changes  in  the  [Chap.  32. 

Sects.  1-38 A,  as  amended,  stricken  out  and  twenty-eight  new  sec- 
tions, 1-28,  inserted,  1945,  658  §  1.    (See  1945,  658  §§  9-11.) 

Sect.  28A  added,  1945,  720  §  1  (relative  to  the  retirement  of  certain 
officers  in  the  division  of  state  police).    (See  1945,  720  §  2.) 

Sect.  43  amended,  1945,  707. 

Sect.  44  revised,  1934,  135;  paragraph  added  at  end,  1934,  285  §  1; 
section  amended,  1936,  223;  last  paragraph  amended,  1937,  102  §  1. 
(See  1937,  202.) 

Sect.  45  revised,  1945,  483  §  1. 

Sect.  45A  added,  1945,  708  §  1  (relative  to  retirement  allowances  of 
school  janitors  in  certain  cities  and  towns).     (See  1945,  708  §  2.) 

Sect.  46  revised,  1941,  344  §  1. 

Sect.  47  amended,  1941,  344  §  2. 

Sect.  48  revised,  1938,  379. 

Sect.  52  amended,  1932,  114  §  1. 

Sect.  53  amended,  1932,  114  §  2. 

Sect.  56  revised,  1943,  514  §  1;  paragraph  added  at  end,  1945,  677. 
(See  1943,  514  §  4.) 

Sect.  57  revised,  1943,  514  §  2.     (See  1943,  514  §  4.) 

Sect.  57A  added,  1945,  658  §  8  (making  certain  provisions  of  the  con- 
tributory pension  laws  applicable  to  the  retirement  of  veterans  under 
veterans'  non-contributory  pension  laws). 

Sect.  58  revised,  1943,  514  §  3.     (See  1943,  514  §  4.) 

Sect.  58A  added,  1945,  671  (further  regulating  the  creditable  service 
of  certain  veterans  in  the  public  service  upon  their  retirement  there- 
from) . 

Sect.  60,  paragraph  added  at  end,  1934,  285  §  2;  same  paragraph 
amended,  1937,  102  §  2;  1938,  452  §  1;  section  revised,  1945,  483  §  2; 
678.    (See  1938,  452  §  2.) 

Sect.  60A,  paragraph  added  at  end,  1934,  285  §  3;  amended,  1937, 
102  §3;  revised,  1945,483  §3. 

Sects.  61-64  repealed,  1937,  409  §  2.    (See  1937,  409  §§  5-7.) 

Sect.  65,  last  sentence  stricken  out,  1937,  336  §  22;  section  repealed, 
1937,  409  §  2.     (See  1937,  409  §§  5-7.) 

Sect.  65A  added,  1937,  409  §  1  (relative  to  the  retirement  or  resigna- 
tion of  members  of  the  judiciary);  amended,  1939,  451  §  5.  (See  1937, 
409  §§  5-7.) 

Sect.  65B  added,  1941,  689  §  1  (providing  pensions  for  special  jus- 
tices of  district  courts);  revised,  1943,  398.     (See  1941,  689  §  2.) 

Sect.  66,  paragraph  added  at  end,  1934,  285  §  4;  amended,  1937, 
102  §  4. 

Sect.  68  revised,  1943,  545  §  1;   1945,  322. 

Sects.  68A-68C  added,  1939,  503  §  3  (relative  to  the  retirement  of 
members  of  the  state  police).     (See  1939,  503  §  5.) 

Sect.  68C  revised,  1943,  545  §  2. 

Sects.  68A-68C  stricken  out,  1945,  658  §  1.     (See  1945,  658  §  11.) 

Sect.  70,  paragraph  added  at  end,  1934,  285  §  5;  amended,  1937, 
102  §  5;  section  revised,  1937,  416  §  4;  repealed,  1939,  441  §  4.  (See 
1937,  416  §  5;   1939,  441  §§  3,  5.) 

Sect.  75,  paragraph  added  at  end,  1934,  285  §  6;  amended,  1937, 
102  §  6;  section  revised,  1938,  323  §  1. 

Sect.  76  revised,  1938,  323  §  2. 


Chap.  33.]  GENERAL   LaWS.  1071 

Sect.  77,  paragraph  (a)  revised,  1936,  290  §  1;  1939,  243;  paragraph 
(6)  amended,  1945,  483  §  3A;  paragraph  (cj  added  at  end,  1936,  290 
§  2;   amended,  1945,  483  §  3B.     (Affected,  1937,  102  §  7,  283.) 

Sect.  78  revised,  1939,  361  §  1 ;  amended,  1945,  483  §  4.  (Affected, 
1937,  102  §  7,  283;   1939,  361  §  2.) 

Sect.  78A  added,  1934,  285  §  7  (providing  for  the  ultimate  abolition 
of  non-contributory  pensions  under  certain  provisions  of  general  law 
for  laborers);  amended.  1937,  102  §  7;  revised,  1937,  283  §  1.  (See 
1937,  283  §  2.) 

Sect.  80,  paragraph  added  at  end,  1934,  285  §  8;  section  amended, 
1936,  439  §  1;  last  paragraph  amended,  1937,  102  §  8;  section  amended, 
1945,  483  §  5. 

Sect.  81  amended,  1933,  103;   1938,  277  §  1.    (See  1938,  277  §  3.) 
■  Sect.  83  amended,  1936,  439  §  2;  1938,  277  §  2;  last  sentence  of  first 
paragraph  revised,   1939,  264   §  1;    section  amended,   1945,  483   §  6. 
(See  1938,  277  §  3;   1939,  264  §  2.) 

Sect.  84  amended,  1945,  483  §  7. 

Sect.  85,  first  sentence  amended,  1945,  483  §  8;  second  sentence 
revised,  1936,  439  §  3. 

Sect.  85A  revised,  1935,  31  U;  amended,  1945,  483  §  9.  (See  1935, 
31  §  2.) 

Sect.  85B  added,  1932,  253  (regulating  the  retirement  and  pension- 
ing of  certain  members  of  the  police  forces  of  park  boards  of  cities  and 
towns);   amended,  1945,  483  §  10. 

Sect.  85C  added,  1934,  285  §  9  (providing  for  the  ultimate  abolition 
of  non-contributory  pensions  under  certain  provisions  of  general  law 
for  policemen  and  firemen) ;   amended,  1937,  102  §  9. 

Sect.  85D  added,  1937,  220  (relative  to  the  retirement  of  certain  call 
members  of  fire  departments  in  certain  towns);    amended,  1945,  483 

§11. 

Sect.  89  revised,  1932,  276;  amended,  1933,  340  §  1;  1934,  343; 
revised,  1935,  466;  amended,  1936,  326;  first  paragraph  amended,  1943, 
366;  first  .sentence  amended,  1945,  641;  first  paragraph  revised,  1945, 
696.     (See  1933,  340  §  2.) 

Sect.  90  revised,  1936,  439  §  4. 

Sect.  90A  added,  194.3,  452  §  1  (authorizing  certain  cities  and  towns 
to  increase  the  retirement  allowances  of  certain  former  employees  retired 
on  account  of  accidental  disabilitv).     (See  1943,  452  §  2.) 

Sect.  91  revised,  1938,  439  §  5;  amended,  1941,  670  §  24.  (See  1938, 
439  §  7;   1941,  670  §  26.) 


Chapter  33.  —  Militia. 

Act  establishing  a  special  militarj'-  reservation  commission,  and  au- 
thorizing the  acquisition  by  the  commonwealth  for  military  purposes 
of  certain  properties  in  Sandwich,  Bourne,  Falmouth  and  Mashpee, 
1935,  196;  powers  and  duties  of  the  commission  defined,  1936,  344 
§§  1,  2;   reservation  enlarged,  1941,  5.     (See  1938,  331.) 

The  following  references  are  to  chapter  33,  as  appearing  in  the  Tercen- 
tenary Edition: 

Sect.  6  revised,  1933,  254  §  1;  1938,  440  §  lA.  (See  1933,  254  §  66; 
1938,  440  §  23.) 


1072  Changes  in  the  IChap.  ;«. 

Sect.  7  revised,  1938,  440  §  1.    (See  1938,  440  §  23.) 

Sect.  18  amended,  1932,  15. 

Sect.  22,  paragraph  in  third  hne  revised,  1937,  192  §  1. 

Sect.  25A  added,  1935,  295  §  1  (further  regulating  the  calUng  out 
of  the  mihtia  as  an  aid  to  the  civil  power  of  the  commonwealth). 

Sect.  26  amended,  1935,  295  §  2. 

Sect.  31  amended,  1935,  295  §  3. 

Sect.  32  revised,  1935,  295  §  4. 

Sect.  33  revised,  1935,  295  §  5. 

Sect.  34  amended,  1935,  295  §  6. 

Sect.  48,  subsection  (a)  revised,  1932,  161;  same  subsection  amended, 
1933,  166. 

Sect.  60  amended,  1933,  153  §  1;  1934,  120;  1939,  144  §  1. 

Sect.  67  revised,  1935,  205. 

Sect.  82,  subsection  (e)  added,  1938,  433  (making  the  United  States 
property  and  disbursing  officer  for  Massachusetts  the  finance  officer  of 
the  Massachusetts  National  Guard,  defining  his  powers  and  duties  and 
establishing  his  compensation). 

Sect.  90,  paragraph  in  fines  63-65  revised,  1934,  106;  last  sentence 
of  paragraph  (k)  revised,  1933,  17;  paragraph  (k)  revised,  1937,  192  §  2. 

Sect.  98,  sentence  added  at  end,  1933,  6. 

Chapter  stricken  out  and  new  chapter  33  inserted,  1939,  425  §  1.  (See 
1939,  425  §  2.) 

The  following  references  are  to  the  new  chapter  33: 

Sect.  1  revised,  1943,  35  §  1. 

Sect.  6,  paragraph  (a)  revised,  1943,  35  §  2. 

Sect.  24  revised,  1943,  35  §  3. 

Sect.  26A  added,  1943,  348  §  2  (providing  for  the  incurring  by  the 
governor  of  extraordinarv  expenses  in  aid  of  the  civil  power). 

Sect.  39  amended,  1945,  100. 

Sect.  47  revised,  1941,  318. 

Sect.  49  amended,  1941,  217  §  1. 

Sect.  55  revised,  1943,  35  §  4. 

Sects.  55A-55F  added,  1943,  409  §  1  (providing  for  the  acquiring  of 
motor  vehicles  or  for  obtaining  the  use;  thereof  by  the  military  division 
of  the  executive  department,  and  for  the  settlement  of  certain  claims 
against  the  commonwealth  arising  out  of  the  operation  of  sucli  motor 
vehicles). 

Sect.  56  revised,  1943,  35  §  5. 

Sect.  65,  paragraph  (a)  amended,  1941,  395. 

Sect.  66  revised,  1943,  35  §  6. 

Sect.  68A  added,  1943,  35  §  7  (providing  that  tlie  state  guard  shall 
consist  of  such  organizations  and  units  as  the  connnander-in-chief  shall 
prescribe  or  authorize  to  be  formed  and  defining  the  composition 
thereof). 

Sect.  69,  subdivision  (a)  amended,  1945,  393  §  5;  subdivision  (r) 
amended,  1941,  577  §  1.     (See  1941,  577  ^  2.) 

Sect.  79  amended,  1941,  490  §  8. 

Sect.  104A  added,  1943,  362  §  1  (autliorizing  the  adjutant  general 
to  accept  on  behalf  of  the  coimnonwealth  certain  gifts  of  personal  prop- 
erty for  military  purposes). 

Sect.  114,  paragraphs  (a)  and  (6)  revised,  1943,  394  §  1;  paragraph 
(d)  amended,  1943,  394  §  2. 


Chaps.  34,  35.]  GENERAL   T^AWS.  1073 

Sect.  120,  subdivision  (c)  amended,  1945,  462  §  1.  (See  1945,  462 
§2.) 

Sect.  126,  sentence  added  at  end,  1943,  262  §  1.    (See  1943,  262  §  3.) 

Sects.  126A  and  126B  added,  1943,  262  §  2  (further  regulating  allow- 
ances in  the  niilit.iry  division  of  Mie  exceuti^'o  department).  (See  1943, 
262  §  3.) 

Sect.  153  amended,  1941,  458. 


Chapter  34.  —  Counties  and  County  Commissioners. 

Sect.  1  revised,  1933,  278  §  2. 

Sect.  4  amended,  1935,  257  §  1;  revised,  1939,  31  §  1.  (See  1935, 
257  §  12.) 

Sect.  5,  schedule  revised,  1943,  102  §  1.     (See  1943,  102  §  2). 

Sect.  7  amended,  1935,  257  §  2;  last  sentence  stricken  out,  1939, 
31  §  2.     (See  1935,  257  §  12.) 

Sect.  12  revised,  1935,  257  §  3.     (See  1935,  257  §  12.) 

Sect.  17  revised,  1932,  74;  affected,  1939,  452  §  7. 

Sect.  19  amended,  1935,  257  §  4.     (See  1935,  257  §  12.) 

Sect.  23  added,  1932,  297  (authorizing  counties  to  receive  certain 
gifts). 


Chapter  35.  —  County  Treasurers,  State  Supervision  of  County  Accounts 

and  County  Finances. 

For  temporary  legislation  increasing  the  salaries  of  certain  officers  and 
employees  in  the  service  of  certain  counties,  see  1942,  15;  1943,  224; 
1945,  498. 

For  legislation  enabling  counties  to  secure  the  benefits  provided  by 
the  federal  govermnent  to  assist  them  in  public  works  projects,  see 
1945,  74.  [For  prior  legislation,  see  1933,  366;  1934,  21;  1935,  404; 
1936,  64,  83,  414;  1937,  159;  1938,  50,  82;  1939,  423;  1941,  639;  1943, 
58.] 

Provisions  relative  to  travel  allowance  of  county  employees  using  cer- 
tain cars  on  official  business,  1933,  322  §  4;  1939,  452  §  2;  1941,  528  §  3; 
1943,  465  §  3;   1945,  550  §  3. 

Provisions  relative  to  expenses  incurred  for  meals  by  county  em- 
ployees, 1939,  452  §  3;  1941,  528  §  2;  1943,  465  §  2;   1945,  550  §  2. 

Sect.  2  revised,  1945,  289. 

Sect.  3  revised,  1932,  56;  sentence  added  at  end,  1939,  109  §  2. 

Sect.  11  amended,  1943,  65. 

Sect.  19A  added,  1945,  635  §  2  (providing  for  advances  of  their 
vacation  pay  to  officers  and  eniplovees  of  counties). 

Sect.  21  amended,  1937,  64  §  2.  "^ 

Sect.  25  amended,  1933,  175  §  1. 

Sect.  27  amended,  1933,  175  §  2. 

Sect.  28  amended,  1933,  318  §  2;  1934,  291  §  2;  revised,  1939,  501 
§  1;   1945,  158  §  1.    (See  1933,  318  §  9;   1934,  291  §  6.) 

Sect.  28A  added,  1943,  414  §  2  (estabUshing  a  budget  system  for 
county  tuberculosis  hospitals);  amended,  1945,  158  §  7;  revised,  1945, 
398  §  3.    (See  1945,  398  §§  4,  5.) 

Sect.  29  revised,  1939,  501  §  2;   amended,  1945,  158  §  2. 


1074  Changes  in  the  [Chais.  36-38. 

Sect.  30  revised,  1939,  501  §  3;  sentence  added  at  end,  1943,  3  9 
section  revised,  1945,  158  §  3. 

Sect.  34  revised,  1937,  36;  amended,  1939,  501  §  4;   1945,  158  §  4. 

Sect.  36A  amended,  1939,  501  §  5;  revised,  1943,  80;  first  sentence 
amended,  1945,  158  §  5. 

Sect.  37  amended,  1933,  28. 

Sect.  37A  amended,  1933,  29. 

Sect.  40  amended,  1036,  23  §  1. 

Sect.  43A  revised,  1939,  214  §  1. 

Sect.  43B  added,  1939,  214  §  2  (relative  to  the  effect  of  the  filing  of 
annual  fidelity  bonds  by  county  officers  and  employees). 

Sect.  49  amended,  1935,  182  §  1;  1938,  347  §  1;  1939,  165  §  1;  1941, 
447  §  1;  1943,  136  §  1;  1945,  486  §  2.  (See  1935,  182  §  6;  1938,  347 
§  3;   1939,  165  §  3;   1941,  447  §§  4,  5,  1943,  136  §  3.) 

Sect.  51  amended,  1938,  73  §  2. 

Sect.  52,  second  paragraph  revised,  1938,  73  §  1. 

Chapter  36.  —  Registers  of  Deeds. 

Sect.  3  revised,  1937,  219  §  1;  1939,  214  §  3. 

Sect.  24 A  added,  1941,  89  (authorizing  the  recording  of  certified 
copies  of  petitions,  decrees  and  orders  filed  or  made  pursuant  to  the 
federal  bankruptcy  laws  and  thereby  giving  effect  to  certain  provi- 
sions of  said  laws). 

Sect.  24B  added,  1945,  569  §  1  (relative  to  the  furnishing  of  abstract 
cards  and  photostatic  copies  of  recorded  instruments  in  the  Norfolk 
county  registry  of  deeds  and  Norfolk  registry  district  to  the  assessors  of 
municipalities  of  said  county). 

Chapter  37.  —  Sheriffs. 

Sect.  2  revised,  1937,  219  §  2. 

Sect.  17  amended,  1945,  63. 

Sect.  21  revised,  1943,  159  §  1.     (See  1943,  159  §  2.) 

Sect.  22  amended,  1932,  180  §  5. 

Sect.  23  amended,  1936,  31  §  2;  repealed,  1937,  148. 

Chapter  38.  —  Medical  Examiners. 

Sect.  1,  paragraph  in  Unes  70-76  amended,  1939,  260;  section 
amended,  1939,  451  §  6. 

Sect.  2,  last  sentence  revised,  1945,  632  §  1. 

Sect.  2A  added,  1943,  153  §  1  (authorizing  associate  medical  exam- 
iners in  Barnstable  County  to  perform  the  duties  of  medical  examiner 
thereof  in  certain  cases) ;   repealed,  1945,  632  §  2.     (See  1943,  153  §  2.) 

Sect.  3  revised,  1939,  214  §  4. 

Sect.  5,  last  sentence  revised,  1945,  632  §  3. 

Sect.  6  amended,  1939,  475;  revised,  1945,  632  §  4. 

Sect.  7  amended,  1941,  366;  revised,  1945,  632  §  5. 

Sect.  8  revised,  1932,  118  §  1;  amended,  1939,  30  §  1.  (See  1939, 
30  §  2.) 

Sect.  11  amended,  1941,  499. 

Sect.  19  revised,  1945,  632  §  6. 


Chaps.  39,  40.]  GENERAL   LaWS.  1075 


Chapter  39.  —  Municipal  Government. 

Sect.  10  amended,  1935,  403  §  1;  1939,  182.    (See  1935,  403  §  2.) 
Sect.  14,  first  and  second  paragraphs  revised,  1943,  453  §§1  and  2, 
respectively. 

Sect.  19  repealed,  1934,  39  §  1. 
Sect.  20  amended,  1934,  39  §  2. 
Sect.  23  amended,  1934,  39  §  3. 


Chapter  40.  — -  Powers  and  Duties  of  Cities  and  Towns. 

Temporary  act  relative  to  the  care  and  disposal  of  land  acquired  by- 
cities  and  towns  through  foreclosure  of  tax  titles,  1938,  358;  amended 
to  include  care  and  disposal  of  lands  of  low  value  acquired  by  cities 
and  towns  through  purchase,  1939,  123;  further  amended  and  extended, 
1941,  296. 

Sect.  4,  third  paragraph  revised,  1932,  271  §  6;  section  amended, 
1941,  351  §  3.    (See  1932,  271  §  7.) 

Sect.  4A  added,  1945,  438  (authorizing  cities  and  towns  and  certain 
districts  to  make  agreements  relative  to  the  performance  of  certain 
public  services). 

Sect.  5,  clause  (1)  amended,  1933,  318  §  3  (see  1933,  318  §  9);  1935, 
106;  revised,  1935,  179;  amended,  1939,  19;  1945,  391  §  2;  clause  (2) 
amended,  1936,  390;  clause  (5A)  added,  1938,  172  §  1  (authorizing 
appropriations  to  establish  a  water  supply) ;  clause  (12)  amended,  1932, 
114  §  3;  1933,  153  §  2,  245  §  2;  revised,  1936,  132  §  1,  163;  amended, 
1941,  217  §  2;  1943,  99;  clause  (28)  revised,  1936,  211  §  5  (see  1936, 
211  §  7);  clause  (37)  revised,  1943,  177  §  1  (see  1943,  177  §  2);  clause 
(38)  added,  1934,  154  §  1  (authorizing  appropriations  for  protection  of 
interests  in  real  estate  held  under  tax  title  or  taking) ;  clause  (39)  added, 
1935,  28  (authorizing  appropriations  for  the  purpose  of  co-operating 
with  the  federal  govermnent  in  certain  unemployment  relief  and  other 
projects);  clause  (40)  added,  1937,  185  (authorizing  appropriations  for 
eyeglasses  for  needj'^  school  children);  clause  (41)  added,  1938,  142  §  1 
(authorizing  cities  and  towns  to  appropriate  money  for  stocking  inland 
waters  therein  with  fish  and  for  liberating  game  therein);  amended, 
1941,  599  §  4.     (See  1938,  142  §  2.) 

Sect.  5A  added,  1936,  40  (providing  for  the  establishment  of  reserve 
funds  for  cities) ;  amended,  1937,  34. 

Sect.  5B  added,  1945,  124  (authorizing  cities  and  towns  to  appro- 
priate money  for  a  stabilization  fund). 

Sects.  5,  6.  Temporary  acts,  effective  during  1935  to  1943,  inclu- 
sive, authorizing  appropriations  for  a  general  unemployment  relief  fund, 
1935,  90;   1937,  4;   1939,  46  §§  1,  2. 

Sects.  6C  and  6D  added,  1943,  225  (relative  to  the  removal  by  cities 
and  towns  of  snow  and  ic(!  from  private  ways  therein  open  to  public 
use). 

Sect.  9  amended,  1933,  245  §  3;  1935,  305;  1936,  271;  paragraph 
added  at  end,  1937,  255. 

Sect.  11  amended,  1941,  490  §  9. 

Sect.  12A  repealed,  1941,  598  §  5. 


1076  Changes  in  the  [Chap.  40. 

Sect.  13,  paragraph  added  at  end,  1941,  130. 

Sect.  14  revised,  1933,  283  §  1. 

Sect.  17  amended,  1933,  254  §  2.     (See  1933,  254  §  66.) 

Sect.  21,  clause  (16)  added  at  end,  1941,  346  §  1. 

Sects.  25-33.  For  special  zoning  provisions  for  Boston,  see  1924, 
488  and  amendments  prior  to  1932;  1932,  143;  1933,  204;  1934,  210; 
1936,  240;  1941,  373. 

Sects.  25-30A  stricken  out,  and  new  sections  25-30A  (municipal 
zoning  laws)  inserted,  1933,  269  §  1.     (See  1933,  269  §  4.) 

Sect.  27  revised,  1941,  320. 

Sect.  27A  added,  1938,  133  §  1  (to  prevent  multiplicity  of  proposals 
for  the  same  change  in  zoning  ordinances  or  by-laws). 

Sect.  28  revised,  1941,  176. 

Sect.  30,  first  paragraph  (as  appearing  in  1933,  269  §  1)  amended, 
1945,  167;  paragraph  in  lines  54-60  (as  appearing  in  1933,  269  §  1) 
stricken  out  and  two  paragraphs  added,  1941,  198  §  1;  paragraph  in 
lines  61-70  (as  so  appearing)  amended,  1935,  388  §  1;  clause  (1)  in  hnes 
72-76  (as  so  appearing)  revised,  1941,  198  §  2;  paragraph  in  Hnes 
80-90  (as  so  appearing)  amended,  1935,  388  §  2.    (See  1941,  198  §  3.) 

Sect.  30A  stricken  out  and  reinserted  as  section  30B  and  new  sec- 
tion 30 A  inserted,  1938,  133  §  2  (to  prevent  multiplicity  of  proposals 
for  the  same  change  in  the  application  of  zoning  ordinances  or  by-laws). 

Sect.  32  revised,  1933,  185  §  1;  amended,  1941,  520  §  1.  (See  1933, 
185  §  2;   1941,  520  §  2.) 

Sect.  38  revised,  1938,  172  §  2;  paragraph  added  at  end,  1941, 
465  §  1. 

Sects.  39A-39G  added,  1938,  172  §  3  (authorizing  the  establishment 
and  maintenance  of  water  supply  and  distributing  systems). 

Sect.  39A  revised,  1941,  465  §  2. 

Sect.  39H  added,  1943,  125  (authorizing  cities,  towns  and  districts, 
through  their  water  departments,  and  water  companies,  to  aid  similar 
municipal  and  other  corporations  relative  to  their  v/ater  supply). 

Sect.  40  revised,  1933,  314;   1945,  606. 

Sect.  42A  revised,  1932,  197  §  2;  amended,  1936,  42  §  1;  revised, 
1938,  415  §  1;  amended,  1941,  380  §  1.  (See  1932,  197  §  3;  1938, 
415  §7;   1941,  380  §  7.) 

Sect.  42B  amended,  1935,  56  §  1;  revised,  1936,  42  §  2;  1938,  415 
§  2;  revised,  1941,  380  §  2.  (See  1935,  56  §  2;  1938,  415  §  7;  1941, 
380  §  7.) 

Sect.  42C  amended,  1935,  248  §  1;  revised,  1938,  415  §  3;  1941, 
380  §  3.    (See  1938,  415  §  7;   1941,  380  §  7.) 

Sect,  42D,  last  sentence  revised,  1935,  248  §  2;  section  revised,  1938, 
415  §  4;   1941,  380  §  4.    (See  1938,  415  §  7;   1941,  380  §  7.) 

Sect.  42E,  last  sentence  amended,  1932,  180  §  6;  same  sentence  re- 
vised, 1939,  451  §  7;  section  amended,  1941,  380  §  5.  Affected,  1938, 
415  §  7.    (See  1941,  380  §  7.) 

Sect.  42F  affected,  1938,  415  §  7;   1941,  380  §  7. 

Sect.  43A  (relative  to  pipe  lines  for  conveying  petroleum  and  its 
products  and  by-products)  added  under  the  heading  "petroleum  and 

ITS  PRODUCTS  AND  BY-PRODUCTS ",   1941,  678   §  2. 

Sect.  51  revised,  1937,  196;  two  sentences  added  at  end,  1945,  340, 


Chap,  -tl.]  GENERAL    LaWS.  1077 

Chapter  41.  —  Officers  and  Employees  of  Cities,  Towns  and  Districts. 

Provisions  of  G.  L.  chapter  41  authorizing  or  requiring  the  fixing 
of  terms  of  office  of  members  of  any  board,  commission  or  body  affected 
by  1938,  341  §  2. 

Sect.  1,  first  paragraph  revised,  1943,  453  §  3;  paragraph  in  fine  10 
revised,  1934,  155  §  1;  paragraph  in  fines  15,  16  revised,  1939,  129; 
paragraph  in  fine  25  revised,  1939,  3;  paragraph  added  at  end,  1938, 
341  §  2. 

Sect.  5  amended,  1934,  39  §  4. 

Sect.  11  amended,  1938,  341  §  3. 

Sect.  13  amended,  1936,  18;   1937,  143  §  1. 

Sect.  13A  added,  1932,  289  §  5  (provisions  relative  to  bonds  of  city 
clerks).  [For  prior  legislation,  see  G.  L.  chapter  140  §  148,  repealed 
by  1932,  289  §  6.] 

Sect.  19,  last  sentence  revised,  1938,  66;  same  sentence^amended, 
1945,  245. 

Sect.  19 A  added,  1933,  70  §  1  (requiring  the  fifing  with  the  state 
secretary  of  certificates  of  appointment  or  election  of  clerks  or  assist- 
ant or  temporary  clerks  of  cities  or  towns,  and  granting  authority  to 
said  secretary  to  authenticate  attestations  of  any  such  oflEicer).  (See 
1933,  70  §  2.) 

Sect.  21,  last  paragraph  revised,  1934,  155  §  2.    (See  1934,  155  §  4.) 

Sect.  24,  paragraph  added  at  end,  1945,  136  §  1.    (See  1945,  136  §  2.) 

Sect.  24 A  repealed,  1937,  129  §  1. 

Sect.  25  revised,  1937,  129  §  2. 

Sect.  25A  revised,  1937,  129  §  3. 

Sect.  26  revised,  1937,  129  §  4. 

Sect.  26A  added,  1935,  149  (relative  to  employment  of  counsel  by 
boards  of  assessors  in  certain  cases). 

Sect.  27  revised,  1936,  118  §  1.     (See  1936,  118  §  3.) 

Sect.  28  amended,  1939,  342  §  2. 

Sect.  35  revised,  1937,  143  §  2;  sentence  added  at  end,  1939,  109  §  1. 

Sect.  37  revised,  1933,  82  §  2;   amended,  1934,  259  §  2. 

Sect.  38A  amended,  1936,  201;  revised,  1941,  211. 

Sect.  39A  added,  1939,  89  (providing  for  the  appointment  of  assist- 
ant treasurers  of  cities  and  towns). 

Sect.  39B  added,  1943,  284  (authorizing  the  suspension  and  removal 
of  city  and  town  collectors  and  the  appointment  of  temporary  collectors 
under  certain  circumstances). 

Sect.  40  revised,  1937,  143  §  3. 

Sect.  43A  added,  1939,  88  (requiring  municipalities  to  indemnify 
and  protect  collectors  of  taxes  in  the  performance  of  their  duties  in 
certain  cases);  revised,  1941,  99. 

Sect.  54A  amended,  1936,  62. 

Sect.  59  amended,  1936,  94. 

Sect.  61A  revised,  1937,  143  §  4. 

Sect.  66  revised,  1934,  155  §  3. 

Sects.  69A  and  69B  added,  1938,  172  §  4  (relative  to  the  establish- 
ment and  powers  and  duties  of  boards  of  water  commissioners  in  certain 
towns). 

Sect.  70,  paragraph  added  at  end,  1936,  211  §  1.    (See  1936,  211  §  7.) 


1078  Changes  in  the  [Chaps.  42, 43. 

Sect.  71  amended,  1943,  266. 

Sect.  72  revised,  1936,  211  §  2.     (See  1936,  211  §  7.) 

Sect.  73,  paragraph  added  at  end,  1936,  211  §  3.    (See  1936,  211  §  7.) 

Sects.  81A-81J  added,  under  caption  "improved  method  of  munic- 
ipal planning",  1936,  211  §  4.     (See  1936,  211  §  7.) 

Sect.  81A,  last  paragraph  revised,  1938,  113. 

Sect.  86  amended,  1939,  261  §  5. 

Sect,  91B  added,  1933,  128  (further  regulating  the  appointment  of 
constables). 

Sect.  96A  added,  1938,  342  (disqualifying  felons  from  appointment 
to  the  police  forces  or  departments  of  cities,  towns  and  districts). 

Sect.  99  amended,  1932,  124. 

Sect.  100,  sentence  added  at  end,  1933,  324  §  3;  section  amended, 
1938,  298;  revised,  1945,  670. 

Sect.  lOOA  amended,  1933,  318  §  4;  1934,  291  §  3;  1945,  391  §  1. 
(See  1933,  318  §§  8,  9;  1934,  291  §  6;   1945,  391  §  3.) 

Sect.  105  amended,  1936,  132  §  2. 

Sect.  Ill  revised,  1932,  109;  amended,  1936,  242;  revised,  1937,  15; 
1941,  368;  fourth  sentence  stricken  out  and  two  sentences  inserted, 
1943,  280. 

Sect.  Ill  A  amended,  1934,  107. 

Sect.  11  IB  added,  1945,  156  (providing  sick  leaves  for  laborers,  work- 
men and  mechanics  regularly  employed  by  certain  cities  and  towns). 

Sect.  IIIC  added,  1945,  348  (authorizing  attendance  at  funerals  or 
memorial  services  of  war  veterans  by  certain  municipal  employees  with- 
out loss  of  pay). 


Chapter  42.  —  Boundaries  of  Cities  and  Towns. 

Boundary  line  between  Saugus  and  Wakefield  (portion)  established, 
1933,  298;  between  Woburn  and  Reading  (portion)  established,  1934, 
177;  between  Oak  Bluffs  and  Tisbury  (portion)  established,  1935,  145; 
between  Brewster  and  Orleans  (portion)  established,  1935,  356;  between 
Middleton  and  Topsfield  established,  1936,  96;  between  Foxborough 
and  Walpole  established,  1937,  140;  between  Edgartown  and  Oak 
Bluffs  (portion)  established,  1937,  265;  between  Arhngton  and  Bel- 
mont (portion)  established,  1938,  371;  between  Rochester  and  Ware- 
ham  and  between  Marion  and  Wareham  (portion)  established,  1939, 
279;  between  Fitchburg  and  Leominster  (portion)  estabhshed,  1941, 
37,  698;  between  Bellingham  and  Franklin  established,  1941,  641; 
between  Chicopee  and  Springfield  (portion)  established,  1945,  274; 
between  Brewster  and  Dennis  and  between  Dennis  and  Harwich, 
1945   599. 

Sect.  1  revised,  1933,  278  §  3. 


Chapter  43.  —  City  Charters. 

Sect.  1,  three  paragraphs  inserted  after  word  "inclusive"  in  line  22, 
1938,  378  §  1. 
Sect.  5,  paragraph  added  at  end,  1938,  378  §  2. 
Sect.  7  amended,  1939,  451  §  8. 
Sect.  8,  form  of  petition  revised,  1938,  378  §  3. 
Sect.  9  revised,  1941,  640  §  1.     (See  1941,  640  §  7.) 


Chap.  43A.]  GENERAL   Laws.  1079 

Sect.  10,  paragraph  added  at  end,  1938,  378  §  4. 

Sect.  11  revised,  1941,  640  §  2.     (See  1941,  640  §  7.) 

Sect.  15  amended,  1933,  313  §  7;  last  paragraph  amended,  1938, 
378  §  5;  section  revised,  1941,  640  §  3.    (See  1941,  640  §  7.) 

Sect.  17  revised,  1938,  378  §  6. 

Sect.  18,  paragraph  numbered  4  inserted,  1938,  378  §  7. 

Sect.  19  revised,  1938,  378  §  8. 

Sect.  23  amended,  1935,  68  §  1. 

Sect.  26,  first  paragraph  revised,  1937,  224  §  1;  amended,  1938, 
378  §  9. 

Sect.  29  revised,  1938,  378  §  10. 

Sect.  30  revised,  1938,  378  §  11. 

Sect.  31  amended,  1938,  378  §  12. 

Sect.  36  revised,  1938,  378  §  13. 

Sect.  42  amended,  1935,  68  §  2. 

Sect.  44A  amended,  1933,  313  §  8;  last  two  sentences  stricken  out, 
and  paragraph  added  at  end,  1934,  30;  first  paragraph  revised,  1938, 
378  §  14;  last  sentence  of  first  paragraph  stricken  out,  1941,  640  §  4. 
(See  1941,  640  §  7.) 

Sect.  44C,  first  paragraph  amended,  1937,  147;  1943,  229  §  1. 

Sect.  44H  amended,  1932, 180  §  7;  1941,  640  §  5.    (See  1941,  640  §  7.) 

Sect.  46  amended,  1939,  451  §  9. 

Sect.  50A  added,  1936,  135  (relative  to  the  filHng  of  vacancies  in 
the  city  council  in  cities  having  a  Plan  A  form  of  charter). 

Sect.  56  amended,  1937,  224  §  2. 

Sect.  59A  added,  1937,  224  §  3  (relative  to  the  fiHing  of  vacancies  in 
the  city  council  in  cities  having  a  Plan  B  form  of  charter). 

Sects.  93-116  added,  under  the  heading  "Plan  E.  —  Government 

BY  A  CITY  COUNCIL  INCLUDING  A  MAYOR  ELECTED  FROM  ITS  NUMBER, 
AND  A   CITY   MANAGER,   WITH   ALL  ELECTIVE   BODIES   ELECTED  AT  LARGE 

BY  PROPORTIONAL  REPRESENTATION",  1938,  378  §  15  (providing  an  ad- 
ditional optional  standard  form  of  city  charter  under  which  substantial 
control  of  the  city  government  is  vested  in  a  city  council  elected  at 
large  by  proportional  representation,  with  a  city  manager  appointed 
and  removable  at  pleasure  by  the  city  council). 

Sect.  100  amended,  1941,  "722  §  5. 

Sect.  102  amended,  1941,  722  §  6. 

Sect.  110,  form  of  petition  amended,  1941,  722  §  7. 


Chapter  43A.  —  Standard  Form  of  Representative  Town  Meeting 
Government. 

Act  relative  to  Wellesley,  1932,  202;  to  Needham,  1932,  279;  to 
Webster,  1933,  13;  to  South  Hadley,  1933,  45;  to  Easthampton,  1933, 
178;  to  Milford,  1933,  271;  to  Adams,  1935,  235;  to  Falmouth,  1935, 
349;  to  Amherst,  1936,  10;  to  Amesbury,  1936,  39;  to  Braintree,  1936, 
56;  1937,  17;  to  Natick,  1938,  2;  to  Palmer,  1939,  110;  to  Reading, 
1943,  7. 

Sect.  3,  first  paragraph  amended,  1937,  267  §  2. 

Sect.  4,  first  paragraph  amended,  1936,  128. 

Sect.  6  revised,  1943,  1  §  1;  1943,  453  §  4;  amended,  1945,  359. 
(See  1943,  1  §  2.) 

Sect.  8,  first  sentence  revised,  1943,  453  §  5. 


1080  Changes  in  the  [Chap.  44. 


Chapter  44.  —  Municipal  Finance. 

For  temporary  legislation  establishing  an  emergency  finance  board 
in  the  department  of  the  state  treasurer,  and  providing  for  the  borrow- 
ing of  money  by  cities  and  towns  against  certain  tax  titles,  see  1933, 
49,  104;  1935,  221,  300,  456;  1936,  281;  1938,  57;  1939,  288,  496; 
1941,  129;   1943,  413;   1945,  324. 

For  legislation  enabling  cities  and  towns  to  secure  the  benefits  pro- 
vided by  the  federal  government  to  assist  them  in  public  works  projects, 
see  1945,  74.  [For  prior  legislation,  see  1933,  366;  1934,  21;  1935,  213, 
404;  1936,  64,  83,  414;  1937,  159;  1938,  50,  82;  1939,  423;  1941,  639; 
1943,  58.] 

For  emergency  legislation  authorizing  cities  and  towns  to  make  cer- 
tain appropriations  during  the  existing  state  of  war,  see  1943,  75  §§  1,  2, 
4,  5.     [For  prior  legislation,  see  1941,  487;    1942,  4  §  5;    1943,  5  §  6.] 

For  legislation  authorizing  the  renewal  by  cities  and  towns  of  certain 
temporary  revenue  loans,  see  1935,  12;  1938,  25;  1939,  68;  1941,  134; 
1943,  60. 

For  legislation  relative  to  the  collection  of  certain  taxes  and  other 
charges  due  the  commonwealth,  see  1943,  568;    1945,  325;   712. 

For  temporary  act  authorizing  cities  and  towns  to  borrow  on  account 
of  public  welfare  and  soldiers'  benefits  from  the  commonwealth  and 
elsewhere,  and  authorizing  the  commonwealth  to  issue  bonds  or  notes 
to  provide  funds  therefor,  see  1933,  307  (as  changed  by  1933,  344  §§  3,  4; 
1934,  335;  and  as  affected  by  1933,  367  §  1). 

For  legislation  authorizing  cities,  towns  and  districts  to  borrow,  in 
the  years  1935  to  1946,  inclusive,  on  account  of  public  welfare  and  sol- 
diers' benefits  and  their  share  of  the  cost  of  certain  federal  emergency 
unemploymentrelief  projects,  see  1935,  188;  1936,80;  1937,107;  1938, 
58;   1939,72,453;   1941,92;   1943,44;   1945,73. 

For  legislation  authorizing  cities,  towns  and  districts  to  borrow,  in 
the  years  1941  to  1944,  inclusive,  on  account  of  the  distribution  of  sur- 
plus commodities  in  co-operation  with  the  federal  government,  see  1941, 
92;  1943,  44. 

For  temporary  legislation  authorizing  any  city  or  town  to  expend 
money  in  co-operation  with  the  federal  government  prior  to  the  pas- 
sage of  its  annual  budget,  see  1938,  180;   1941,  58. 

For  legislation  regulating  the  use  of  receipts  from  the  sale  by  cities 
and  towns  of  federal  surplus  commodity  stamps,  1941,  65. 

Sect.  2  revised,  1936,  224  §  4.     (See  1936,  224  §§  11,  12.) 

Sect.  4  amended,  1934,  11  §  1;  affected,  1934,  11  §§  2,  3;  amended, 
1936,  16. 

Sect.  4A  added,  1935,  68  §  3  (temporary  loans  by  cities  in  antici- 
pation of  revenue  exempted  fi'om  charter  provisions  relative  to  publi- 
cation and  referendum). 

Sect.  5  amended,  1939,  37. 

Sect.  5A  amended,  1935,  68  §  4. 

Sect.  5B  added,  1943,  61  §  1  (relative  to  borrowing  for  liabihties  in- 
curred by  districts  prior  to  the  annual  appropriations). 

Sect.  7  amended,  1936,  224  §  5.     (See  1936,  224  §§  11,  12.) 

Sect.  8,  clause  (3)  revised,  1938,  172  §  5;  clause  (5)  revised,  1941, 
83;  clause  (9)  amended,  1939,  457. 


Chaps.  45,  40.]  GENERAL   LaWS.  1081 

Sect.  8A  added,  1939,  108  §  1  (providing  for  submitting  to  the  voters 
of  certain  cities  the  question  of  approving  or  disapproving  orders  author- 
izing the  issue  of  bonds,  notes  or  certificates  of  indebtedness  for  certain 
purposes).     (See  1939,  108,  §  2.) 

Sect.  9  amended,  1941,  376. 

Sect.  10  amended,  1936,  224  §  6;  1939,  24  §  1.  (See  1936,  224  §§  11, 
12.) 

Sect.  11  amended,  1936,  224  §  7.     (See  1936,  224  §§  11,  12.) 

Sect.  12  amended,  1936,  224  §  8.     (See  1936,  224  §§  11,  12.) 

Sect.  13A  added,  1943,  61  §  2  (relative  to  the  incurring  of  liabihties 
by  districts  prior  to  the  annual  appropriations). 

Sect.  16,  last  sentence  stricken  out,  1936,  224  §  10.  (See  1936,  224 
§§  11,  12.) 

Sect.  22  am.ended,  1936,  224  §  9.     (See  1936,  224  §§  11,  12.) 

Sect.  29.  As  to  tax  hmit  of  Boston,  see  1932,  125;  1933,  159;  1934, 
201;   1935,  284;   1936,  224. 

Sect.  31A  added,  1941,  473  §  1  (relative  to  budgets  in  certain  cities). 

Sect.  32,  paragraphs  added  at  end,  1938,  175  §  1,  378  §  16;  section 
revised,  1941,  473  §  2. 

Sect.  33  revised,  1941,  473  §  3. 

Sect,  33A  stricken  out  and  new  sections  33A  and  33B  inserted,  1943, 
62  (amending  and  clarifying  the  law  relative  to  budgets  in  cities). 

Sect.  34  revised,  1938,  170;  paragraph  added  at  end,  1941,  93. 

Sect.  35  amended,  1941,  454. 

Sect.  40  amended,  1939,  339;  first  sentence  amended,  1945,  29  §  1. 
(See  1945,  29  §  2.) 

Sect.  46A  added,  1932,  155  (making  permanent  certain  provisions 
of  law  relative  to  investigations  of  municipal  accounts  and  financial 
transactions  by  the  director  of  accounts).  [For  prior  temporary  legis- 
lation, see  1926,  210;   1929,  335.] 

Sect.  51  amended,  1934,  355;  repealed,  1938,  458. 

Sect.  54  amended,  1933,  200. 

Sect.  56A  added,  1934,  229  §  1  (relative  to  the  financial  year  of 
cities).     (See  1934,  229  §§  2,  3.) 

Sect.  64  added,  1941,  179  (authorizing  towns  to  appropriate  money 
for  the  payment  of  certain  unpaid  bills  of  previous  years). 

Sect.  65  added,  1945,  635  §  3  (providing  for  advances  of  their  vaca- 
tion pay  to  officers  and  employees  of  cities  and  towns). 

Chapter  45.  —  Public  Parks,  Playgrounds  and  the  Public  Doinain. 

Sect.  2  amended,  1941,  10  §  1. 

Sect.  17A  added,  1938,  220  (authorizing  cities  and  towns  to  use  cer- 
tain ways  therein  for  playground  purposes). 

Chapter  46.  —  Return  and  Registry  of  Births,  Marriages  and  Deaths. 

Sect.  1,  third  sentence  of  second  paragraph  revised,  1933,  280  §  1; 
fourth  paragraph  amended,  1941,  51. 

Sect.  1A  added,  1939,  61  §  1  (further  regulating  the  making  and 
recording  of  certificates  of  birth  of  certain  abandoned  children  and 
foundlings). 


1082  Changes  in  the  [Chap.  48. 

Sect.  2A  added,  1933,  279  (regulating  the  impounding  of  birth  rec- 
ords of  children  born  out  of  wedlock);  amended,  1937,  78  §  1;  revised, 
1939,  269  §  1. 

Sect.  3,  paragraph  added  at  end,  1939,  326  §  1. 

Sect.  4A  added,  1941,  434  (providing  for  the  verification  of  returns 
of  births). 

Sect.  6  revised,  1939,  61  §  2. 

Sect.  9  amended,  1936,  100;    1945,  113. 

Sect.  12  amended,  1937,  78  §  2;  revised,  1945,  439. 

Sect.  13,  paragraph  in  first  to  sixth  lines  amended,  1939,  61  §  3; 
second  paragraph  amended,  1933,  280  §  2;  second  paragraph  stricken 
out  and  two  new  paragraphs  inserted,  1938,  63;  first  paragraph  so  in- 
serted revised,  1943,  72  §  2;  paragraph  in  eighteenth  and  nineteenth 
lines,  as  appearing  in  Tercentenary  Edition,  amended,  1938,  97;  fourth 
paragraph,  as  so  appearing,  amended,  1941,  50;  same  paragraph 
amended,  1945,  65;   paragraph  added  at  end,  1939,  61  §  4. 

Sect.  13A  added,  1945,  542  (providing  for  the  recording  of  certain 
births  upon  the  determination  of  facts  relating  thereto  by  a  probate 
court). 

Sect.  16  amended,  1941,  351  §  4. 

Sect.  17  revised,  1932,  12;  amended,  1939,  269  §  2. 

Sect.  19  revised,  1943,  228  §  1;  amended,  1945,  570  §  1.  (See  1945, 
570  §  2.)     (See  1943,  228  §  2.)  ^. 

Sect.  20  revised,  1941,  351  §  5. 

Sect.  26  amended,  1939,  326  §  2. 


Chapter  48.  —  Fires,  Fire  Departments  and  Fire  Districts. 

For  legislation  enabling  districts  to  secure  the  benefits  provided  by 
the  federal  government  to  assist  them  in  public  works  projects,  see 
1945,  74.  (For  prior  legislation,  see  1933,  366;  1934,  21;  1935,  213, 
404;   1936,  64,  83,  414;   1937,  159;   1938,  50,  82;   1939,  423;   1941,  639; 

1943,  58.) 

For  legislation  authorizing  districts  to  borrow,  in  the  years  1935  to 

1944,  inclusive,  on  account  of  public  welfare  and  soldiers'  benefits  and 
their  share  of  the  cost  of  certain  federal  emergency  unemployment 
relief  projects,  see  1935,  188;  1936,  80;  1937,  107;  1938,  58;  1939, 
72,  453;    1941,  92;   1943,  44. 

For  legislation  authorizing  districts  to  borrow,  in  the  years  1941  to 
1944,  inclusive,  on  account  of  the  distribution  of  surplus  commodities 
in  co-operation  with  the  federal  government,  see  1941,  92;   1943,  44. 

For  legislation  authorizing  the  renewal  by  districts  of  certain  tempo- 
rary revenue  loans,  see  1939,  68;   1941,  134;   1943,  60. 

For  emergency  legislation  authorizing  districts  to  make  certain  appro- 
priations during  the  existing  state  of  war,  see  1943,  75  §§  1,  2,  4,  5. 
[For  prior  legislation,  see  1941,  487;   1942,  4  §  5;   1943,  5  §  6.] 

Sect.  8  amended,  1941,  490  §  10. 

Sect.  13  amended,  1938,  204;   revised,  1941,  581;   1945,  269.- 

Sect.  15  amended,  1932,  180  §  8;   1941,  490  §  11. 

Sect.  16  revised,  1943,  103  §  1. 

Sect.  18  revised,  1943,  103  §  2. 

Sect.  28 A  amended,  1941,  490  §  12. 


Chaps.  50,  51.]  GENERAL   LaWS.  1083 

Sect.  28B.     See  1941,  688. 

Sect.  58 A  added,  1941,  638  (further  regulating  the  hours  of  duty  of 
permanent  members  of  fire  departments  in  certain  cities  and  towns). 

Sect.  58B  added,  1945,  413  §  1  (further  regulating  the  hours  of  duty 
of  permanent  members  of  fire  departments  in  certain  cities  and  towns). 
(See  1945,  413  §  2.) 

Sect.  59E  added,  1939,  419  §  1  (providing  for  the  ultimate  aboHtion 
of  reserve  fire  forces  in  certain  cities  and  towns). 


Chapter  50.  —  General  Provisions  relative  to  Primaries,  Caucuses  and 

Elections. 

Sect.  1,  paragraph  defining  "Ballot  labels"  inserted,  1941,  511  §  1; 
paragraph  in  lines  19-21  revised,  1943,  453  §  6;  paragraph  in  lines  54 
and  55  revised,  1941,  511  §  2;  paragraph  in  lines  56-62  amended,  1943, 
318  §  5;  paragraph  in  lines  91  and  92  revised,  1943,  453  §  7;  paragraph 
inserted  after  paragraph  in  line  93,  1943,  453  §  8. 

Sect.  2  amended,  1932,  141  §  1;  sentence  added  at  end,  1938,  341  §  4. 

Sect.  8  amended,  1943,  453  §  9. 


Chapter  51.  —  Voters. 

For  legislation  providing  for  a  state  wide  verification  of  voting  lists, 
see  1938,  427;  repealed  and  superseded  by  1939,  450;  amended,  1943, 
537;    1945,  127. 

Sect.  1,  first  paragraph  revised,  1943,  453  §  10;  paragraph  added  at 
end,  1932,  206. 

Sect.  2  amended,  1933,  254  §  3;  revised,  1945,  310.  (See  1933,  254 
§66.) 

Sect.  3  amended,  1933,  254  §  4;  revised,  1943,  453  §  11.  (See  1933, 
254  §  66.) 

Heading  before  section  4  revised,  1943,  453  §  12. 

Sect.  4  amended,  1933,  254  §  5;  first  paragraph  revised,  1935,  345 
§  1;  amended,  1937,  1  §  1;  revised,  1938,  186  §  1;  section  revised,  1938, 
440  §  2;  section  amended.  1943,  453  §  13.     (See  1933,  254  §§  65,  66; 

1937,  226;   1938,  186  §  5,  440  §  23.) 

Sect.  5  revised,  1938,  440  §  3;  1939,  188  §  1.  (See  1938,  440  §  23.) 
Sect.  6  revised,  1938,  440  §  4;  1939,  188  §  2.  (See  1938,  440  §  23.) 
Sect.  7  amended,  1933,  254  §  6;   revised,  1935,  345  §  2;   amended, 

1938,  440  §  5;  revised,  1939,  188  §  3.    (See  1933,  254  §§  65,  66;   1938, 
440  §  23.) 

Sect.  8  amended,  1933,  254  §  7;  1937,  1  §  2;  revised,  1938,  186  §  2, 
440  §  6.     (See  1933,  254  §  66;   1938,  186  §  5,  440  §  23.) 

Sect.  9  amended,  1933,  254  §  8;  revised,  1938,  440  §  7.  (See  1933, 
254  §  66;  1938,  440  §  23.) 

Sect.  10  amended,  1938,  440  §  8;  repealed,  1943,  453  §  14.  (See 
1938,  440  §  23.) 

Sects.  lOA  and  lOB  added,  1939,  369  §  1  (providing  for  the  securing 
of  information  relative  to  persons  residing  at  inns,  lodging  houses  and 
public  lodging  houses);  sections  stricken  out  and  new  section  lOA  in- 
serted, 1943,  320  §  1. 

Sect.  11  revised,  1938,  440  §  9.     (See  1938,  440  §  23.) 


1084  Changes  in  the  [Chap.  51. 

Sect.  12  revised,  1938,  440  §  10;  sentence  added  at  end,  1945,  715  §  1. 

(See  1938,  440  §  23.) 

Sect.  13  repealed,  1943,  453  §  15. 

Sect.  14A  revised,  1938,  440  §  11.     (See  1938,  440  §  23.) 

Sect.  14B  added,  1933,  254  §  9  (amending  special  acts  relative  to 
the  listing  of  voters  in  certain  municipalities  so  as  to  conform  to  the 
change  in  taxing  date  from  April  1  to  January  1);  revised,  1938,  440 
§  12;  amended,  1943,  453  §  16.  (See  1933,  254  §§  65,  66;  1938,  440 
§23.) 

Sect.  20  revised,  1943,  453  §  17. 

Sect.  22  amended,  1938,  280;  revised,  1943,  453  §  18. 

Sect.  22A  added,  1945,  715  §  2  (providing  for  registration  as  voters 
of  persons  who  are  physically  unable  to  applv  in  person). 

Sect.  23  amended,  1943,  453  §  19;   revised,  1945,  715  §  3. 

Sect.  26  amended,  1932,  48  §  1;  1935,  37  §  1;  1938,  473  §  2;  1943, 
453  §  20. 

Sect.  27  revised,  1932,  48  §  2;  amended,  1935,  37  §  2;  1938,  473  §  3; 
amended,  1943,  109  §  1;   revised,  1943,  453  §  21. 

Sect.  29A  amended,  1943,  109  §  2. 

Sect.  29B  added,  1938,  179  (providing  for  sessions  of  registrars  of 
voters  in  all  the  wards  of  every  city  prior  to  each  biennial  state  election) ; 
amended,  1943,  453  §  22. 

Sect.  30,  first  sentence  amended,  1943,  453  §  23. 

Sect.  32  amended,  1933,  254  §  10.     (See  1933,  254  §  66.) 

Sect.  33,  paragraph  added  at  end,  1945,  246. 

Sect.  34  amended,  1933,  254  §  11.     (See  1933,  254  §  66.) 

Sect.  35  revised,  1938,  440  §  13;  amended,  1939,  451  §  10.  (See  1938, 
440  §  23.) 

Sect.  36  amended,  1933,  254  §  12;  paragraph  added  at  end,  1943, 
453  §  24.     (See  1933,  254  §  66.) 

Sect.  37  amended,  1933,  254  §  13;  revised,  1938,  440  §  14;  fourth 
sentence  amended,  1939,  369  §  2;  1943,  320  §  2;  last  sentence  stricken 
out,  1941,  328  §  2;  section  revised,  1943,  453  §  25.  (See  1933.  254  §  66; 
1938,  440  §  23.) 

Sect.  38  revised,  1943,  453  §  26. 

Sect.  39  amended,  1938,  440  §  15.     (See  1938,  440  §  23.) 

Sect.  41  revised,  1943,  453  §  27. 

Sect.  41A  added,  1941,  328  §  1  (ensuring  that  certain  laws  relative 
to  registration  of  persons  residing  at  inns  and  lodging  houses  are  of 
general  application);  revised,  1943,  320  §  3. 

Sect.  42  revised,  1945,  715  §  4. 

Sect.  42A  added,  1945,  715  §  5  (relative  to  registration  as  voters 
of  persons  who  are  physically  unable  to  apply  in  person). 

Sect.  43  amended,  1933,  254  §  14;  revised,  1938,  440  §  16.  (See 
1933,  254  §  66;  1938,  440  §  23.) 

Sect.  44  amended,  1943,  453  §  28;   revised,  1945,  715  §  6. 

Sect.  45  revised,  1943,  108;   1945,  715  §  7. 

Sect.  46  revised,  1945,  715  §  8. 

Sect.  47  revised,  1945,  715  §  9. 

Sect.  50  amended,  1938,  440  §  17;    1945,  378.     (See  1938,  440  §  23.) 

Sect.  55  amended,  1933,  254  §  15;  sentence  added  at  end,  1936,  2 
§  1;  same  sentence  revised,  1938,  473  §  4;  section  amended,  1943,  453 
§  29.     (See  1933,  254  §  66.) 


Chaps.  52,  53.]  GENERAL   LaWS.  1085 

Sect.  57  amended,  1943,  453  §  30. 
Sect.  58  revised,  1945,  253. 
Sect.  61  amended,  1937,  21  §  1. 
Sect.  62  amended,  1943,  453  §  31. 
Sect.  63  revised,  1943,  453  §  32. 


Chapter  52.  —  Political  Committees. 

The  following  references  are  to  chapter  52,  as  appearing  in  the  Tercen- 
tenary Edition: 

Sect.  1  amended,  1932,  310  §  1;  revised,  1934,  288  §  1;  1936,  99. 
(See  1934,  288  §  5;  1937,  384,  435.) 

Sect.  2  amended,  1932,  310  §  2;  revised,  1934,  288  §  2;  amended, 
1936,  11  §  2.  (See  1934,  288  §  5;  1936,  11  §  3;  1937,  384,  435.) 

Sect.  4  amended,  1934,  288  §  3.  (See  1934,  288  §  5.) 

Sect.  7  amended,  1934,  118;  first  paragraph  stricken  out,  1934,  288 
§  4.  (See  1934,  288  §  5;  1937,  384,  435.) 

Sect.  9  amended,  1932,  310  §  3;  1937,  24  §  1.  (See  1937,  384,  435.) 

Chapter  stricken  out  and  new  chapter  inserted,  1938,  346  §  1.  (See  1938, 
346  §§  3,  4.) 

The  following  reference  is  to  the  new  chapter  52: 

Sect.  9  revised,  1941,  337  §  1. 


Chapter    53.  —  Nominations,    Questions    to    be    submitted    to    the    Voters, 
Primaries  and  Caucuses. 

Sect.  1  amended,  1939,  371. 

Sect.  2  amended,  1932,  310  §  4;  last  sentence  revised,  1934,  32  §  1; 
section  revised,  1938,  473  §  5;   1941,  337  §  2.     (See  1937,  384,  435.) 

Sect.  3  revised,  1936,  116  §  1;  amended,  1937,  45  §  1;  revised,  1943, 
334  §  1;  sentence  added  at  end,  1945,  55. 

Sect.  6  amended,  1936,  101;  revised,  1939,  191;  1941,  266;  amended, 
1943,  50;  revised,  1943,  334  §  2. 

Sect.  7  amended,  1933,  254  §  16;  sentence  inserted,  1936,  2  §  2; 
section  revised,  1936,  4  §  1;  amended,  1937,  25  §  1;  1938,  341  §  5;  first 
and  second  sentences  revised,  1943,  334  §  3.     (See  1933,  254  §  66.) 

Sect.  7A  added,  1943,  229  §  2  (relative  to  the  certification  of  nomina- 
tion petitions  for  preliminary  elections  in  cities). 

Sect.  8,  first  paragraph  amended,  1932,  135  §  4;  section  amended, 
1933,  35  §  1;  first  sentence  amended,  1938,  473  §  6;  section  revised, 
1943,  334  §  4. 

Sect.  10,  first  paragraph  amended,  1934,  111;  revised,  1937,  45  §  2; 
amended,  1938,  373  §  4;  second  paragraph  revised,  1933,  313  §  2; 
1941,  278;  amended,  1941,  472  §  4;  1943,  229  §  3;  third  paragraph 
revised,  1937,  77  §  2;  amended,  1943,  334  §  5. 

Sect.  11,  sentence  added  at  end,  1933,  313  §  3;  revised,  1937,  77  §  3; 
section  revised,  1937,  212  §  1;  amended,  1943,  334  §  6. 

Sect.  12  revised,  1937,  212  §  2;  first  paragraph  amended,  1943,  334 
§  7;  paragraph  added  at  end,  1939,  166. 

Sect.  12A  added,  1933,  305  (to  prevent  certain  fraudulent  nomina- 
tions). 

Sect.  13,  sentence  added  at  end,  1933,  313  §  4;  section  amended, 
1937,  26,  77  §  4. 

Sect.  14,  sentence  inserted  after  third  sentence,  1943,  334  §  8. 


1086  Changes  in  the  [Chap.  53. 

Sect.  15  amended,  1943,  334  §  9. 
Sect.  17  amended,  1943,  334  §  10. 

Sect.  17A  added,  under  the  heading  "endorsement  for  nomina- 
tion OF  MEMBERS  OF  STATE  POLITICAL  COMMITTEES  BY  CONVENTIONS", 

1938,  397;  second  paragraph  amended,  1945,  237  §  1;  fifth  paragraph 
amended,  1945,  20. 

Sect.  18  revised,  1934,  282. 

Sect.  20  revised,  1943,  334  §  11. 

Sect.  21  amended,  1945,  237  §  2. 

Sect.  22A  amended,  1932,  80;   1938,  192;   1943,  51. 

Sect.  22B  added,  1938,  191  (requiring  persons  circulating  initiative 
and  referendum  petitions  to  attest  the  vaHdity  of  signatures  thereto 
under  the  penalties  of  perjury). 

Sect.  24.     See  1937,  275. 

Sect.  26  amended,  1943,  334  §  12;  paragraph  added  at  end,  1945,  51. 

Sect.  28  amended,  1932,  310  §  5;  revised,  1933,  313  §  5;  amended, 
1934,  32  §  2;   revised,  1938,  473  §  7.    (See  1937,  384,  435.) 

Sect.  32  amended,  1932,  310  §  6;  1938,  473  §  8.  (See  1937,  384, 
435.) 

Sect.  33,  sentence  added  at  end,  1941,  511  §  3. 

Sect.  34  revised,  1932,  310  §  7;  first  paragraph  revised,  1938,  436  §  1; 
fourth  paragraph  revised,  1937,  22;  section  revised,  1938,  473  §  9;  sec- 
ond and  third  paragraphs  revised,  1941,  337  §  3;  fifth  paragraph  revised, 
1941,  352;  amended,  1943,  334  §  13.     (See  1937,  384,  435.) 

Sect.  35  amended,  1932,  310  §  8;  1938,  473  §  10;  amended,  1941, 
337  §  4.     (See  1937,  384,  435.) 

Sect.  35A  added,  1943,  301  (relative  to  pasters  or  stickers  for  use  at 
primaries) . 

Sect.  36  amended,  1941,  511  §  4. 

Sect.  37  revised,  1943,  334  §  14. 

Sect.  38  amended,  1938,  299;   1943,  334  §  15;   1945,  237  §  3. 

Sect.  40  revised,  1932,  30. 

Sect.  40A  added,  1943,  334  §  16  (requiring  petitions  for  recounts  at 
primaries  of  a  political  party  to  be  signed  by  enrolled  voters  thereof). 

Sect.  41  revised,  1932,  310  §  9;  section  and  title  preceding  it  stricken 
out  and  new  section  inserted  under  the  heading  "provisions  applying 
to  state  primaries",  1938,  473  §  11;  section  revised,  1941,  337  §  5. 
(See  1937,  384,  435.) 

Sect.  42  amended,  1932,  310  §  10;  1937,  24  §  2;  revised,  1938,  373 
§  1.    (See  1937,  384,  435.) 

Sect.  43  amended,  1932,  310  §  11;   1937,  201.    (See  1937,  384,  435.) 

Sect.  44  revised,  1932,  310  §  12;  amended,  1935,  38;  revised,  1938, 
373  §  2,  473  §  12;  amended,  1941,  337  §  6.    (See  1937,  384,  435.) 

Sect.  45  amended,  1932,  310  §  13;  first  paragraph  amended,  1936,  22; 
1938,  84;  section  revised,  1938,  473  §  13;  amended,  1941,  337  §  7.  (See 
1937,  384,  435.) 

Sect.  46  amended,  1936,  4  §  2;  revised,  1937,  25  §  2;  amended,  1941, 
337  §  8. 

Sect.  47  amended,  1932,  310  §  14;  1938,  473  §  14.  (See  1937,  384, 
435.) 

Sect.  48  amended,  1932,  310  §  15;  first  paragraph  revised,  1938, 
373  §  3;  paragraph  added  at  end,  1938,  272;  same  paragraph  amended, 


Chap.  54.]  GeNERAL   LaWS.  1087 

1941,  583;  paragraph  added  at  end,  1941,  675;  section  amended,  1943, 
53.     (See  1937,  384,  435.) 

Sect.  49  revised,  1932,  310  §  16;  1938,  473  §  15.  (See  1937,  384, 
435.) 

Sect.  51  amended,  1932,  310  §  17;  1938,  473  §  16.  (See  1937,  384, 
435.) 

Sect.  52  amended,  1932,  310  §  18;  revised,  1938,  473  §  17;  amended, 
1941,  337  §  9.     (See  1937,  384,  435.) 

Sect.  53  revised,  1932,  310  §  19;  1938,  473  §  18;  amended,  1941, 
337  §  10.     (See  1937,  384,  435.) 

Sect.  53 A  amended,  1932,  310  §  20;  revised,  1938,  473  §  19.  (See 
1937,  384,  435.) 

Sect.  54  revised,  1932,  310  §  21;  two  sentences  added,  1935,  482 
§  1;  section  amended,  1936,  11  §  1;  1937,  24  §  3;  section  (and  head- 
ing) revised,  1938,  346  §  2;  section  amended,  1941,  337  §  11.  (See 
1936,  11  §§  2,  3;   1937,  384,  435;   1938.  346  §§  3.  4.) 

Sects.  54A  and  54B  added,  1932,  310  §  22  (relative  to  proceedings 
at  pre-primary  conventions,  to  the  form  of  certificates  of  nomination 
of  candidates  thereat,  and  to  the  acceptance  of  such  nominations); 
repealed,  1938,  473  §  20.     (See  1937,  384,  435.) 

Sect.  55.  paragraph  added  at  end,  1936,  116  §  2. 

Sect.  56^  amended,  1943,  334  §  17. 

Sect.  57  amended,  1937,  410;    1945,  237  §  4. 

Sect.  61  amended,  1936,  140;   1937,  411;   1941,  272. 

Sects.  65-70  (and  caption)  repealed,  1932,  310  §  23.  (See  1937,  384, 
435;   1938,  473  §  21.) 

Sects.  70A-70H  added,  under  heading  "provisions  applying  to 

PRESIDENTIAL  PRIMARIES,"  1938,  473  §  21. 

Sect.  70B  amended,  1941,  337  §  12. 

Sect.  70F  amended,  1939,  451  §  11. 

Sect.  71.  See  1937,  275. 

Sect.  72A  added,  1933,  313  §  6  (relative  to  caucuses  before  regular 
city  elections  in  cities  having  absent  voting);  revised,  1937,  77  §  5; 
1945,  1. 

Sect.  112  amended,  1935,  59  §  2. 

Sect.  117  amended,  1932,  141  §  2. 

Sect.  121  added,  1932,  141  §  3  (authorizing  the  nomination  by 
caucuses  other  than  those  of  political  or  municipal  parties  of  two 
candidates  for  each  town  oflSce);  revised,  1936,  204. 

Chapter  54.  —  Elections. 

Sect.  2  amended,  1943,  411  §  1. 

Sect.  4  revised,  1935,  482  §  2;  amended,  1936,  185;  revised,  1937, 
412. 

Sect.  5  revised,  1943,  209  §  1. 

Sect.  6  revised,  1943,  411  §  2. 

Sect.  7  revised,  1943,  411  §  3. 

Sect.  9A  added,  1937,  267  §  1  (relative  to  the  use  of  precincts  in 
certain  towns  in  the  formation  of  representative  districts). 

Sect.  11  amended,  1932,  76  §  1;  1934,  158  §  1;  1937,  27;  1938,  341 
§  6;  revised,  1941,  432  §  1. 


1088  Changes  in  the  [Chap.  54. 

Sect.  11 A  added,  1932,  76  §  2  (dispensing  with  the  appointment  of 
deputy  election  officers  in  certain  cities). 

Sect.  IIB  added,  1941,  432  §  2  (relative  to  the  appointment  of 
election  officers  in  certain  cities) ;  revised,  1943,  230. 

Sect.  12  amended,  1934,  158  §  2;  revised,  1945,  363. 

Sect.  13  amended,  1934,  158  §  3;   1943,  411  §  4. 

Sect.  14  amended,  1943,  411  §  5. 

Sect.  16A  added,  1943,  411  §  6  (relative  to  the  temporary  filling  of 
vacancies  in  the  offices  of  election  officers). 

Sect.  19  amended,  1934,  158  §  4. 

Sect.  21  amended,  1934,  158  §  5. 

Sect.  22  amended,  1943,  411  §  7. 

Sect.  23  amended,  1943,  411  §  8. 

Sect.  24,  last  sentence  stricken  out  and  two  new  sentences  inserted, 
1943,  209  §  2. 

Sect.  25  revised,  1943,  411  §  9. 

Sect.  26  amended,  1938,  281  §  1;   1943,  240. 

Sect.  30  amended,  1943,  310  §  1. 

Sect.  30A  added,  1943,  310  §  2  (relative  to  election  officers  in  places 
where  voting  machines  are  used). 

Sect.  31,  paragraph  added  at  end,  1943,  310  §  3. 

Sect.  33,  last  sentence  stricken  out,  and  paragraph  inserted  at  end, 
1935,  238  §  1. 

Sects.  33A-33D  added,  1943,  310  §  4  (relative  to  the  use  of  voting 
machines  at  primaries  and  elections). 

Sect.  34  revised,  1936,  205  §  1;  second  paragraph  stricken  out, 
1938,  281  §  2;  section  amended,  1945,  84. 

Sect.  35  revised,  1943,  310  §  5. 

Sects.  35A  and  35B  added,  1938,  281  §  3  (relative  to  voting  by  chal- 
lenged voters  at  polling  places  where  voting  machines  are  used  and 
to  the  counting  of  votes  where  such  machines  are  used). 

Sect.  35A,  sentence  added  at  end,  1941,  511  §  5;  section  amended, 
1945,  62. 

Sect.  35B,  second  sentence  of  second  paragraph  revised,  1941,  511 
§  6;  second  paragraph  revised,  1943,  310  §  6;  third  paragraph  amended, 
1941,  511  §  7. 

Sect.  38  revised,  1936,  205  §  2. 

Sect.  41,  third  paragraph  amended,  1933,  35  §  2;  1938,  190;  second 
sentence  of  same  paragraph  revised,  1938,  436  §  2;  last  paragraph 
stricken  out  and  three  paragraphs  inserted,  1943,  411  §  11. 

Sect.  42  amended,  1932,  135  §  5;  first  paragraph  amended,  1935, 
238  §  2;  same  paragraph  revised,  1941,  292;  last  paragraph  amended, 
1943,  411  §  12. 

Sect.  43  revised,  1932,  135  §  1. 

Sect.  44  amended,  1943,  411  §  13. 

Sect.  45,  first  sentence  revised,  1943,  281  §  1;  paragraph  added  at 
end,  1943,  281  §  2. 

Sect.  48  amended,  1943,  290. 

Sect.  49  amended,  1943,  411  §  14. 

Sect.  53  amended,  1945,  64. 

Sect.  60,  last  sentence  amended,  1938,  281  §  6. 

Sect.  62  amended,  1935,  257  §  5.     (See  1935,  257  §  12.) 


Chap.  54.]  GENERAL   LaWS.  1089 

Sect.  64,  last  paragraph  amended,  1934,  39  §  5. 

Sect.  65  revised,  1933,  289  §  1;  amended,  1943,  411  §  15. 

Sect.  70  revised,  1943,  411  §  16. 

Sect.  71.     See  1937,  275. 

Sect.  71A  added,  1943,  411  §  17  (requiring  that  election  officers  in 
cities  and  in  certain  towns  be  supervised  by  the  city  or  town  clerk) 

Sect.  75  amended,  1943,  411  §  18. 

Sect.  76  revised,  1943,  411  §  19. 

Sect.  76A  added,  1943,  411  §  20  (requiring  a  person  applying  to  vote 
to  write  his  name  upon  request  of  any  election  officer). 

Sect.  78  revised,  1932,  135  §  2. 

Sect.  79  amended,  1943,  411  §  21. 

Sect.  85A  added,  1937,  275  §  1  (relative  to  the  challenging  of  voters 
at  polhng  places  at  certain  elections,  primaries  and  caucuses).  (See 
1937,  275  §  2.) 

Sect.  86  revised,  194.o,  466  §  1. 

Sect.  87,  subsection  (a)  revised,  1945,  52;  subsection  (6)  revised, 
1936,  404  §  1;  amended,  1945,  466  §  2;  subsection  (c)  revised,  1936 
404  §  2;  amended,  1937,  162  §  2;  1941,  279  §  2;  1944,  1  §  9;  1945,  231 
§§  1,  2;   466  §  3;  subsection  (d)  revised,  1941,  333. 

Sect.  89  revised,  1936,  404  §  3. 

Sect.  92  revised,  1936,  404  §  4;  amended,  1937,  162  §  1;  1941 
279  §  1;  revised,  1945,  466  §  4. 

Sect.  93  revised,  1936,  404  §  5;  amended,  1941,  722  §  8. 

Sect.  95  revised,  1936,  404  §  6;   amended,  1945,  466  §  5 

Sect.  96  amended,  1936,  404  §  7. 

Sect.  98  amended,  1945,  466  §  6. 

Sect.  100  revised,  1936,  404  §  8. 

Sect.  103 A  added,  1933,  313  §  1  (providing  for  absent  voting  at 
regular  city  elections);  affected,  1936,  404  §  9;  revised,  1937,  77  §  1; 
first  paragraph  amended,  1939,  152. 

Sect.  104  amended,  1934,  39  §  6. 

Sect,  105,  fourth  paragraph  amended,  1938,  341  §  7. 

Sect.  107  revised,  1943,  411  §  22. 

Sect.  109  amended,  1943,  411  §  23. 

Sect.  112  amended,  1935,  257  §  6;  1939,  31  §  3.    (See  1935,  257  §  12  ) 

Sect.  122  amended,  1935,  257  §  7.     (See  1935,  257  §  12.) 

Sect.  132  amended,  1932,  33. 

Sect.  133  amended,  1937,  21  §  2. 

Sect.  134  amended,  1943,  411  §  24. 

Sect.  135,  first  paragraph  amended,  1933,  254  §  17;  section  revised, 
1933,  270;  first  paragraph  revised,  1935,  59  §  1;  1938,  250  §  1;  1941, 
236;  third  paragraph  revised,  1937,  303;  same  paragraph  amended, 
1941,  350;  last  paragraph  revised,  1938,  250  §  2;  paragraph  inserted 
after  first  paragraph,  1938,  281  §  4;  section  revised,  1943,  417;  para- 
graph inserted  after  first  paragraph,  1945,  149;  first  paragraph  stricken 
out  and  throe  paragraphs  inserted,  1945,  315.     (See  1933,  254  §  66.) 

Sect.  135 A  added,  1938,  281  §  5  (relative  to  the  recounting  of  votes 
where  voting  machines  are  used);  amended,  1943,  411  §  25;   1945,  142. 

Sect.  137  amended,  1935,  55. 

Sect.  138,  last  paragraph  amended,  1937,  23  §  1. 

Sect.  139  amended,  1943,  49. 


1090  Changes  in  the  [Chaps.  54A-56. 

Sect.  141  amended,  1939,  508  §  16;  second  paragraph  amended, 
1945,  38  §  7. 

Sect.  144  revised,  1935,  257  §  8;  first  paragraph  amended,  1939,  31 
§  4.     (See  1935,  257  §  12.) 

Sect.  146  amended,  1935,  257  §  9.     (See  1935,  257  §  12.) 

Sect.  148  amended,  1937,  23  §  2. 

Sect.  151  amended,  1932,  135  §  3. 

Sect.  158  amended,  1935,  257  §  10;  first  paragraph  revised,  1939, 
31  §  5.     (See  1935,  257  §  12.) 

Sect.  161  (except  last  paragraph)  amended,  1934,  265.  (See  1939, 
467.) 


Chapter  54A.  —  Election  of  City  and  Town  Officers  by  Proportional  Repre- 
sentation and  Preferential  Voting. 

New  chapter  inserted,  1937,  345. 

Chapter  inserted  by  1937,  345  stricken  out  and  new  chapter  inserted, 
1938,  341  §  1. 

Sect.  1  amended,  1941,  345. 

Sect.  2,  paragraph  added  at  end,  1938,  378  §  17;  section  revised, 
1941,  640  §  6.     (See  1941,  640  §  7.) 


Chapter  55.  —  Corrupt  Practices  and  Election  Inquests. 

Sect.  1  revised,  1943,  318  §  1. 

Sect.  5  amended,  1943,  318  §  2. 

Sect.  6  amended,  1943,  318  §  3. 

Sect.  7  amended,  1938,  75;  revised,  1943,  273  §  1. 

Sect.  8  revised,  1939,  223. 

Sect.  16,  sentence  added  at  end,  1941,  280  §  1. 

Sect.  17  amended,  1941,  280  §  2. 

Sect.  17A  added,  1943,  273  §  2  (requiring  the  filing  of  statements 
of  receipts  and  expenditures  on  account  of  activities  of  certain  corpora- 
tions when  affected  by  initiative  petitions). 

Sect.  34B  added,  1943,  483  §  1  (prohibiting  interference  with  the 
delivery  to  voters  of  circulars  and  other  printed  matter  or  the  unlawful 
removal  thereof). 

Sect.  34C  added,  1945,  602  §  1  (prohibiting  distribution  of  slates  of 
candidates  for  nomination  or  election  to  state  office  without  the  party 
designation  of  each  candidate  thereon). 

Sect.  36,  paragraph  inserted  after  paragraph  contained  in  line  10, 
1943,  483  §  2. 

Sect.  37  revised,  1943,  318  §  4. 

Chapter  56.  —  Violations  of  Election  Laws. 

Sect.  1  repealed,  1939,  342  §  3. 

Sect.  2  revised,  1938,  440  §  18.  (See  1938,  440  §  23.) 
Sect.  4  amended,  1939,  451  §  12. 

Sect.  5  revised,  1938,  440  §  19;  sentence  added  at  end,  1943,  320  §  4. 
(See  1938,  440  §  23.) 
Sect.  6  revised,  1938,  440  §  20.  (See  1938,  440  §  23.) 


Chaps.  57,  58.]  GENERAL   LawS.  1091 

Sect.  7  amended,  1938,  440  §  21.     (See  1938,  440  §  23.) 

Sect.  8  revised,  1938,  440  §  22.     (See  1938,  440  §  23.) 

Sect.  22  revised,  1938,  341  §  8;  amended,  1943,  411  §  26. 

Sect.  28  amended,  1938,  341  §  9. 

Sect.  33  amended,  1939,  299  §  1. 

Sect.  35  amended,  1939,  299  §  2. 

Sect.  39  revised,  1933,  289  §  2. 

Sect.  40  amended,  1938,  341  §  10. 

Sect.  44  amended,  1938,  341  §  11. 

Sect.  45  amended,  1938,  341  §  12. 

Sect.  48  amended,  1939,  451  §  13. 

Sect.  65A  added,  1943,  483  §  3  (penalizing  interference  with  the  de- 
livery to  voters  of  circulars  and  other  printed  matter  or  the  unlawful 
removal  thereof) ;  amended,  1945,  602  §  2. 

Sect.  68  amended,  1939,  299  §  3. 


Chapter    57.  —  Congressional,    Councillor    and    Senatorial    Districts,    and 
Apportionment  of  Representatives. 

Sect.  1  revised,  1941,  556. 

Sect.  2  revised,  1939,  507  §  1. 

Sect.  3  revised,  1939,  507  §  2. 

Sect.  4  revised,  1939,  467  §  1.     (See  1939,  467  §§  2,  3,  4.) 

Sect.  5.     See  1939,  467. 


Chapter  58.  —  General  Provisions  relative  to  Taxation. 

For  legislation  relative  to  the  collection  of  certain  taxes  and  other 
charges  due  the  commonwealth,  see  1943,  568;   1945,  325,  712. 

Sect.  1,  first  sentence  revised,  1943,  428  §  2;  fifth  sentence  amended, 

1932,  180  §  9;  same  sentence  revised,  1937,  108  §  2. 

Sect.  2  amended,  1933,  254  §  18;  paragraph  added  at  end,  1941,  726 
§  2.     (See  1933,  254  §  66.) 

Sect.  3  amended,  1933,  254  §  19.     (See  1933,  254  §  66.) 

Sect.  8  revised,  1935,  322  §  1 ;  revised,  1945,  351  §  2. 

Sect.  9  revised,  1939,  346;  1941,  112. 

Sect.  10  amended,  1934,  323  §  9.     (See  1934,  323  §  11.) 

Sect.  11  amended,  1939,  451  §  14;  repealed,  1941,  609  §  1. 

Sect.  12  amended,  1941,  490  §  13;  repealed,  1941,  609  §  1. 

Sect.  13  amended,  1933,  254  §  20;  amended,  1945,  564.  (See  1933, 
254  §  66.) 

Sect.  14  amended,  1939,  451  §  15. 

Sect.  15  amended,  1933,  254  §  21;    revised,  1941,  490  §  14.     (See 

1933,  254  §  66.) 

Sect.  17A  amended,  1939,  451  §  26. 

Sect.  17B  added,  1945,  592  §  1  (relative  to  payments  by  the  com- 
monwealth to  certain  towns  in  reimbursement  for  loss  of  taxes  by  reason 
of  propertv  taken  for  flood  control).     (See  1945,  592  §  2.) 

Sect.  18  revised,  1933,  350  §  7;  amended,  1936,  405  §  1;  1939,  451 
§  16;  1945,  624  §  1;  revised,  1945,  735  §  4;  affected,  1933,  357  §  4;  1935, 
438  §  2.    (See  1933,  307  §  11,  350  §  9;  1936,  362  §  4.) 


1092  Changes  in  the  [Chap.  58A. 

Sect.  20  revised,  1936.  362  §  3;  amended,  1937,  108  §  1;  1941,  656 
§  1;  introductory  paragraph  amended,  1945,  624  §  2.  (See  1936,  362 
§§  4,  8;    1937,  108  §  3.) 

Sect.  20A  added,  1936,  376  §  3  (relative  to  the  set-off  of  money  due 
to  the  commonwealth  from  a  city  or  town  against  sums  due  to  the  city 
or  town  from  the  commonwealth). 

Sect.  21  amended,  1933,  254  §  22;  repealed,  1934,  323  §  1.  (See 
1933,  254  §  66;   1934,  323  §  11.) 

Sects.  22  and  23  repealed,  1934,  323  §  1.     (See  1934,  323  §  11.) 

Sect.  24  amended,  1933,  254  §  23.     (See  1933,  254  §  66.) 

Sect.  24A  revised,  1934,  323  §  2;  first  sentence  amended,  1945,  624 
§  3.    (See  1934,  323  §  11.) 

Sect.  25  revised,  1934,  323  §  3;  amended,  1939,  451  §  17;  first  sen- 
tence revised,  1941,  729  §  11;  section  revised,  1945,  624  §  4;  687. 
(See  1934,  323  §  11;   1941,  729  §  15.) 

Sect.  25A  revised,  1934,  323  §  4;  first  sentence  revised,  1945,  624 
§  5.     (See  1934,  323  §  11.) 

Sect.  26  amended,  1933,  254  §  24;    repealed,  1934,  323  §  1.     (See 

1933,  254  §  66;   1934,  323  §  11.) 

Sect.  26A  added,  1945,  523  §  1  (relative  to  abatement  of  uncollectible 
taxes) . 

Sect.  27,  first  sentence  revised,  1943,  521  §  1. 

Sect.  29,  paragraph  (4)  stricken  out,  1945,  161  §  1. 

Sect.  30  revised,  1945,  624  §  6. 

Sect.  31  added,  under  heading  "forms",  1937,  135  §  1  (relative  to 
forms  of  application  for  abatement  of  taxes  and  certain  other  forms 
and  the  approval  thereof  by  the  commissioner  of  corporations  and 
taxation). 

Chapter  58.4.  —  Appellate  Tax  Board  (former  title,  Board  of  Tax  Appeals). 

Sect.  1  revised,  1937,  400  §  3.     (See  1937,  400  §§  1,  2,  4,  5,  7.) 

Sect.  5  revised,  1941,  381,  596  §  24. 

Sect.  6  amended,  1932,  180  §  10;   revised,  1933,  167  §  4:   amended, 

1934,  323  §  10;  revised,  1938,  478  §  4;  first  sentence  revised,  1941,  609 
§  2;  same  sentence  amended,  1941,  726  §  1;  same  sentence  revised, 
1945,  367  §  3;  section  revised,  1945,  621  §  1.  (See  1933,  167  §  5;  1934, 
323  §  11;  1937,  400  §  1.) 

Sect.  7  revised,  1933,  321  §  2;  amended,  1939,  451  §  18;  1945,  621 
§  2.     (See  1933,  321  §  9.) 

Sect.  7A  added,  1933,  321  §  3  (providing  for  the  establishment  of 
informal  procedure  before  the  appellate  tax  board);  revised,  1935, 
447;  third  sentence  revised,  1938,  384;  1943,  282;  section  revised, 
1945,  621  §  3.  (See  1933,  321  §§  8,  9.) 
Sect.  8  revised,  1933,  321  §  4.  (See  1933,  321  §  9.) 
Sect.  8A  added,  1935,  276  §  1  (providing  for  adequate  discovery  in 
tax  appeal  cases). 

Sect.  10  revised,  1933,  321  §  5.     (See  1933,  321  §  9.) 
Sect.  12  amended,  1933,  321  §  6.     (See  1933,  321  §  9.) 
Sect.  12A  added,  1943,  430  (relative  to  taxation  of  costs  by  the  appel- 
late tax  board  in  certain  appeals  as  to  the  assessed  value  where  it  exceeds 
the  value  as  recently  determined  by  said  board). 


Chap.  59.]  GENERAL    LaWS.  1093 

Sect.  13  revised,  1933,  321  §  7;  one  sentence  revised,  1933,  350  §  8; 
same  sentence  amended,  1935,  218  §  1;  1939,  366  §  1.  (See  1933,  321 
§  9,  350  §  9.) 


Chapter  59.  —  Assessment  of  Local  Taxes. 

For  temporary  legislation  exempting  persons  in  the  military  and  naval 
service  of  the  United  States  from  the  payment  of  poll  taxes,  see  1943, 
406. 

For  temporarj^  legislation  exempting  from  taxation  certain  real  prop- 
erty of  residents  of  the  commonwealth  serving  in  the  armed  forces  of 
the  United  States,  and  their  spouses,  see  1943,  412;   1945,  627  §  2. 

For  legislation  relative  to  the  collection  of  certain  taxes  and  other 
charges  due  the  commonwealth,  see  1943,  568;    1945,  325;   712. 

Temporary  act  relative  to  the  taking  of  appeals  involving  real  estate 
in  which  closed  banks  have  an  interest,  1941,  145  §  2. 

As  to  Boston  taxes,  see  1932.  125;  1933,  159;  1934,  201;  1935,  284; 
1936  224. 

Sect.  1  amended,  1936,  202  §  1;  revised,  1938,  186  §  3.  (See  1936, 
202  §  2;  1938,  186  §  5.) 

Sect.  5,  clause  First  revised,  1936,  81;  1938,  47;  clause  Third,  sub- 
section (c)  amended,  1933,  198  §  1  (see  1933,  198  §  2) ;  clause  Eleventh 
revised,  1938,  317;  clause  Sixteenth  revised,  1936,  362  §  1;  1941,  467 
(see  1936,  362  §§  4,  8);  clause  Seventeenth  revised,  1935,  294;  amended, 
1939,  451  §  19;   revised,  1941,  227  §  1;   clause  Seventeenth  A  added, 

1938,  186  §  4;  sentence  added  at  end,  1943,  559  (see  1938,  186  §  5); 
clause  Eighteenth  revised,  1941,  227  §  2;  clause  Twentieth  revised, 
1937,  132;  1941,  482;  clause  Twenty-second  amended,  1939,  451  §  20; 
paragraph  (a)  amended,  1945.  627  §  1 ;   clause  Twenty-third  amended, 

1932,  114  §  4;   clause  Thirty-fifth  revised,  1939,  24  §  2. 

Sect.  5A  added,  1941,  227  §  3  (relative  to  collection  of  taxes  from 
estates  of  persons  who  were  relieved  therefrom  for  lack  of  ability  to 
pay,  or  otherwise). 

Sect.  6  amended,  1933,  254  §  25;  1936,  59  §  1;  first  paragraph 
amended,  1941,  440.    (See  1933,  254  §  66;   1936,  59  §  3.) 

Sects.  6  and  7.     See  1934,  307.     ■ 

Sect.  7,  first  paragraph  amended,  1936,  59  §  2;    section  amended, 

1939,  451  §  21;   1945,  367  §  1.     (See  1936,  59  §  3.) 

Sect.  7A  added,  1945,  367  §  2  (relative  to  payments  in  lieu  of  taxes 
on  certain  property  held  by  a  municipality  or  district  in  another  mvmic- 
ipality) . 

Sect.  8  amended,  1933,  80,  254  §  26;  paragraph  added  at  end,  1935, 
119  §  1.     (See  1933,  254  §  66;   1935,  119  §  2.) 

Sect.  9  amended,  1933,  254  §  27;  revised,  1939,  342  §  4.  (See  1933, 
254  §  66.) 

Sect.  10  amended,  1933,  254  §  28.     (See  1933,  254  §  66.) 

Sect.  11  amended,  1933,  254  §  29;  revised,  1936,  92;  1939,  175.    (See 

1933,  254  §  66.) 

Sect.  16  amended,  1937,  114. 

Sect.  18,  opening  paragraph  and  clauses  First  and  Second  amended, 
1933,  264  §  30;  clause  Second  revised,  1936,  362  §  2.  (See  1933,  254 
§66;  1936,362  §8.)" 


1094  Changes  in  the  [Ch.ip.  59. 

Sect.  19  amended,  1933,  254  §  31;  revised,  1945,  143.  (See  1933, 
254  §  66.) 

Sect.  20  revised,  1933,  254  §  32;  amended,  1936,  376  §  1.  (See  1933, 
254  §  66.) 

Sect.  21  revised,  1933,  254  §  33;  1936,  376  §  2;  second  sentence 
amended,  1945,  624  §  7.    (See  1933,  254  §  66.) 

Sect.  23,  paragraph  added  at  end,  1938,  175  §  2. 

Sect.  27  amended,  1936,  118  §  2.     (See  1936,  118  §  3.) 

Sect.  29,  last  three  sentences  revised,  1933,  254  §  34.  (See  1933, 
254  §  66.) 

Sect.  33  amended,  1933,  254  §  35.     (See  1933,  254  §  66.) 

Sect.  39  amended,  1933,  254  §  36;  1939,  451  §  22.  (See  1933,  254 
§66.) 

Sect.  41  amended,  1933,  254  §  37.    (See  1933,  254  §  66.) 

Sect.  45  amended,  1933,  254  §  38:  form  appended  to  section  amended, 
1933,  254  §  39.     (See  1933,  254  §  66.) 

Sect.  47  amended,  1933,  254  §  40.     (See  1933,  254  §  66.) 

Sect.  49  amended,  1933,  254  §  41.     (See  1933,  254  §  66.) 

Sect.  57  amended,  1933,  151  §  1;  revised,  1933,  254  §  42;  1935,  158 
§  1;  amended,  1937,  203  §  1;  revised,  1938,  330  §  1;  1941,  258  §  1. 
(See  1933,  151  §  2,  254  §  66;  1935,  158  §  2;  1937,  203  §  2;  1938,  330  §  2.) 

Sect,  59,  sentence  added  at  end,  1933,  165  §  1;  section  revised,  1933, 
254  §  43,  266  §  1;  1934,  136  §  2;  amended,  1935,  187  §  1;  revised,  1939, 
250  §  1;  first  sentence  revised,  1943,  166  §  1;  1945,  621  §  4.  (See  1933, 
254  §  66,  266  §  2;  1934,  136  §  3;   1935,  187  §  2.) 

Sect.  60  revised,  1941,  209;   1945,  620. 

Sect.  61,  last  sentence  revised,  1933,  165  §  2. 

Sect.  61A  added,  1935,  276  §  2  (providing  for  adequate  discovery  in 
proceedings  for  tax  abatement). 

Sect.  63  amended,  1943,  79. 

Sect.  64,  first  paragraph  amended,  1933,  130  §  1;  second  paragraph 
amended,  1935,  218  §  2;  section  revised,  1937,  400  §  6;  1938,  478  §  1; 
first  sentence  amended,  1939,  31  §  6;  first  paragraph  revised,  1945,  621 
§  5;  second  paragraph  amended,  1939,  366  §  2;  1943,  248.  (See  1937, 
400  §§  1-5,  7.) 

Sect.  65  amended,  1933,  130  §  2,  167  §  1;  revised,  1938,  478  §  2; 
1939,  31  §  7;  first  sentence  revised,  1945,  621  §  6. 

Sect.  65A  added,  1932,  218  §  1  (providing  that  the  sale  or  taking  of 
real  property  for  payment  of  unpaid  taxes  thereon  shall  not  prejudice 
proceedings  for  the  abatement  of  such  taxes) ;  revised,  1933,  325  §  18. 
(See  1932,  218  §  2;  1933,  325  §  19.) 

Sect.  65B  added,  1938,  478  §  3  (relative  to  appeals  to  the  appellate 
tax  board  from  the  refusal  of  assessors  to  abate  certain  taxes  on  real 
estate);  revised,  1945,  621  §  7. 

Sect.  69  amended,  1935,  218  §  3;  1939,  366  §  3. 

Sect.  70 A  added,  1945,  351  §  1  (regulating  the  procedure  after  abate- 
ment of  a  local  tax,  assessment,  rate  or  charge). 

Sect.  73  amended,  1933,  254  §  44.     (See  1933,  254  §  66.) 

Sect.  74  amended,  1933,  254  §  45;  1939,  24  §  3;  1945,  137.  (See 
1933,  254  §  66.) 

Sect.  75  amended,  1934,  104. 

Sect.  77  revised,  1945,  333. 


Chap.  60.}  GENERAL   LaWS.  1095 

Sect.  78  amended,  1941,  258  §  5. 
Sect.  79  amended,  1938,  150  §  1. 

Sect.  83  amended,  1933,  254  §  46;  1939,  24  §  4.  (See  1933,  254  §  66.) 
Sect.  84  amended,  1933,  254  §  47.  (See  1933,  254  §  66.) 
Sect.  85  amended,  1933,  254  §  48;  repealed,  1945,  271.  (See  1933, 
254  §  66.)  Affected,  1941,  609. 

Sect.  86  amended,  1933,  254  §  49.  (See  1933,  254  §  66.) 

Chapter  60.  —  Collection  of  Local  Taxes. 

Temporary  act  relative  to  the  care  and  disposal  of  land  acquired 
by  cities  and  towns  through  foreclosure  of  tax  titles,  1938,  358;  amended 
to  include  care  and  disposal  of  lands  of  low  value  acquired  by  cities  and 
towns  through  purchase,  1939,  123;  further  amended  and  extended, 
1941,  296. 

Sect.  1,  third  paragraph  revised,  1933,  164  §  1;  last  two  paragraphs 
amended,  1943,  37  §  1. 

Sect.  3  revised,  1933,  254  §  50;  amended,  1941,  258  §  2;  1943,  37 
§  2;  sentence  inserted  after  third  sentence,  1943,  166  §  2.  (See  1933, 
254  §  66.) 

Sect.  3A  added,  1934,  136  §  1  (requiring  that  certain  information 
relative  to  abatement  or  exemptions  be  included  in  tax  bills) ;  amended, 
1936,  156;  revised,  1943,  166  §  3,  564  §  1.  (See  1934,  136  §  3;  1943, 
564  §  2.) 

Sect.  3B  added,  1935,  322  §  2  (relative  to  the  suspension  of  payment 
of  certain  assessments  payable  by  certain  persons  entitled  to  exemp- 
tion from  local  taxes). 

Sect.  4  revised,  1939,  342  §  5. 

Sect.  5  revised,  1933,  168  §  2;  amended,  1941,  258  §  3. 

Sect.  13,  sentence  added  at  end,  1937,  143  §  5;  section  revised,  1939, 
44;  1941,  308. 

Sect.  15,  first  paragraph  amended,  1934,  151  §  2;  1935,  252  §  1; 
section  revised,  1943,  179. 

Sect.  15A  added,  1935,  252  §  2  (further  regulating  charges  and  fees 
for  the  collection  of  poll  taxes). 

Sect.  16  revised,  1933,  168  §  1;  amended,  1933,  254  §  51.  (See  1933, 
168  §  4,  254  §  66.) 

Sect.  18  repealed,  1932,  54  §  1. 

Sect.  22  revised,  1933,  254  §  52;  affected,  1933,  308.  (See  1933, 
254  §  66.) 

Sect.  22 A  added,  1941,  573  §  1  (relative  to  bills  for  taxes  on  parcels 
of  real  estate  and  payments  on  account  thereof).    (See  1941,  573  §  2.) 

Sect.  23  revised,  1932,  197  §  1;  two  sentences  added  at  end,  1943, 
478  §  3. 

Sect.  35  revised,  1938,  150  §  2. 

Sect.  37  amended,  1933,  254  §  53,  325  §  1;  1934,  131  §  2;  revised, 
1934,  169;  amended,  1935,  269;  1936,  146;  last  sentence  revised,  1941, 
84  §  1;  section  revised,  1943,  478  §  1.  (See  1933,  254  §  66;  1934,  131 
§  3;   1941,  84  §  2.) 

Sect.  37 A  added,  1943,  478  §  2  (relative  to  the  continuance  of  local 
tax  liens  during  the  existence  of  legal  impediments  to  sales  or  takings 
thereunder). 


1096  Changes  in  the  [Chap.  go. 

Sect.  38  amended,  1933,  254  §  54,  325  §  2.  (See  1933,  254  §  66, 
325  §  21.) 

Sect.  39  amended,  1933,  325  §  3. 

Sect.  42  revised,  1933,  164  §  2. 

Sect.  43,  last  sentence  revised,  1932,  54  §  2;  section  amended,  1935, 
183  236 

Sect.  45  amended,  1933,  325  §  4;  1937,  209;  1938,  339  §  1. 

Sect.  46,  paragraph  added  at  end,  1934,  131  §  1. 

Sect.  48  amended,  1933,  325  §  5.     (See  1933,  325  §  20.) 

Sect.  50  revised,  1933,  325  §  6;  amended,  1935,  414  §  1;  1936,  93  §  2; 
amended,  1941,  319  §  1.     (See  1935,  414  §  4;  1941,  319  §§  3,  4.) 

Sect.  50A  added,  1934,  154  §  2  (providing  for  protection  of  interests 
in  real  estate  held  under  tax  sales  or  takings). 

Sect.  51  amended,  1933,  254  §  55.     (See  1933,  254  §  66.) 

Sect.  52  revised,  1936,  392  §  1. 

Sect.  53  revised,  1933,  164  §  3.     (See  1933,  325  §  20.) 

Sect.  54  amended,  1933,  325  §  7;   1938,  339  §  2. 

Sect.  55  amended,  1933,  325  §  8. 

Sect.  58  revised,  1932,  2;   1939,  250  §  2. 

Sect.  59  amended,  1933,  254  §  56.     (See  1933,  254  §  66.) 

Sect.  60  revised,  1945,  130. 

Sect.  61  revised,  1933,  325  §  9;  amended,  1934,  48;  1936,  93  §  1. 
(See  1933,  325  §  20.) 

Sect.  61A  added,  1943,  188  (relative  to  taking  for  nonpayment  of 
taxes  lands  subject  to  tax  titles  held  by  municipalities  when  the  assess- 
ment unit  is  changed). 

Sect.  62  revised,  1933,  325  §  10;  first  paragraph  amended,  1934, 
218;  same  paragraph  revised,  1935,  414  §  2;  second  paragraph  revised, 
1935,  278;  section  revised,  1936,  392  §  2;  second  paragraph  amended, 
1941,  231;  paragraph  inserted  after  the  second  paragraph,  1938,  415 
§  5.     (See  1935,  414  §  4.) 

Sect.  63  amended,  1933,  325  §  11;  revised,  1936,  392  §  3. 

Sect.  65  amended,  1933,  325  §  12;   1938,  305. 

Sect.  66  amended,  1935,  224  §  1.     (See  1935,  224  §  6.) 

Sect.  67  amended,  1935,  224  §  2.     (See  1935,  224  §  6.) 

Sect.  68  amended,  1935,  224  §  3;  paragraph  added  at  end,  1935, 
354  §  1;  section  amended,  1935,  414  §  3.  (See  1935,  224  §  6,  354  §  3, 
414  §  4.) 

Sect.  69  amended,  1935,  224  §  4;  sentence  added  at  end,  1945,  226 
§  1.     (See  1935,  224  §  6.) 

Sect.  69A  added,  1945,  226  §  2  (relative  to  the  conclusiveness  of 
decrees  foreclosing  tax  titles). 

Sect.  70  amended,  1935,  224  §  5.     (See  1935,  224  §  6.) 

Sect.  71  amended,  1941,  319  §  2.     (See  1941,  319  §§  3,  4.) 

Sect.  75  amended,  1936,  189  §  1. 

Sect.  76  revised,  1935,  318  §  1;  amended,  1936,  189  §  2.  (See  1935, 
318  §§  2,  8.) 

Sect.  76A  added,  1935,  354  §  2  (providing  for  redemption  in  part 
from  tax  sales  in  certain  cases);  paragraph  added  at  end,  1939,  181. 
(See  1935,  354  §  3.) 

Sect.  76B  added,  1938,  415  §  6  (relative  to  the  effect  of  errors  or 
irregularities  in  respect  to  water  rates  and  charges  included  in  a  tax 
title  account). 


Chaps.  60A,  Gl.]  GENERAL   LaWS.  1097 

Sect.  76C  added,  1945,  268  (providing  for  notice  to  certain  munic- 
ipal officers  of  certain  action  in  connection  with  tax  titles). 

Sect.  77,  paragraph  added  at  end,  1938,  339  §  3. 

Sect.  77A  added,  1945,  78  (relative  to  recording  of  deeds  of  cities 
and  towns  conveving  land  acquired  through  foreclosure  of  tax  titles). 

Sect.  78  amended,  1933,  325  §  13;  repealed,  1936,  194.  (See  1933, 
325  §  20.) 

Sect.  79,  second  paragraph  amended,  1933,  325  §  14;  1935,  173  §  1; 
sfotiion  rGvisGQ   1941   594  v  1 

Sect.  80  amended'  1933,  325  §  15;  revised,  1935,  173  §  2;  amended, 
1941,  594  §  2.     (See  1939,  123;    1941,  296.) 

Sects.  80 A  and  80B  added,  1941,  594  §  3  (relative  to  the  validity  of 
title  acquired  at  sales  of  lands  of  low  value  held  by  cities  and  towns 
under  tax  titles). 

Sect.  82  amended,  1945,  267  §  1. 

Sect.  83  amended,  1945,  267  §  2. 

Sect.  84  revised   1935  260. 

Sect!  84A  revised,  1933,  325  §  16;  1935,  181  §  1.    (See  1935,  181  §  2.) 

Sect.  92  revised,  1933,  82  §  1;  amended,  1934,  259  §  1. 

Sect.  93  revised,  1943,  199;  last  sentence  revised,  1945,  397  §  2. 
(See  1945,  397  §  3.) 

Sect.  95  revised,  1933.  325  §  17;  amended,  1934,  315  §  2;  revised, 
1935,  248  §  3;  amended,  1939,  451  §  23;  1941,  380  §  6;  sentence 
added  at  end,  1943,  107.    (See  1934,  315  §  3.) 

Sect.  97  revised,  1934,  151  §  1. 

Sect.  104  revised,  1937,  43. 

Sect.  105  revised,  1933,  168  §  3;   1941,  258  §  4. 

Form  2  in  schedule  at  end  of  chapter  repealed,  1932,  54  §  1 ;  schedule 
of  forms  at  end  of  chapter  stricken  out,  1933,  168  §  3. 


Chapter  60A.  —  Excise  Tax  on  Registered  Motor  Vehicles  in  Lieu  of  Local 

Tax. 

Sect.  1,  first  paragraph  amended,  1936,  384  §  1;  last  paragraph 
amended,  1936,  384  §  2;  paragraph  added  at  end,  1938,  111;  section 
revised,  1938,  480  §  1;  fourth  paragraph  amended,  1941,  718  §  1.  (See 
1941,  718  §  2.) 

Sect.  2  revised,  1936, 384  §  3;  1938,  480  §  2;  ninth  sentence  amended, 
1939,  366  §  4. 

Sect.  2A  added,  1938,  492  §  1  (providing  for  the  suspension  of  cer- 
tificates of  registration  in  cases  of  nonpayment  of  the  excise  on  regis- 
tered motor  vehicles);  last  sentence  stricken  out,  1943,  18;  second 
sentence  revised,  1945,  443. 

Sect.  3  revised,  1936,  384  §  4;   1938,  480  §  3. 

Sect.  4  revised,  1938,  480  §  4,  492  §  2. 

Sect.  6  amended,  1936,  384  §  5;  revised,  1938,  480  §  5. 


Chapter  61.  —  Classification  and  Taxation  of  Forest  Lands  and  Forest 
Products  (former  title  Taxation  of  Forest  Products  and  Classification 
and  Taxation  of  Forest  Lands). 

Sect.  3  amended,  1933,  254  §  57.  (See  1933,  254  §  66.) 
Sect.  5  amended,  1941,  490  §  15. 


1098  Changes  in  the  [Chap.  62. 

Chapter  stricken  out,  and  new  chapter  61  (with  new  title)  inserted,  1941, 
652  §  1.     (See  1941,  652   §  2.) 

Sect.  1,  first  paragraph  stricken  out  and  two  paragraphs  inserted, 
1943,  461  §  1.     (See  1943,  461  §§  4  and  5.) 

Sect.  2,  second  schedule  and  all  preceding  such  schedule  revised, 
1943,  461  §  2.     (See  1943,  461  §§  4  and  5.) 

Sect.  6  amended,  1943,  461  §  3.     (See  1943,  461  §§  4  and  5.) 


Chapter  62.  —  Taxation  of  Incomes. 

For  legislation  establishing  an  additional  tax  upon  personal  incomes 
to  provide  funds  for  old  age  assistance.    See  1941,  729  §§9,  15. 

For  temporary  legislation  relative  to  the  taxation  of  dividends  of 
certain  corporations,  see  1933,  307,  357;  1935,  489;  1936,  82  §  1;  1937, 
395;   1938,  489  §§  2-5;   1939,373;   1941,331;   1943,285. 

For  temporary  legislation  providing  for  additional  taxes  upon  per- 
sonal incomes,  see  1935,  480;  1936,  397;  1937,  422;  1938,  502;  1939, 
454  §  19;  1941,  416  §§  1,  3;   1943,  482  §§  1,  3,  4;  1945,  557  §§  1,  3,  4. 

Sect.  1,  subsection  (6)  revised,  1945,  735  §  1;  subsection  (c),  para- 
graph Third  added,  1935,  489  §  6;  subsection  (e)  amended,  1935,  489 
§  7.    (See  1945,  735  §  5.) 

Sect.  3  revised,  1943,  45  §  1. 

Sect.  5,  paragraph  (b)  amended,  1935,  489  §  8;  same  paragraph 
revised,  1939,  486  §  1;  paragraph  (c)  revised,  1934,  363  §  1;  1935,  481 
§  1.    (See  1934,  363  §  2;   1935,  481  §  2;   1939,  486  §  3.) 

Sect.  6,  clause  (g)  revised,  1935,  436  §  1;  clause  (h)  revised,  1943, 
511.     (See  1935,  436  §  2.) 

Sects.  7A  and  7B  added,  1935,  438  §  1  (relative  to  income  taxation 
of  gains  from  certain  transactions  in  real  property). 

Sect.  8,  paragraph  added  at  end,  1945,  625  §  4. 

Sect.  18.     See  Sect.  18  of  Chapter  58  in  this  Table. 

Sect.  21 A  added,  under  caption  "presumption  as  to  inhabitancy", 
1936,  310  (providing  that  individuals  under  certain  circumstances  shall 
be  presumed  to  be  inhabitants  of  the  Commonwealth  for  income  tax 
purposes) ;  repealed,  1938,  489  §  8. 

Sect.  22  revised,  1939,  486  §  2.     (See  1939,  486  §  3.) 

Sect.  24  revised,  1943,  45  §  2. 

Sect.  25A  added,  1935,  438  §  3  (relative  to  returns  of  taxable  gains 
from  certain  transactions  in  real  property). 

Sect.  30  amended,  1935,  152. 

Sect.  31  revised,  1943,  45  §  3. 

Sect.  33,  first  paragraph  revised,  1943,  45  §  4;  second  paragraph 
revised,  1945,  735  §  2;  paragraph  added,  1932,  186.    (See  1945,  735  §  5.) 

Sect.  36  amended,  1933,  167  §  2. 

Sect.  37  revised,  1933,  350  §  1.     (See  1933,  350  §  9.) 

Sect.  37A  added,  1933,  350  §  2  (providing  for  the  payment  of  income 
taxes  in  two  installments).     (See  1933,  350  §  9.) 

Sect.  39,  first  sentence  revised,  1933,  350  §  3.     (See  1933,  350  §  9.) 

Sect.  41  revised,  1932,  152;   1933,  350  §  4.     (See  1933,  350  §  9.) 

Sect.  43  amended,  1933,  350  §  5;  1937,  135  §  2.    (See  1933,  350  §  9.) 

Sect.  45  amended,  1939,  451  §  24;  last  sentence  stricken  out,  1945, 
523  §  2. 

Sect.  46  revised,  1933,  350  §  6.     (See  1933,  350  §  9.) 

Sect.  56  revised,  1943,  45  §  5. 


Chap.  63.]  GenEKAL   LawS.  1099 


Chapter  63.  —  Taxation  of  Corporations. 

Sect.  1,  paragraph  defining  "Bank"  revised,  1943,  472;  paragraph 
defining  "Net  income"  revised,  1933,  327  §  1.    (See  1933,  327  §  7.) 

Sect.  2  amended,  1933,  327  §  2;  1939,  451  §  25;  1941,  509  §  3.  (See 
1933  327  §  7*  1941   509  §  9  ) 

Sect.  3  amended,' 1933,  254  §  58;  1934,  323  §  5;  1945,  161  §  2.  (See 
1933,  254  §  66;   1934,  323  §  11.) 

Sect.  4  amended,  1939,  368;  1941,  509  §  4.    (See  1941,  509  §  9.) 

Sect.  5  amended,  1933,  254  §  59;  repealed,  1934,  323  §  1.  (See  1933, 
254  §  66;  1934,  323  §  11.) 

Sect.  6  repealed,  1934,  323  §  1.     (See  1934,  323  §  11.) 

Sect.  12,  paragraph  (c)  amended,  1937,  274  §  1;  paragraph  (h)  added 
at  end,  1934,  362. 

Sect.  18  revised,  1939,  447  §  1.     (See  1939,  447  §  3.) 

Sect.  18A  amended,  1939,  447  §  2.     (See  1939,  447  §  3.) 

Sect.  20  amended,  1941,  509  §  5;  revised,  1943,  531  §  1.  (See  1941, 
509  §  9;   1943,  531  §§  2,  3,  7.) 

Sect.  22  revised,  1945,  721  §  1.    (See  1945,  721  §  5.) 

Sect.  23  revised,  1945,  721  §  2.    (See  1945,  721  §  5.) 

Sect.  24  amended,  1943,  531  §  4;  revised,  1945,  721  §  3.  (See  1943, 
531  §  7;   1945,  721  §  5.) 

Sect.  25  amended,  1943,  531  §  5;  1945,  721  §  4.  (See  1943,  531  §  7; 
1945   721  §  5  ) 

_  Sect.  28  amended,  1939,  451  §  27;  1941,  509  §  6;  revised,  1943,  531 
§  6;  paragraph  inserted  after  second  paragraph,  1945,  342.  (See  1941, 
509  §  9;   1943,  531  §  7.) 

Sects.  30-51.     See  1934,  317  §  2. 

Sects.  30-60.  For  legislation  establishing  an  additional  tax  under 
these  sections  to  provide  funds  for  old  age  assistance,  see  1941,  729 
§§  9,  15. 

For  temporary  legislation  providing  for  additional  taxes  levied  under 
these  sections,  see  1935,  480;  1936,  397;  1937,  422;  1938,  502;  1939, 
454  §  19;   1941,  416  §§  1,  3;   1943,  482  §§  1,  3,  4;   1945,  557  §§  1,  3,  4. 

Sect.  30,  paragraph  2  revised,  1943,  459  §  1;  paragraph  3,  subdivi- 
sion (a)  revised,  1939,  24  §  5;  paragraph  contained  in  lines  48-51 
amended,  1933,  58  §  3,  revised,  1943,  459  §  2;  paragraph  contained  in 
lines  52-69  revised,  1934,  237  §  1 ;  paragraph  4,  subdivision  (a)  revised, 
1939,  24  §  6;  paragraph  contained  in  lines  70-74  amended,  1933,  58  §  4, 
revised,  1934,  237  §  1,  1943,  459  §  3;  paragraph  5  revised,  1933,  327  §  3. 
(See  1933,  58  §  5,  327  §  7;   1934,  237  §  2.) 

Sect.  32  revised,  1933,  342  §  1;  amended,  1936,  362  §  5;  1939,  363 
§  1.     (See  1933,  342  §  6;  1936,  362  §  8;  1939,  363  §  2.) 

Sect.  32A  amended,  1933,  342  §  2.     (See  1933,  342  §  6.) 

Sect.  33  revised,  1933,  303  §  1.     (See  1933,  303  §  3.) 

Sect.  34  amepded,  1933,  327  §  4.     (See  1933,  327  §  7.) 

Sect.  35  revised   1933  58  §  1 

Sect.'  36  revised^  1933*,  327  §  5;  amended,  1935,  473  §  2.  (See  1933, 
327  §  7;  1935,  473  §  7.) 

Sect.  38,  paragraph  10  added  at  end,  1933,  342  §  3.  (See  1933, 
342  §  6.) 

Sect.  38B,  last  paragraph  amended,  1935,  473  §  3.  (See  1935,  473 
§  7.)     [For  temporary  legislation  affecting  taxation,  during  the  years 


1100  Changes  in  the  [Chaps.  64,  64A. 

1934  to  1946,  inclusive,  of  corporations  subject  to  this  section,  see  1934, 
317  §  1;  1935,  489  §  4;  1937,  395  §  5;  1938,  489  §  6;  1939,  373  §  5; 
1941,  331  §  5;   1943,  285  §  5.] 

Sect.  38C  revised,  1937,  383  §  1.     (See  1937,  383  §  3.) 

Sect.  39,  subsection  (1)  revised,  1936,  362  §  6;  last  paragraph 
amended,  1933,  327  §  6;  new  paragraph  added  at  end,  1933,  342  §  4. 
(See  1933,  327  §  7,  342  §  6;  1936,  362  §  8.) 

Sect.  39A  revised,  1933,  303  §  2;  first  paragraph  amended,  1934,  134. 
(See  1933,  303  §  3.) 

Sect.  40  revised,  1933,  58  §  2. 

Sect.  42,  last  sentence  amended,  1932,  180  §  11;  section  revised, 
1933,  342  §  5.     (See  1933,  342  §  6.) 

Sect.  42B  revised,  1937,  383  §  2.     (See  1937,  383  §  3.) 

Sect.  43  repealed,  1945,  735  §  3.  (See  1933,  307  §  9A;  1935,  489 
§  2;  1937,  395  §  2;  1938,  489  §  3;  1939,  373  §  2;  1941,  331  §  2;  1943, 
285  §  2.) 

Sect.  44  amended,  1935,  473  §  4;  1936,  362  §  7.  (See  1935,  473  §  7; 
1936,  362  §  8.) 

Sect.  45  amended,  1933,  195  §  1;  revised,  1935,  473  §  5;  amended, 
1943,  395.    (See  1933,  195  §  2;   1935,  473  §  7.) 

Sect.  48  revised,  1935,  473  §  1.     (See  1935,  473  §  7.) 

Sect.  53,  first  paragraph  amended,  1933,  254  §  60;  1941,  509  §  7; 
clause  Fourth  revised,  1934,  323  §  6.  (See  1933,  254  §  66;  1934,  323 
§  11;  1941,  509  §9.) 

Sect.  54,  paragraph  in  lines  9-17  amended,  1933,  254  §  61;  same 
paragraph  revised,  1934,  323  §  7;  last  paragraph  amended,  1934,  323 
§  7A.     (See  1933,  254  §  66;  1934,  323  §  11.) 

Sect.  55,  first  paragraph  amended,  1936,  134;  section  amended,  1939, 
24  §7. 

Sect.  56A  revised,  1934,  317  §  3.     (See  1934,  317  §  4.) 

Sect.  59  amended,  1934,  323  §  8.     (See  1934,  323  §  11.) 

Sect.  60  amended,  1939,  451  §  28;  1941,  509  §  8.    (See  1941,  509  §  9.) 

Sect.  68A  amended,  1939,  24  §  8. 

Sect.  70  revised,  1935,  473  §  6.     (See  1935,  473  §  7.) 

Sect.  71  amended,  1933,  167  §  3;  1939,  451  §  29;  last  sentence 
stricken  out,  1945.  523  §  3. 

Sect.  71A  amended,  1935,  150;  1939,  451  §  30. 

Sect.  7 IB  added,  1937,  135  §  3  (providing  that  apphcations  for  abate- 
ment or  correction  of  taxes,  made  pursuant  to  any  provision  of  this 
chapter,  shall  be  in  writing  upon  forms  approved  by  the  commissioner). 

Sect.  81  revised,  1939,  24  §  9. 

Chapter  64.  —  Taxation  of  Stock  Transfers. 

Sect.  6  amended,  1939,  451  §  31. 

Chapter   64A.  —  Taxation   of   Sales  of   Gasoline   and    Certliin   Other   Motor 

Vehicle  Fuel. 

Chapter  affected,  1932,  248;  1935,  336;  1936,  398;  1938,  431  §  2; 
1939,  408;    1941,  330;   1943,  270;    1945,  571. 

Sect.  1,  paragraph  (d)  revised,  1936,  357  §  1;  paragraph  (g)  amended, 
1941,  490  §  16.     (See  1936,  357  §  3.) 


Chaps.  64B-G5A.]  GENERAL   LaWS.  1101 

Sect.  3,  last  sentence  amended,  1943,  420  §  1. 
Sect.  4  revised,  1938,  431  §  1,  paragraph  added  at  end,  1945,  556. 
Sect.  5  amended,  1936,  357  §  2;   1939,  451  §  32;   revised,  1943,  420 
§  2.     (See  1936,  357  §  3.) 
Sect.  7  revised,  1943,  420  §  3. 

Sect.  10  amended,  1939,  451  §  33;  revised,  1943,  420  §  4. 
Sect.  12  revised,  1941,  490  §  17. 

Chapter  64B.  —  Excise   upon   Charges  for  Meals  served   to  the   Public. 

New  chapter  inserted,  1941,  729  §  17.     (See  1941,  729  §  15.) 

Sect.  1,  definition  of  "taxable  cliarge,"  revised,  1945,  663  §  1. 

Sect.  2  revised,  1945,  663  §  2. 

Sect.  3  revised,  1945,  663  §  3. 

Sect.  6,  paragraph  added  at  end,  1943,  521  §  2. 


Chapter  64C.  —  Cigarette  Excise. 

New  chapter  inserted,  1945,  547  §  1.    (See  1945,  547  §§  2,  3;  731  §  9.) 
For  legislation  providing  for  temporary  cigarette  taxes,  see   1939, 
454  §§  1-18;    1941,  417;   715;    1943,  407. 

Chapter  65.  —  Taxation  of  Legacies  and  Successions. 

For  legislation  establishing  an  additional  tax  upon  legacies  and  suc- 
cessions to  provide  funds  for  old  age  assistance,  see  1941,  729  §§  9A,  15. 

For  temporary  legislation  providing  for  additional  taxes  upon  legacies 
and  successions,  see  1935,  480;  1936,  397;  1937,  422;  1938,  502;  1939, 
454  §§  20,  22;  1941,  416  §§  2,  3;  1943,  482  §§  2,  3,  4;  1945,  557  §§  2, 
3,4. 

Sect.  1,  table  revised,  1933,  293;  1941,  415  §  1;  first  sentence  re- 
vised, 1941,  605  §  1.    (See  1941,  415  §  2,  605  §  2.) 

Sect.  3  amended,  1939,  380. 

Sects.  24A-24F  added,  1933,  319  (providing  reciprocal  relations  in 
respect  to  death  taxes  upon  estates  of  non-resident  decedents). 

Sect.  25  amended,  1939,  451  §  34;  revised,  1939,  494  §  1. 

Sect.  26  amended,  1939,  451  §  35;  revised,  1939,  494  §  2. 

Sect.  32  amended,  1939,  451  §  36;  last  sentence  stricken  out,  1945, 
523  §  4. 

Chapter  65A.  —  Taxation  of  Transfers  of  Certain  Estates. 

Sect.  1,  paragraph  added  at  end,  1932,  284;  second  paragraph  re- 
vised, 1933,  316  §  1;  section  amended,  1937,  420  §  1.  (See  1933,  316 
§  2;   1937,  420  §  4.) 

Sect.  5  stricken  out,  and  new  sections  5-5B  inserted,  1943,  519  §  1 
(providing  for  the  equitable  apportionment  in  certain  cases  of  estate 
taxes  and  the  collection  and  payment  thereof).     (See  1943,  519  §  2.) 

Sect.  6  amended,  1937,  420  §  2;  last  sentence  revised,  1943,  471; 
1945,  529.    (See  1937,  420  §  4.) 

Sect.  7  repealed,  1937,  420  §  3.     (See  1937,  420  §  4.) 


1102  Changes  in  the  [Chaps.  65B-69. 


Chapter  65B.  —  Settlement  of  Disputes  respecting  the  Domicile  of  Dece- 
dents for  Death  Tax  Purposes. 

New  chapter  inserted,  1943,  428  §  1.     (See  1943,  428  §  3.) 

Chapter  66.  —  Public  Records. 

Sect.  1  amended,  1945,  580  §  7. 

Sect.  3  revised,  1936,  305;   1941,  662  §  1. 

Sects.  5,  7  and  16  affected,  1941,  662  §  2. 

Sect.  8,  amended,  1943,  128. 

Sect.  15  amended,  1939,  40. 

Sect.  17A  added,  1941,  630  §  1  (making  records  relating  to  old  age 
assistance,  aid  to  dependent  children  and  aid  to  the  blind  confidential); 
revised,  1943,  169;  amended,  1945,  240  §  1. 

Sect.  18  amended,  1945,  393  §  6. 


Chapter  67.  —  Parishes  and   Religious  Societies. 

Sect.  7  revised,  1945,  28. 

Chapter  68.  —  Donations  and  Conveyances  for  Pious  and  Charitable  Uses. 

Sect.  10,  sentence  added  at  end,  1934,  238. 

Chapter   69.  —  Powers   and    Duties    of    the    Department   of    Education. 

Sect.  6  amended,  1932,  127  §  3. 

Sect.  7  amended,  1935,  275;  1937,  213,  327;  1938,  315;  revised, 
1938,  424;  amended,  1941,  351  §  6,  561;  revised,  1943,  403. 

Sect.  8  amended,  1932,  127  §  4. 

Sect.  9  amended,  1938,  442  §  1. 

Sect.  9A  added,  1938,  442  §  2  (further  regulating  education  in  the 
use  of  English  and  certain  other  subjects  adapted  to  fit  persons  for 
American  citizenship). 

Sect.  11  revised,  1939,  409  §  4.     (See  1939,  409  §§1,  5.) 

Sect.  19  amended,  1943,  89  §  1. 

Sect.  19A  added,  1943,  89  §  2  (requiring  reports  to  the  director  of 
the  division  of  the  blind  of  results  of  examinations  of  blind  persons). 

Sect.  19B  added,  1945,  554  (providing  for  examinations  by  ophthal- 
mologists of  certain  applicants  for  aid  to  the  blind). 

Sect.  23  revised,  1943,  526;  paragraph  added  at  end,  1945,  541  §  1. 

Sect.  23A  added,  1938,  28  (requiring  the  furnishing  of  information 
to  the  director  of  the  division  of  the  blind  by  certain  banks  and  other 
depositories). 

Sect.  23B  added,  1945,  541  §  2  (relative  to  granting  aid  or  assistance 
to  certain  blind  persons). 

Sect.  25  revised,  1935,  397. 

Sects.  25A-25E  added,  1938,  329  (regulating  the  raising  of  funds  for 
the  benefit  of  the  blind). 

Sect.  26,  first  paragraph  amended,  1945,  524;  paragraph  added  at 
end,  1935,  286. 


Chaps.  70-71.]  GENERAL  Laws.  1103 

Sect.  26 A  added,  1941,  630  §  2  (relative  to  information  concerning 
recipients  of  aid  to  the  blind). 

Sect.  29  added,  1938,  313  (relative  to  instruction  in  lip  reading  for 
certain  school  children  whose  hearing  is  defective). 

Sects.  30  and  31  added,  1943,  549  §  3,  under  caption  "Board  of  Col- 
legiate Authority"  (relative  to  approval  by  said  board  of  the  organiza- 
tion of  certain  educational  institutions  and  of  certain  amendments  to 
their  charters). 


Chapter  70.  —  School  Funds  and  Other  State  Aid  for  Public  Schools. 

Sect.  1A  added,  1941,  524  (relative  to  reimbursement  to  cities  and 
towns  for  certain  school  salaries). 

Sect.  2  amended,  1932,  127  §  5;  paragraph  (3)  revised,  1943,  12; 
paragraphs  (1),  (2)  and  (3)  revised,  1945,  563. 

Sect.  4,  last  paragraph  amended,  1934,  143. 

Sect.  6  amended,  1932,  127  §  6. 

Sect.  6A  added,  1945,  579  §  1  (providing  for  the  identification  of 
state  payments  to  municipalities  as  part  reimbursement  for  school 
expenditures) . 

Sect.  11,  paragraph  contained  in  lines  6-9  revised,  1943,  14;  para- 
graph (3)  revised,  1941,  532. 

Sect.  17A  added,  1945,  579  §  2  (providing  for  the  identification  of 
state  allotments  to  municipalities  from  the  Massachusetts  School 
Fund). 

Sect.  18  amended,  1932,  127  §  7. 


Chapter  71.  —  Public  Schools. 

Sect.  2  amended,  1938,  246  §  L 

Sect.  7  amended,  1941,  590. 

Sect,  13 A  added,  1938,  241  (requiring  the  teaching  of  the  Italian 
language  in  certain  public  high  schools  in  certain  cases). 

Sect,  13B  added,  1939,  311  (relative  to  the  teaching  of  modern  lan- 
guages in  certain  pubhc  high  schools). 

Sect.  13C  added,  1945,  402  (requiring  the  teaching  of  the  Polish 
language  in  certain  public  high  schools  in  certain  cases). 

Sect.  19  amended,  1939,  461  §  1. 

Sect.  21  amended,  1945,  133  §  1. 

Sect.  30A  added,  1935,  370  §  1  (requiring  that  an  oath  or  affirma- 
tion be  taken  and  subscribed  to  by  certain  professors,  instructors  and 
teachers  in  the  colleges,  universities  and  schools  of  the  commonwealth). 
(See  1935.  370  §§  2,  2A,  3.) 

Sect.  34  revised,  1939,  294. 

Sects.  34 A  and  34B  added,  1943,  547  (requiring  persons  operating  or 
maintaining  educational  institutions  to  furnish,  upon  request,  certain 
transcripts  of  records). 

Sects.  38A-38F  added,  1941,  676  §  2  (relative  to  occupational  guid- 
ance and  placement).     (See  1941,  646,) 

Sect.  40  amended,  1941,  507;  1943,  494;  revised,  1945,  727  §  1. 
(See  1945,  727  §  2.) 

Sect.  42  revised,  1934,  123. 


1104  Changes  in  the  [Chaps.  72-74. 

Sect.  42A  added,  1945,  330  (giving  certain  rights  to  school  principals 
and  supervisors  in  cases  of  demotion). 

Sect.  46  amended,  1941,  194  §  4. 

Sect.  46A  amended,  1932,  159;  revised,  1945,  534. 

Sect.  47  revised,  1935,  199. 

Sect.  48A  amended,  1935,  47. 

Sect.  52  amended,  1932,  90. 

Sect.  54  amended,  1938,  265  §  1 ;    1945,  133  §  2. 

Sect.  55  revised,  1938,  265  §  2. 

Sect.  55A  added,  1938,  265  §  3  (relative  to  the  disposition  of  children 
showing  signs  of  ill  health  or  of  being  infected  with  a  dangerous  disease). 

Sect.  56  revised,  1938,  265  §  4. 

Sect.  57  revised,  1943,  384. 

Sect.  58  amended,  1932,  127  §  8;  revised,  1935,  287;  repealed,  1945, 
543  §  1. 

Sect.  63,  paragraph  added  at  end,  1945,  223  §  1.    (See  1945,  223  §  2.) 

Sect.  66,  paragraph  added  at  end.  1937,  281. 

Sect.  68  revised,  1934,  97  §  1.     (See  1934,  97  §  2.) 

Sect.  69  revised,  1935,  258. 

Sect.  71  amended,  1935,  193. 


Chapter  72.  —  School   Registers  and   Returns. 

Sect.  3,  paragraph  in  hues  6-10  revised,  1939,  461  §  2. 


Chapter  73.  —  State  Teachers  Colleges  (former  title,  State  Normal  Schools). 

Title  changed,  1932,  127  §  9. 

Sect.  1  amended,  1932,  127  §  10. 

Sect.  2  amended,  1932,  127  §  11. 

Sect.  2A  added,  1938,  246  §  2  (making  the  constitutions  of  the  United 
States  and  of  this  Commonwealth  required  subjects  of  instruction  in 
State  Teachers  Colleges). 

Sect.  3  amended,  1932,  127  §  12. 

Sect.  4  amended,  1932,  127  §  13. 

Sect.  4A  amended,  1932,  127  §  14. 

Sect.  5  amended,  1932,  127  §  15.  (Temporarily  affected,  1933,  233; 
1934,  130;  1935,  277.) 

Sect.  6  amended,  1932,  127  §  16. 

Sect.  7  amended,  1932,  127  §  17;  revised,  1935,  21. 


Chapter  74.  —  Vocational  Education. 

Sect.  1  revised,  1938,  446  §  1;   amended,  1941,  617  §  1.     (See  1938, 
446  §  14.) 

Sect.  2  amended,  1938,  446  §  2.  (See  1938,  446  §  14.) 
Sect.  3  amended,  1938,  446  §  3.  (See  1938,  446  §  14.) 
Sect.  4  amended,  1938,  446  §  4.  (See  1938,  446  §  14.) 
Sect.  6  amended,  1938,  446  §  5.  (See  1938,  446  §  14.) 
Sect.  7  amended,  1938,  446  §  6.  (See  1938,  446  §  14.) 
Sect.  8A  revised,  1937,  323;  paragraph  added  at  end,  1939,  308. 


Chaps.  75-79.]  GENERAL   LawS.  1105 

Sect.  9  amended,  1938,  446  §  7.     (See  1938,  446  §  14.) 

Sect.  11  amended,  1933,  102  §  2;   1941,  617  §  2.    (See  1933,  102  §  4.) 

Sect.  13  amended,  1938,  446  §  8.     (See  1938,  446  §  14.) 

Sect.  14  revised,  1943,  540. 

Sect.  14A  added,  1943,  540  (relative  to  federal  funds  for  vocational 

education). 

Sect.  19  revised,  1938,  446  §  9.     (See  1938,  446  §  14.) 

Sect.  21  amended,  1938,  446  §  10.     (See  1938,  446  §  14.) 

Sect.  22  amended,  1938,  446  §  11.     (See  1938,  446  §  14.) 

Sect.  22A  amended,  1938,  446  §  12.     (See  1938,  446  §  14.) 

Sect.  22C  added,   1945,  561   (authorizing  the  division  of  the  blind 

to  use  federal  funds  available  in  a  program  of  rehabilitation  of  the  blind). 
Sect.  28  revised,  1939,  501  §  6;  amended,  1945,  158  §  6. 
Sect.  30  amended,  1937,  41. 
Sect.  31A  added,  1934,  65  (authorizing  the  trustees  of  the  Essex 

county  agricultural  school  to  pay  transportation  costs  of  certain  pupils 

attending  said  school);  amended,  1943,  42. 
Sect.  47E,  paragraph  added  at  end,  1935,  22. 
Sect.  49,  caption  preceding  section  changed,  1942,  1   §  3;    section 

amended,  1942,  1  §  5.    (See  1942,  1  §  9.) 

Sect.  53  revised,  1942,  1  §  6.     (See  1942,  1  §  9.) 


Chapter  75.  —  Massachusetts  State  College. 

Sect.  5  revised,  1935,  288. 

Sect.  5A  added,  1939,  329  (authorizing  the  trustees  of  Massachusetts 
State  College  to  retain  and  manage  in  a  revolving  fund  receipts  from 
student  activities). 

Sect.  6  amended,  1935,  462  §  2.     (See  1935,  462  §  1.) 

Sect.  8  amended,  1945,  504. 

Sect.  16A  added,  1945,  586  (providing  for  the  establishment  at  the 
Massachusetts  Agricultural  Experiment  Station  of  a  diagnostic  labora- 
tory dealing  with  the  causes,  etc.,  of  diseases  of  domestic  animals). 

Chapter  76.  —  School  Attendance. 

Sect.  1  revised,  1939,  461  §  3;  amended,  1941,  423. 
Sects.  7-10.     See  1939,  454  §  21. 
Sect.  15  revised,  1938,  265  §  5. 

Chapter  77.  —  School  Offenders  and  County  Training  Schools. 

Sect.  1  revised,  1933,  295  §  1;  amended,  1943,  82. 

Chapter  78.  —  Libraries. 

Sect.  4  revised,  1935,  202. 

Chapter  79.  —  Eminent  Domain. 

Sect.  3,  first  paragraph  amended,  1938,  172  §  6;  two  sentences  added 
at  end  of  first  paragraph,  1943,  251  §  1.    (See  1943,  251  §  4.) 


1106  Changes  in  the  [Chaps,  so,  81. 

Sect.  8  amended,  1936,  187  §  1;  sentence  inserted  after  second 
sentence,  1943,  251  §  2.    (See  1943,  251  §  4.) 

Sect.  9,  last  sentence  amended,  1938,  172  §  7. 

Sect.  15  repealed,  1936,  385  §  1.     (See  1936,  385  §  2.) 

Sect.  16  amended,  1936,  187  §  2;  1938,  185;  revised,  1943,  95;  para- 
graph added  at  end,  1943,  251  §  3.    (See  1943,  251  §  4.) 

Sect.  44A  added,  1935,  189  (relative  to  certain  tax  liens  upon  real 
estate  taken  by  right  of  eminent  domain) ;  amended,  1936,  137, 


Chapter  80.  —  Betterments. 

Sect.  1  amended,  1933,  254  §  62.     (See  1933,  254  §  66.) 

Sect.  4  revised,  1933,  63  §  1. 

Sect.  5  amended,  1933,  157  §  2.     (See  1933,  157  §  3.) 

Sect.  10  revised,  1933,  147. 

Sect.  lOA  added,  1933,  157  §  1  (providing  that  failure  of  a  board  of 
officers  to  take  action  upon  a  petition  for  abatement  of  a  betterment 
assessment  shall,  for  the  purposes  of  appeal,  be  equivalent  to  refusal  to 
abate  the  assessment).     (See  1933,  157  §  3.) 

Sect.  12  revised,  1943,  252  §  1,  478  §  4. 

Sect.  13  amended,  1933,  63  §  2,  254  §  63;  revised,  1934,  315  §  1; 
last  sentence  stricken  out  and  new  paragraph  added,  1938,  489  §  1; 
first  sentence  of  section  amended,  1941.  595.  (See  1933,  254  §  66;  1934, 
315  §3;  1941,724.) 

Sect.  13A  added,  1943,  252  §  2  (relative  to  the  time  within  which 
certain  betterment  and  other  assessments  on  unimproved  land  shall  be 
paid.) 

Chapter  81.  —  State  Highways. 

Sect.  5  revised,  1937,  218  §  1. 

Sect.  7A  added,  1937,  344  (granting  certain  powers  to  the  depart- 
ment of  public  works  with  respect  to  certain  ways  connecting  with 
state  highways). 

Sect.  7B  added,  1941,  519  (giving  the  department  of  public  works 
the  power  to  take  a  slope  easement,  so  called,  in  certain  cases). 

Sect.  7C  added,  1943,  397  (relative  to  limited  access  ways). 

Sect.  8  revised,  1936,  371;  amended,  1937,  218  §  2. 

Sect.  13A  added,  1936,  342  (authorizing  the  department  of  public 
works  to  accept  in  behalf  of  the  commonwealth  gifts  of  certain  ease- 
ments for  the  purpose  of  landscaping  along  state  highways,  and  to  do 
such  landscaping). 

Sect.  19,  last  four  sentences  stricken  out,  1933,  187  §  1.  (See  1933, 
187  §  2.) 

Sect.  20A  added,  1945,  539  (providing  for  the  illumination  of  haz- 
ardous locations  on  state  highways). 

Sect.  26  amended,  1934,  366. 

Sect.  27  amended,  1939,  224. 

Sect.  29A  added,  1943,  416  (authorizing  the  department  of  public 
works  to  lay  out  and  alter  ways  other  than  state  highways  and  facilitat- 
ing the  securing  of  federal  aid  in  connection  therewith). 


CHAPa.  S2-«8.]  GeNEKAL    LaWS.  1107 


Chapter  82.  —  The  Laying  Out,  Alteration,  Relocation  and  Discontinuance 
of  Public  Ways,  and  Specific  Repairs  Thereon. 

Sect.  7  amended,  1933,  283  §  2. 

Sect.  32B  added,  1933,  283  §  3  (authorizing  the  taking  of  easements 
of  slope,  so  called,  by  county,  city  or  town  officers  in  connection  with 
the  laying  out,  widening,  altering  or  relocating  of  public  ways). 

Sect.  34  amended,  1935,  309;  1941,  533. 


Chapter  83.  —  Sewers,  Drains  and  Sidewalks. 

Sect.  19  revised,  1943,  252  §  4.    (See  1943,  252  §  6.) 

Sect.  27,  last  sentence  revised,  1943,  252  §  5. 

Sect.  29  added,  1943,  252  §  3  (relative  to  the  continuance  of  liens 
created  under  special  acts  in  connection  with  certain  betterment  and 
other  assessments). 


Chapter  84.  —  Repair  of  Ways  and  Bridges. 

Sect.  5A  added,  1945,  319  (authorizing  towns  to  enter  into  agree- 
ments for  the  removal  of  snow  and  ice  from  public  ways  in  adjoining 
towns,  etc.). 

Sect.  18  revised,  1933,  114  §  1. 

Sect.  19  amended,  1933,  114  §  2. 

Sect.  20  revised,  1933,  114  §  3;  amended,  1939,  147. 

Sect.  25.     Temporarily  affected,  1934,  163. 


Chapter    85.  —  Regulations    and    By-Laws    relative    to    Ways    and    Bridges. 

Sect.  2A  added,  1941,  346  §  2  (authorizing  the  department  of  public 
works  to  remove  vehicles  from  state  highways  when  said  vehicles  inter- 
fere with  the  removal  of  snow  and  ice). 

Sect.  UA  added,  1941,  710  §  1  (relative  to  the  registration  and  opera- 
tion of  certain  bicycles). 

Sects.  12-14  repealed,  1941,  710  §  2. 

Sect.  14B  added,  1938,  432  (requiring  the  use  of  certain  signal  lights 
at  locations  on  unlighted  ways  where  certain  vehicles  are  disabled). 

Sect.  17B  added,  1933,  43  (prohibiting  riding  upon  the  rear  or  on 
the  side  of  street  railway  cars  or  motor  buses  without  the  consent  of 
the  persons  in  charge  thereof) ;  revised,  1943,  322  §  2. 

Sect.  30  amended,  1935,  30;  1938,  171  §  1. 

Sect.  31  revised,  1938,  171  §  2. 

Chapter  87,  —  Shade  Trees. 

Sect.  5  amended,  1941,  490  §  18. 


Chapter  88.  —  Ferries,   Canals  and  Public  Landings. 

Sect.  19  revised,  1945,  442. 


1108  Changes  in  tiir  [Chai's.  so,  90. 


Chapter  89.  —  Law  of  the   Road. 

Sect.  2  revised,  1933,  301. 
Sect.  5  amended,  1936,  49.     (See  1938,  149.) 

Sect.  7B  added,  1934,  382  (relative  to  the  application  of  traffic  laws 
and  regulations  to  fire  apparatus  and  other  emergency  vehicles). 


Chapter  90.  —  Motor  Vehicles  and  Aircraft. 

Sect.  1,  paragraph  (defining  "heavy  duty  platform  trailer")  added, 
1939,  354  §  1;  same  paragraph  amended,  1941,  30;  revised,  1945,  595 
§  1;  paragraph  (defining  "motor  vehicles")  amended,  1932,  182;  1938, 
36;  paragraph  in  lines  41-45  (defining  "register  number")  revised, 
1935,  43;  two  paragraphs  (defining  "semi-trailer"  and  "semi-trailer 
unit")  added,  1933,  332  §  1;  paragraph  (defining  "school  bus")  added, 

1932,  271  §  1 ;  paragraph  in  lines  52-56  stricken  out,  and  two  paragraphs 
(defining  "tractor"  and  "trailer")  inserted,  1933,  332  §  2;  paragraph 
(defining  "trailer")  amended,  1939,  354  §  2.  (See  1932,  271  §  7;  1933, 
332  §  5.) 

Sect.  1A  amended,  1933,  372  §  3;   1934,  264  §  2. 

Sect.  2,  fourth  paragraph  revised,  1932,  5;  seventh  paragraph  re- 
vised, 1939,  436  §  1;  last  paragraph  revised,  1933,  54. 

Sect.  3,  first  sentence  revised,  1933,  188;  section  revised,  1939,  325; 
paragraph  added  at  end,  1941,  282. 

Sect.  3C  revised,  1937,  387. 

Sect.  3G  added,  1945,  590  §  1  (relative  to  recovery  for  damage  caused 
by  motor  vehicles  of  non-residents).     (See  1945,  590  j^  2.) 

Sect.  5A  added,  1943,  409  §  2  (relative  to  the  use  of  a  general  dis- 
tinguishing mark  or  number  on  all  motor  vehicles  under  the  control  of 
the  military  forces). 

Sect.  6,  first  sentence  revised,  1939,  436  §  2. 

Sect.  7  amended,  1932,  123  §  1;  1933,  51;  second  sentence  amended, 

1933,  109;  sentence  added  after  fourth  sentence,  1939,  153;  paragraph 
added  at  end  of  section.  1941,  443.     (See  1932,  123  §  2.) 

Sect.  7A  revised,  1932,  41,  271  §  2.     (See  1932,  271  §  7.) 

Sect.  7B  added,  1932,  271  §  3  (prerequisites  to  operation  of  school 
bus).     (See  1932,  271  §  7.) 

Sects.  7A  and  7B  stricken  out,  and  new  sections  7A-7('  inserted, 
1945,  241  §  1.     (See  1945,  241  §  3.) 

Sect.  8  amended,  1934,  103;   1937,  284. 

Sect.  9  amended,  1934,  361;   1941,  283. 

Sect.  9A  revised,  1932,  168  §  1;  1935,  393  §  1.  (See  1932,  168 
§§2,3;   1935,393  §2.) 

Sect.  10  amended,  1935,  219. 

Sect.  14  amended,  1938,  166. 

Sect.  15  amended,  1932,  271  §  5;   1933,  26  §  1.    (See  1932,  271  §  7.) 

Sect.  17,  sentence  added  at  end,  1932,  271  §  4.    (See  1932,  271  §  7.) 

Sect.  18  amended,  1945,  125. 

Sect.  19,  last  sentence  revised,  1933,  332  §  3;  1935,  223  §  1;  section 
revised,  1935,  326  (but  see  1935,  465);  amended,  1936,  388  §  1;  revised, 
1941,  314;  last  two  sentences  amended,  1945,  595  §  4.  (Sec  1933,  332 
§  5;   1935,  223  §  2;   1936,  388  §  2.)    Affected  by  1941,  589. 


Chap.  90.]  GENERAL   LaWS.  1109 

Sect.  20A  added,  1934,  368  §  1  (providing  for  the  non-criminal  dispo- 
sition of  charges  for  violation  of  motor  vehicle  parking  rules,  regulations, 
orders,  ordinances  and  by-laws);  revised,  1935,  176;  first  paragraph 
revised,  1938,  201.    (See  1934,  368  §  2.) 

Sect.  21  amended,  1936,  406. 

Sect.  22,  two  paragraphs  added  at  end,  1933,  191;  first  sentence  (as 
appearing  in  1933,  191)  amended,  1941,  312. 

Sect.  22A  added,  1932,  304  §  1  (requiring  the  suspension  of  licenses 
to  operate  motor  vehicles  issued  to  persons  who  do  not  satisfy  judg- 
ments in  motor  vehicle  accident  cases  involving  property  damage). 
(See  1932,  304  §  2.) 

Sect.  23,  new  paragraph  added  at  end,  1933,  69. 

Sect.  24  amended,  1932,  26  §  1;  first  sentence  amended,  1936,  182 
§  1;  sentence  contained  in  lines  65-97  amended,  1935,  360;  paragraph 
added  at  end,  1936,  182  §  2;  section  revised,  1936,  434  §  1;  paragraph 
(1)  (a)  amended,  1938,  145;  paragraph  (1)  (c)  revised,  1939,  82;  para- 
graph (2)  (a)  amended,  1937,  230  §  1;  paragraph  (2)  (c)  amended,  1937, 
117.     (See  1937,  230  §  2.) 

Sect.  29.  last  sentence  amended,  1932,  26  §  2;    section  amended, 

1935,  477  §  1;   second  sentence  revised,  1936,  391;   last  two  sentences 
revised,  1938,  146. 

Sect.  32B  repealed,  1934,  209  §  2.     (See  1934,  209  §  3.) 
Sects.  32C-32F  added,  1934,  209  §  1  (further  regulating  the  business 
of  leasing  motor  vehicles  upon  a  mileage  basis).    (See  1934,  209  §  3.) 

Sect.  33,  first  four  paragraphs  stricken  out,  and  five  new  paragraphs 
inserted,  1932,  249  §  1 ;  fourth  paragraph  (as  appearing  in  1932,  249  §  1) 
amended,  1933,  183  §  1;  paragraph  in  lines  21-41  amended,  1932,  180 
§  12;  same  paragraph  stricken  out,  and  two  paragraphs  inserted,  1933, 
332  §  4;  two  paragraphs  so  inserted  stricken  out,  and  new  paragraph 
inserted,  1935,  409  §  1;  the  paragraph  so  inserted  amended,  1936,  380 
§  1 ;  subdivisions  (2)  and  (3)  of  the  paragraph  so  inserted  revised,  1937, 
377;  subdivision  (2)  of  said  paragraph  revised,  1945,  595  §  2;  subdivi- 
sion (3)  of  said  paragraph  amended,  1938,  430;  subdivision  (4)  of  said 
paragraph  amended,  1939,  354  §  3;  subdivision  (6)  of  said  paragraph 
amended,  1939,  354  §  4;  revised,  1945,  595  §  3;  last  paragraph  amended, 

1936,  401.     (Sec  1932,  249  §  2;    1933,  183  §  2,  332  §  5;    1935,  409  §  2; 
1936,  380  §  2.) 

Sect.  34,  four  words  stricken  out,  1933,  197  §  3;  first  paragraph 
amended,  1934,  364  §  1;  section  revised,  1943,  427  §  2.  (See  1934,  364 
§3.) 

Sect.  34A,  paragraph  defining  "certificate"  revised,  1945,  384  §  1. 
New  paragraph  (defining  "guest  occupant")  added,  19o5,  459  §  1; 
paragraphs  defining  "motor  vehicle  liabilitv  bond"  and  "motor  vehicle 
Uabihtv  policv"  revised,  1935,  459  ^  2.  (See  1935,  459  §  5;  1945,  384 
s^3.) 

Sect.  34B,  second  paragraph  revised,  1933,  83  §  1;  1935,  302;  fourth 
paragraph  revised,  1933,  83  §  2.     (See  1933,  83  §  3.) 

Sect.  34C  amended,  1932,  180  §  13. 

Sect.  34D  revised,  1935,  459  §  3.     (See  1935,  459  §  5.) 

Sect.  34H,  first  paragraph  amended,  1933,  119  §  4;  new  paragraph 
inserted,  1933.  119  §  5.     (See  1933,  119  §  6.) 

Sect.  53,  last  sentence  amended,  1932,  180  §  14. 


1110  Changes  in  the  [Chaps.  91-92. 

Sects.  35-60  stricken  out,  and  new  sections  35-50  (uniform  aeronautical 
code)  inserted,  1935,  418  §  2.     (See  also  below.) 

Sect.  36  revised,  1938,  417  §  1. 

Sect.  37  revised,  1938,  417  §  2. 

Sect.  38  revised,  1938,  417  §  3. 

Sect.  39  revised,  1938,  417  §  4. 

Sect.  40  revised,  1938,  417  §  5. 

Sect.  41  revised,  1938,  417  §  6. 

Sect.  42  revised,  1938,  417  §  7. 

Sect.  43  revised,  1938,  417  §  8. 

Sect.  43 A  added,  1938,  417  §  9  (relative  to  the  powers  and  duties  of 
police  and  certain  other  officers  as  to  aircraft  accidents  and  violations 
of  the  laws,  rules  and  regulations  relative  to  aircraft). 

Sect.  44  revised,  1938^  417  §  10. 

Sect.  45  revised,  1938,  417  §  11. 

Sect.  46  revised,  1938,  417  §  12. 

Sects.  35-43  and  44-50,  inc.  (inserted  by  1935,  418  §  2,  as  amended)  and 
sect.  43A  (inserted  by  1938,  417  §  9)  stricken  out  and  new  sections  35-52 
inserted,  1939,  393  §  3  (further  revising  the  laws  relative  to  aviation).  (See 
1939,  393  §§  4-6.) 

Sect.  35,  paragraph  defining  "Airport"  amended,  1941,  537  §  1; 
paragraph  inserted  after  said  paragraph,  1941,  537  §  2;  paragraph  de- 
fining "Landing  field"  amended,  1941,  537  §  3;  two  paragraphs  added 
at  end,  1941,  537  §  4. 

Sect.  39,  first  paragraph  revised,  1941,  695  §  13. 

Sects.  40A-40I  inserted,  1941,  537  §  5  (relative  to  protecting  the 
approaches  to  publicly  owned  airports). 

Sect.  42  amended,  1941,  537  §  6. 

Sect.  44  amended,  1941,  537  §  7. 

Sect.  45  amended,  1941,  537  §  8. 


Chapter  91.  —  Waterways. 

Sect.  6.     See  1941,  695  §  15. 

Sect.  9A  added,  1938,  407  §  2  (providing  a  method  for  the  develop- 
ment of  waterfront  terminal  facilities). 

Sect.  12A  added,  1939,  513  §  6  (licensing  and  otherwise  regulating 
structures,  filling  and  excavations  in  certain  rivers  and  streams). 

Sect.  27,  paragraph  added  at  end,  1937,  372  §  2. 

Sect.  46A  added,  1935,  362  §  1  (penalizing  the  unlicensed  breaking 
up  or  altering  of  vessels,  scows,  lighters  or  certain  other  structures). 

Sect.  49  revised,  1935,  362  §  2. 


Chapter  91A.  —  Port  of  Boston  Authority. 

New  chapter  inserted,  1945,  619  §  3.     (See  1945,  619  §§  4-11.) 


Chapter  92.  —  Metropolitan  Sewers,  Water  and  Parks. 

Sect.  10  revised,  1943,  543  §  1;   1945,  587  §  1.    (See  1943,  543  §§  lA, 
3;    1945,  587  §  5.) 

Sect.  17,  paragraph  added  at  end,  1945,  693  §  1. 


Chap.  9'S.]  GENERAL   LaWS.  1111 

Sect.  26,  first  paragraph  revised,  1943,  543  §  2;  first  two  paragraphs 
revised,  1945,  587  §  2.     (See  1945,  587  §^  4,  5.) 

Sects.  26A  and  26B  added,  1945,  587  §  3  (fixing  the  price  for  water 
furnished  to  nmnicipahties  by  tlie  metropoHtan  water  district  and  pro- 
viding for  a  state  borrowing  to  ensure  the  maintenance  of  the  price  as 
fixed  and  providing  for  disposition  of  the  excess  in  the  metropoHtan 
water  works  sinking  fund). 

Sect.  48  amended,  1934,  266  §  1.     (See  1934.  266  §  4.) 
Sect.  56  revised,  1933,  197  §  1;   sentence  added  at  end,  1939,  429 
§  1.     (See  1939,  429  §§  2,  4.) 
Sect.  57  amended,  1933,  197  §  2. 

Sect.  59A  added,  1945,  637  §  7  (relative  to  annual  assessments  upon 
municipalities  of  the  metropolitan  districts  for  maintenance).  (See 
1945,  279.) 
Sect.  60  revised,  1939,  429  §  3.  (See  1939,  429  §  4.) 
Sect.  60A  added,  1937.  352  §  1  (regulating  the  making  and  award- 
ing of  certain  contracts  by  the  metropolitan  district  commission  and 
metropolitan  district  water  supply  commission) ;  repealed,  1941,  547  §  2. 
(See  1937,  352  §  2:  1941,  547  §  1.) 

Sect.  62  revised,  1938,  396;  amended,  1941,  658  §  1.  (See  1941, 
658  §  2.) 

Sect.  62A  added,  1937,  416  §  1  (providing  for  a  reserve  police  force 
for  the  metropolitan  district  commission);  revised,  1939,  441  §  1.     (See 
1937,  416  §  5;  1939,  441  §§  3,  5.) 
Sect.  63  repealed,  1937,  416  §  2.    (See  1937,  416  §  5;  1939,  441  §  3.) 
Sect.  93  amended,  1934,  266  §  2.     (See  1934,  266  §  4.) 
Sect.  94  amended,  1934,  266  §  3.     (See  1934,  266  §  4.) 
Sect.  100  revised,  1939,  499  §  7;   1945,  292  §  9.     (See  1945,  637  §  8.) 


Chapter  93.  —  Regulation  of  Trade  and   Certain  Enterprises. 

Sect.  8,  sentence  added  at  end,  1938,  410  §  2. 

Sects.  14A-14D  added,  under  heading  "fair  trade",  1937,  398 
(protecting  trade  mark  owners,  distributors  and  the  public  against  in- 
jurious and  uneconomic  practices  in  the  distribution  of  articles  of 
standard  quality  under  a  trade  mark,  brand  or  name). 

Sect.  14A  amended,  1939,  231. 

Sect.  14B  amended,  1939,  313. 

Sect.  14C  revised,  1943,  40. 

Sects.  14E-14K  added,  under  heading  "unfair  sales",  1938,  410 
§  1  (defining  and  prohibiting  unfair  sales  practices,  with  a  view  to 
preventing  the  advertising  or  offering  for  sale,  or  the  selling  below  cost, 
of  merchandise  for  the  purpose  of  injuring  competitors  or  destroying 
competition).     (See  1941,  715.) 

Sect.  14E  paragraphs  (a)  and  (6)  amended,  1939,  189  §  1 ;  paragraph 
(h)  added  at  end,  1939,  189  §  2. 

Sect.  14F  revised,  1941,  494. 

Caption  immediately  preceding  section  21  amended,  1939,  343  §  3. 

Sect.  21  amended,  1939,  343  §  1;  1941,  583  §  1. 

Sects.  21A-21D  added,  1941,  583  §  2  (defining  and  further  regulating 
private  trade  schools). 


1112  Changes  in  the  [Chap.  94. 

Sect.  22  amended,  1939,  343  §  2;  1941,  583  §  3. 

Sects.  28A-28D  added,  under  heading  "regulating  closing  out 

SALES,  so  CALLED,  AND  SIMILAR  TYPES  OF  SALES ",   1938,   165. 

Sect.  28 A  revised,  1939,  207. 

Sect.  30  revised,  1945,  233. 

Sect.  34.  For  temporary  act  to  enable  savings  banks  and  certain 
other  banking  institutions  to  co-operate  in  the  distribution  of  United 
States  defense  savings  bonds  and  defense  postal  savings  stamps,  see 
1941,  221,  575. 


Chapter  94.  —  InspectiDn  and   Sale  of   Food,   Drugs  and   Various  Articles. 

Sect.  1,  paragraph  in  lines  128-132  (defining  "pasteurized  milk") 
revised,  1932,  158;  section  amended  in  part,  1933,  67  §§  1-5;  para- 
graph (defining  "milk  plant"  and  "manufactory")  added,  1933,  338 
§  1;  paragraph  in  lines  30-36  (defining  "butter"  and  "cheese")  stricken 
out  and  new  paragraph  defining  "butter"  inserted,  1937,  335  §  1;  para- 
graph in  line  40  reading,  "cheese",  see  "butter",  stricken  out  and 
four  new  paragraphs  inserted,  1937,  335  §  2  (defining  cheese  and  cream 
cheese);  paragraph  (defining  "bakery")  amended,  1937,  362  §  1;  para- 
graphs in  lines  148-164  (defining  "agricultural  seeds"  or  "agricultural 
seed",  "noxious  weed  seeds"  and  "weed  seeds")  revised  and  definition 
of  "vegetable  seeds"  added,  1938.  363  §  1;  paragraph  in  lines  177-181 
revised,  1939,  196  §  1.     (See  1937,  362  §  7.) 

Sect.  6  amended,  1937,  362  §  2.     (See  1937,  362  §  7.) 

Sect.  7  amended,  1941,  490  §  19. 

Sect.  8  revised,  1937,  53. 

Sect.  9  amended,  1939,  261  §  6. 

Sects.  9A-9M  added,  1937,  362  §  3  (changing  the  position  in  the 
General  Laws  of  certain  provisions  of  law  relative  to  bakeries).  (For 
prior  legislation,  see  G.  L.  chap.  HI  §§  34-43,  46-49,  repealed  by 
1937,  362  §  6.)     (See  1937,  362  §§  6,  7.) 

Sect.  10  amended,  1937,  362  §  4.     (See  1937,  362  §  7.) 

Sects.  lOA-lOE  stricken  out,  and  new  sections  lOA-lOG  (regulating 
the  manufacture,  bottling  and  sale  of  certain  non-alcoholic  beverages) 
inserted,  1935,  441. 

Sect.  lOF  amended,  1941.  119. 

Sects.  12^8A.  For  temporary  legislation  establishing  within  the 
department  of  agriculture  a  milk  control  board,  and  defining  its  powers 
and  duties,  see  note  to  G.  L.  chapter  94A,  inserted  by  1941.  691  §  2. 

Sects.  13,  14,  14A  and  15  stricken  out,  and  new  sections  13-13E 
(relative  to  the  grading  of  milk)  inserted,  1933,  263  §  1.  (See  1933, 
263  §  3.) 

Sect.  16  stricken  out  and  sections  16-161  (regulating  the  production, 
sale  and  distribution  of  milk)  inserted,  1932,  305  §  3.  (See  1932,  305 
§§  5,  6.) 

Sect.  16C  amended,  1941,  374. 

Sect.  17A  amended,  1933,  124. 

Sect.  18  revised,  1933,  263  §  2.     (See  1933,  263  §  3.) 

Sect.  20  revised,  1939,  212. 

Sect.  29A  revised,  1933,  253. 

Sect.  30  revised,  1933,  253. 


f'HAi'.  94.]  General  Laws.  1113 

Sect.  31  revised,  1933,  253. 

Sect.  40  amended,  1941,  298. 

Sect.  42A  stricken  out,  and  new  sections  42A-42K  (requiring  dealers 
in  milk  or  cream  to  be  licensed  and  bonded)  inserted,  1933,  338  §  2; 
affected,  1939,  421. 

Sect.  42A  amended,  1935,  126. 

Sect.  42F  revised,  1934.  180  §  1. 

Sect.  42H,  paragraph  2  revised,  1934,  180  §  2. 

Sect.  43  revised,  1932,  305  §  4;  amended,  1935,  88;  first  paragraph 
amended.  1936,  210.     (See  1932,  305  §§  5,  6.) 

Sect.  45  revised,  1935,  317. 

Sect.  48B  added,  1935,  259  (requiring  institutions  supported  wholly 
or  in  part  by  funds  of  the  commonwealth  to  use  milk,  other  than 
cream  and  certified  milk,  produced  within  the  commonwealth). 

Sect.  48C  added,  1939,  317  (regulating  the  manufacture,  sale  and 
delivery  of  certain  milk  beverages,  so  called). 

Sect.  50  amended,  1937,  335  §  3. 

Sect.  60  revised,  1934,  373  §  2. 

Sect.  61A  added,  1937,  335  §  4  (relative  to  the  manufacture  and 
sale  of  certain  cheese). 

Sects.  64,  64A,  65,  65A,  65B,  65E  and  65F,  and  the  caption  of  said 
section  64,  stricken  out,  and  sections  65G-65S  inserted,  under  caption 
"frozen  desserts  and  ice  cream  mix",  1934,  373  §  1.  (See  1934,  373 
§8.) 

Sect.  65J,  second  paragraph  revised,  1937,  341  §  1. 

Sect.  65L,  subdivision  (c)  amended,  1937,  341  §  2. 

Sect.  65P,  paragraph  (/)  added  at  end,  1937,  341  §  3. 

Sect.  66A  added,  1945,  109  (making  certain  laws  relative  to  cold 
storage  warehouses  inapplicable  to  locker  plants,  so  called). 

Sect.  74  revised,  1933,  329  §  5;  repealed,  1941,  598  §  2. 

Sect.  74A  added,  1933,  329  §  6  (definition  of  "fish");  repealed,  1941, 
598  §  2. 

Sects.  75  and  76  repealed,  1933,  329  §  7. 

Sect.  77,  first  sentence  stricken  out,  1933,  329  §  8;  repealed,  1941, 
598  §  2. 

Sect.  77A  added,  1934,  216  (regulating  the  importation  of  fresh 
swordfish). 

Sect.  78  revised,  1933,  329  §  9;  repealed,  1941,  598  §  2. 

Sect.  78 A  added,  1933,  329  §  10  (prohibiting  certain  misrepresen- 
tations in  the  sale  of  lobsters);  repealed,  1941,  598  §  2. 

Sect.  79  repealed,  1933,  329  §  7. 

Sect.  80  repealed,  1941,  598  §  2. 

Sect.  81  revised,  1933,  329  §  11;  1939,  491  §  10;  repealed,  1941, 
598  §  2.    (See  1939,  491  §  12.) 

Sect.  82  repealed,  1941,  598  §  2. 

Sect.  83  revised,  1933,  329  §  12;  repealed,  1941,  598  §  2. 

Sect.  85  amended,  1939,  261  §  7. 

Sect.  88A  revised,  1933,  329  §  13;  repealed,  1941,  598  §  2. 

Sect.  88B  added,  1936,  176  (requiring  that  shucked  scallops  and 
quahaugs  in  the  shell  be  sold  only  by  weight). 

Sect.  90A  added,  1935,  369  (relative  to  the  sale  and  distribution  of 
eggs). 


1114  C'haNCES   in   the  [Ca.^y.  94. 

Sect.  90B  added,  1938,  404  (establishing  standard  sizes  in  connec- 
tion with  the  sale  and  distribution  of  eggs). 

Sect.  92B  added,  under  caption  "meats  and  poultry",  1935,  97 
(requiring  the  retail  sale  of  meats  and  poultry  to  be  bv  weight). 

Sect.  98  amended,  1939,  261  §  8. 

Sect.  99A  amended,  1939,  261  §  9. 

Sect.  118  amended,  1943,  332  §  1. 

Sect.  119  amended,  1943,  332  §  2. 

Sect.  120  amended,  1943,  332  §  3. 

Sect.  120A  amended,  1943,  332  §  4. 

Sect.  123  amended,  1932,  180  §  15;   1943,  332  §  5. 

Sect.  124  revised,  1943,  508  §  1. 

Sect.  131  revised.  1943.  332  §  6. 

Sect.  133  amended,  1943,  332  §  7. 

Sect.  135  amended,  1943,  332  §  8. 

Sect.  138  amended,  1943,  508  §  2. 

Sect.  139A  added,  1945,  679  (relative  to  the  establishment  and 
operation  of  poultry  slaughtering  houses). 

Sect.  146,  first  paragraph  amended,  1934,  340  §  6;  1943,  508  §  3. 
(See  1934,  340  §  18.) 

Sect.  148,  second  paragraph  amended,  1934,  340  §  6A.  (See  1934, 
340  §  18.) 

Sect.  151  revised,  1943,  508  §  4. 

Sects.  152A-152C  added,  1934,  296  (relative  to  the  sale  and  trans- 
portation of  poultry). 

Sect.  152A  amended,  1935,  157  §  1. 

Sect.  152B  revised,  1935,  157  §  2. 

Sect.  153 A  added,  1933,  116  (relative  to  the  sale  of  meat  and  meat 
products  containing  certain  preservatives);  revised,  1933,  311;  re- 
vised, 1945,  165. 

Sect.  172  revised,  1939,  122. 

Sect.  174A  added,  1945,  92  §  1  (fi.xing  standard  weights  of  containers 
for  certain  flours,  etc.). 

Sect.  175  repealed,  1945,  92  §  2. 

Sect.  181  amended,  1939,  261  §  10. 

Sect.  182  amended,  1939,  261  §  11. 

Sect.  184  amended,  1939,  261  §  12. 

Sect.  185A  repealed,  1937,  341  §  4. 

Sect.  197,  paragraph  in  hnes  10-15  revised,  1935,  412  §  1 ;  amended, 
1943,  305  §  1;  fourth  paragraph  revised,  1943,  305  §  2. 

Sect.  198  amended,  1935,  412  §  2. 

Sects.  198A  and  198B  added,  1935,  412  §  3  (relative  to  the  licensing 
of  certain  dealings  in  narcotic  drugs). 

Sect.  201  amended,  1935,  412  §  4. 

Sect.  203  amended,  1935,  412  §  5. 

Sect.  206  amended,  1935,  412  §  6. 

Sect.  209  revised,  1945,  509. 

Sect.  211  amended,  1935,  412  §  7;  revised,  1938,  321  §  1. 

Sect.  212  amended,  1938,  321  §  2. 

Sect.  212A  added,  1938,  321  §  3  (providing  for  the  arrest  without 
a  warrant  and  punishment  of  a  person  present  where  a  narcotic  drug 
is  unlawfully  kept  or  deposited) . 


Chap.  94.]  GENERAL   LawS.  1115 

Sect.  214  amended,  1935,  412  §  8;   1943,  357. 

Sect.  215  amended,  1935,  412  §  9. 

Sect.  217  amended,  1935,  412  §  10. 

Sect.  225,  paragraph  added  at  end,  1939,  69. 

Sect.  239A  amended,  1939,  261  §  13. 

Sect.  244  amended,  1941,  155  §  1. 

Sect.  245  revised,  1933,  94  §  2;  amended,  1939,  261  §  13 A;  revised, 
1941,  155  §  2. 

Sect.  246  revised,  1941,  155  §  4. 

Sect.  248  amended,  1934,  184;  1939,  261  §  14;  revised,  1943,  241  §  1. 

Sect.  249 A  amended,  1939,  261  §  15. 

Sect.  249B  amended,  1939,  261  §  16. 

Sect.  249E  revised,  1943,  241  §  2. 

Sect.  249E3/^  added,  1943,  241  §  3  (relative  to  the  allowable  amount 
of  non-combustible  residue  of  coal  and  coke). 

Sect.  249F  amended,  1939,  261  §  17;  1943,  241  §  4. 

Sect.  249G  added,  under  caption  "material  for  road  construc- 
tion", 1933,  94  §  1  (authorizing  certain  officers  to  direct  the  weighing 
of  material  for  road  construction);  amended,  1939,  261  §  17A;  repealed, 
1941,  155  §  3. 

Sect.  250  revised,  1933,  67  §  6. 

Sect.  252  amended,  1933,  67  §  7. 

Sect.  254  amended,  1933,  67  §  8. 

Sect.  255  amended,  1933,  67  §  9. 

Sect.  256  revised,  1933,  67  §  10. 

Sect.  257  revised,  1933,  67  §  11. 

Sect.  258  revised,  1933,  67  §  12. 

Sect.  261A  amended,  1938,  363  §  2. 

Sect.  261B  amended,  1938,  363  §  3. 

Sect.  261C  revised,  1938,  363  §  4. 

Sect.  261D  revised,  1938,  363  §  5. 

Sect.  261E,  paragraph  added  at  end,  1938,  363  §  6. 

Sects.  261H-261L  stricken  out,  and  new  sections  261H  -261L  in- 
serted, 1937,  288  §  1.     (See  1937,  288  §  2.) 

Sect.  261H,  paragraph  added  at  end,  1938,  363  §  7. 

Sect.  261  K  amended,  1938,  363  §  8. 

Sect.  261L  revised,  1938,  363  §  9. 

Sect.  270,  paragraph  added  at  end,  1937,  176. 

Sects.  270A  and  270B  added,  1935,  439  (providing  for  the  steriUza- 
tion  of  feathers,  down  and  second-hand  material  intended  for  use  in 
the  manufacture  of  any  article  of  bedding  or  of  upholstered  furniture). 

Sect.  270C  added,  1939,  196  §  2  (relative  to  the  marking  of  certain 
articles  of  bedding  and  upholstered  furniture  consisting  in  whole  or  in 
part  of  second-hand  metal). 

Sect.  270D  added,  1939,  351  (further  regulating  the  sale  within  the 
commonwealth  of  articles  of  bedding  and  upholstered  furniture);  re- 
pealed, 1941,  57. 

Sect.  276  amended,  1939,  196  §  3. 

Sect.  277A  added,  1941,  422  (requiring  the  marking  or  labelhng  of 
furs,  imitation  furs  and  articles  made  therefrom,  and  prohibiting  mis- 
representation in  such  marks  or  labels). 

Sect.  283  amended,  1939,  261  §  17B. 


1116  Changes   in  the  [Chaps.  94A-96. 

Sect.  295A  added,  under  heading  "petroleum  products",  1933, 
228  (relative  to  prevention  of  fraud  and  misrepresentation  in  the  sale 
of  gasoUne,  lubricating  oils  and  other  motor  fuels,  and  to  prevention 
of  the  adulteration^  thereof ) . 

Sects.  295B  and  295C  added,  1938,  411  (prohibiting  and  penahzing 
the  use  of  misleading  signs  relating  to  the  price  of  gasoline  and  other 
motor  fuel). 

Sect.  295C  revised,  1939,  218. 

Sects.  295A-295C  stricken  out,  and  new  sections  295A-2950  in- 
serted, 1939,  459  §  1  (further  regulating  the  advertising  and  sale  of 
motor  fuel  at  retail).     (See  1939,  459  §  3.) 

Sect.  295G  revised,  1941,  311. 

Sect.  298  amended,  1934,  109  §  1. 

Sect.  299  amended,  1934,  109  §  2. 

Sects.  303A-303E  added,  under  caption  "methyl  or  wood  alco- 
hol", 1934,  372  §  3  (relative  to  such  alcohol  and  to  certain  preparations 
containing  such  alcohol). 

Sect.  303 A  amended,  1935,  342;   1936,  53. 

Sect.  303B  amended,  1937,  177  §  1. 

Sect.  303C  revised,  1937,  177  §  2. 

Sect.  303F  added,  under  caption  "fuel  oils",  1935,  95  (regulating 
the  sale  of  fuel  oils). 

Sect.  305A  amended,  1937,  362  §  5.     (See  1937,  362  §  7.) 


Chapter  94A.  —  Milk  Control. 

New  chapter  inserted,  1941,  691  §  2.     (See  1941,  691  §§  3-6.) 

(For  prior  temporary  legislation  establishing  within  the  department 
of  agriculture  a  milk  control  board,  and  defining  its  powers  and  duties, 
see  1934,  376;  term  of  office  of  said  board  extended,  1936,  300;  1938, 
334;  1939,  413;  1941,  418  §  1;  631  §  1;  legislation  amended,  1937,  428; 
1938,279;  1939,302.) 

Sect.  12A  added,  1943,  445  (defining  the  powers  and  duties  of  the 
milk  control  board  in  case  of  a  failure  to  pay  the  official  minimum  price 
for  the  sale  or  delivery  of  milk). 

Sect.  13,  subsections  (e)  and  (/)  added  at  end,  1945,  134  (relative  to 
the  furnishing  to  the  milk  control  board  of  certain  information  by 
licensed  milk  dealers).    (See  1945,  409.) 

Sect.  22  revised,  1943,  164. 

Sect.  22A  added,  194.3,  147  (in  aid  of  the  construction  and  enforce- 
ment of  the  state  milk  control  law,  so  called). 


Chapter  95.  —  Measuring  of  Leather. 

Sect.  1  amended,  1939,  261  §  18. 

Chapter  96.  —  Measurement  of  Lumber. 

Sect.  IIA  added,  1945,  145  (adopting  the  international  log  rule  as 
standard  for  determining  the  board  ieet  content  of  saw  logs). 


c.'HAPti.  97-101. 1  General  Laws.  1117 


Chapter  97.  —  Surveying  of  Land. 

Sects.  8-13  added,  1941,  47  (defining  and  authorizing  the  use  of  a 
system  of  plane  co-ordinates  for  designating  and  stating  positions  of 
points  on  the  surface  of  the  earth  within  the  commonwealth). 


Chapter  98.  —  Weights  and   Measures. 

Sect.  1  amended,  1939,  261  §  19. 

Sect.  14A  amended,  1936,  73. 

Sect.  20  amended,  1934,  373  §  3. 

Sect.  21  amended,  1934,  373  §  4. 

Sect.  22  amended,  1939,  261  §  19A;  revised,  1941,  59. 

Sect.  29,  paragraph  added  at  end,  1945,  273. 

Sect.  30  repealed,  1935,  60  §  2. 

Sect.  32  amended,  1935,  60  §  3. 

Sect.  37  amended,  1936,  72. 

Sect.  41  amended,  1941,  462. 

Sect.  56,  paragraph  (63^)  added,  1934,  98  (establishing  fees  for  seal- 
ing certain  liquid-measuring  meters);  section  revised,  1937,  74;  para- 
graph (61^)  added,  1937,  305  §  1.    (See  1937,  305  §  2.) 

Sect.  56 A  added,  1941,  60  (relative  to  the  location  of  scales  and  other 
weighing  devices  used  in  weighing  food  sold  at  retail  by  weight). 


Chapter  99.  —  The  Metric  System  of  Weights  and  Measures. 

Sect.  1  amended,  1939,  261  §  20. 
Sect.  3  amended,  1939,  261  §  21. 
Sect.  4  amended,  1939,  261  §  22. 

Chapter   100.  —  Auctioneers. 

Sect.  1,  paragraph  added  at  end,  1936,  209  §  1. 

Sect.  2  revised,  1941,  81. 

Sect.  5  amended,  1932,  156  §  1. 

Sect.  14  revised,  1932,  156  §  2. 

Sect.  16  revised,  1932,  156  §  3. 

Sects.  18-21  added,  1936,  209  §  2  (relative  to  bankruptcy  auctions 
and  other  auctions  of  similar  type  and  relative  to  certain  fraudulent 
practices  at  auctions). 


Chapter   101.  —  Transient  Vendors,   Hawkers  and   Pedlers. 

Sect.  1,  second  paragraph  revised,  1936,  218;  section  amended,  1941, 
490  §  21. 

Sect.  3  amended,  1939,  261  §  23;   1941,  490  §  22. 

Sect.  5  amended,  1933,  254  §  64.     (See  1933,  254  §  66.) 

Sect.  6A  added,  1938,  85  (providing  that  applications  for  transient 
vendors'  licenses  shall  contain  irrevocable  power  of  attorney  for  service 
of  process,  and  providing  for  service  of  process  under  authority  thereof). 

Sect.  15  amended,  1937,  214;  revised,  1937,  333. 


1118  ('HANGES  IN  THE        [('hai-.s.  102  UOA. 

Sect.  16  revised,  1935,  42;  amended,  1937,  130. 

Sect.  19  amended,  1934,  114;  1937,  73. 

Sect.  24  amended,  1936,  74;  1945,  493  §  1.  (See  1945,  493  §  2.) 

Sect.  27  amended,  1941,  490  §  23. 

Sect.  30  amended,  1934,  77. 

Sect.  32  amended,  1941,  490  §  24. 

Sect.  33  amended,  1945,  160. 


Chapter  102.  —  Shipping  and   Seamen,   Harbors  and   Harbor   Masters. 

Sect.  15  revised,  1932,  232  §  1. 

Sect.  15A  added,  1932,  232  §  2  (penalty  for  improper  operation  of 
motor  and  other  boats). 
Sect.  17  revised,  1932,  57. 

Chapter  105.  —  Public  Warehouses. 

Sect.  1  amended,  1935,  310  §  1. 

Sects.  2A  and  2B  added,  1935,  122  §  1  (relative  to  the  termination 
of  Uability  of  sureties  on  bonds  furnished  bv  public  warehousemen). 
(See  1935,  122  §  3.) 

Sect.  6  revised,  1935,  122  §  2.     (See  1935,  122  §  3.) 

Sect.  9,  clause  (h)  revised,  1935,  310  §  2. 

Chapter  107.  —  Money  and  Negotiable   Instruments. 

Sect.  31  amended,  1941,  215. 

Chapter  107A.  —  Assignments  of  Accounts  Receivable. 

New  chapter  inserted,  1945,  141  §  1.     (See  1945,  141,  §  2.) 

Chapter  108A.  —  Partnerships. 

Sect.  34,  first  paragraph  amended,  1932,  180  §  16. 

Chapter  110.  —  Labels,  Trade  Marks,  Names  and  Registration  Thereof. 

Sect.  21  amended,  1934,  373  §  5. 

Chapter  llOA.  —  Promotion  and  Sale  of  Securities. 

Chapter  stricken  out  and  new  chapter  inserted,  1932,  290  §  1.  (See  1932, 
290   §§  3,  4.) 

The  following  references  are  to  the  new  chapter  llOA: 

Sect.  2,  paragraph  (a)  revised,  1939,  442  §  4 ;  paragraph  (c)  amended, 
1936,  316;   1938,  445  §  2;   paragraph  (/)  revised,  1938,  445  §  3. 

Sect.  3,  paragraph  (iH)  inserted,  1945,  288  §  1;  last  paragraph 
revised,  1945,  288  §  2. 

Sect.  4,  paragraph  (g)  revised,  1938,  445  §  4;  paragraph  (j)  added, 
1938,  445  §  5. 

Sect.  5,  paragraph  inserted  before  the  last  paragraph,  1938,  445  §  6. 

Sect.  9,  last  sentence  stricken  out,  1938,  445  §  7. 


<^'hap-  ill]  General  Law^^.  1119 

Sect.  10,  fourth  sentence  stricken  out  and  two  new  sentences  inserted, 
1938,  445  §  8. 

Sect.  11 A  added,  1938,  445  §  9  (regulating  the  sale  by  a  corporation 
of  its  securities  to  employees).  [For  prior  legislation,  see  General  Laws, 
chapter  155  §  23A,  repealed  by  1938,  445  §  13.] 

Sect.  12  revised,  1938,  445  §  10;  last  paragraph  amended,  1939, 
442  §  5. 

Sect.  12A  added,  1938,  445  §  11  (relative  to  the  modifying  or  annul- 
ling by  the  commission  of  orders  or  findings  made  by  the  director  of  the 
securities  division  and  to  review  of  such  action) ;  repealed,  1939,  442  §  6. 

Sect.  13  amended,  1936,  68. 

Sect.  18  revised,  1938,  445  §  12. 


Chapter  111.  —  Public  Health. 

Sect.  1,  paragraph  added  at  end,  1938,  265  §  6. 

Sect.  5,  paragraph  added  at  end,  1941,  388;  same  paragraph  re- 
vised, 1945,  615. 

Sect.  5A  added,  1941,  612  (relative  to  the  preparation  and  distribu- 
tion by  the  department  of  pubhc  health  of  products  appUcable  to  the 
prevention  or  cure  of  diseases  of  man). 

Sect.  6  revised,  1938,  265  §  7. 

Sect.  U  revised,  1934,  328  §  1. 

Sect.  12  revised,  1943,  331  §  1. 

Sect.  13,  last  sentence  revised,  1943,  331  §  2. 

Sect.  15  amended,  1934,  340  §  7.     (See  1934,  340  §  18.) 

Sect.  16  amended,  1934,  340  §  8.     (See  1934,  340  §  18.) 

Sect.  17  amended,  1937,  340. 

Sect.  24  amended,  1937,  365;  revised,  1939,  234;   1945,  292  §  10. 

Sect.  27A  revised,  1932,  209. 

Sect.  31  amended,  1937,  285. 

Sect.  31A  stricken  out,  and  new  sections  31A  and  31B  inserted,  1937, 
282. 

Sect.  31A,  paragraph  added  at  end,  1945,  423. 

Sects.  34-43  and  46-49,  and  the  caption  preceding  section  34, 
repealed,  1937,  362  §  6.     (See  1937,  362  §§  1-5,  7.) 

Sect.  51  revised,  1943,  16  §  1. 

Sect.  53  amended,  1943,  16  §  2. 

Sect.  54  amended,  1943,  16  §  3. 

Sect.  57A  added,  1943,  436  §  1  (permitting  the  department  of  public 
health  to  establish  and  maintain  cancer  clinics).    (See  1943,  436  §  2.) 

Sect.  65A  amended,  1936,  346  §  1;   1941,  506.    (See  1936,  346  §  2.) 

Sect.  65B  added,  1945,  453  (providing  for  the  admission  of  children 
suffering  from  rheumatic  heart  disease  to  the  North  Reading  state 
sanatorium). 

Sect.  66  amended,  1934,  219.     (See  1936,  346  §  2.) 

Sect.  66A  added,  1937,  392  (permitting  the  admission  to  state  sana- 
toria and  county  tuberculosis  hospitals,  for  purposes  of  diagnosis  and 
observation,  of  certain  patients  with  diseases  of  the  lungs  other  than 
recognizable  tuberculosis). 

Sects.  67A-67D  added,  under  caption  "care  of  certain  infants 
prematurely  born",  1937,  332. 


1120  Changes  in  tup:  [Cu.w.  hi. 

Sect.  67 A  revised,  1939,  240  §  1. 

Sect.  67C  revised,  1939,  246  §  2;   amended,  1945,  535. 

Sect.  69 A  amended,  1936,  337  §  1. 

Sect.  69C  amended,  1936,  337  §  2. 

Sect.  70  amended,  1941,  194  §  5,  389  §  1;   1945,  291. 

Sects.  71-73  stricken  out  and  sections  71-72A  and  73  inserted,  1941, 
661  §  1.     (See  1941,  661  §  2.) 

Sect.  71,  sentence  inserted  after  first  sentence,  1945,  527;  fifth 
sentence  amended,  1945,  521. 

Sect.  74  amended,  1941,  72. 

Sects.  78-90  affected  (as  to  district  of  Chelsea,  Revere  and  VVin- 
throp),  1934,  78. 

Sect.  78.     See  1945,  505. 

Sect.  79  revised,  1936,  343. 

Sect.  83A  added,  1933,  318  §  6  (relative  to  the  indemnification  or 
protection  of  officers  and  employees  of  tuberculosis  hospital  districts 
in  connection  with  actions  for  personal  injuries  arising  out  of  the 
operation  of  vehicles  owned  by  such  districts);  amended,  1934,  291 
§  5.    (See  1933,  318  §  9;   1934,  291  §  6.) 

Sect.  85,  first  sentence  revised,  1943,  414  §  1;  section  revised,  1943, 
500  §  1.    (See  1943,  500  §  3.) 

Sect.  85A  revised,  1932,  65. 

Sect.  87  amended,  1945,  398  §  1. 

Sect.  87A  added,  1945,  398  §  2  (providing  that  trustees  of  Bristol 
county  tuberculosis  hospital  shall  be  appointed  by  the  governor).  (See 
1945,  398  §§  4,  5.) 

Sect.  88  revised,  1943,  500  §  2.    (See  1943,  500  §  3.) 

Sect.  88A  added,  1943,  500  §  2  (relative  to  charges  for  the  support 
of  patients  in  county  tuberculosis  hospitals).    (See  1943,  500  §  3.) 

Sect.  96  revised,  1938,  265  §  8. 

Sect.  96A  added,  1938,  265  §  9  (regulating  the  transportation  to 
another  town  of  a  person  infected  with  a  disease  dangerous  to  public 
health). 

Sect.  97  revised,  1938,  265  §  10. 

Sect.  104  revised,  1938,  265  §  11. 

Sect.  107  revised,  1938,  265  §  12. 

Sect.  109  revised,  1938,  265  §  13. 

Sect.  109 A  added,  1936,  115  (relative  to  the  treatment  of  infants' 
eyes  at  time  of  birth) ;  amended,  1943,  46. 

Sect.  110,  second  sentence  amended,  1932,  180  §  17. 

Sect.  Ill  revised,  1938,  265  §  14. 

Sect.  112  amended,  1938,  265  §  15. 

Sect.  113  revised,  1938,  265  §  16. 

Sect.  116,  sentence  in  lines  24-32  amended,  1943,  275  §  1. 

Sect.  116A  added,  under  caption  "chronic  rheumatism",  1937,  393 
(providing  for  the  hospitalization  of  patients  with  chronic  rheumatism). 

Sect.  117  revised,  1935,  155;   1937,  391. 

Sect.  118  amended,  1933,  44. 

Sect.  121  revised,  1945,  555. 

Sect.  121A  added,  1939,  407  (requiring  a  serological  test  for  syphilis 
of  pregnant  women). 

Sect.  127  revised,  1937,  339. 


Chaj.  112.]  General  Laws.  1121 

Sect.  128,  two  paragraphs  added  at  end,  1943,  468. 

Sect.  141  revised,  1937,  278. 

Sect.  143  revised,  1933,  269  §  2. 

Sect.  151  amended,  1943,  332  §  9. 

Sect.  154  amended,  1934,  340  §  9.     (See  1934,  340  §  18.) 

Sect.  173 A  added,  1938,  293  (extending  the  jurisdiction  of  certain 
police  officers  employed  to  protect  public  sources  of  water  supply  from 
pollution). 

Sect.  173B  added,  1943,  84  (authorizing  water  commissioners  and 
others  to  enter  premises  within  the  watersheds  of  certain  sources  of 
supply). 

Sect.  175  revised,  1941,  353. 

Sects.  176-180  repealed,  1938,  265  §  17. 

Sect.  184A  added,  1939,  344  (authorizing  the  state  department  of 
public  health  to  issue  certificates  of  approval  relative  to  bacteriological 
laboratories). 

Sect.  185A  added,  1945,  543  §  2  (relative  to  the  furnishing  of  certain 
material  for  use  in  determining  and  recording  the  ph3'sical  condition 
of  school  children). 


Chapter   112.  —  Registration   of  Certain   Professions  and   Occupations. 

Sect.  2,  second  sentence  revised,  1933,  171  §  1,  1936,  247  §  1;  three 
paragraphs  added  at  end  of  section,  1936,  247  §  2;   section  amended, 

1938,  210;  paragraph  added  at  end,  1939,  415  §  1;  section  revised,  1939, 
451  §  37;  amended,  1941,  722  §  9;  second  sentence  stricken  out  and 
four  sentences  inserted,  1945,  396  §  1;  third  paragraph  revised,  1945, 
396  §  2.    Affected,  1938,  259.     (See  1933,  171  §  2;    1936,  247  §§  3-6; 

1939,  415  §§  3,  4.) 

Sect.  2A  amended,  1945,  396  §  3. 

Sect.  5  revised,  1937,  425  §  12.     (See  1937,  425  §  15.) 

Sect.  9  revised,  1933,  152;   1945,  186. 

Sect.  12A  amended,  1943,  41. 

Sect.  13  amended,  1937,  425  §  2.     (See  1937,  425  §  15.) 

Sect.  14  amended,  1937,  425  §  3.     (See  1937,  425  §  15.) 

Sect.  15  amended,  1937,  425  §  4.     (See  1937,  425  §  15.) 

Sect.  16  revised,  1937,  425  §  5.     (See  1937,  425  §  15.) 

Sect.  17  revised,  1937,  425  §  6.     (See  1937,  425  §  15.) 

Sect.  17A  added,  1937,  425  §  7  [defining  certain  duties  of  the  board 

of  registration  in  chiropody  (podiatry)].     (See  1937,  425  §  15.) 
Sect.  18  amended,  1937,  425  §  8.     (See  1937,  425  §  15.) 
Sect.  19  amended,  1937,  425  §  9.     (See  1937,  425  §  15.) 
Sect.  20  amended,  1937,  425  §  10.     (See  1937,  425  §  15.) 
Sect.  21  amended,  1937,  425  §  11.     (See  1937,  425  §  15.) 
Sect.  23  repealed,  1937,  425  §  13.     (See  1937,  425  §  15.) 
Sect.  24  amended,  1932,  227;    1933,  126;    1937,  343  §  1;    revised, 

1941,  52  §  1;   amended,  1945,  502  §  1.     (See  1941,  52  §  2;    1943,  105; 

1945,  502  §§  2,  4.) 
Sect.  24A  added,  1945,  502  §  3  (relative  to  registrations  and  renewal 

of  registrations  as  pharmacists  and  assistant  pharmacists).     (See  1945, 

502  §4.) 

Sect.  27  revised,  1934,  328  §  2;  amended,  1937,  343  §  2. 


1122  Changes  in  the  [Chap.  112. 

Sect.  30  amended,  1937,  343  §  3. 

Sect.  32  amended,  1934,  328  §  3. 

Sect.  34  amended,  1934,  328  §  4. 

Sect.  35  amended,  1934,  328  §  5;   1935,  306;  1937,  343  §  4. 

Sect.  36  revised,  1934,  328  §  6. 

Sect.  38  revised,  1934,  236. 

Sect.  39  amended,  1939,  138. 

Sect.  40  amended,  1934,  328  §  6A;   1937,  343  §  5. 

Sect.  42A  added,  1937,  343  §  6  (relative  to  the  retail  drug  business 
and  pharmacy). 

Sect.  45,  second  sentence  amended,  1932,  180  §  18;  paragraph  added 
at  end,  1939,  415  §  2.     (See  1939,  415  §  3.) 

Sect.  46,  clause  Third  amended,  1934,  108. 

Sect.  50  amended,  1935,  344. 

Sects.  52A  and  52B  added,  1934,  281  (relative  to  methods  and  prac- 
tices of  dentists  and  dental  hygienists). 

Sect.  52 A  revised,  1937,  253. 

Sect.  55  amended,  1937,  66;  revised,  1939,  251  §  1;  first  paragraph 
amended,  1945,  724.    (See  1939,  251  §§  2,  3,  4;   1945,  711.) 

Sects.  60A-60J  added  under  caption  "registration  of  archi- 
tects", 1941,  696  §  2.    (See  1941,  696  §§  3,  4.) 

Sect.  60A,  preliminary  paragraph  amended,  1945,  265  §  2. 

Sect.  60C,  clause  (c)  revised,  1943,  167. 

Sects.  60K-60M  added,  1945,  265  §  1  (further  regulating  the  prac- 
tice of  architecture). 

Sects.  66-73  stricken  out,  and  new  sections  66-73  inserted,  1934, 
339  §  2. 

Sect."  72  amended,  1938,  434  §  1.     (See  1938,  434  §  4.) 

Sect.  73  amended,  1938,  434  §  2.     (See  1938,  434  §  4.) 

Sect.  73A  added,  1937,  287  §  1  (regulating  advertising  in  connection 
with  the  sale  of  eyeglasses,  lenses  or  eyeglass  frames).  (See  1937,  287 
§2.) 

Sect.  73B  added,  1938,  434  §  3  (further  regulating  optometrists  with 
respect  to  premises  where  practice  may  be  carried  on  and  to  the  sharing 
of  their  fees).     (See  1938,  434  §  4.) 

Sects.  74-81  stricken  out,  and  new  sections  74-81C  added,  1941, 
620  §  3.     (See  1941,  620  §§  1,  4-12.) 

Sects.  81A-81Q  inserted  under  caption  "registration  of  profes- 
sional engineers  and  of  land  surveyors",  1941,  643  §  2.  (See 
1941,  643  §§  3-5.) 

Sect.  81A,  as  so  inserted,  amended  and  renumbered  81D,  1941, 
722  §  9A 

Sect.  81L  amended,  1941,  722  §  9B. 

Sects.  81B-81Q,  inclusive,  inserted  by  1941,  643  §  2,  renumbered 
81E-81T,  inclusive,  1941,  722  §  9C. 

Sects.  82-87,  and  caption  before  said  section  82,  stricken  out,  and 
new  sections  82-87  inserted,  under  caption  "registration  of  em- 
BALMERs  AND  FUNERAL  DIRECTORS",  1936,  407  §  3.  (See  1936,  407 
§§  5-8.) 

Sect.  82,  definition  of  "Apprentice"  inserted,  1945,  596  §  1;  defini- 
tion of  "Fvmeral  directing",  revised,  1939,  160  §  1. 

Sect.  83,  third  paragraph  amended,  1939,  160  §  4;  section  revised, 
1945,  596  §  2. 


Chaps.  IK?,  114.]  GENERAL   Laws.  1123 

Sect.  85  amended,  1941,  232. 

Sect.  87  amended,  1937,  13;   1939,  160  §  2. 

Sects.  87F-87S.     See  1937,  184. 

Sect.  87F,  paragraph  contained  in  lines  4-9  revised,  1934,  260  §  1. 

Sect.  87H,  four  sentences  added  at  end,  1934,  260  §  2;  section 
amended,  1936,  314  §  1;  second  paragraph  amended,  1937,  94;  same 
paragraph  revised,  1941,  619  §  1.     (See  1941,  619  §  2.) 

Sect.  871  amended,  1936,  314  §  2. 

Sect.  87K,  paragraph  added  at  end,  1936,  314  §  3. 

Sect.  87M  amended,  1936,  314  §  4. 

Sect.  870  amended,  1933,  149  §  2.     (See  1933,  149  §  3.) 

Sect.  87P  amended,  1934,  260  §  3. 

Sect.  87R  amended,  1936,  314  §  5. 

Sects.  87T-87JJ  added,  under  caption  "registration  of  hair- 
dressers", 1935,  428  §  2.     (See  1935,  428  §§  6,  7.) 

Sect.  87T,  definition  of  "Apprentice"  stricken  out  and  definition  of 
"Instructor"  added,  1941,  626  §  1;  definition  of  "shop"  revised, 
1941,  626  §  2;  section  revised,  1943,  565  §  1. 

Sect.  87U  amended,  1937,  385  §  2;  revised,  1941,  626  §  3. 

Sect.  87V  amended,  1937,  385  §  3;  revised,  1941,  626  §  4;  1943, 
565  §  2. 

Sect.  87W  amended,  1937,  385  §  4;  revised.  1941,  626  §  5;  1943, 
565  §  3. 

Sect.  87X  revised,  1941,  626  §  6;   1943,  565  §  4. 

Sect.  87Z  amended,  1937,  385  §  5;  revised,  1943,  565  §  5. 

Sect.  87 AA  revised,  1941,  626  §  7;   1943,  565  §  6. 

Sect.  87BB  amended,  1937,  385  §  6;   revised,  1943,  565  §  7. 

Sect.  87CC  revised,  1941,  626  §  8;   1943,  565  §  8. 

Sect.  87DD  revised,  1943,  565  §  9. 

Sect.  87EE  revised,  1937,  385  §  7. 

Sect.  87GG  revised,  1941,  626  §  9;   1943,  565  §  10. 

Sect.  87II  amended,  1937,  385  §  8;  revised,  1941,  626  §  10;  1943, 
565  §  11. 

Sect.  87JJ  revised,  1941,  626  §  11;  1943,  565  §  12. 

Sect.  88,  clause  (3)  amended,  1941,  626  §  13. 

Chapter  113.  —  Protnotion  of  Anatomical  Science. 

Sect.  1  amended,  1941,  351  §  7. 

Chapter   114.  —  Cemeteries  an!   Burials. 

Sect.  1  amended,  1936,  319  §  1.     (See  1936,  319  §  7.) 

Sect.  6  amended,  1936,  319  §  2.     (See  1936,  319  §  7.) 

Sect.  7  revised,  1936,  319  §  3.     (See  1936,  319  §  7.) 

Sect.  8  revised,  1936,  319  §  4.     (See  1936,  319  §  7.) 

Sect.  9  amended,  1936,  319  §  5.     (See  1936,  319  §  7.) 

Sect.  25  amended,  1934,  85  §  1.     (See  1934,  85  §  2.) 

Sects.  43A-43N  added,  under  caption  "miscellaneous  provisions", 

1936,  319  §  6  (relative  to  the  ownership,  maintenance  and  operation  of 

cemeteries  and  crematories  and  to  the  disposal  of  dead  human  bodies). 

(See  1936,  319  §  7.) 
Sect.  49  revised,  1936,  407  §  4;   last  paragraph  amended,  1939,  160 

§  3.     (See  1936,  407  §§  5-8.) 


1124  Changes  in  the  [Chai's.  115-117. 


Chapter   115.  —  State  and   Military  Aid,   Soldiers'   Relief,  etc. 

For  legislation  providing  for  payments  for  the  benefit  of  soldiers  and 
sailors  serving  in  the  present  war,  see  1942,  11;   1943,  211. 

Sect.  1,  paragraph  in  third  line  revised,  194.3,  455  §  3;  1945,  393  §  7. 

Sect.  2A  added,  1932,  113  (requiring  the  furnishing  of  information 
to  the  commissioner  of  state  aid  and  pensions  by  certain  banks  and 
other  depositories  relative  to  certain  deposits  therein);  paragraph 
added  at  end,  1943,  455  §  4. 

Sect.  6,  first  paragraph  amended,  1945,  633  §  1;  fourth  paragraph 
amended,  1943,  455  §  5;  sixth  paragraph  amended,  1943,  455  §  6; 
twelfth  paragraph  amended,  1945,  633  §  2;  sixteenth  paragraph 
amended,  1943,  455  §  7. 

Sect.  7  amended,  1937,  273  §  1;  revised,  1938,  316  §  1. 

Sect.  9  amended,  1943,  455  §  8. 

Sect.  10,  second  paragraph  amended,  1943,  455  §  9;   1945,  633  §  3. 

Sect.  12A  added,  1933,  363  (making  certain  Massachusetts  veterans 
receiving  hospital  treatment  outside  the  commonwealth  eligible  to 
receive  military  aid). 

Sect.  15  amended,  1932,  106. 

Sect.  17,  first  paragraph  amended,  1936,  77;  1939,  295;  paragraph 
added,  1932,  63;   section  revised,  1945.  633  §  4. 

Sect.  18,  sentence  added  at  end  of  first  paragraph,  1933,  323;  para- 
graph added  at  end,  1932,  270. 

Sect.  19  amended,  1932,  250;  1934,  336  §  1;  1937,  273  §  2;  revised, 
1938,  316  §  2;  amended,  1943,  455  §  10. 

Sect.  20  amended,  1932,  251;  1934,  336  §  2;  revised,  1943,  455  §  11; 
amended,  1945,  633  §  5. 

Sect.  21  amended,  1943.  455  §  12. 

Sect.  24  revised,  1945,  374  §  1.    (See  1945,  374  §  2.) 

Chapter  116.  —  Settlement. 

Sect.  1,  clause  Fifth  amended,  1943,  455  §  13. 
Sect.  2  revised,  19.33,  213;  ^amended,  1943,  379. 
Sect.  5  amended,  1943,  455  §  14. 


Chapter  117.  —  Support  by  Cities  and  Towns. 

Sect.  1  amended,  1934,  124. 

Sect.  2A  added,  1933,  181  (authorizing  local  boards  of  public  wel- 
fare to  aid  needy  persons  in  the  cultivation  of  vegetable  gardens). 

Sect.  3A  added,  1937,  277  (protecting  needy  persons  from  the  public 
view  while  applying  for  public  relief  and  support). 

Sect.  3B  added,  1939,  127  (prohibiting  local  boards  of  public  welfare 
from  making  the  institution  of  ejectment  proceedings  a  prerequisite  to 
the  payment  by  them  of  rent  owed  for  dwellings  by  certain  persons  on 
welfare  reli(?f). 

Sect.  5  amended,  1937,  125. 

Sect.  6  revised,  1936,  108. 

Sect.  6A  added,  1938,  211  (preventing  discrimination  against  certain 
persons  with  respect  to  the  payment  of  welfare  relief). 


(iHAi's.  lis,  USA. I  General  T.aws.  1  125 

Sect.  13,  new  sentence  added  at  end,  1941,  608. 

Sect.  14  revised,  1937,  113;  amended,  1938,  275;  1939,  39  §  1.  (See 
1939,  39  §  2.) 

Sect.  16  repealed,  1936,  328. 

Sect.  17  ainended,  1939,  370;  1941.  351  §  8;  last  senfpncp  revised. 
1945,  668  §  2.    (See  1939,  454  §  21.) 

Sect.  18  amended,  1934,  45;  1938,  425  ;  revised,  1941,  351  §  9.  (See 
1939,  454  §  21.) 

Sect.  18A  added,  1938,  465  (relative  to  the  payment  by  cities  and 
towns  of  the  expense  of  the  funeral  and  burial  of  certain  poor  and  in- 
digent persons);   paragraph  added  at  end,  1945,  668  §  1. 

Sect.  19,  paragraph  added  at  end,  1937,  86. 

Sect.  21  amended,  1941,  196. 

Sect.  24  revised,  1935,  164;  sentence  added  at  end,  1943,  481. 

Sect.  35  amended,  1932,  180  §  19. 

Sects.  44-46  added,  1938,  476  (authorizing  the  establishment  of  pub- 
lic welfare  districts  in  cities  and  towns). 


Chapter  118.  —  Aid  to  Dependent  Children   (former  title,  Aid   to  Mothers 
with  Dependent   Children). 

The  following  reference  is  to  chapter  118,  as  appearing  in  the  Tercente- 
nary Edition: 

Sect.  1  revised,  1935,  494  §  2.     (See  1935,  494  §  1.) 

Chapter  stricken  out  and  new  chapter  (with  new  title)  inserted,  1936, 
413   §  1.     (See  1936,  413   §  2.) 

The  following  references  are  to  chapter  118,  as  inserted  by  1936,  413  §  1: 

Sect.  1  amended,  1939,  487. 

Sect.  2  amended,  1941,  593  §  1;  1943,  97;  1945,  412;  sentence  in- 
serted after  fourth  sentence,  1945,  532  §  1. 

Sect.  2A  added,  1945,  567  (relative  to  certain  persons  in  families 
receiving  aid  under  the  law  providing  aid  to  dependent  children). 

Sect,  4A  added,  1943,  117  (permitting  recipients  of  aid  to  dependent 
children,  so-called,  to  leave  the  commonwealth  without  suspension  of 
such  aid);  paragraph  added  at  end,  1945,  458  §  1. 

Sect.  5  revised,  1941,  593  §  2. 

Sect.  6  revised,  1941,  405;  two  sentences  added  at  end,  1943,  491 
(See  1939,  454  §  21.) 

Sect.  8  revised,  1939,  248. 

Chapter   118A.  —  Adequate  Assistance  to  Certain   Aged   Citizens. 

The  following  references  are  to  chapter  118A,  as  appearing  in  the 
Tercentenary  Edition : 

Sect.  1  amended,  1933,  219;  revised,  1933,  328;  amended,  1935,  494 
§  3.    (See  1934,  374  §  3  subsection  15;   1935,  494  §  1.) 

Sect.  2A  added,  1933,  285  (providing  for  appeals  by  persons  ag- 
grieved by  failure  of  cities  and  towns  to  render  old  age  assistance). 

Sect.  3  revised,  1932,  259  §  3. 

Chapter  stricken  out  and  new  chapter  118A  inserted,  1936,  436  §  1.  (See 
1936,  436  §  4.) 

The  following  references  are  to  chapter  118A,  as  inserted  by  1936,  436  §  1: 

Sect.  1  amended,  1937,  440  §  1;  last  sentence  amended,  1938,  274; 
section  revised,  1941,  729  §  1;  1943,  489  §  1;  paragraph  added  at  end, 
1943,  506;  same  paragraph  revised,  1945,  532  §  2;   paragraph  inserted 


1126  CllAlMGES    IN    THE  [Cnxf.   119- 

before  said  paragraph,  1945,  441;  last  sentence  of  first  paragraph 
amended,  1945,  683  §  1.    (See  1941,  729  §  15;   1945,  683  §  4.) 

Sect.  2  revised,  1937,  440  §  2;  amended,  1941,  597  §  1;  revised,  1941, 
729  §  2;  1943,  489  §  2;  1945,  683  §  2.  (See  1941,  729  §  15;  1945,  683 
§  4.) 

Sect.  2A  added,  1941,  729  §  3  (relative  to  the  Uabihty  of  children  to 
contribute  to  the  support  of  aged  parents);  revised,  1943,  489  §  3; 
1945,  683  §  3.     (See  1941,  729  §  15;   1945,  683  §  4.) 

Sect.  3  revised,  1937,  440  §  3;  last  sentence  revised,  1938,  285;  sec- 
tion revised,  1939,  481. 

Sect.  4  amended,  1938,  467;  amended,  1941,  729  §  4;  revised,  1943, 
512.     (See  1941,  729  §§  14,  15.) 

Sect.  4 A  added,  1941,  729  §  5  (making  a  recipient  of  old  age  assist- 
ance liable  to  repay  the  same  in  certain  cases).    (See  1941,  729  §  15.) 

Sect.  5  revised,  1938,  408;  amended,  1941,  729  §  6.  (See  1941,  729 
§15.) 

Sect.  6A  added,  1937,  165  (permitting  recipients  of  old  age  assist- 
ance, so  called,  to  leave  the  commonwealth  without  suspension  of  such 
assistance);  amended,  1941,  729  §  7;  revised,  1943,  470;  paragraph 
added  at  end,  1945,  458  §  2.    (See  1941,  729  §  15.) 

Sect.  8  amended,  1941,  729  §  8;  two  sentences  inserted  after  third 
sentence,  1943,  490.    (See  1939,  454  §  21;   1941,  729  §  15.) 

Sect.  9  revised,  1945,  541  §  3. 

Sect.  10  revised,  1941,  597  §  2. 

Sect.  11  added,  1941,  729  §  10  (establishing  the  old  age  assistance 
fund);  amended,  1945,  684.    (See  1941,  729  §§  9,  9A,  15.) 


Chapter  119.  —  Protection  and  Care  of  Children,  and  Proceedings  against 

Them. 

Sect.  1  revised,  1941,  629  §  1. 

Sect.  2  revised,  1941,  629  §  2. 

Sect.  6  revised,  1941,  629  §  3. 

Sect.  9  amended,  1941,  629  §  4. 

Sect.  10  amended,  1941,  629  §  5. 

Sect.  12  revised,  1932,  180  §  20. 

Sect.  13A  added,  1945,  520  (relative  to  the  responsibility  of  the  board 
of  public  welfare  in  a  town  where  an  infant  has  seemingly  been  aban- 
doned). 

Sect.  14  revised,  1941,  629  §  6. 

Sect.  22  amended,  1941,  351  §  10. 

Sect.  28  amended,  1941,  629  §  7. 

Sect.  29  amended,  1941,  629  §  8. 

Sect.  47A  added,  1943,  504  (relative  to  the  payment  of  expenses  for 
the  support  of  certain  neglected  children). 

Sect.  56  revised,  1943,  244  §  1. 

Sect.  58,  paragraph  inserted  after  third  paragraph,  1941,  264  §  1. 

Sect.  58A  amended,  1941,  194  §  6;  revised,  1941,  327. 

Sect.  59,  second  paragraph  stricken  out,  1941,  648  §  1. 

Sect.  60  stricken  out  and  new  sections  60  and  60A  inserted,  1938, 
174  §  1  (relative  to  the  use  of  information  and  records  in  cases  of  way- 
wardness or  delinquency). 


Chai's.  120,  12J.]  (Ieneral  Lawb.  1127 

Sect.  63  revised,  1932,  95  §  1. 

Sect.  65  amended,  1932,  95  §  2. 

Sect.  66  revised,  1941,  648  §  2;   1943,  244  §  2. 

Sect.  67  amended,  1941,  648  §  3;  revised,  1943,  244  §  2. 

Sect.  68  revised,  1943,  244  §  2. 

Sect.  69  revised,  1943,  244  §  2. 

Sect.  73  revised,  1945,  202. 

Sect.  74  amended,  1933,  196  §  1. 

Sect.  75  amended,  1933,  196  §  2. 

Chapter  120.  —  Massachusetts  Training  Schools. 

Sect.  20,  first  sentence  revised,  1945,  147. 
Sect.  21,  first  sentence  amended,  1932,  180  §  21. 

Chapter  121.  —  Powers  and  Duties  of  the  Department  of  Public  Welfare, 
and  the  Massachusetts  Hospital  School. 

For  legislation  relative  to  the  Federal  Surplus  Commodity  Stamp 
Plan,  so  called,  see  1941,  65,  92,  634;   1942,  9,  17. 

Se(_t.  4 a  added,  1941,  630  §  3  (relative  to  information  concerning 
recipients  of  old  age  assistance  and  aid  to  dependent  children);  re- 
vised, 1945,  240  §  2. 

Sect.  6  amended,  1941,  351  §  11. 

Sect.  7  amended,  1941,  351  §  12;  revised,  1941,  404. 

Sect.  8A  added,  1935,  311  §  2  (relative  to  funds  received  by  the 
director  of  the  division  of  aid  and  relief  for  the  benefit  of  persons  under 
the  care  and  supervision  of  the  department);  revised,  1941,  523. 

Sect.  8B  added,  1941,  618  (relative  to  the  disposition  of  certain  un- 
claimed moneys  held  by  the  division  of  child  guardianship  for  the  bene- 
fit of  certain  wards  thereof). 

Sect.  9  amended,  1941,  351  §  13. 

Sect.  9A  added,  1934,  167  (relative  to  the  interstate  transportation 
of  poor  and  indigent  persons) ;  sentence  added  at  end,  1945,  458  §  3. 

Sect.  12  amended,  1941,  351  §  14. 

Sect.  13  amended,  1941,  351  §  15. 

Sect.  15  amended,  1941,  351  §  16. 

Sect.  23  (and  caption)  amended,  1933,  364  §  2;    section  amended, 

1935,  449  §  2;  revised,  1935,  475  §  3.    (See  1933,  364  §  8.) 
Sect.  24  amended,  1933,  364  §  3.     (See  1933,  364  §  8.) 

Sect.  24A  added,  1935,  449  §  2A  (authorizing  the  acceptance  and 
use  by  the  state  board  of  housing  of  grants  of  federal  funds). 

Sect.  24B  added,  1935,  485  §  1  (authorizing  the  state  board  of 
housing  to  take  land  by  eminent  domain  in  order  to  aid  or  co-operate 
with  the  United  States  with  respect  to  federal  housing  projects). 

Sect.  25  revised,  1933,  364  §  4.    (See  1933,  364  §  8.) 

Sect.  26  amended,  1933,  364  §  5;  revised,  1935,  475  §  4;  amended, 

1936,  211  §  6.    (See  1933,  364  §  8;   1936,  211  §  7.) 

Sects.  26A-26H  added,  1933,  364  §  6  (relative  to  the  powers  and 
duties  of  the  state  board  of  housing,  and  to  limited  dividend  corpora- 
tions under  its  control.)     (See  1933,  364  §  8.) 

Sect.  26H  revised,  1935,  449  §  3. 

Sects.  26A-26H  repealed,  1945,  654  §  2. 


1128  C'HANCiKS    IN    THE  [CIh  vi's.  121A,  122. 

Sects.  26I-26BB,  under  caption  "housing  authorities",  added, 
1935,  449  §  5  (relative  to  the  establishment,  powers  and  duties,  and  dis- 
continuance, of  local  housing  authorities). 

Sect.  26Q,  subsection  (c)  added,  1935,  485  §  2  (authorizing  local 
housing  authorities  to  take  land  by  eminent  domain  in  order  to  aid  or 
co-operate  with  the  United  States  with  respect  to  federal  housing 
projects). 

Sects.  26I-26BB  stricken  out  and  new  sections  26I-26II  inserted, 
1938,  484  §  1  (to  relate  the  Massachusetts  Housing  Authority  Law  to 
the  United  States  Housing  Act  of  1937).  (See  1938,  484  §  2;  1941,  269 
§  2;  1941,  317.) 

Sect.  26W  amended,  1943,  148. 

Sect.  26AA,  clause  (d)  stricken  out  and  new  clauses  (d)  and  (e)  in- 
serted, 1941,  269  §  1. 

Sect.  26BB,  amended,  1941,  291. 

Sect.  26DD  revised,  1939,  26. 

Sect.  27  repealed,  1933,  364  §  7. 

Sect.  39  amended,  1941,  351  §  17. 

Sect.  40  amended,  1941,  656  §  13.     (See  1941,  656  §  17.) 

Sect.  42  amended,  1932,  180  §  22;   1941,  406. 

Chapter  121A.  —  Urban  Redevelopment  Corporations. 

New  chapter  inserted,  1945,  654  §  1. 


Chapter  122.  —  Tewksbury  State  Hospital  and  Infirmary  (former  title,  State 

Infirmary). 

Sect.  1  amended,  1941,  351  §  19;  revised,  1941,  596  §  25. 

Sect.  2  amended,  1941,  351  §  20. 

Sect.  2A  amended,  1941,  351  §  21. 

Sects.  2B-2E  added,  1936,  295  (relative  to  Patients'  Funds  at  the 
state  infirmary  and  the  disposition  of  unclaimed  property  and  moneys 
represented  by  bank  books  belonging  to  former  patients). 

Sect.  2B  amended,  1941,  351  §  22. 

Sect.  2C  amended,  1941,  351  §  23. 

Sect.  2D  revised,  1941,  351  §  24. 

Sect.  2E  revised,  1941,  351  §  25. 

Sect.  3  amended,  1941,  351  §  26. 

Sect.  4  amended,  1941,  351  §  27. 

Sect.  5  amended,  1941,  351  §  28. 

Sect.  6  amended,  1933,  345;   1941,  351  §  29. 

Sect.  8  amended,  1941,  351  §  30. 

Sect.  10  amended,  1941,  351  §  31. 

Sect.  13  amended,  1941,  351  §  32. 

Sect.  14  amended,  1941,  351  §  33. 

Sect.  15  amended,  1936,  325;   1941,  351  §  34. 

Sect.  16  amended,  1941,  351  §  35. 

Sect.  17  amended,  1941,  351  §  36. 

Sect.  18  amended,  1936,  378;  1941,  351  §  37;  revised,  1941,  412; 
first  sentence  amended,  1943,  275  §  2;  fourth  sentence  stricken  out  and 
two  sentences  in.serted,  1943,  476;  section  revised,  1945,  583.  (See  1939, 
454  §  21.) 


Chap.  123.]  GENERAL   LaWS.  1129 

Sect.  20  amended,  1941,  351  §  38. 

Sect,  20A  added,  1941,  201  (penalizing  the  unlawful  possession, 
handling  or  consumption  of  certain  things  by  inmates  of  said  hospital 
and  infirmary). 

Sect.  23  amended,  1941,  351  §  39. 

Sect.  24  revised,  1941,  191. 


Chapter   123.  —  Commitment  and   Care  of  the   Insane  and   Other  Mental 

Defectives. 

For  legislation  relative  to  the  establishment  of  the  Norfolk  state 
hospital  for  the  care  of  the  criminal  insane,  see  1935,  421;  1939,  485; 
1941,  194  §§  20,  21,  722  §§  12,  13. 

Sect.  1,  definition  of  "commissioner"  and  "department"  revised, 
1938,  486  §  7.     (See  1938,  486  §§  1,  21,  22.) 

Sect.  4  revised,  1938,  486  §  8.     (See  1938,  486  §§  21,  22.) 

Sect.  8A  added,  1935,  301  (providing  for  co-operation  between  the 
departments  of  mental  diseases  and  public  works  relative  to  roads  at 
state  hospitals). 

Sect.  10  amended,  1941,  490  §  25. 

Sect.  13  revised,  1936,  286. 

Sect.  15  amended,  1941,  656  §  14.     (See  1941,  656  §  17.) 

Sect.  16  revised,  1938,  486  §  9;  amended,  1939,  500  §  1.  (See  1938, 
486  §§  21,  22;  1943,  505.) 

Sect.  16A  amended,  1938,  486  §  10.     (See  1938,  486  §§  21,  22.) 

Sect.  19  repealed,  1935,  163. 

Sect.  20A  added,  1945,  311  (relative  to  commitment  to  the  Veterans 
Administration  or  other  agencies  of  the  United  States  of  certain  war 
veterans  for  care  and  treatment). 

Sect.  22  revised,  1941,  351  §  40,  706 

Sect.  22A  amended,  1941,  194  §  7. 

Sect.  25  amended,  1935,  314  §  3,  421  §  4.     (See  1935,  421  §  6.) 

Sect.  26  repealed,  1938,  486  §  11. 

Sect.  28  revised,  1938,  486  §  12;  1945,  638.    (See  1938,  486  §§  20-22.) 

Sect.  29  revised,  1938,  486  §  13.     (See  1938,  486  §§  21,  22.) 

Sect.  30  revised,  1938,  486  §  14.     (See  1938,  486  §§21,  22.) 

Sect.  31  revised,  1938,  486  §  15.     (See  1938,  486  §§  21,  22.) 

Sect.  32  revised,  1933,  115;  1938,  486  §  16.    (See  1938,  486  §§  21,  22.) 

Sect.  36  revised,  1939,  500  §  12. 

Sect.  39,  sentence  added  at  end,  1936,  291  §  1. 

Sect.  39A  amended,  1936,  291  §  2. 

Sect.  39B  added,  1932,  204  (relative  to  the  disposition  of  unclaimed 
belongings  at  certain  state  hospitals,  known  as  "patients'  valuables"); 
revised,  1936,  291  §  3. 

Sect.  39C  added,  1933,  256  (relative  to  the  disposition  of  moneys 
represented  by  certain  bank  books  belonging  to  former  patients  of 
certain  state  hospitals);  revised,  1936,  291  §  4. 

Sect.  40  amended,  1939,  500  §  13. 

Sect.  43  repealed,  1939,  500  §  2. 

Sect.  45  amended,  1938,  486  §  17.     (See  1938,  486  §§  21,  22.) 

Sect.  46  amended,  1938,  486  §  18.     (See  1938,  486  §§21,  22.) 

Sect.  47  revised,  1938,  486  §  19;  1945,  467.  (See  1938,  486  §§  21,  22.) 

Sect.  49  amended,  1945,  451. 


1130  Changes  in  the  [Chap.  124. 

Sect.  50  revised,  1935,  314  §  4. 

Sect.  52  amended,  1932,  85. 

Sect.  53  revised,  1941,  645  §  1. 

Sect.  56  repealed,  1939,  500  §  4. 

Sect.  62  amended,  1941,  655  §  1. 

Sect.  66  paragraph  added  at  end,  1939,  500  §  6;  first  sentence 
amended,  1945,  24. 

Sect.  66A  amended,  1941,  194  §  8. 

Sect.  69,  sentence  added  at  end,  1945,  227. 

Sect.  77,  first  sentence  amended,  1935,  314  §  5;  section  revised,  1939, 
500  §  5. 

Sect.  78,  first  sentence  revised,  1935,  314  §  6. 

Sect.  79,  first  sentence  revised,  1935,  314  §  7;  section  revised,  1939, 
500  §  7;  amended,  1941,  216  §  1;  revised,  1941,  645  §  2. 

Sect.  80  amended,  1939,  500  §  8. 

Sect.  82  amended,  1939,  500  §  9. 

Sect.  84  revised,  1941,  481;  amended,  1941,  490  §  26;  revised,  1941, 
722  §  10. 

Sect.  86  amended,  1935,  314  §  8;  revised,  1939,  500  §  10. 

Sect.  87  amended,  1939,  500  §  11;  revised,  1945,  454. 

Sect.  88A  revised,  1945,  25. 

Sect.  89  revised,  1941,  216  §  3. 

Sect.  89A  amended,  1941,  194  §  9. 

Sect.  89B  amended,  1938,  254  §  1;  1941,  194  §  10. 

Sect.  90,  first  sentence  amended,  1932,  180  §  23. 

Sect.  96  amended,  1941,  351  §  41;  third  paragraph  revised.  1941, 
398. 

Sect.  lOOA  amended,  1941,  194  §  11. 

Sect.  102  revised,  1934,  15;  paragraph  added  at  end,  1938,  226;  sec- 
tion amended,  1941,  344  §  3. 

Sect.  105  revised,  1936,  130;  first  paragraph  amended,  1945,  50; 
last  paragraph  amended.  1939,  54;  1941,  216  §  2. 

Sect.  110  amended,  1937,  136. 

Sect.  113  amended,  1941,  194  §  12;  revised,  1943,  185  §  1. 

Sect.  114  revised,  1943,  185  §  2. 

Sect.  115  revised,  1943,  185  §  3. 

Sect.  116  revised,  1943,  185  §  4. 

Sect.  117  amended,  1941,  655  §  2. 

Sect.  117A  added,  1936,  32  (providing  in  certain  cases  for  the  return 
to  penal  institutions  of  prisoners  removed  therefrom  to  departments  for 
defective  delinquents) ;  revised,  1943,  185  §  5. 

Sect.  118  revised,  1938,  254  §  2;  1943,  185  §  6;  amended,  1945,  150. 

Sect.  119  revised,  1938,  254  §  3. 


Chapter   124.  —  Powers  and   Duties  of  the   Department   of  Correction. 

Sect.  1  amended,  1939,  451  §  38;  1941,  344  §  4. 

Sect.  5  amended,  1941,  344  §  5. 

Sect.  6  amended,  1936,  23  §  2;  1939,  451  §  39. 

Sect.  7  amended,  1939,  451  §  40. 

Sect.  8  amended,  1935,  48  §  1.     (See  1935,  48  §  2.) 


Chai-8.  125-127.J  General  Laws.  1131 


Chapter  125.  —  Penal  and  Reformatory  Institutions  of  the  Commonwealth. 

Sect.  2  amended,  1941,  344  §  6. 

Sect.  3  amended,  1941,  344  §  7. 

Sect.  4  amended,  1932,  282  §  3;  1941,  344  §  8. 

Sect.  4A  added,  1939,  360  §  1  (changing  the  minimum  age  require- 
ment for  appointment  of  correction  officers  at  certain  state  penal  and 
reformatory  institutions).    (See  1939,  238  §  50.) 

Sect.  6A  added,  1945,  537  §  1  (establishing  the  office  of  treasurer 
at  certain  state  penal  and  reformatory  institutions).  (See  1945,  537 
§5.) 

Sect.  10  revised,  1937,  20  §  1.     (See  1937,  20  §  2.) 

Sect.  11  amended,  1935,  437  §  1.     (See  1935,  437  §  8.) 

Sect.  13  amended,  1936,  276;  1939,  360  §  2. 

Sect.  14,  third  sentence  stricken  out,  1945,  537  §  2. 

Sect.  26  amended,  1945,  537  §  3. 

Sect.  30  amended,  1932,  180  §  24. 

Sect.  34  revised,  1945,  537  §  4. 

Sects.  39-41  (and  heading  before  said  section  39)  repealed,  1941, 
344  §  9. 

Sect.  46  repealed,  1941,  596  §  26. 

Sect.  49  revised,  1936,  125. 

Chapter  126. — Jails,  Houses  of  Correction  and  Reformation,  and  County 

Industrial   Farms. 

Sect.  16  revised,  1937,  219  §  6. 
Sect.  37  amended,  1936,  228. 

Chapter  127.  —  Officers  and  Inmates  of  Penal  and  Reformatory  Institutions, 

Paroles  and  Pardons. 

Sect.  1  revised,  1941,  490  §  27. 

Sect.  2  amended,  1941,  344  §  10. 

Sect.  10  amended,  1936,  23  §  3;  1941,  656  §  15.    (See  1941,  656  §  17.) 

Sect.  11  revised,  1941,  344  §  11. 

Sect.  12  amended,  1941,  344  §  12. 

Sect.  14  amended,  1939,  200. 

Sect.  16,  last  sentence  stricken  out,  1933,  77  §  1;  section  amended, 
1941,  344  §  13. 

Sect.  17  revised,  1933.  77  §  2. 

Sect.  18  amended,  1933,  77  §  3. 

Sect.  23  amended,  1941,  69. 

Sect.  35  amended,  1941,  344  §  14. 

Sect.  36  revised,  1941,  237  §  1. 

Sect.  37  revised,  1941,  237  §  2. 

Sect.  50  revised,  1941,  344  §  15. 

Sect.  51  amended,  1941,  344  §  16. 

Sect.  67 A  added,  1932,  252  §  1  (regulating  the  sale  of  prison  made 
goods).    (See  1932,  252  §  2.) 

Sect.  71  revised,  1941,  344  §  17. 

Sect.  72  amended,  1941,  344  §  18;  revised,  1941,  436  §  1.  (See  1941, 
436  §  2.) 


1132  Chances  in  the  [Chai^  i27. 

Sect.  78  and  sections  79-82  (and  heading  preceding  said  section  79) 
repealed,  1941,  344  §  19. 

Sect.  84  amended,  1941,  490  §  28. 

Sect.  87  amended,  1941,  344  §  20. 

Sect.  90 A  revised,  1938,  65. 

Sect.  96  amended,  1941,  351  §  42. 

Sects.  96A  and  96B  added,  1936,  383  (providing  for  the  disposition  of 
unclaimed  money  and  propertv  of  former  prisoners). 

Sect.  96A  amended,  1945,  290. 

Sect.  97  revised,  1943,  113. 

Sect.  109  repealed,  1941,  344  §  21. 

Sect.  109B  added,  1935,  113  §  1  (relative  to  the  transfer  of  certain 
prisoners  from  the  Massachusetts  Reformatory  to  the  State  Prison). 
(See  1935,  113  §  2.) 

Sect.  Ill  A  added,  1933,  169  (relative  to  transfers  of  defective  de- 
linquents and  drug  addicts  from  one  institution  to  another  under  the 
department  of  correction). 

Sect.  117  revised,  1941,  510  §  1;   1943,  120. 

Sect.  118  revised,  1938,  456;  amended,  1941,  351  §  43;  revised,  1941, 
510  §  2. 

Sect.  123  amended,  1941,  510  §  3. 

Sect.  127  amended,  1938,  71;  1941,  70;  1941,  690  §  5A;  sentence 
added  at  end,  1945,  449  ^  2.     (See  1941,  690  §^  8-10.) 

Sect.  128  amended,  1939,  451  §  41;  revised,  1941,  690  §  1.  (See  1941, 
690  §§  8-10.) 

Sect.  129  revised,  1937,  399  §  2.     (See  1937,  399  §§  3-6.) 

Sect.  130  revised,  1938,  264  §  1;  amended,  1941,  277.  (See  1938, 
264  §  2.) 

Sect.  131  amended.  1939,  451  §  42. 

Sect.  132  amended,  1939,  451  §  43. 

Sect.  133  revised,  1933,  134  §  1;  amended,  1939,  451  §  44.  (See 
1933,  134  §  2.) 

Sect.  135  amended,  1939,  451  §  45. 

Sect.  136  amended,  1939,  451  §  46. 

Sect.  137  amended,  1939,  451  §  47;  repealed,  1941,  344  §  22. 

Sect.  137A  amended,  1939,  451  §  48. 

Sect.  138  amended,  1939,  451  §  49. 

Sect.  139  amended,  1939,  451  §  50;  revised,  1941,  344  §  23. 

Sects.  129-139  stricken  out  and  new  sections  129-136  and  136A  in- 
serted, 1941,  690  §  2.     (See  1941,  690  §§  8-10.) 

The  following  reference  is  to  section   129  inserted   by   1941,   690    §  2. 

Sect.  129,  third  senlcnce  amended,  1945,  49  §  1.     (See  1945.  49  §  2.) 

Sect.  141  amended,  1941,  174  §  1. 

Sect.  146  revised,  1932,  221  §  1. 

Sect.  149  amended,  1939,  451  §  51;  revised.  1941,  174  §  2;  amended, 
1941,  690  §  3.     (See  1941,  690  §§  8-10.) 

Sect.  151,  last  sentence  amended,  1932,  180  §  25. 

Sects.  151A-151G  added,  under  the  heading  "interstate  super- 
vision OF  PROBATIONERS  AND  PAROLEES ",  1937,  307  §  1  (providing  for 
the  entry  of  this  commonwealth  into  compacts  with  any  of  the  United 
States  for  mutual  helpfulness  in  relation  to  persons  convicted  of  crimes 
or  offences  who  are  on  probation  or  parole).     (See  1937,  307  §  2.) 


Chaps.  128,  128A.]  GENERAL   LaWS.  1133 

Sect.  152  rovised,  1939,  479:  sentence  added  at  end  of  fourth  para- 
graph, 1941.  297:  same  sentence  stricken  out,  1945,  38  §  8.  See  1945, 
180. 

Sect.  153,  see  1945,  180. 

Sect.  154  amended,  1939,  451  §  52;  revised,  1941,  690  §  4.  (See  1941, 
690  §§  8-10.) 

Sect.  154,  see  1945,  180. 

Sect.  154A  added,  1935,  225  (requiring  consideration  by  the  advisory- 
board  of  pardons  of  the  cases  of  certain  Hfe  prisoners  on  the  question  of 
extending  clemency);  amended,  1939,  451  §  53. 

Sect.  158  revised,  1941,  344  §  24. 

Sect.  160  revised,  1941,  344  §  25;  1943,  433;  last  sentence  stricken 
out,  1945,  512. 

Sects.  166-169  added.  1939,  484  (regulating  the  payment  or  receipt 
of  money  or  other  rewards  or  gratuities  for  the  purpose  of  obtaining  the 
granting  of  any  pardon,  parole,  or  commutation  of  or  respite  from 

Sects.  166  and  167  revised,  1941,  690  §  5.     (See  1941,  690  §§  8-10.) 


Chapter   128.  —  Agriculture. 

Sect.  1  amended,  1941,  490  §  29. 

Sect.  2,  paragraph  (a)  revised,  1941,  490  §  30;  paragraph  (/) 
amended,  1937,  415  §  1;  1938,  230;  paragraph  (g)  added,  1933,  291  §  1; 
same  paragraph  repealed,  1941,  598  §  3. 

Sect.  6  amended,  1933,  291  §  2;   1941,  598  §  4. 

Sect.  8A  added,  1943,  495  (relative  to  the  control  or  destruction  of 
certain  rodents  bv  the  commissioner  of  agriculture). 

Sect.  10  amended,  1934,  340  §  10.     (See  1934,  340  §  18.) 

Sect.  13  amended,  1934,  340  §  11.     (See  1934,  340  §  18.) 

Sects.  16-31A  affected,  1939,  405. 

Sect.  16  amended,  1941,  490  §  32. 

Sect.  22  amended,  1941,  490  §  33. 

Sect.  23  amended,  1941,  490  §  34. 

Sect.  24A  added,  1939,  136  (providing  for  the  control  of  the  Dutch 
elm  disease). 

Sect.  27  revised,  1938,  309. 

Sect.  31A  revised,  1943,  144. 

Sect.  39  repealed,  1933,  74  §  2. 

Sect.  42  revised,  1932,  166. 


Chapter   128A.  —  Horse  and   Dog   Racing  Meetings. 

New  chapter  inserted,  1934,  374  §  3. 

Sect.  3,  first  paragraph  revised,  1935,  454  §  2;  1943,  269;  clause  (c) 
amended,  1941,  382;  clause  {e)  revised,  1939,  505  §  1;  clause  (/)  amended, 
1935,  454  §  3;  clause  (h)  amended,  1935,  454  §  4;  clause  (?)  revised,  1939, 
505  §  2;  clause  (n)  added,  1935,  239  (forbidding  the  licensed  racing  of 
horses  and  dogs  under  the  pari-niutuel  system  of  betting,  on  publicly 
owned  premises);  clause  (n)  added,  1935,  471  §  1  (forbidding  the  li- 
censed racing  of  dogs  under  such  system,  in  certain  residential  neigh- 


1134  Changes  in  the  [Chaps.  128B,  120. 

borhoods);  desi2;nation  of  the  clause  added  by  1935,  471  §  1  changed 
from  (n)  to  (0),  1936,  405  §  3.    (See  1935,  471  §  2;   1939,  505  §  3.) 

Sect.  4,  last  paragraph  revised,  1939,  356. 

Sect.  5,  first  paragraph  revised,  1935,  454  §  1;  second  and  third  para- 
graphs revised,  1936,  351;  third  paragraph  revised,  1939,  473;  last 
paragraph  amended,  1939,  497. 

Sect.  9,  last  paragraph  revised,  1935,  454.  §  5. 

Sect.  9A  added,  1935,  454  §  6  (relative  to  rules,  regulations  and  con- 
ditions to  be  prescribed  by  the  state  racing  commission). 

Sect.  10  revised,  1936,  268. 

Sect.  13  amended,  1935,  454  §  7. 

Sect.  13A  added,  1935,  454  §  8  (relative  to  the  application  of  certain 
laws  as  to  betting  and  certain  local  requirements  as  to  race  tracks  and 
public  amusements,  in  the  case  of  racing  meetings  under  this  chapter) ; 
revised,  1939,  159;  amended,  1941,  295.    (See  1935,  471  §  2.) 

Sect.  13B  added,  1937,  322  (prohibiting  and  penalizing  the  use  of 
drugs  for  the  purpose  of  affecting  the  speed  of  horses  at  horse  racing 
meetings). 

Sect.  14  revised,  1935,  279  §  2;  1936,  253  §  2;  amended,  1938,  282. 
(See  1935,  279  §  3;   1936,  253  §  1.) 

Sect.  14A  added,  1935,  279  §  1  (providing  for  the  resubmission  to 
the  voters  of  the  several  counties  of  the  question  of  licensing  dog  races 
at  which  the  pari-mutuel  system  of  betting  shall  be  permitted);  re- 
pealed, 1936,  253  §  1.    (Seel935,  279  §  3;   1936,  253  §  1.) 

Sect.  15  revised,  1936,  436  §  2;  1941,  729  §  12.  (See  1936,  436  §  4; 
1941,  729  §  15.) 

Chapter  128B.  —  Conservation  of  Soil  and  Soil  Resources  and   Prevention 
and   Control  of  Erosion. 

New  chapter  inserted,  1945,  531. 


Chapter  129.  —  Livestock  Disease  Control  (former  title.  Animal   Industry). 

Sect.  1  revised,  1934,  340  §  12;  paragraph  (defining  "Domestic  ani- 
mals") added,  1935,  70.     (See  1934,  340  §  18.) 

Sect.  8A  added,  1941,  375  (establishing  a  scale  of  fees  for  the  inocu- 
lation of  swine  against  hog  cholera). 

Sect.  9  amended,  1943,  332  §  10. 

Sect.  10  amended,  1934,  340  §  13.     (See  1934,  340  §  18.) 

Sect.  15  revised,  1941,  162. 

Sect.  26A  revised,  1938,  168;  amended,  1941,  173. 

Sect.  29  amended,  1938,  308. 

Sect.  32  amended,  1939,  451  §  54. 

Sect.  33  amended,  1934,  272. 

Sect.  33B  revised,  1934,  96. 

Sect.  36A  added,  1935,  426  (providing  for  the  licensing  of  certain 
dealers  in  bovine  animals);  repealed,  1941,  607  §  2. 

Sect.  36B  added,  1938,  314  (providing  for  the  vaccination  of  certain 
cattle  to  curtail  the  spread  of  Bang's  disease,  so  called);  revised,  1943, 
56. 

Sect.  36C  added,  1938,  386  (regulating  the  transportation  of  neat 
cattle);  repealed,  1941,  607  §  2. 


Chaps.  129A,  130.]  GENERAL   LawS.  1135 

Sect.  38  revised,  1934,  340  §  14.    (See  1934,  340  §  18.) 

Sects.  39-43  added,  1941.  607  §  1  (to  further  regulate  the  dealing  in 

and  transportation  of  bovine  animals  and  to  prevent  the  spread  of 

disease  among  such  animals). 


Chapter    129A.  —  Marine   Fish   and    Fisheries,    Inland    Fish   and    Fisheries, 
Birds  and  Mammals,  General   Provisions. 

New  chapter  inserted,  1933,  329  §  1. 

Sect.  1,  definition  of  "Warden"  revised,  1937,  413  §  2;  definitions 
of  "Coastal  Warden",  "Deputy  Coastal  Warden"  and  "Supervisor", 
revised,  1939,  491  §  11.    (See  1937,  413  §§  3,  4;   1939,  491  §  12.) 

Sect.  10,  sentence  added  at  end,  1941,  171. 

Chapter  129A  repealed  in  part,  1941,  598  §  7;  entirely  repealed,  1941, 
599  §  1.     (See  1941,  598  §  9,  599  §  7.) 


Chapter  130.  —  Marine  Fish  and  Fisheries  (former  title,  Marine  Fish  and 
Fisheries,   including  Crustacea  and  Shellfish). 

The  following  reference  is  to  chapter  130,  as  appearing  in  the  Tercen- 
tenary Edition: 

Sect.  48A  added,  1933,  118  (prohibiting  the  taking  of  certain  herring 
or  alewives  from  the  waters  of  Plymouth  harbor,  Kingston  bay,  Dux- 
bury  bay  and  certain  waters  of  Plymouth  bay). 

Chapter  stricken  out,  and  new  chapter  130  (with  new  title)  inserted, 
1933,  329  §  2. 

The  following  references  are  to  chapter  130  as  so  inserted: 

Sect.  3A  added,  1935,  324  (providing  for  state  aid  to  coastal  cities 
and  towns  in  conserving  and  increasing  the  supply  of  shellfish  and  in 
exterminating  the  enemies  thereof). 

Sect,  6B  added,  1934,  115  §  1  (providing  for  the  filing  with  the 
supervisor  of  marine  fisheries  of  copies  of  rules  and  regulations  made 
by  cities  and  towns  under  the  marine  fisheries  laws,  and  for  notifying 
him  of  permits  and  licenses  issued  under  said  laws).    (See  1934,  115  §  2.) 

Sect.  11 A  added,  1941,  172  (penahzing  the  taking  of  certain  herring 
or  alewives  from  the  waters  of  Plymouth  Harbor,  Kingston  Bay,  Dux- 
bury  Bay  and  certain  waters  of  PIvmouth  Bay). 

Sect.  23  amended,  1937,  168. 

Sects.  27A  and  27B  added,  1939,  385  §  1  (relative  to  the  establish- 
ment and  maintenance  of  a  plant  for  the  propagation  of  lobsters).  (See 
1939,  385  §  2.) 

Sect.  41 A  added,  1937,  121  (prohibiting,  during  certain  months  of  the 
year,  the  taking  of  edible  crabs  from  the  waters  of  the  commonwealth). 

Sect.  48,  first  paragraph  amended,  1935,  110. 

Sect.  73  amended,  1935,  117. 

Sects.  77,  78,  79  revised,  1937,  246. 

Sect.  84A  added,  1934,  129  (regulating  the  disposition  of  starfish 
caught  in  or  taken  from  the  coastal  waters  of  the  commonwealth). 

Chapter  stricken  out,  and  new  chapter  130  (with  new  title)  inserted, 
1941,  598  §   1.     (See  1941,  598  §  9.) 

The  following  references  are  to  chapter  130  as  so  inserted: 

Sect.  1,  definition  of  "Fish"  amended,  1945,  98  §  1;  last  paragraph 
re\-ised,  1945,  98  §  2. 

Sect.  2,  last  paragraph  revised,  1945,  98  §  3. 


1136  Changes  in  the  [Chai>.  i;]1. 

Sect.  15A  added,  1945,  281  (providing  for  reciprocal  enforcement  of 
laws  relating  to  marine  fisheries). 

Sect.  31  amended,  1945,  98  §  4. 

Sect.  33  amended,  1945,  98  §  5. 

Sect.  37,  paragraph  contained  iii  lines  10  and  11  amended,  1943, 
149;  same  paragraph  revised,  1943,  533  §  1.     (See  1943.,  533  §  2.) 

Sect.  42,  last  sentence  amended,  1945,  242  §  15. 

Sect.  43,  last  sentence  amended,  1945,  242  §  16. 

Sect.  69  amended,  1945,  98  §  6. 

Sect.  74,  sentence  added  at  end,  1945,  99  §  1. 

Sect.  80,  third  paragraph  amended,  1945,  98  §  7. 

Sect.  81,  sentence  added  at  end,  1945,  99  §  2. 

Sect.  82,  sentence  added  at  end,  1945,  99  §  3. 

Sect.  100  amended,  1945,  264  §  1. 

Sects.  lOOA  and  lOOB  added,  1945,  264  §  2  (makiug  pcrmMiient  tJie 
law  protecting  striped  bass).  For  prior  temporary  legislation  see  1941, 
421. 

Chapter  1.31.  —  Powers  and  Duties  of  the  Division  of  Fisheries  and  Game 
(former   title,   Game   and    Inland   Fisheries). 

The  following  references  are  to  chapter  131,  as  appearing  in  the  Tercen- 
tenary  Edition: 

Title  amended,  1933,  329  §  14. 

Sects.  1-4  repealed,  1933,  329  §  20. 

Sect.  5  amended,  1932,  272  §  1;  1933,  214  §  1;  1937,  191  §  1. 

Sect.  6  revised,  1932,  272  §  2. 

Sect.  7  revised,  1932,  272  §  3. 

Sect.  8  revised,  1932,  272  §  4;  new  paragraph  added  (summer  three- 
day  fishing  license),  1934,  156;  same  paragraph  revised,  1938,  121  §  1. 
(See  1938,  121  §  2.) 

Sect.  8A  added,  1933,  214  §  2  (establishing  special  fox  hunting  licenses 
for  non-resident  members  and  guests  of  clubs  or  associations  conducting 
fox  hunts). 

Sect.  8B  added,  1937,  191  §  2  (authorizing  the  issuance  to  certain 
officials  of  certain  other  states  of  complimentary  certificates  entitling 
them  to  hunt  and  fish  in  this  commonwealth). 

Sects.  9-11  repealed,  1933,  329  §  20. 

Sect.  12  amended,  1932,  272  §  5;  revised,  1933,  214  §  3. 

Sect.  13  revised,  1933,  329  §  15. 

Sect.  13A  added,  1941,  159  §  1  (imposing  a  penalty  for  carrying  fire- 
arms, while  intoxicated,  in  places  where  hunting  is  permitted).  (See 
1941,  159  §  2.) 

Sects.  14-24  repealed,  1933,  329  §  20. 

Sect.  24A  added,  1932,  78  (relative  to  the  establishment  in  certain 
brooks  and  streams  of  breeding  areas  for  fish). 

Sect.  25,  paragraph  added  at  end,  1934,  33. 

Sects.  27-34  repealed,  1933,  329  §  20. 

Sect.  42  repealed,  1933,  329  §  20. 

Sect.  43A  added,  1936,  294  (relative  to  fishing  in  ponds  situated 
partly  in  the  commonwealth  and  partly  in  anothtu-  state). 

Sect.  44  revised,  1933,  329  §  16. 

Sect.  45,  sentence  added  at  end,  1932,  77. 


CiiAf.  131.1  Of.nekal  T.aws.  1137 

Sect.  48  revised,  193G,  09. 

Sect.  49  amended,  1933,  329  §  17. 

Sect.  49A  added,  1937,  123  (establishing  a  close  season  for  fish  with 
respect  to  which  no  close  season  is  otherwise  established  b}'-  law). 

Sects.  52-55  repealed,  1933,  329  §  20. 

Sect.  56  amended,  1934,  51. 

Sect.  57  amended,  1934,  149;  1936,  425  §  1;  1937,  116. 

Sect.  59  revised,  1936,  425  §  2;  1937,  269. 

Sect.  61A  added,  1933,  329  §  18  (regulating  the  taking  of  smelt  in 
great  ponds). 

Sect.  66  amended,  1934,  40. 

Sect.  68  revised,  1935,  120. 

Sect.  73A  added,  1935,  98  (authorizing  the  use  of  certain  traps  for 
the  purpose  of  catching  fish  bait  in  the  inland  waters  of  the  common- 
wealth). 

Sect.  74  revised,  1932,  272  §  6. 

Sect.  77  revised,  1933,  154. 

Sect.  83  revised,  1935,  107. 

Sect.  85  amended,  1932,  28;  1935,  13;  1937,  167. 

Sect.  86A  added,  1932,  60  (authorizing  the  director  of  fisheries  and 
game  to  suspend  or  modify  the  open  season  or  bag  hmit  as  to  rufTed 
grouse  and  quail). 

Sect.  87A  added,  1933,  122  (relative  to  the  taking  or  killing  of  water- 
fowl and  other  migratory  birds  in  certain  cases) . 

Sect.  92  amended,  1932,  52. 

Sect.  94  amended,  1934,  183;   1937,  172;  revised,  1937,  316. 

Sect.  97  revised,  1934,  70;  amended,  1936,  13. 

Sect.  99  amended,  1932,  180  §  26. 

Sect.  lOOA  added,  1932,  82  (prohibiting  the  hunting  of  beavers). 

Sect.  103  revised,  1938,  301. 

Sect.  104  revised.  1933,  192  §  1;    1937,  324;  amended,  1941,  175. 

Sect.  104A  added,  1939,  462  (restricting  the  carrying  of  certain  fire- 
arms in  motor  vehicles  in  areas  used  for  hunting). 

Sect.  105A  revised,  1933,  203;  repealed,  1934,  275  §  2. 

Sects.  105B  and  105C  added,  1934,  275  §  1  (regulating  the  use  of 
traps  and  other  devices  for  the  capture  of  fur-bearing  animals  and 
providing  for  local  option  thereon).     (See  1934,  275  §  4.) 

Sect.  109  revised,  1932,  264;  1933,  192  §  2;  amended,  1935.  5  §  1; 
1936,  21  §  1,  138  §  1;   1937,  89  §  1,  243  §  1. 

Sect.  112  revised,  1933,  192  §  3;  amended,  1935,  5  §  2;  1936,  21  §  2, 
138  §  2;   1937,  243  §  2. 

Sect.  114  revised,  1937,  89  §  2;  last  paragraph  amended,  1937, 
372  §  1. 

Sect.  114A  added,  1934,  275  §  3  (authorizing  the  commissioner  of 
conservation  to  temporarily  suspend,  within  certain  specified  territory, 
the  provisions  of  section  105B). 

Sect.  124  amended,  1937,  229. 

Sect.  135  revised,  1932,  81,  272  §  7. 

Sect.  137  added,  1933,  329  §  19  (relative  to  the  protection  of  salmon 
fry  in  the  Merrimack  river). 

Chapter  stricken  out,  and  new  chapter  131  (with  new  title)  inserted,  1941, 
599  §  2.     (See  1941,  599  §§  5-7.) 


1 138  Changes  in  the  [C'h.u'«.  132,  132A. 

The  following  references  are  to  chapter  131  as  so  inserted: 

Sect.  1,  detinition  of  ''Birds"  revised,  1941,  663  §  1;  definition  of 
"Loaded  shotgun  or  rille"  inserted,  1945,  83;  definition  of  "Mam- 
mals" revised,  1941,  663  §  2.     (See  1941,  663  §  3.) 

Sect.  3 A  added,  1945,  548  §  1  (establishing  the  inland  fisheries  and 
game  fund).    (See  1945,  548  §  3.) 

Sect.  8,  last  paragraph  of  clause  (1)  revised,  1943,  265. 

Sect.  14.  paragraph  contained  in  lines  65-73  amended,  1943,  216  §  1 ; 
paragraph  contained  in  lines  74-86  amended,  1943,  216  §  2. 

Sect.  34  revised,  1945,  693  §  2. 

Sect.  61 A  added,  1945,  232  (protecting  the  wood  duck). 

Sect.  68  amended,  1943,  90. 

Sect.  97  repealed,  1945,  12. 

Sect.  97A  added,  1943,  463  (relative  to  the  disposition  by  counties  of 
revenue  received  from  the  federal  government  by  reason  of  federal  wild- 
life refuges  situated  therein);   repealed,  1945,  12. 

Sect.  101  revised,  1943,  100. 


Chapter  132.  —  Forestry. 

Sect.  1  amended,  1937,  415  §  2;   1941,  490  §  36. 

Sect.  5  repealed,  1932,  180  §  27. 

Sect.  6  revised,  1941,  455. 

Sect.  11  revised,  1937,  415  §  3. 

Sect.  12  amended,  1937,  415  §  4. 

Sect.  12A  added,  1945,  401  (relative  to  suppression  of  gypsy  moths 
etc.,  on  land  of  the  commonwealth). 

Sect.  13  revised,  1935,  87;  amended,  1937,  415  §  5. 

Sect.  14  revised,  1937,  415  §  6. 

Sect.  17  amended,  1937,  415  §  6A. 

Sect.  18  amended,  1937,  415  §  6B. 

Sect.  22  amended,  1937,  415  §  7. 

Sect.  25  revised,  1937,  415  §  8. 

Sect.  26  amended,  1937,  415  §  9. 

Sect.  27  amended,  1937,  415  §  10. 

Sect.  28  amended,  1937,  415  §  11. 

Sect.  30,  last  sentence  revised,  1945,  514. 

Sect.  33  amended,  1935,  373;   1936,  415  §  1.     (See  1936,  415  §  3.) 

Sect.  34,  new  paragraph  added  at  end,  1935,  233. 

Sect.  36  revised,  1936.  415  §  2.     (See  1936,  415  §  3.) 

Sect.  36A  added,  1945,  27  (relative  to  the  acquisition  by  prescrip- 
tion or  adverse  possession  of  title  to  lands  of  the  commonwealth  under 
control  of  the  department  of  conservation). 

Sects.  40-45  added,  under  caption  "Forest  Cutting  Practices",  1943, 
539. 


Chapter  132A.  —  State  Parks  and  Reservations  Outside  of  the  Metropolitan 

Parks  District. 

Sect.  2  amended,  1941,  490  §  37. 
Sect.  7  revised,  ,1941,  722  §  11. 
Sect.  9  amended,  1933,  75  §  4. 


emu's.  135-138.]  General  Laws.  •  1139 


Chapter  135.  —  Unclaimed  and  Abandoned  Property, 

Sect.  8  amended,  1938,  98  §  1. 
Sect.  9  amended,  1938,  98  §  3. 
Sect.  11  amended,  1938,  98  §  2. 

Chapter  136.  —  Observance  of  the  Lord's  Day. 

Sect.  2  amended,  1933,  150  §  1;   1934,  63;   1935,  78. 

Sect.  4  amended,  1945,  575. 

Sect.  4A  added,  1933,  150  §  2  (relative  to  the  licensing  of  certain 
enterprises  to  be  held  on  the  Lord's  day  at  amusement  parks  and  beach 
resorts);  revised,  1933,  309  §  1.     (See  1933,  309  §  2.) 

Sect.  6,  second  and  third  paragraphs  amended,  1934,  328  §  7;  fourth 
paragraph  amended,  1932,  96;  1934,  354;  paragraph  added  at  end,  1933, 
150  §  3;  section  revised,  1934,  373  §  6;  third  paragraph  amended,  1936, 
129;  1937,  286;  fourth  paragraph  amended,  1938,  143;  same  para- 
graph revised,  1943,  473. 

Sect.  7  amended,  1934,  328  §  8;  revised,  1934,  373  §  7. 

Sect.  8  amended,  1937,  124. 

Sect.  13  amended,  1932,  105. 

Sect.  17,  sentence  added  at  end,  1933,  150  §  4;  section  amended, 
1934,  55;  revised,  1938,  60. 

Sect.  21  revised,  1935,  104,  169. 

Sect.  22.     See  1933,  136;   1935,  49. 

Chapter    138.  —  Alcoholic    Liquors    (Old    Title,    Intoxicating    Liquors    and 
Certain  Non-Intoxicating  Beverages). 

Beer  bill,  so  called,  1933,  120  (amended  by  1933,  216,  234,  346). 
(See  also  1933,  Res.  47.) 

Act  providing  for  a  convention  to  act  upon  a  proposed  amendment 
to  the  constitution  of  the  United  States  relative  to  the  repeal  of  the 
eighteenth  amendment,  1933,  132. 

The  following  references  are  to  chapter  138,  as  appearing  in  the  Tercen- 
tenary Edition: 

Sect.  1,  paragraph  in  Hues  4-7  amended,  1933,  97  §  1.  (See  1933, 
97  §  3,  346  §  9.) 

Sect.  2  affected,  1933,  120  §  53. 

Sect.  3  amended,  1933,  97  §  2.     (See  1933,  97  §  3,  346  §  9.) 

Chapter  stricken  out,  and  new  chapter  138  inserted,  1933,  376  §  2. 
The  following  references  are  to  the  new  chapter  138: 

Sect.  1,  new  paragraph  (definition  of  "Alcohol")  added,  1935,  440 
§  1;  definition  of  "Restaurant"  amended,  1936,  368  §  1;  eighth  para- 
graph (definition  of  "Club"),  revised,  1934,  385  §  1;  definition  of 
"Tavern"  amended,  1934,  121  §  1;  1935,  253  §  1;  definition  of  "Wines" 
revised,  1941,  637  §  1.     (See  1941,  637  §  3.) 

Sect.  2  revised,  1934,  305,  372  §  4;  1935,  440  §  2;  first  sentence 
revised,  1939,  470  §  1;   1943,  542  §  1. 

Sect.  3  amended,  1935,  440  §  3. 

Sect.  4  amended,  1934,  385  §  2. 

Sect.  7  amended,  1935,  440  §  4. 

Sect.  10  amended,  1935,  440  §  5. 


1140  Chances  ix  the  [Cjiai-.  13S. 

Sect.  lOA  revised,  1943,  542  §  2. 

Sect.  lOB  added,  1934,  370  §  11  (authorizing  the  alcohohc  beverages 
control  commission  to  remove  a  member  of  a  local  licensing  board 
under  certain  conditions). 

Sect.  11  revised,  1936,  207  §  1.     (See  1935,  281.) 

Sect.  IIA,  first  paragraph  amended,  1934,  142  §  1;  paragraph  in- 
serted, 1934,  142  §  2;  paragraph  added  at  end,  1934,.  142  §  3;  section 
revised,  1934,  211  §  1;  last  paragraph  stricken  out,  1935,  440  §  6.    (See 

1934,  142  §  4,  211  §  2.) 

Sect.  12,  first  paragraph  amended,  1934,  121  §  2;  last  sentence  of 
first  paragraph  revised,  1934,  370  §  1;  second  paragraph  amended,  1934, 
121  §  2;  sentence  contained  in  lines  42-53  revised,  1934,  370  §  2;  section 
revised,  1934,  385  §  3;  first  paragraph  amended,  1935,  253  §  2;  revised, 

1935,  440  §  7;  new  paragraph  inserted  after  first  paragraph,  1935,  253 
§  3 ;  proviso  contained  in  lines  46-48  stricken  out,  1935,  253  §  4 ;  third 
paragraph  revised,  1935,  440  §  8;   next  to  last  paragraph  stricken  out, 

1935,  440  §  9;  section  revised,  1935,  468  §  1;  first  paragraph  amended, 

1936,  207  §  2;  last  sentence  of  first  paragraph  revised,  1937,  331;  1943, 
542  §  3;  second  paragraph  revised,  1936,  368  §  2;  amended,  1943,  542 
§  4;  paragraph  added  at  end,  1937,  264.     (See  1943,  542  §  20.) 

Sect.  13,  last  two  sentences  stricken  out,  1934,  385  §  4;  section  re- 
vised, 1935,  440  §  10. 

Sect.  14  amended,  1934,  370  §  3;  paragraph  added  at  end,  1935, 
440  §  11. 

Sect.  15,  first  paragraph  amended,  1934,  385  §  5;  revised,  1935, 
440  §  12;  last  paragraph  revised,  1934,  370  §  4;  last  sentence  revised, 
1936,  225  §  1;  second  paragraph  revised,  1938,  353. 

Sect.  15A  added,  1934,  370  §  5  (relative  to  the  publication  of  appli- 
cations for  original  licenses);  revised,  1935,  440  §  13;  1939,  414; 
amended,  1943,  542  §  5. 

Sect.  16  revised,  1936,  368  §  3. 

Sect.  16A  revised,  1934,  385  §  6;  1937,  424  §  1. 

Sect.  16B  revised,  1935,  440  §  14;  paragraph  added  at  end,  1937, 
291;  section  revised,  1937,  424  §  2;  second  paragraph  revised,  1939,  92; 
section  amended,  1943,  542  §  6. 

Sect.  17,  second  proviso  of  first  paragraph  amended,  1934,  385  §  7; 
first  paragraph  amended,  1935,  81;  last  paragraph  revised,  1934,  83; 
section  revised,  1935,  440  §  15;  first  paragraph  amended,  1936,  136, 
245;  1937,  14  §  1;  second  paragraph  revised,  1936,  199;  paragraph 
added  after  the  second  paragraph,  1936,  368  §  4;  section  revised,  1937, 
424  §  3;  paragraph  in  lines  106-118  revised,  1939,  263;  paragraph  in 
lines  119  122  re^'isc(t,  1941,  .522;  .saine  paragraph  amended,  1945,  666. 
(See  1937,  14  §  2.) 

Sect.  18,  first  paragraj^h  revised,  1935,  440  §  16;  first  sentence  re- 
vised, 1943,  542  §  7;  two  paragraphs  added,  1934,  385  §  8;  paragraph 
added  at  end,  1943,  542  §  8. 

Sect.  18A  added,  under  caption  "selling  agents  of  foreign  im- 
porters AND  manufacturers",  1934,  312;  first  paragraph  revised, 
1935,  440  §  17. 

Sect.  18B  added,  1943,  542  §  9  (relative  to  the  issuance  of  certificates 
of  compliance  to  persons  licensed  outside  the  commonwealth  to  export 
and  sell  alcoholic  beverages  to  licensees  under  this  chapter). 


Chai'.  i;j8.j  General  Laws.  1141 

Sect.  19,  first  paragraph  revised,  1935,  440  §  18;  second  paragraph 
amended,  1934,  385  §  9;  last  paragraph  amended,  1934,  385  §  10;  1935, 
440  §  19;  paragraph  added  at  end,  1936,  368  §  5. 

Sect.  19 A  added,  1934,  385  §  11  (relative  to  the  licensing  of  sales- 
men for  manufacturers  and  for  wholesalers  and  importers);  revised, 
1935,  440  §  20. 

Sect.  20  revised,  1934,  385  §  12;  first  paragraph  amended,  1936,  368 
§  6;  paragraph  inserted,  1936,  368  §  7;  section  revised,  1943,  542  §  10. 

Sect.  20A  added,  1937,  424  §  4  (relative  to  granting  permits  to  pub- 
lic warehousemen  to  store  and  warehouse  alcoholic  beverages). 

Sect.  21  revised.  1934,  385  §  13;  first  paragraph  amended,  1935, 
440  §  21;  first  six  paragraphs  revised,  1936,  411  §  1;  1939,  367  §  1; 
first  paragraph  (as  appearing  in  1939,  367  §  1)  amended,  1943,  542  §  11; 
third  paragraph  (as  so  appearing)  stricken  out  and  two  new  paragraphs 
inserted,  1941,  637  §  2;  sixth  paragraph  (as  so  appearing)  revised,  1943, 
36;  next  to  the  last  paragraph  (as  appearing  in  1934,  385  §  13) 
amended,  1936,  368  §  8;  last  paragraph  (as  so  appearing)  revised,  1939, 
451  §  55;  paragraph  added  at  end,  1939,  394.  [Temporary  additional 
(>xci.so,  1939,  434;  1941,  339;  1943,  423;  1945,  546. j  (See  1936,  411 
§  2;   1939,  367  §  2;   1941,  637  §  3.) 

Sect.  22  revised,  1934,  385  §  14;  1935,  440  §  22;  fourth  and  fifth 
paragraphs  stricken  out  and  new  paragraph  inserted,  1937,  418. 

Sect.  22A  added,  1934,  385  §  15  (providing  for  the  granting  by  the 
alcoholic  beverages  control  commission  in  certain  cases  of  permits  to 
sell  alcoholic  beverages). 

Sect.  23,  sentence  added  at  end  of  fourth  paragraph,  1934,  370  §  6; 
last  paragraph  amended,  1934,  245;  section  revised,  1934,  385  §  16; 
fifth  paragraph  amended,  1935,  253  §  5;  last  four  paragraphs  stricken 
out,  and  five  new  paragraphs  inserted,  1935,  440  §  23;  second  of  the 
paragraphs  so  inserted  revised,  1941,  578;  fourth  paragraph  revised, 
1938,  238;  sentence  added  at  end  of  next  to  last  paragraph,  1939, 
470  §  2;   section  revised,  1943,  542  §  12. 

Sect.  23A  added,  1945,  215  (authorizing  the  Alcoholic  Beverages 
Control  Commission  to  take  action  to  eliminate  unfair  competition  and 
other  trade  abuses  in  the  sale  of  alcoholic  l)everages). 

Sect.  24,  first  sentence  amended,  1934,  232;  section  revised,  1943, 
542  §  13. 

Sect.  26,  first  paragraph  amended,  1935,  440  §  24. 

Sect.  27  revised,  1934,  301  §  1;  amended,  1934,  385  §  23;  revised, 
1935,  442;  amended,  1936,  436  §  3;  revised,  1936,  438;  1941,  729  §  13. 
(See  1936,  436  §  4;  1941,  729  §  15.) 

Sect.  28  amended,  1934,  112. 

Sect.  29  revised,  1935,  440  §  25. 

Sect.  .30  amended,   1935,  83   §  1;   1943,   542   §   14.     (See   1935,  83 

Sect.  30A  revised,  1934,  370  §  7;  1935,  440  §  26. 
Sect.  30B  amended,  1935,  440  §  27;  paragraph  added  at  end,  1936, 
368  §  9. 

Sect.  30D  amended,  1935,  440  §  28. 

Sect.  30E,  first  paragraph  amended,  1935,  440  §  29. 

Sect.  30F  revised,  1935,  440  §  30. 

Sect.  30G  amended,  1935,  440  §  31. 


1142  Changes  in  the  [Chaps.  i:io,  ho. 

Sect.  30H  added,  1935,  440  §  32  (possession  or  transportation  of 
alcoholic  beverages  or  alcohol  under  certain  circumstances  deemed  prima 
facie  evidence  of  violation  of  law). 

Sect.  31  amended,  1935,  440  §  33;  revised,  1936,  368  §  10. 

Sect.  32  amended,  1934,  370  §  8. 

Sect.  33  revised,  1934,  370  §  9;  amended,  1935,  468  §  2;  last  sentence 
revised,  1936,  225  §  2;  section  amended,  1937,  268;   1941,  356. 

Sect.  34  amended,  1935,  440  §  34;  revised,  1936,  171;  1937,  424  §  5: 
amended,  1943,  542  §  15. 

Sect.  34A  added,  1935,  146  (relative  to  procuring  by  false  repre- 
sentation sales  or  delivery  of  alcoholic  beverages  to  minors);  revised, 
1935,  440  §  35. 

Sect.  36  amended,  1934,  385  §  17. 

Sect.  37  revised,  1934,  385  §  18. 

Sect.  38  amended,  1941,  199. 

Sects.  42-55  affected,  1935,  440  §  36. 

Sect.  42,  paragraph  added  at  end,  1935.  440  §  36. 

Sect.  46  amended,  1934,  370  §  10;   1935,  440  §  37. 

Sect.  56  revised,  1935,  440  §  38;   1936,  368  §  11. 

Sect.  57  revised,  1936,  368  §  12. 

Sect.  62  amended,  1935,  440  §  39. 

Sect.  63,  first  sentence  revised,  1934,  385  §  19;  section  revised,  1935, 
440  §  40;   1936,  368  §  13. 

Sect.  63A  revised,  1935,  440  §  41;   1943,  542  §  16. 

Sect.  64  revised,  1934,  385  §  20. 

Sect.  65  revised,  1943,  542  §  17. 

Sect.  67  amended,  1934,  385  §  21;  revised,  1935,  440  §  42;  amended, 
1938,  400;  first  paragraph  amended,  1943,  542  §  18. 

Sect.  70  revised,  1934,  301  §  2;   1945,  598. 

Sects.  72-75  repealed,  1934,  372  §  1. 

Sect.  76  revised,  1934,  372  §  2;  next  to  last  sentence  revised,  1934, 
385  §  22;  section  revised,  1935,  440  §  43. 

Sect.  77  revised,  1943,  542  §  19. 


Chapter  139.  —  Common  Nuisances. 

Sect.  2,  sentence  added  at  end,  1945,  697  §  5. 

Sect.  14,  caption  amended,  1934,  328  §  9;  section  amended,  1934, 
328  §  10. 

Sect.  16  amended,  1934,  328  §  11. 
Sect.  16A  amended,  1934,  328  §  12. 
Sect.  17  repealed,  1934,  328  §  13. 
Sect.  19  amended,  1934,  328  §  14. 
Sect.  20  amended,  1934,  328  §  15. 

Chapter  140.  —  Licenses. 

Sect.  4  amended,  1934,  171  §  1. 

Sect.  6  amended,  1937,  424  §  6;  revised,  1941,  439  §  1. 

Sect.  6A  added,  1937,  424  §  7  (providing  for  the  granting  of  com- 
mon victuallers'  licenses  and  licenses  to  sell  alcoholic  beverages  upon 
condition  that  licensed  premises  are  equipped  and  furnished  according 
to  plans  and  estimates  approved  in  advance) ;   repealed,  1941,  439  §  2. 


Chap.  140.]  GENERAL   LaWS.  1143 

Sect.  8  amended,  1936,  368  §  14;  revised,  1943,  328. 

Sect.  9A  added,  1939,  431  (relative  to  the  keeping  of  the  premises  of 
common  victuallers  open  for  business). 

Sect.  10  amended,  1935,  167. 

Sect.  12  revised,  1932,  86:   1933,  92;   1943,  31. 

Sects.  21E  and  21F  added,  under  caption  "organizations  dis- 
pensing   FOOD    OR    BEVERAGES    TO    MEMBERS    AND    GUESTS ",    1933,    284 

(providing  for  the  regulation  of  such  organizations). 

Sect.  21E,  last  sentence  revised,  1934,  328  §  16;  affected,  1934,  328 
§17. 

Sects.  32A-32E  added,  1939,  416  (requiring  the  licensing  of  recrea- 
tional camps,  overnight  camps  or  cabins  and  trailer  camps). 

Sect.  32B  amended,  1941,  396;   revised,  1945,  153. 

Sect.  48  repealed,  1937,  342  §  2. 

Sect.  51  amended,  1932,  275;  1935,  428  §  3;  1936,  55  §  1;  revised, 
1941,  626  §  12.    (See  1935,  428  §§  6,  7;   1936,  55  §  2.) 

Sect.  52  amended,  1935,  428  §  4.     (See  1935,  428  §  7.) 

Sect.  55  amended,  1938,  59. 

Sect.  59  amended,  1934,  254  §  1;   1938,  96.    (See  1934,  254  §  2.) 

Sect.  71  revised,  1943,  154. 

Sect.  90,  three  sentences  added  at  end,  1934,  179  §  1. 

Sect.  96,  sentence  added  at  end,  1934,  179  §  2;  section  amended, 
1941,  158  §  1.     (See  1941,  158  §§  2,  3.) 

Sect.  121  amended,  1934,  359  §  1. 

Sect.  129A  repealed,  1945,  254. 

Sect.  130,  sentence  added  at  end,  1945,  132. 

Sect.  131  revised,  1936,  302. 

Sect.  13 IC  added,  1934,  246  (prohibiting  persons  licensed  to  carry 
pistols  and  revolvers  from  carrying  the  same  in  vehicles  unless  said 
weapons  are  under  their  control  therein). 

Sect.  133  amended,  1939,  451  §  56. 

Sect.  136A,  under  caption  "dogs",  added,  1934,  320  §  1  (definitions 
of  certain  words  and  phrases  in  sections  137-175);  amended,  1943, 
111  §  1.     (See  1934,  320  §  34.) 

Sect.  137  amended,  1932,  289  §  1;  revised  (and  caption  stricken 
out)  1934,  320  ^  2;  revised,  1943,  111  §  2;  1945,  140.  (See  1934,  320 
§  34.) 

Sects.  137A-137C  added,  1934,  320  §  3  (relative  to  kennel  licenses 
and  regulating  holders  of  such  licenses).    (See  1934,  320  §  34.) 

Sect.  137A,  paragraph  added  at  end,  1937,  95;  first  paragraph  stricken 
out  and  three  para2;raphs  inserted,  1943,  111  §  3. 

Sect.  137C  revised,  1939,  206. 

Sect.  138  revised,  1934,  320  §  4;  1938,  92;  1943,  111  §  4.  (See  1934, 
320  §  34.) 

Sect.  139  amended,  1934,  320  §  5;  sentence  added  at  end,  1939,  23; 
sentence  added  at  end,  1941.  132.     (See  1934,  320  §  34.) 

Sect.  140  repealed,  1934,  320  §  6.     (See  1934,  320  §  34.) 

Sect.  141  revised,  1934,  320  §  7.     (See  1934,  320  §  34.) 

Sects.  142-144  repealed,  1934,  320  §  8.     (See  1934,  320  §  34.) 

Sect.  145  amended,  1932,  289  §  2. 

Sect.  145A  added,  1932,  289  §  3  (relative  to  the  furnishing  of  anti- 
rabic  vaccine);  revised,  1934,  320  §  9;  1937,  375;  last  sentence  revised, 
1939,  42.     (See  1934,  320  §  34.) 


1144  Changes  in  the  IChai>.  i4i. 

Sect.  146  revised,  1934,  320  §  10;  1941,  133  §  1.    (See  1934,  320  §  34.) 
Sect.  147  revised,  1932,  289  §  4;  1934,  320  §  11:  amended,  1941,  133 
§  2.     (See  1934,  320  §  34.) 

Sect.  148  repealed,  1932,  289  §  6.  (See  G.  L.  chapter  41  §  13 A,  in- 
serted bj^  1932,  289  §  5.) 

Sect.  150  revised,  1934,  320  §  12.     (See  1934,  320  §  34.) 
Sect.  151  revised,  1934,  320  §  13.     (See  1934,  320  §  34.) 
Sect.  151A  added,  1934,  320  §  14  (powers  and  duties  of  dog  officers 
under  annual  warrants  from  mavors  or  selectmen).     (See  1934,  320 
§  34.) 
Sect.  152  revised,  1934,  320  §  15.     (See  1934,  320  §  34.) 
Sect.  153  revised,  1934,  320  §  16.     (See  1934,  320  §  34.) 
Sect.  154  repealed,  1934,  320  §  17.     (See  1934,  320  §  34.) 
Sect.  155  revised,  1934,  320  §  18.     (See  1934,  320  §  34.) 
Sect.  156  revised,  1934,  320  §  19.     (See  1934,  320  §  34.) 
Sect.  157  revised,  1934,  320  §  20.     (See  1934,  320  §  34.) 
Sect.  158  revised,  1934,  320  §  21.     (See  1934,  320  §  34.) 
Sect.  159  revised,  1934,  320  §  22.     (See  1934,  320  §  34.) 
Sect.  160  revised,  1934,  320  §  23.     (See  1934,  320  §  34.) 
Sect.  161,   first   two   sentences  amended,    1932,   289    §   7;    section 
amended,  1934,  320  §  24.     (See  1934,  320  §  34.) 

Sect.  161A  added,  1934,  320  §  25  (reimbursement  for  damages  b}'^ 
dogs  regulated).     (See  1934,  320  §  34.) 

Sect.  162  revised,  1934,  320  §  26.     (See  1934,  320  §  34.) 
Sect.  163  amended,  1934,  320  §  27.     (See  1934,  320  §  34.) 
Sect.  164  amended,  1934,  320  §  28.     (See  1934,  320  §  34.) 
Sect.  165  revised,  1934,  320  §  29.     (See  1934,  320  §  34.) 
Sect.  166  amended,  1934,  320  §  30.     (See  1934,  320  §  34.) 
Sect.  170  amended,  1934,  320  §  31.     (See  1934,  320  §  34.) 
Sect.  171  revised,  1934,  320  §  32.     (See  1934,  320  §  34.) 
Sect.  172  revised,  1932,  289  §  8. 

Sect.  175  revised,  1932,  289  §  9;  1934,  320  §  33;  1943,  93;  repealed. 
1945,  276  §  2.    (See  1934,  320  §  34.) 

Sects.  180A-180D  added,  under  caption  "theatrical  booking 
agents,  personal  agents  and  managers",  1935,  378  (providing  for 
the  licensing  and  bonding  of  certain  theatrical  booking  agents,  per- 
sonal agents  and  managers). 

Sect.  181.     Affected  bv  1935,  454  §  8. 

Sect.  183A  amended,  1935,  102  §  1;  1936,  71  §  1.    (See  1935,  102  §  2.) 
Sect.  183B  repealed,  1936,  71  §  2. 
Sect.  184  amended,  1934,  328  §  18. 

Sect.  185A  amended,  1936,  279;  paragraph  added  at  end,  1941,  247. 
Sect.  185H  added,  1939,  253  (relative  to  the  licensing  and  supervision 
of  dancing  schools,  so  called). 

Sect.  186  amended,  1936,  169  §  1. 
Sect.  187  amended,  1936,  169  §  2. 
Sect.  202  revised,  1936,  169  §  3. 

Chapter  141.  —  Supervision  of  Electricians. 

Sect.  1,  first  paragraph  amended,  1943,  308. 
Sect.  3,  clause  (4)  amended,  1934,  347  §  1. 


Chaps.  142,  143.]  GENERAL   LaWS.  1145 


Chapter  142.  —  Supervision  of  Plumbing. 

Sect.  6  revised,  1934,  347  §  2. 

Sect.  11  amended,  1945,  703  Ml- 

Sect.  13  amended,  1934,  284. 

Sect.  17  revised,  1936,  234;  1941,  518  §  1;  paragraph  added  at  end, 
1945  477. 

Sect.  18  revised,  1941,  518  §  2. 

Sect.  19  revised,  1941,  518  §  3. 

Sect.  21  added,  1938,  302  (providing  for  regulation  of  j-lumbing  in 
buildings  owned  and  used  by  the  commonwealth). 

Sect.  22  added,  1941,  518  §  4  (providing  for  the  enforcement  of  cer- 
tain laws  relative  to  the  marking,  construclion  and  installation  of  hot 
water  tanks). 

Chapter  143.  —  Inspection  and  Regulation  of,  and  Licenses  for,  Buildings, 
Elevators  and  Cinematographs. 

Sect.  1,  definition  of  ''Alteration"  revised,  1945,  480;  definitions  of 
"Building"  and  "Commissioner"  inserted,  1945,  480;  definition  of 
"Inspector"  amended,  1943,  544  §  7B;  revised,  1945,  480;  definition 
of  "Place  of  assembly"  inserted  after  paragraph  in  lines  12-14,  1943, 
546  ^  1;  revised,  1945,  480;  definition  of  "Public  building"  revised, 
1945,  480;  definition  of  "Special  hall"  revised,  1941,  694;  definition 
of  "Structure"  inserted,  1945,  480.     (See  1945,  722  •  2.) 

Sect.  3  revised,  1943,  544  ^;  2;   1945,  674  ^  1.    (See  1945,  722  ■"  2.) 

Sects.  3A-3H  added,  1943,  544  §  2  (providing  for  rules  and  regula- 
tions for  protecting  life  and  limb  in  places  of  assembly  and  for  the  en- 
forcement of  laws,  rules  and  regulations,  ordinances  and  by-laws  for 
protecting  the  same  therein).     (See  1943,  544  ^^"  7A  and  8.) 

Sect.  3A  revised,  1945,  482  §  1.     (See  1945,  722  ^o  2.) 

Sect.  3B  revised,  1945,  645,  ^^  2. 

Sect.  3C  repealed,  1945,  645  ;  3. 

Sect.  3D  revised,  1945,  482  -^  2.     (See  1945,  722  5  2.) 

Sects.  3E  and  3F  repealed,  1945,  645  .^  3. 

Sect.  3G  revised,  1945,  482  §  3.     (See  1945,  722  $  2.) 

Sect.  3H  revised,  1945,  645  $  4. 

Sect.  8  amended,  1945,  697  §  1. 

Sect.  9  revised,  1945,  697  ^^  2. 

Sect.  9A  added,  1945,  697  §  2A  (relative  to  recovery  for  damage  to 
other  property  caused  by  the  making  safe  or  taking  down  of  :i  danger- 
ous structure).     (See  1945,  697  (-  2B.) 

Sect.  10  revised,  1945,  697  <-  3. 

Sect.  12  amended,  1945,  697  §  4. 

Sects.  15  and  16  amended,  1943,  544  .^  3.     (See  1943,  544  ^i  7A.) 

Sect.  16  revised,  1945,  473. 

Sect.  20  amended,  1945,  700  i  1. 

Sect.  21  amended,  1943,  544  §  3;  revised,  1943,  546  ^  2;  1945,  536. 
(See  1943,  544  «;  7A,  546  <J  5;   1945,  722  ^  2.) 

Sects.  21A  and  21B  added,  1943,  546  §  3  (further  regulating  the 
means  of  ingress  to  and  egress  from  places  of  assemblv  and  certain 
other  places).     (See  1943,  546  §§  5  and  6.) 


1146  Changes  in  the  [Chai-s.  145,  146. 

Sect.  21A  amended,  1945,  474  ^  1. 

Sect.  21B  amended,  1945,  482  ^  4;  revised,  1945,  722  §  1. 

Sects.  24-33  amended,  1943,  544  ;^  3.     (See  1943,  544  §  7A.) 

Sect.  28  revised,  1945,  474  v^  2. 

Sect.  33  revised,  1945,  533  ;^  1.     (See  1945,  722  §  2.) 

Sect.  34  revised,  1943,  544  sN  4.     (See  1943,  544  ^>  7A.) 

Sect.  43  amended,  1943,  544     3.     (See  1943,  544  ^  7A.) 

Sects.  45  and  46  amended,  1943,  544  v  3.     (See  1943,  544  i^  7A.) 

Sect.  47,  last  sentence  stricken  out,  1945,  700  ^  2. 

Sect.  48  amended,  1945,  700  o  3. 

Sect.  49  amended,  1943,  544  s^  3;    revised,  1945,  526.     (See  1943, 

544  §  7A.) 

Sect.  50,  sentence  added  at  end,  1945,  472.     (See  1945,  722  ij  2.) 

Sects.  51  and  52  amended,  1943,  544  i,N  3.     (See  1943,  544  ^  7A.) 

Sect.  51  revised,  1945,  510. 

Sect.  52  revised,  1945,  478. 

Sect.  54  revised,  1943,  544  §  5.     (See  1943,  544  i^  7A.) 

Sect.  57  revised,  1945,  533  §  2.     (See  1945,  722  ^  2.) 

Sect.  59  revised,  1943,  544  §  6;   1945,  533  i,^  3.    (See  1943,  :   4  i^  7A; 

1945,  722  ^  2.) 
Sect.  60  amended,  1945,  533  ^  4.     (See  1945,  722  ^  2.) 
Sect.  61  revised,  1945,  674  ."^  2.     (See  1945,  722  $  2.) 
Sect.  69  revised,  1945,  643  i^  2. 
Sects.  71A-71C  added,  1945,  626  §  1  (providing  for  the  licensing  of 

persons  engaged  in  the  construction  and  maintenance  of  elevators  and 

escalators).     (See  1945,  626  §  2.) 

Sect.  74  revised,  1941,  553  §  1.     (See  1941,  553  §  9.) 
Sect.  75  revised,  1941,  553  §  2.     (See  1941,  553  §  9.) 
Sect.  76  revised,  1941,  553  §  3.     (See  1941,  553  §  9.) 
Sects.  77  and  78  repealed,  1941,  553  §  4.     (See  1941,  553  §  9.) 
Sect.  79  revised,  1941,  553  §  5.     (See  1941,  553  §  9.) 
Sect.  80  repealed,  1941,  553  §  4.     (See  1941,  553  §  9.) 
Sect.  82  amended,  1941,  553  §  6.     (See  1941,  553  §  9.) 
Sect.  85  amended,  1941,  553  §  7.     (See  1941,  553  §  9.) 
Sect.  86  amended,  1941,  553  §  8.     (See  1941,  553  §  9.) 


Chapter  145.  —  Tenement  Houses  in  Towns. 

Sect.  17A  added,  1934,  168  (relative  to  the  erection  of  garages  in  the 
yards  of  certain  tenement  houses). 


Chapter  146.  —  Inspection  of  Boilers,  Air  Tanks,  etc.,  Licenses  of  Engineers, 
Firemen,  and  Operators  of  Hoisting  Machinery. 

Sect.  2  amended,  1941,  459. 

Sect.  16  revised,  1932,  180  §  28. 

Sect.  34  revised,  1938,  319  §  1. 

Sect.  35  amended,  1938,  319  §  2. 

Sect.  50  amended,  1935,  67. 

Sect.  67  revised,  1941,  525  §  1.     (See  1941,  525  §  2.) 


Chaps.  147,  148.]  GENERAL  Laws.  1147 


Chapter  147.  —  State  and  Other  Police,  and  Certain  Powers  and  Duties  of 
the  Department  of  Public  Safety. 

Sect.  4B  added,  1939,  116  (providing  that  local  police  authorities 
and  district  attorneys  be  furnished  with  information  relative  to  certain 
persons  charged  with  or  convicted  of  sex  crimes,  so  called,  upon  their 
release  or  discharge  from  certain  institutions). 

Sect.  8A  added,  1938,  296  (authorizing  the  carrying  of  certain 
weapons  by  sheriffs,  deput}'  sheriffs  and  special  sheriffs,  and  certain 
officers  in  the  department  of  correction);   revised,  1939,  174. 

Sect.  10  amended,  1934,  23. 

Sects.  13B  and  13C  added,  1939,  419  §  2  (providing  for  the  ultimate 
abolition  of  reserve  police  forces  in  certain  cities  and  towns). 

Sect.  16A  added,  1937,  85  §  1  (providing  for  one  day  off  in  every 
seven  days  for  police  officers  in  certain  cities  and  towns) ;  revised,  1938, 
426  §  1. 

Sect.  16B  added,  1938,  426  §  2  (providing  for  one  day  off  in  every 
six  days  for  pohce  officers  of  certain  cities  and  towns). 

Sect.  17  amended,  1937,  85  §  2;  1938,  426  §  3. 

Sect.  19,  sentence  added  after  the  first  sentence,  1939,  256  §  2.  (See 
1939,  256  §  3.) 

Sects.  25A-25C  added,  1937,  437  §  1  (relative  to  promoting  peaceful 
industrial  relations  by  regulating  certain  forms  of  private  police  and 
detective  activity  in  labor  disputes  and  related  matters). 

Sect.  26  amended,  1937,  437  §  2. 

Sect.  30  revised,  1937,  437  §  3. 

Sect.  32  revised,  1935,  262  §  1. 

Sect.  33  amended,  1935,  262  §  2. 

Sect.  35  revised,  1934,  69. 

Sect.  36  revised,  1932,  79. 


Chapter  148.  —  Fire  Prevention. 

Sect.  1,  definition  of  "Head  of  the  fire  department"'  revised,  1945, 
470;  definition  of  "local  licensing  authority"  amended,  1932,  102; 
tliree  paragraphs  added  at  end,  defining  "Board,"  "Building"  and 
"Structure,"  1945,.  470. 

Sect.  3  amended,  1945,  700  §  4. 

Sect.  4  amended,  1945,  710  §  2. 

Sect.  5,  sentence  in  lines  16-17  amended,  1945,  463. 

Sect.  9  amended,  1945,  710  §  3. 

Sect.  10  revised,  1945,  710  §  4. 

Sect.  lOA  added,  1932,  75  (relative  to  the  granting  of  certain  permits 
and  the  making  of  certain  inspections  by  municipal  officers  designated 
by  the  state  fire  marshal) ;  revivSed,  1945,  479. 

Sect.  13,  first  paragraph  amended,  1932,  22  §  1;  section  amended, 
1935,  123  §  1;  re\ased,  1936,  394  §  1;  first  paragraph  amended,  1945, 
415  §  1;  revised,  1945,  710  §  5;  second  paragraph  amended,  1945,  710 
§  6;  third  paragraph  amended,  1939,  333;  1945,  710  §  7;  fourth  para- 
graph amended,  1945,  710  §  8;  last  paragraph  amended,  1.938,  99. 
(See  1932,  22  §  2;   1936,  394  §§  2,  3;   1945,  415  §  2;  710  §  19.) 

Sect.  14  amended,  1938,  103. 


1148  Changes  in  the  [Chai>.  149. 

Sect.  16  amended,  1941,  288. 

Sect.  18  repealed,  1934,  182  §  2. 

Sect.  21  amended,  1945,  710  §  9. 

Sect.  22  amended,  1945,  710  §  10. 

Sect.  23  amended,  1935,  123  §  2. 

Sect.  25  amended,  1945,  710  §  11. 

Sect.  20  amended,  1945,  481. 

Sect.  27A  added,  1932,  283  (relative  to  the  protection  of  life  and 
property  from  fire  hazards  incident  to  the  present  industrial  emer- 
gency). 

Sect.  28,  paragraph  L  amended,  1943,  546  §  4;  section  amended, 
1945,  710  §  12.    (See  1943,  546  §  5.) 

Sect.  29  amended,  1939,  205. 

Sect.  30  amended,  1945,  710  §  13. 

Sect.  31  amended,  1945,  460. 

Sect.  38  amended,  1945,  710  §  14. 

Sect.  38A  added,  1938,  95  (prohibiting  the  removal  of  certain  gaso- 
line tanks  without  a  permit). 

Sect.  39  revised,  1943,  291  §  1. 

Sect.  39A  added,  1943,  291  §  2  (authorizing  the  making  of  rules  and 
regulations  for  the  granting  of  permits  for  supervised  displays  of  fire- 
works); amended,  1945,  256;  710  §  15. 

Sect.  40  amended,  1945,  710  §  16. 

Sect.  46  amended,  1945,  710  §  17. 

Sect.  49A  added,  1934,  182  §  1  (relative  to  the  inspection  of  kerosene 
or  any  product  thereof  kept  for  sale  for  illuminating,  heating  or  cook- 
ing purposes). 

Sect.  50  amended,  1943,  291  §  3. 

Sect.  53  repealed,  1943,  291  §  4. 


Chapter  149.  —  Labor  and  Industries. 

For  temporary  legislation  authorizing  the  commissioner  of  labor  and 
industries  to  suspend  certain  laws,  rules  and  regulations  relative  to  the 
employment  of  women  and  minors  when  necessary  to  provide  relief 
from  conditions  resulting  from  the  present  shortage  of  man  power,  see 
1943,  382. 

For  legislation  relative  to  interstate  compacts  affecting  labor  and  in- 
dustrv,  see  1933,  Res.  44;  1934,  383,  Res.  25;  1935,  315  §§  1-3;  1936, 
Res.  68;  1937,404;  1943,  255. 

Sect.  1,  paragraph  defining  "co-operative  courses"  amended,  1939, 
461  §  4;  paragraph  defining  "discrimination"  inserted,  1937,  367  §  1; 
paragraphs  defining  "employee"  and  "employer"  inserted,  1945,  584 
§  1;  definition  of  "employment"  amended,  1945,  584  §  2;  revised, 
1945,  646;  paragraph  defining  "employment  permit",  "permit  for 
employment"  or  "employment  certificate"  inserted,  1939,  461  §  4A; 
revised,  1945,  133  §  3;  paragraph  defining  "mercantile  establishments" 
amended,  1936,  78. 

Sect.  6  amended,  1934,  132  §  1;   1937,  249.    (See  1934,  132  §  2.) 

Sect.  8  amended,  1943,  441. 

Sect.  11  amended,  1935,  328. 

Sect.  17  amended,  1945,  430. 


Chap.  149.]  GENERAL   LaWS.  1149 

Sect.  20A  added,  1933,  351  §  1  (relative  to  the  judicial  enforcement 
of  certain  contracts  relative  to  membership  in  labor  or  employers'  or- 
ganizations).    (See  1933,  351  §  2.) 

Sects.  20B  and  20C  added,  1935,  407  §  1  (regulating  the  liability  of 
labor  unions  and  others  involved  in  labor  disputes,  and  defining  labor 
disputes  and  other  terms  used  in  connection  therewith).  (See  1935, 
407  §  6.) 

Sect.  20C.  See  1937,  436  §  10;  G.  L.  150A  §  6  (h)  inserted  by  1938, 
345  §  2. 

Sect.  23  amended,  1935,  114. 

Sect.  23A  added,  1934,  233  (regulating  the  employment  of  armed 
guards  in  connection  with  strikes,  lockouts  and  other  labor  troubles). 

Sect.  24  amended,  1933,  272. 

Sects.  24A-24J  added,  under  the  caption  "discrimination  against 
certain  persons  in  employment  on  account  of  age",  1937,  367 
§2. 

Sects.  26  and  27  stricken  out,  and  new  sections  26-27D  added,  1935, 
461  (relative  to  preference  and  minimum  wages  of  veterans  and  others 
in  certain  employments  on  certain  public  works). 

Sect.  26,  paragraph  added  at  end,  1937,  346;  same  paragraph  re- 
vised, 1938,  413. 

Sect.  27E  added,  1938,  67  (establishing  residential  requirements  to 
be  observed  in  the  employment  of  certain  persons  by  the  department 
of  public  works). 

Sect.  29  amended,  1935,  217  §  2;   revised,  1935,  472  §  2;    1938,  361. 

Sect.  30  revised,  1936,  367  §  1. 

Sect.  32  revised,  1945,  680. 

Sect.  34  amended,  1936,  367  §  2. 

Sect.  34A  added,  1938,  438  (requiring  contractors  on  public  buildings 
and  other  public  works  to  provide  and  continue  in  force,  during  the  full 
term  of  the  contract,  insurance  under  the  Workmen's  Compensation 
Law,  so  called). 

Sect.  34B  added,  1939,  252  (regulating  the  rate  of  compensation 
paid  to  reserve  police  officers  by  contractors  on  certain  public 
works). 

Sect.  36  amended,  1942,  1  §  7.     (See  1942,  1  §  9.) 

Sect.  39  revised,  1935,  444  §  1.    (See  1935,  444  §  2.) 

Sect.  40  revised,  1945,  426  ^>  1.    (See  1945,  426  §  2.) 

Sects.  44A-44D  added,  1939,  480  (requiring  fair  competition  for 
bidders  on  the  construction,  reconstruction,  alteration,  remodelling  or 
repair  of  certain  public  works  by  the  commonwealth  or  any  political 
subdivision  thereof). 

Sect.  44A  revised,  1941,  699  §  1. 

Sect.  44C,  subsection  (B)  revised,  1941,  699  §  2;  subsection  (D) 
amended,  1941,  699  §  3;  first  paragraph  of  subsection  (E)  revised,  1941, 
699  §  4;  sentence  added  at  end  of  subsection  (E),  1941,  699  §  5;  last 
paragraph  of  "Draft  of  Proposal  Form"  amended,  1941,  699  §  6;  para- 
graph contahied  in  lines  14-18  of  the  "Proposal  Form  (Sub-Bidder)" 
amended,  1941,  699  §  7. 

Sect.  48  revised,  1935,  185,  423  §  3;  amended,  1938,  320;  revised, 
1939,  235  §  1. 

Sect.  49  amended,  1937,  221 ;  revised,  1938,  295. 


1150  Changes  in  the  [Ch.u'.  149. 

Sect.  50  revised,  1933,  225;  amended,  1935,  423  §  1. 

Sect.  50A  added,  1935,  423  §  2  (making  one  day's  rest  in  seven  law 
applicable  to  watchmen  and  employees  maintaining  fires  in  certain 
establishments). 

Sect.  51  revised,  1939,  235  §  2. 

Sect.  55  revised,  1945,  87. 

Sect.  56  amended,  1932,  110  §  1;  revised,  1935,  200;  first  sentence 
stricken  out  and  two  sentences  inserted,  1939,  377;  section  amended, 
1941,  574,  610  §  1.    (See  1941,  610  §§  2,  3.) 

Sect.  57  amended,  1932,  110  §  2. 

Sect.  59  amended,  1933,  193  §  1;  1936,  170  §  1.  (For  temporary 
act,  authorizing  the  commissioner  of  labor  and  industries  to  suspend 
certain  provisions  relative  to  the  hours  of  employment  of  women  in 
the  textile  and  leather  industries,  see  1933,  347;  time  for  suspension 
as  to  the  textile  industry  extended,  1935,  429;  1936,  154;  1937,  153; 
1938,  68;   1939,  96;   1941,  154;   1943,  306;   1945,  14.) 

Sect.  60  revised,  1935,  203;  paragraph  added  at  end,  1939,  193  §  1; 
section  revised,  1939,  273,  461  §  5.     (See  1939,  461  §  13.) 

Sect.  62,  clause  (13)  amended,  1934,  328  §  19;  section  amended, 
1945,  337. 

Sect.  65  amended,  1939,  352;  revised,  1939,  461  §  6. 

Sect.  66  amended,  1933,  193  §  2;   1936,  170  §  2;   1939,  255. 

Sect.  67  revised.  1939,  348. 

Sects.  69-73.     See  1934,  114. 

Sect.  69  amended,  1939,  461  §  7. 

Sect.  70,  sentence  added  at  end,  1939,  94;  section  revised,  1945,  133 
§4. 

Sect.  71  amended,  1945,  133  §  5. 

Sect.  73  revised,  1939,  461  §  8. 

Sect.  78  amended,  1934,  292  §  1. 

Sect.  84  amended,  1932,  180  §  29. 

Sect.  86  revised,  1939,  461  §  9. 

Sect.  87  revised,  1939,  461  §  10. 

Sect.  88  amended,  1945,  133  §  6. 

Sect.  89  revised,  1945,  133  §  7. 

Sect.  90  revised,  1945,  133  §  8. 

Sect.  94  revised,  1939,  461  §  11. 

Sect.  95,  first  paragraph  amended,  1945,  133  §  9. 

Sect.  100  amended,  1939,  280. 

Sect.  101  revised,  1938,  335. 

Sect.  104  amended,  1932,  27;   1939,  193  §  2. 

Sects.  105A-105C  added,  1945,  584  §  3  (penalizing  discriminatory 
wage  rates  based  on  sex). 

Sect.  113  revised,  1934,  255. 

Sect.  117  revised,  1935,  208. 

Sect.  126  revised,  1945,  528. 

Sect.  135  amended,  1933,  64. 

Sects.  142A-142F  added,  under  caption  "benzol  and  mixtures 
CONTAINING  BENZOL ",  1933,  304  (regulating  the  sale,  distribution, 
storage  and  use  of  benzol  and  its  compounds). 

Sect.  142A  amended,  1935,  463  §  1. 

Sect.  142B  revised,  1935,  463  §  2. 


CuAi's.  150,  150A.]  General  Laws.  1151 

Sects.  143-147A,  and  the  heading  above  section  143,  stricken  out, 
and  new  sections  143-147H  inserted,  under  the  heading  "industrial 
homework",  1937,  429. 

Sect.  143  revised,  1945,  tiOU  §  1. 

Sect.  144  amended,  1945,  600  §  2. 

Sect.  147  amended,  1941,  539;  first  paragraph  amended,  1945,  600 
§3. 

Sect.  147A  added,  1932,  234  (requiring  the  furnishing  of  certain 
information  to  the  department  of  labor  and  industries  with  respect  to 
the  performance  of  certain  industrial  work  in  tenements  and  dwelling 
houses);  section  stricken  out  and  new  section  inserted,  1937,  429; 
amended,  1939,  461  §  12. 

Sect.  147B  amended,  1945,  600  §  4. 

Sect.  147C  amended,  1945,  600  §  5. 

Sect.  147D  amended,  1945,  600  §  6. 

Sect.  147G  amended,  1945,  600  §  7. 

Sect.  148,  last  sentence  amended,  1932,  101  §  1;  section  revised, 
1935,  350;  1936,  160;  paragraph  inserted  after  first  paragraph,  1943, 
467;  paragraph  inserted  after  third  paragraph,  1943,  378;  same  para- 
graph amended,  1943,  563. 

Sect.  150,  sentence  added  at  end,  1932,  101  §  2. 

Sect.  150A  added,  1938,  403  (requiring  employers  to  furnish  certain 
information  to  employees  relative  to  deductions  from  wages  for  social 
security  and  unemployment  compensation  benefits). 

Sect.  150B  added,  1943,  385  (prohibiting  labor  unions  from  requir- 
ing payment  of  certain  fees  as  a  condition  of  securing  or  continuing 
employment) . 

Sect.  156  amended,  1935,  363  §  1;  1941,  164.     (See  1935,  363  §  2.) 

Sect.  157A  added,  1933,  268  (insuring  to  piece  or  job  workers  in 
factories  and  workshops  information  relative  to  their  compensation). 

Sect.  159A  added,  1937,  342  §  1  (to  prevent  the  misleading  of  patrons 
of  certain  places  as  to  the  beneficiaries  of  tips  given  to  hat-check  and 
cigarette  girls  and  the  like). 

Sect.  170  amended,  1945,  580  §  8.     (See  1945,  580  §  9.) 

Sect.  178A  added,  1932,  175  (authorizing  the  payment  of  small 
amounts  of  wages  or  salary  of  intestate  employees  to  certain  next  of 
kin  without  administration). 

Sect.  179B  added,  1941,  642  (requiring  the  giving  of  notice  to  the 
Commissioner  of  Labor  and  Industries  of  the  commencement  or  a 
change  of  location  of  operations  by  industries  in  this  commonwealth). 


Chapter  150.  —  Conciliation  and  Arbitration  of  Industrial  Disputes. 

Sect.  3  amended,  1938,  364  §  1;  1939,  111. 
Sect.  5  revised,  1938,  364  §  2. 


Chapter  150A.  —  Labor  Relations. 

New  chapter  inserted,  1938,  345  §  2  (incorporating  the  provisions 
of  1937,  436,  relative  to  labor  relations  as  an  addition  to  the  General 
Laws).     (See  1938,345  §§3,4.) 


1152  rPIAN(;ES    IN    THE  |('iiai's.  If,!,  lolA. 

Sect.  5,  subsection  (6)  amended,  1939,  318. 
Sect.  6,  subsection  (h)  amended,  1941,  261. 
Sect.  10,  paragraph  (6)  revised,  1945,  354. 

Chapter    151.  —  Minimum    Fair    Wages   for   Women    and    Minors    (former 
title,  The  Minimum  Wage). 

The  following  references  are  to  chapter  151,  as  appearing  in  the  Ter- 
centenary Edition: 

Sect.  8  amended,  1933,  110. 

Sects.  IIA-IID  added,  1933,  220  §  1  (relative  to  the  more  effective 
enforcement  of  decrees  of  the  minimum  wage  commission).  (See  1933, 
220  §  2.) 

Chapter  stricken  out,  and  new  chapter  151  inserted,  1934,  308  §  1.     (See 
1934,  308  §§  2,  3;    1935,  267.     See  also  1933,  Res.  44;    1934,  383,  Res.  25). 
The  following  references  are  to  chapter  151,  as  inserted  by  1934,  308  §  1: 

Sect.  1  revised,  1936,  430  §  1.  (See  1936,  430  §§  18-22.) 
Sect.  2  revised,  1936,  430  §  2.  (See  1936,  430  §§  18-22.) 
Sect.  3  amended,  1936,  430  §  3.  (See  1936,  430  §§  18-22.) 
Sect.  4  revised,  1936,  430  §  4.  (See  1936,  430  §§  18-22.) 
Sect.  7  revised,  1936,  430  §  5.  (See  1936,  430  §§  18-22.) 
Sect.  10  revised,  1936,  430  §  6.  (See  1936,  430  §§  18-22.) 
Sect.  12  revised,  1936,  430  §  7.  (See  1936,  430  §§  18-22.) 
Sect.  13  amended,  1936,  175;  revised,  1936,  430  §  8.  (See  1936, 
430  §§  18-22.) 

Sect.  14  revised,  1936,  430  §  9.  (See  1936,  430  §§  18-22.) 
Sect.  15  revised,  1936,  430  §  10.  (See  1936,  430  §§  18-22.) 
Sect.  16  amended,  1936,  430  §  11.  (See  1936,  430  §§  18-22.) 
Sect.  17  amended,  1936,  430  §  12.  (See  1936,  430  §§  18-22.) 
Sect.  20  amended,  1936,  430  §  13.  (See  1936,  430  §§  18-22.) 
Sect.  21  revised,  1936,  430  §  14.  (See  1936,  430  §§  18-22.) 
Sect.  22  revised,  1936,  430  §  15.  (See  1936,  430  §§  18-22.) 
Sect.  23  amended,  1936,  430  §  16.  (See  1936,  430  §§  18-22.) 
Sect.  24  revised,  1936,  430  §  17.  (See  1936,  430  §§  18-22.) 

Chapter  stricken  out,  and  new  chapter  151  (with  new  title)  inserted, 
1937,  401  §  1.     (See  1937,  401  §§  2,  3.) 

The  following  references  are  to  chapter  151,  as  inserted  by  1937,  401  §  1: 

Sect.  19,  paragraph  added  at  end,  1938,  237. 

Sect.  20A  added,  1939,  275  (relative  to  evidence  of  the  establish- 
ment of  minimum  fair  wage  rates). 

Chapter  151A.  —  Employment  Security  (forsner  title.  Unemployment 

Compensation) . 

For  legislation  providing  for  the  payment  of  unemployment  compen- 
sation benefits  to  persons  upon  termination  of  service  in  the  military  or 
naval  forces  of  the  United  States  during  the  present  national  emergency, 
see  1941,  701;   1943,  319. 

New  chapter  inserted,  1935,  479  §  5.  (See  1935,  479  §§  6,  7;  1936, 
12  §  3,  249  §  16.) 

The  following  references  are  to  chapter  151A,  as  inserted  by  1935,  479  §  5: 

Sect.  1,  clauses  (1)  to  (9),  inchisive,  of  paragraph  (a)  revised,  1936, 
249  §  1;  paragraph  (6)  amended,  1936,  249  §  2;  paragraph  (k)  amended, 
1936,  249  §  3;  paragraph  (w)  amended,  1936,  249  §  4;  paragraph  (w) 
revised,  1936,  249  §  5. 


Chai'.  151A.]  General  Laws.  1153 

Sect.  3  revised,  1936,  249  §  6. 

Sect.  4  revised,  1936,  249  §  7. 

Sect.  7,  paragraph  added  at  end,  1936,  249  §  8. 

Sect.  7A  added,  1936,  249  §  9  (relative  to  refunding  of  over-pay- 
ments or  collection  of  under-payments  of  contributions). 

Sect.  10  amended,  1936,  249  §  10. 

Sect.  12  amended,  1936,  12  §  1. 

Sect.  17,  paragraph  (a)  amended,  1936,  249  §  11. 

Sect.  18,  paragraph  (a)  amended,  1936,  249  §  12. 

Sect.  19,  paragraph  defining  "suitable  employment"  amended,  1936, 
12  §2. 

Sect.  20  amended,  1936,  249  §  13. 

Sect.  24,  second  paragraph  stricken  out,  1936,  249  §  14. 

Sect.  48  amended,  1936,  249  §  15. 

Chapter  stricken  out,  and  new  chapter  151A  (with  same  title)  inserted, 

1937,  421  §  1.     (See  1937,  421  §§  2-4.) 

The  following  references  are  to  chapter  151A,  as  inserted  by  1937,  421  §  1: 

Sect.  1,  paragraphs  (1)  and  (2)  inserted  after  subsection  (a),  1939, 
490  §  1;  subsection  (6)  revised,  1939,  20  §  2;  subsection  (/)  clause  (5) 
amended,  1939,  319  §  1;  subsection  (/)  clause  (8)  added,  1939,  374  §  1 
(see  1939,  374  §  6);  subsection  (/)  revised,  1939,  490  §  2;  subsection  (fc) 
revised,  1938,  469  §  1;  amended,  1939,  490  §  3;  subsection  (I)  revised, 

1938,  469  §  2;  amended,  1939,  490  §  4;  subsection  (n)  amended,  1939, 
490  §  19.    (See  1938,  469  §  20;   1939,  20  §§  6-9;   1939,  319  §§  10,  11.) 

Sect.  1A,  subsections  (1)  and  (2)  revised,  1938,  469  §  3;  subsection 
(6)  added,  1938,  469  §  4.     (See  1938,  469  §  20.) 
Sect.  3  revised,  1^39,  319  §  2;   amended,  1939,  490  §  17;    revised, 

1939,  490  §  23.     (See  1939,  319  §§  10,  11.) 

Sect.  4,  first  paragraph  revised,  1938,  469  §  5;  fifth  paragraph 
stricken  out,  1938,  469  §  6;  paragraph  inserted  before  the  last  para- 
graph, 1938,  469  §  7;  last  paragraph  revised,  1938,  470  §  2;  section 
revised,  1939,  319  §  3.  (See  1938,  469  §  20,  470  §§  1  and  3;  1939,  319 
§§  10,  11.) 

Sect.  8,  last  paragraph  stricken  out,  1939,  319  §  4.  (See  1939,  319 
§§  10,  11.) 

Sect.  9  amended,  1939,  319  §  5.     (See  1939,  319  §§  10,  11.) 

Sect.  10  amended,  1939,  319  §  6.     (See  1939,  319  |§  10,  11.) 

Sect.  11,  subsection  (a)  revised,  1938,  469  §  8.    (See  1938,  469  §  20.) 

Sect.  12,  last  sentence  stricken  out,  1939,  319  §  7.  (See  19.39,  319 
§§  10,  11.) 

Sect.  14,  subsection  (a)  revised,  1938,  469  §  9;  1939,  490  §§  5,  6; 
subsection  (c)  revised,  1938,  469  §  10;  subsection  (d)  added,  1938, 
469  §  11.     (See  1938,  469  §  20.) 

Sect.  15,  subsection  (a)  revised,  1938,  469  §  12;  1939,  490  §  7.  (See 
1938,  469  §  20.) 

Sect.  16,  subsection  (c)  revised,  1939,  490  §  8;  first  paragraph  of 
subsection  (d)  revised,  1938,  469  §  13;  subsection  (e)  revised,  J 939, 
490  §  9;  subsection  (/)  added,  1938,  469  §  14;  subsections  (g),  Qi) 
added,  1939,  374  §  2.     (See  1938,  469  §  20;   1939,  374  §  6.) 

Sect.  17  revised,  1938,  469  §  15;  1939,  490  §  10.  (See  1938,  469 
§  20.) 

Sect.  18,  subsection  (a)  revised,  1938,  469  §  16;  amended  and  re- 
vised, 1939,  490  §  11;  subsection  (6)  stricken  out,  1939,  490  §  13;  sub- 


1154  Changes  in  the  [Chap.  151a. 

section  (c)  stricken  out,  1939,  490  §  13;   subsection  (d)  revised,  1938, 

469  §  17;    1939,  490  §  12;    stricken  out,  1939,  490  §  13.     (See  1938. 

469  §  20.) 

Sect.  19  revised,  1939,  490  §  14. 

Sect.  22A  revised,  1939,  319  §  8.     (See  1939,  319  §§  10,  11.) 

Sect.  26  amended,  1938,  469  §  18.     (See  1938,  469  §  20.) 

Sects.  26-33,  stricken  out  and  new  sections  26-31  inserted,   1939, 

20  §3. 

Sects.  26,  27,  28  (as  appearing  in  1939,  20  §  3)  revised,  1939,  490 

§  15. 

Sect.  30  (as  appearing  in  1939,  20  §  3)  amended,  1939,  490  §  16. 

Sect.  35  amended,  1939,  490  §  21. 

Sect.  36  amended,  1939,  490  §  18. 

Sect.  41,  second  sentence  revised,  1939,  20  §  4. 

Sect.  42  amended,  1939,  319  §  9.     (See  1939,  319  §§  10,  11.) 

Sect.  43  revised,  1939,  374  §  3.     (See  1939,  374  §  6.) 

Sect.  45  revised,  1939,  20  §  5. 

Sect.  47  revised,  1938,  163. 

Sect.  47A  added,  1939,  374  §  4  (authorizing  the  director  of  the  divi- 
sion of  unemployment  compensation  to  co-operate  with  certain  federal 
agencies  charged  with  the  administration  of  laws  relative  to  unemploy- 
ment).    (See  1939,  374  §  6.) 

Sect.  48,  paragraph  added  at  end,  1939,  374  §  5.    (See  1939,  374  §  6.) 

Sect.  52  added,  1938,  469  §  19  (powers  of  the  unemployment  com- 
pensation commission  when  employer  fails  or  refuses  to  make  any 
required  report  or  return).     (See  1938,  469  §  20.)   > 

Sect.  53  added,  1938,  469  §  19  (authorizing  the  payment  without 
administration  of  unemployment  compensation  benefits  due  a  deceased 
person  in  certain  cases);  revised,  1939,  490  §  20.  (See  1938,  469  §  20.) 
Note  —  See  sect.  53,  infra. 

Sect.  53  added,  1939,  490  §  22  (relative  to  the  preparation,  use  as 
evidence  and  disposition  of  certain  records,  reports,  claims  and  other 
papers).     Note  —  See  sect.  53,  supra. 

Sect.  54  added,  1938,  469  §  19  (relative  to  the  effect  to  be  given  any 
ruling  or  decision  of  the  unemployment  compensation  commission). 
(See  1938,  469  §  20.) 

Chapter  stricken  out,  and  new  chapter  151 A  (with  new  title)  inserted, 
1941,  685  §  1.     (See  1941,  685  §§  7-11;    1941,  686.) 

The  following  references  are  to  chapter  151  A,  as  so  inserted: 

Sect.  8,  subsections  (q)  and  {h)  added  at  end,  1943,  534  §  2. 

Sect.  11  revised,  1941,  685  §  2. 

Sect.  14,  subsection  (6)  (2)  revised,  1943,  534  §  1;  amended,  1945, 
484  §  2;  subsection  (c)  added,  1943,  534  §  lA;  designations  of  sub- 
sections (c)  and  (d)  changed  to  (d)  and  (e),  respectively,  1943,  534  §  IB; 
subsection  (c)  revised,  1945,  516. 

Sect.  15,  subsection  (c)  revised,  1943,  373. 

Sect.  22,  sentence  ndded  at  end,  1945,  625  §  2. 

Sect.  23,  subsection  (a)  revised,  1941,  685  §  3;  subsection  (e)  stricken 
out,  1943,  534  §  3. 

Sect.  25,  subsection  (d)  amended,  1945,  356. 

Sect.  27  amended,  1945,  625  §  3. 

Sect.  29,  subsection  (a)  revised,  1943,  534  §  5;  1945,  484  §  1. 


Chap.  152.]  GENERAL   LaWS.  1155 

Sect.  30  amended,  1945,  484  §  3. 
Sect.  33  repealed,  1943,  534  §  4. 
Sect.  42  revised,  1943,  534  §  6 


Chapter  152.  —  Workmen's  Compensation. 

For  legislation  requiring  manufacturers  to  insure  under  the  work- 
men's compensation  act  where  employees  work  on  machinery,  see 
1936,  426. 

Sect.  1,  two  sentences  added  at  end  of  paragraph  (1),  1935,  332  §  1; 
paragraph  (1)  revised,  1943,  529  §  1;  paragraph  (4)  revised,  1935,  406; 
1943,  529  §  3;  1945,  369;  paragraph  (5)  revised,  1943,  529  §  lA;  para- 
graph (6)  amended.  1943,  529  §  2;  paragraph  (7A)  added,  1941,  437. 
(See  1943,  529  §  14.) 

Sect.  4  revised,  1939,  83. 

Sect.  5,  paragraph  added  at  end,  1943,  359. 

Sect.  6  amended,  1945,  347. 

Sect.  9A  revised,  1938,  381. 

Sect.  9B  added,  1935,  424  (providing  for  the  reference  of  certain 
cases  under  the  workmen's  compensation  law  to  industrial  disease 
referees);  revised,  1938,  462. 

Sect.  11  amended,  1932,  129  §  1;  paragraph  added  at  end,  1935, 
484;  paragraph  added  at  end,  1939,  213  §  1.    (See  1939,  213  §  2.) 

Sect.  IIA  added,  1945,  444  (reheving  employees  and  their  dependents 
of  the  expenses  of  certain  appeals  in  workmen's  compensation  cases). 

Sect.  12,  last  paragraph  amended,  1932,  117  §  1.  (See  1932,  117 
§  2;   1935,  351.) 

Sect.  13,  sentence  added  at  end,  1933,  68. 

Sect.  15  revised,  1939,  401;   1943,  432. 

Sect.  ISA  amended,  1934,  252. 

Sect.  18,  sentence  added  at  end,  1938,  102;  section  amended,  1939, 
93. 

Sect.  19,  paragraph  in  lines  17  and  18  revised,  1935,  339;  same  para- 
graph revised,  1939,  245;  paragraph  added  at  end,  1941,  379  §  11. 

Sect.  19A  added,  1935,  359  (requiring  certain  notices  from  employers 
not  insured  under  the  workmen's  compensation  law). 

Sect.  19B  added,  1941,  410  (requiring  the  posting  of  notices  by  cer- 
tain employers  not  covering  their  employees  by  workmen's  compensa- 
tion insurance). 

Sect.  20  revised,  1935,  340;   amended,  1945,  464. 

Sect.  20A  added,  1945,  468  (requiring  employers  and  certain  in- 
surers who  maintain  clinics,  etc.,  for  the  treatment  of  injured  employ- 
ees, to  furnish  such  employees  with  copies  of  all  medical  examinations). 

Sect.  21  amended,  1943,  529  §  4.     (See  1943,  529  §  14.) 

Sect.  22  amended,  1943,  529  §  13.     (See  1943,  529  §  14.) 

Sect.  23  revised,  1943,  529  §  5.     (See  1943,  529  §  14.) 

Sect.  24  amended,  1943,  529  §  6,     (See  1943,  529  §  14.) 

Sects.  25A-25D  added,  1943,  529  §  7,  under  caption  "Compulsory 
Compensation  and  Self-Insurance."    (See  1943,  529  §  14.) 

Sect.  25A,  paragraph  (2)  (a)  amended,  1945,  316;  paragraph  (2)  (6), 
jEirst  sentence  revised,  1945,  518;  paragraph  (2)  (c)  revised,  1945,  344. 


1156  Changes  in  the  [Chap.  152. 

Sect.  2G  ainondod,  1937,  370  §  1;  rovisprl,  1943,  302;  529  §  8;  para- 
graph added  at  end,  1945,  623  §  1.    (Sec  1943,  529  §  14.) 

Sect.  26 A  added,  1937,  370  §  2  (providing  for  payment  of  workmen's 
compensation  in  certain  cases  of  suicide). 

Sect.  27  revised,  1935,  331. 

Sect.  28  amended,  1934,  292  §  2;  revised,  1943,  529  §  9.  (See  1943, 
529  §  14.) 

Sect.  29  revised,  1935,  372:  1937,  382. 

Sect.  30  revised,  1936,  164;   1943,  181. 

Sect,  31,  first  paragraph  amended,  1934,  250;  paragraph  contained 
in  the  seventh  to  the  forty-fourth  lines  revised,  1937,  325;  same  para- 
graph amended,  1943,  368;  revised,  1945,  572;. last  paragraph  revised, 
1943,  400. 

Sect.  32,  new  paragraph  added,  1935,  361  (relative  to  payments 
under  the  workmen's  compensation  law  to  dependents  of  deceased 
minor  employees). 

Sect.  33  revised,  1939,  81;  1941,  495. 

Sect.  34  revised,  1935,  332  $  2;   1941,  624;  revised,  1945,  717. 

Sect.  34A  added,  1935,  364  (providing  for  payments  for  total  and 
permanent  disability  under  the  workmen's  compensation  law,  and  estab- 
lishing methods  of  determining  the  s;mie);  amended,  1943,  276;  revised, 
1945  717. 

Sect.  35  amended,  1943,  299;  revised,  1945,  717. 

Sect.  35A  added,  1945,  717  (providing  for  an  increase  in  certain 
weekly  benefits  under  the  workmen's  conipensation  law  in  certain  cases). 

Sect.  36,  paragraph  (j)  revised,  1933,  257;  section  revised,  1935,  333. 

Sect.  37  amended,  1937,  321. 

Sect.  37A  added,  1945,  623  §  2  (relative  to  privments  to  disabled 
war  veterans  subsecjuentlv  injured  in  industry). 

Sect.  39  amended,  1937,  317. 

Sect.  46  amended,  1941,  378;    1945,  623  §  2A. 

Sect.  52A  added,  1939,  465  §  2  (relative  to  insuring  against  silicosis 
and  other  occupational  pulmonary  dust  diseases).    (See  1939,  465  §  4.) 

Sect.  52B  added,  1945,  581  (relative  to  the  payment  of  premiums 
for  workmen's  compensation  insurance  in  certain  cases). 

Sect.  54A  added,  1935,  425  (relative  to  safeguarding  and  extending 
the  workmen's  compensation  law  by  making  void  certain  contracts  or 
agreements  in  the  nature  of  insurance  which  do  not  insure  the  payment 
of  the  compensation  provided  for  by  said  law). 

Sect.  55,  second  paragraph  revised,  1934,  137  §  1. 

Sect.  65  amended,  1935,  395;  1936,  162;  1937,  394;  revised,  1939, 
465  §  3;  amended,  1943,  367.    (See  1939,  465  §  4.) 

Sects.  65A-65M  added,  1939,  489  (providing  for  the  equitable  distri- 
bution of  rejected  risks  among  insurers  of  workmen's  compensation,  and 
the  pooling  of  losses  in  connection  with  such  risks). 

Sect.  65N  added,  1945,  623  §  3  (establishing  a  special  fund  to  en- 
courage the  employj^^ent  in  industrv  of  disabled  war  veterans). 

Sect.  66  revised',  1943,  529  §  9A.'    (See  1943,  529  §  14.) 

Sect.  67  revised,  1943,  529  §  10.     (See  1943,  529  §  14.) 

Sect.  68  revised,  1943,  529  §  11.     (See  1943,  529  §  14.) 

Sect.  69  revised,  1933,  318  §  7;  1936,  260;  amended,  1936,  403;  re- 
vised, 1939,  435;  last  sentence  revised,  1939,  468;  section  amended, 
1941,  614;   1945,  729. 


Oh.u's.  i53-io(i.]-  General  Laws.  1157 

Sect.  69A  added,  1933,  315  (regulating  workmen's  compensation 
payments  by  the  commonwealth). 

Sect.  69B  added,  1936,  427  (further  regulating  workmen's  compen- 
sation payments  by  the  commonwealth). 

Sect.  73,  first  sentence  amended,  1936,  318  §  4;  1937,  336  §  23;  1941, 
379  §  12. 

Sect.  73 A  added,  1941,  649  (to  provide  for  the  employment  of  par- 
tially disabled  public  emplo3^ees  and  temporary  filling  of  their  original 
positions). 

Sect.  74  amended,  1939,  451  §  57;  1941,  344  §  26. 

Sect.  75  revised,  1932,  19. 

Sects.  76-85  added,  1939,  465  §  1  (providing  workmen's  compensa- 
tion benefits  for  employees  in  the  granite  industry  contracting  silicosis 
and  other  occupational  pulmonary  dust  diseases).     (See  1939,  465  §  4.) 

Sect.  76  revised,  1943,  529  §  12.     (See  1943,  529  §  14.) 


Chapter   153.  —  Liability  of  Employers  to  Employees  for   Injuries  not 
resulting  in  Death. 

Sect.  6  amended,  1935,  387. 


Chapter  154.  —  Assignment  of  Wages. 

Sect.  8  added,  1933,  96  (exempting  orders  for  payment  of  labor  or 
trade  union  or  craft  dues  or  obligations  from  the  operation  of  the  laws 
regulating  assignments  of  wages) ;  amended,  1939,  125. 


Chapter  155.  —  General  Provisions  relative  to  Corporations. 

Sect.  1  revised,  1935,  297  §  1.     (See  1935,  297  §  3.) 

Sect.  9  amended,  1938,  327  §  1;  revised,  1943,  295.  (See  1938,  327 
§2.) 

Sect.  10  amended,  1933,  11;  third  sentence  revised,  1943,  549  §  4. 

Sect.  12A  added,  1938,  164  §  1  (making  permanent  certain  provi- 
sions of  law  authorizing  domestic  corporations  to  contribute  to  certain 
funds  for  the  benefit  of  social  and  economic  conditions).  (See  1938, 
164  §  2.) 

Sect.  15  revised,  1939,  14. 

Sect.  23A  added,  1935,  297  §  2  (regulating  sales  of  stocks,  bonds  and 
other  securities  of  corporations  to  their  employees);  repealed,  1938, 
445  §  13.  (See  1935,  297  §  3;  G.  L.  chapter  llOA  §  11  A,  inserted  by 
1938,  445  §  9.) 

Sect.  50  amended,  1933,  66. 

Sect.  50A  added,  1939,  456  §  1  (relative  to  the  dissolution  of  domes- 
tic corporations);   amended,  1943,  383. 

Sect.  56,  first  sentence  revised,  1939,  456  §  2. 

Chapter  156.  —  Business  Corporations. 

Sect.  5  amended,  1939,  301  §  1. 
Sect.  6,  clause  {e}  amended,  1939,  15  §  1. 
Sect.  12,  form  of  certificate  revised,  1932,  67. 
Sect.  30  amended,  1937,  52. 


1158  Changes  in  the  [Chai's.  157,  159. 

Sect.  36  revised,  1941,  514  §  1. 
Sect.  41  revised,  1932,  136. 
Sect.  42  amended,  1943,  38  §  1. 
Sect.  46,  sentence  added  at  end,  1943,  38  §  2. 

Sects.  46A-46E  added,  under  the  heading  "merger  and  consolida- 
tion", 1941,  514  §  2. 
Sect.  46B,  paragraph  contained  in  lines  102-108  revised,  1943,  405 

§1. 

Sect.  46D,  paragraph  contained  in  hnes  64-73  revised.  1943,  405  §  2. 
Sect.  49  revised,  1941,  276. 
Sect.  54  amended,  1932,  180  §  30. 


Chapter  157.  —  Co-operative  Corporations. 

Sect.  16,  last  sentence  amended,  1932,  180  §  31. 


Chapter  159.  —  Common  Carriers. 

Sect.  12,  paragraph  (a)  revised,  1945,  175. 

Sect.  14A  added,  1941,  713  (authorizing  the  department,  of  pubHc 
utilities  to  regulate  rates  for  the  transportation  of  persons  or  property 
within  the  commonwealth  by  common  carriers  by  aircraft). 

Sect.  15,  paragraph  added  at  end,  1937,  247;  same  paragraph  stricken 
out,  1938,  155  §  2. 

Sect.  16A  added,  1938,  243  (relative  to  the  discontinuance  of  service 
by  railroads). 

Sect.  20  amended,  1939,  18. 

Sect.  24,  second  sentence  revised,  1945,  647  §  1. 

Sect.  27  revised,  1945,  647  §  2. 

Sect.  28  revised,  1945,  647  §  3. 

Sect.  29  revised,  1945,  647  §  4. 

Sect.  30  revised,  1945,  647  §  5. 

Sect.  32,  first  sentence  revised,  1945,  199. 

Sect.  34A  added,  1945,  577  (relative  to  affiliated  companies  of  com- 
mon carriers). 

Sect.  59  revised,  1933,  326  §  1. 

Sect.  60  amended,  1933,  326  §  2;  1941,  233. 

Sect.  61  amended,  1933,  326  §  3. 

Sect.  62  amended,  1933,  326  §  4. 

Sect.  65  amended,  1937,  270. 

Sect.  70  revised,  1934,  357  §  1. 

Sect.  80  amended,  1934,  357  §  2. 

Sect.  89  revised,  1936,  363  §  1. 

Sect.  90  revised,  1936,  363  §  2. 

Sect.  91  revised,  1936,  363  §  3. 

Sect.  92  amended,  1936,  363  §  4. 

Sect.  93  amended,  1936,  363  §  5. 

Sect.  94  amended,  1936,  363  §  6. 

Sect.  103  amended,  1933,  10;   1941,  54;   1943,  322  §  1. 


Chaps.  159A,  159B.]  GENERAL   LaWS.  1159 


Chapter  159A.  —  Common  Carriers  of  Passengers  by  Motor  Vehicle. 

[Title  amended,  and  headings,  "part  i",  "carriers  of  passengers 
BY  MOTOR  vehicle",  inserted  before  section  1,  1933,  372  §  1.] 

Sect.  4,  first  sentence  stricken  out  and  three  sentences  inserted,  1945, 
318  §  1.    (See  1945,  318  §  2.) 

Sect.  10,  paragraph  added  at  end,  1945,  585. 

[Sects.  17-30  added,  under  headings,  "part  ii",  "carriers  of 
property  by  motor  vehicle",  1933,  372  §  2  (regulating  carriers  of 
property  bv  motor  vehicle).] 

Note— 1933,  372  repealed  by  1934,  264  §  5. 

Sect.  IIA  added,  1939,  404  §  1  (placing  special  and  chartered  buses, 
so  called,  under  the  supervision  of  the  department  of  public  utilities); 
amended,  1941,  480.    (See  1939,  404  §  2.) 

Chapter  159B.  —  Carriers  of  Property  by  Motor  Vehicle. 

New  chapter  inserted,  1934,  264  §  1. 

The  following  references  are  to  chapter  139B,  as  inserted  by  1934,  264  §  1: 

Sect.  2  revised,  1936,  345  §  1. 
Sect.  6  revised,  1936,  345  §  2. 
Sect.  7  revised,  1936,  345  §  3;  amended,  1938,  332. 
Sect.  8  affected,  1935,  24. 
Sect.  9  revised,  1936,  345  §  4. 
Sect.  10  revised,  1936,  345  §  5;   1937,  381. 

Sect.  lOA  added,  1936,  345  §  6  (prohibiting  rebates,  discrimination 
and  evasion  of  regulation  in  the  carrying  of  property  by  motor  vehicle). 
Sect.  13  amended,  1937,  122. 

Chapter  stricken  out  and  new  chapter  159B  (with  same  title)  inserted, 
1938,  483  §  1.     (See  1938,  483  §§  2-5.) 

The  following  references  are  to  chapter  159B,  as  inserted  by  1938,  483  §  1: 

Sect.  2,  definition  of  "Irregular  route  common  carrier"  revised,  1941, 
653  §  2;  definition  of  "Regular  route  common  carrier"  revised  and 
paragraph  defining  "Regular  routes"  added,  1941,  653  §  3;  definition 
of  "Agricultural  carrier  by  motor  vehicle"  inserted,  1941,  704  §  1;  defi- 
nitions of  "Contract  carrier  by  motor  vehicle",  "Motor  carrier"  and 
"Permit"  revised,  1941,  704  §  2.    (See  1941,  704  §  4.) 

Sect.  3,  introductory  paragraph  amended,  1945,  400  §  1 ;  paragraph 
(6)  revised,  1941,  592  §  1;  paragraph  (c)  revised,  1945,  400  §  2.  (See 
1945,  400  §  8.) 

Sect.  4,  second  paragraph  revised,  1945,  400  §  3;  third  paragraph 
revised,  1941,  592  §  2. 

Sect.  7,  paragraph  (a)  revised,  1939,  171;  paragraph  (&)  amended, 
1945,  343. 

Sect.  9  amended,  1941,  483  §  1. 

Sect.  10,  paragraph  added  at  end,  1939,  306;  amended,  1941,  483 
§  2;  paragraph  added  at  end,  1945,  379. 

Sect.  lOA  added,  1939,  322  (relative  to  replacing  lost  or  mutilated 
plates  and  lost  or  destroyed  certificates,  permits  and  licenses  issued  to 
carriers  of  property  by  motor  vehicle);  sentence  added  at  end,  1945, 
644  §  1. 

Sect.  11  amended,  1941,  483  §  3;  second  sentence  of  last  paragraph 
revised,  1945,  644  §  2. 


1160  Changes  in  the  [Chaps,  loo,  loi. 

Sp:ct.  12,  first  paragraph  revised,  1941,  653  §  4;  second  sentence 
amended,  1945,  400  §  4. 

Sect.  13  amended,  1941,  692;   1945,  400  §  5. 

Sect.  14  amended,  1941,  653  §  5;   1945,  400  §  6. 

Sect.  15A  added,  1941,  704  §  3  (relative  to  agricultural  carriers  of 
property  by  motor  vehicles).     (See  1941,  704  §  4.) 

Sect.  16A  added,  1939,  307  (giving  the  department  of  public  utilities 
authority  to  obtain  certain  information  of  persons  engaged  in  leasing 
motor  vehicles  for  the  transportation  of  property  for  hire). 


Chapter  160.  —  Railroads. 

Sect.  68  revised,  1943,  33. 

Sect.  70  amended,  1932,  238. 

Sect.  70A  revised,  1932,  236;  amended,  1934,  264  §  3. 

Sect.  85  amended,  1941,  53. 

Sect.  102  amended,  1941,  496  §  1. 

Sect.  104  revised,  1933,  176. 

Sect.  134  amended,  1941,  273  §  1. 

Sect.  138  amended,  1941,  273  §  2. 

Sect.  142  amended,  1938,  29. 

Sect.  144  revised,  1945,  301. 

Sect.  167  amended,  1941,  273  §  3. 

Sect.  185A  added,  1943,  333  (providing  that  railroad  and  terminal 
corporations  shall  provide  reasonable  lavatory  and  sanitary  facilities  for 
their  employees). 

Sect.  198A.     See  1936,  267. 

Sect.  198B  added,  1936,  267  (prohibiting  the  scalping,  so  called,  of 
tickets  issued  by  railroad  corporations). 

Sect.  235  amended,  1941,  490  §  38. 

Sect.  245  amended,  1941,  273  §  4,  496  §  2. 

Chapter  161.  —  Street  Railways. 

Name  of  Metropolitan  Transit  District  changed  to  Boston  Metro- 
politan District,  and  authority  to  issue  notes  and  bonds  defined,  1932, 
147. 

Temporary  act,  extending  to  January  15,  1939,  the  period  of  public 
control  and  management  of  the  Eastern  Massachusetts  Street  Railway 
Company,  1933,  108;  further  extension  of  five  years,  1938,  173;  fur- 
ther extension  of  five  years,  1943,  98. 

Temporary  acts  relative  to  the  purchase  of  bonds  of  the  Boston 
Elevated  Railway  Company  by  the  Boston  Metropolitan  District, 
1933,  235;    1934,  334;    1935,  451;    1936,  308;    1937,  357;    1941,  567. 

Sect.  20A  amended,  1939,  28. 

Sect.  35  amended,  1943,  342. 

Sect.  42,  third  sentence  amended,  1934,  328  §  20. 

Sect.  44  amended,  1934,  264  §  4. 

Sect.  77  revised,  1934,  310  §  1. 

Sect.  86  revised,  1934,  310  §  2. 

Sect.  91 A  added,  1935,  101  (relative  to  the  number  of  guards  on 
passenger  trains  operated  by  street  railway  companies). 


Chaps,  mi,  1G4.J  GENERAL   LaWS.  1161 


Chapter  163.  —  Trackless  Trolley  Companies. 

Sect.  12  added,  1932,  185  (requiring  trackless  trolley  companies  to 
furnish  security  for  civil  liability  on  account  of  personal  injuries  or 
property  damage  caused  by  their  vehicles). 

Sect.  13  added,  1943,  141  (providing  a  penalty  for  the  improper  opera- 
tion of  trackless  trolley  vehicles,  so  called). 


Chapter  164.  —  Manufacture  and  Sale  of  Gas  and  Electricity. 

For  legislation  authorizing  compacts  relative  to  the  interstate  trans- 
mission of  electricity  and  gas,  see  1933,  294. 

Sect.  4  amended,  1938,  44. 

Sect.  14  amended,  1935,  222. 

Sect.  17A  added,  1932,  132  (regulating  the  lending  of  money  by  gas 
and  electric  companies). 

Sect.  31  amended,  1939,  301  §  2. 

Sect.  33  amended,  1932,  180  §  32. 

Sect.  34  am.ended,  1937,  235  §  1.     (See  1937,  235  §  2.) 

Sect.  76A  added,  1935,  335  §  1  (giving  to  the  department  of  public 
utilities  supervision  over  certain  affiliates  of  gas  and  electric  companies). 

Sect.  84A  added,  1934,  202  §  1  (requiring  gas  and  electric  companies 
to  make  additional  annual  returns). 

Sect.  85,  second  paragraph  amended,  1935,  335  §  2. 

Sect.  85A  added,  1933,  202  §  1  (requiring  the  filing  with  the  depart- 
ment of  public  utilities  of  certain  contracts  of  gas  and  electric  com- 
panies with  affiliated  companies). 

Sect.  94,  paragraph  in  lines  29-37  amended,  1939,  178  §  1.  (See 
1939,  178  §  2.) 

Sect.  94A  amended,  1941,  400  §  1. 

Sect.  94B  amended,  1941,  400  §  2. 

Sect.  94C  added,  1935,  227  (relative  to  payments,  charges,  contracts, 
purchases,  sales  or  obligations  or  other  arrangement  between  gas  or 
electric  companies  and  affiliated  companies,  and  the  burden  of  proving 
the  reasonableness  thereof). 

Sect.  94D  added,  1936,  243  (prohibiting  gas  and  electric  companies 
from  collecting  penalty  charges  for  delinquency  in  the  payment  of  bills 
for  gas  or  electricity  used  for  domestic  purposes). 

Sect.  94E  added,  1941,  400  §  3  (relative  to  notice  of  the  termination 
of  certain  contracts  of  gas  and  electric  companies). 

Sect.  96  revised,  1939,  229  §  1. 

Sect.  97  amended,  1943,  55. 

Sect.  102  revised,  1939,  229  §  2. 

Sect.  105A  added,  1932,  119  (regulating  the  storage,  transportation 
and  distribution  of  gas). 

Sect.  115A  added,  1936,  259  §  1  (requiring  the  periodic  replacement 
of  meters  for  measuring  gas);  amended,  1937,  40  §  1.  (See  1936,  259 
§§2,3;  1937,  40  §§  2,  3.) 

Sect.  119  revised,  1934,  365. 

Sect.  119 A  added,  1936,  76  §  1  (requiring  bills  for  gas  or  electricity 
used  for  domestic  purposes  to  be  itemized);  revised,  1939,  145  §  1.  (See 
1936,  76  §  2;  1939,  145  §  2.) 


1162  Changes  in  the  [Chaps.  165-167. 

Sect.  124  amended,  1935,  237,  376  §  2. 

Sect.  124A  added,  1935,  376  §  1  (relative  to  the  shutting  off  of  gas 
or  electric  service  in  homes  where  there  is  serious  illness). 


Chapter  165.  —  Water  and  Aqueduct  Companies. 

Sect.  4A  added,  1933,  202  §  2  (requiring  the  filing  with  the  depart- 
ment of  public  utilities  of  certain  contracts  of  water  companies  with 
affiliated  companies). 

Sect.  19  repealed,  1941,  275  §  1. 

Sect.  28  added,  under  caption  "general  provisions",  1941,  275  §  2 
(further  regulating  the  acquisition  and  holding  of  real  estate  by  water 
and  aqueduct  companies). 


Chapter   166.  —  Telephone  and   Telegraph   Companies,   and   Lines   for   the 
Transmission  of  Electricity. 

Sect.  12A  added,  1934,  202  §  2  (requiring  telephone  and  telegraph 
companies  to  make  additional  annual  returns). 

Sect.  ISA  added,  1935,  242  (regulating  charges  by  telephone  com- 
panies for  the  use  of  hand  sets,  so  called). 

Sect.  15B  added,  1939,  162  (authorizing  the  sale  and  transfer  of 
property  and  the  transfer  of  locations  by  domestic  telephone  and  tele- 
graph companies  to  domestic  or  foreign  telephone  and  telegraph  com- 
panies and  validating  certain  locations  so  transferred). 

Sect.  21  amended,  1939,  161. 

Sect.  22,  second  paragraph  amended,  1932,  36. 

Sect.  22A  added,  1932,  266  (relative  to  the  placing  underground  of 
certain  wires);  revised,  1933,  251. 


Chapter  167.  —  Banks  and  Banking. 

For  temporary  act,  authorizing  the  commissioner  of  banks  to  bor- 
row within  two  years  from  March  30th,  1932,  funds  for  the  payment 
of  dividends  in  liquidation  of  certain  closed  banks,  see  1932,  122;  time 
increased  to  four  years,  1934,  304;  time  further  increased  to  six  years, 
1936,  263;  act  amended,  1937,  371;  time  further  increased  to  eight 
years,  1938,  261:  time  further  increased  to  nine  years,  1939,  292;  time 
further  increased  to  eleven  years,  1941,  145  §  1. 

For  temporary  act,  providing  for  the  establishment  of  a  fund  for  the 
insurance  of  deposits  in  certain  savings  banks,  see  1934,  43;  amended, 
1936,  149  §§  2-4;   1938,  125  §§  1,  2;  1939,  149  §§  2,  3;   1941,  78  §  2. 

For  temporary  act,  providing  for  the  establishment  of  a  fund  for  the 
insurance  of  shares  in  co-operative  banks,  see  1934,  73;  amended,  1935, 
76.  80;   1936,  155;  1938,  244  §§  2-5;  1939,  227  §§  2-5. 

For  temporarv  act  providing  for  the  liquidation  of  certain  trust  com- 
panies, see  1939",  515;   1941,  143;   1943,  122. 

For  temporary  act  to  enable  certain  banking  institutions  to  co-operate 
in  the  distribution  of  United  States  defense  savings  bonds  and  defense 
postal  savings  stamps,  see  1941,  221,  575. 


Chap.  167.]  GENERAL   LaWS.  1163 

Sect.  1  amended,  1935,  452  §  1. 

Sect.  2  revised,  1934,  251;   first  paragraph  amended,  1935,  452  §  2. 

Sect.  2A  added,  1933,  310  (improving  the  method  of  examination  of 
banks). 

Sect.  4  amended,  1934,  270  §  1. 

Sect.  5  revised,  1933,  337. 

Sect.  6  revised,  1945,  164. 

Sect.  9  revised,  1939,  499  §  8;   1945,  292  §  11. 

Sect.  11  revised,  1934,  270  §  2. 

Sect.  IIA  added,  1938,  266  §  1  (placing  all  corporations  conducted 
on  the  jNIorris  plan  under  the  supervision  of  the  commissioner  of  banks 
and  further  regulating  the  business  of  banking  companies). 

Sect.  12  revised,  1935,  452  §  3. 

Sect.  14  revised,  1933,  334  §  1. 

Sect.  17  repealed,  1933,  334  §  2. 

Sect.  18  amended,  1943,  110  §  1. 

Sect.  20  amended,  1933,  190;   1943,  22. 

Sect.  20A  added,  1933,  292  (permitting  certain  public  officers  to  par- 
ticipate in  certain  bank  reorganizations). 

Sects.  22-36.     See  1934,  43  §  11. 

Sect.  22,  second  paragraph  amended,  1943,  121.  (See  1933,  59  §  5, 
112  §  9.) 

Sect.  23.     See  1933,  112  §  6. 

Sect.  24  amended,  1932,.  294;   1933,  41  §  4. 

Sect.  31A  added,  1933,  277  (authorizing  payment  of  dividends  on 
small  deposits  in  closed  banks  to  certain  minors  and  to  the  next  of  kin 
of  certain  deceased  persons  without  probate  proceedings);  revised, 
1937,  170. 

Sect.  35.     See  1936,  428. 

Sect.  35 A  added,  1933,  302  (authorizing  the  destruction  of  certain 
books,  records  and  papers  relating  to  closed  banks). 

Sect.  35B  added,  1934,  241  (providing  for  semi-annual  reports  by 
the  commissioner  of  banks  as  to  progress  of  liquidation  of  certain 
banks). 

Sect.  36  amended,  1939,  451  §  58. 

Sect.  46  amended,  1943,  110  §  2. 

Sect.  47  amended,  1943,  110  §  3. 

Sect.  48  added,  1939,  244  §  6  (relative  to  payments  of  moneys  on 
deposit  in  the  name  of  a  minor). 

Sect.  49  added,  1941,  444  (relative  to  adverse  claims  to  certain  bank 
deposits  and  to  certain  securities  held  by  banks  for  the  account  of 
others). 

Sect.  50  added  (making  permanent  the  law  authorizing  certain 
banking  institutions  to  take  certain  first  mortga.ges  on  real  estate), 
1945,  37  §  1.  (See  1945,  37  §  2.)  For  prior  temporary  legislation  see 
1936,  191;   405  §  2;   1939,  98;   1941,  40. 

Sect.  51  added  (making  permanent  the  law  relative  to  the  making 
b}'  certain  banking  institutions  of  loans  insured  by  the  federal  housing 
administrator),  1945,  66  §  1.  (See  1943,  339;  1945,  66  §  2.)  For  prior 
temporarv  legislation  see  1935,  162;  1937,  240;  1939,  241;  1941,  260; 
1943,  126. 


1164  Changes  in  the  [Chap.  168. 


Chapter  168.  —  Savings  Banks. 

For  temporary  act,  establishing  the  Mutual  Savings  Central  Fund, 
Inc.,  for  the  terra  of  five  years,  see  1932,  44;  term  extended  to  ten 
years,  1936,  149  §  1 ;  term  extended  to  twenty-five  years,  1939,  149  §  1 ; 
act  amended,  1941,  78  §  1. 

For  temporary  act,  providing  for  the  establishment  of  a  fund  for  the 
insurance  of  deposits  in  certain  savings  banks,  see  1934,  43;  amended, 
1936,  149  §§  2-4;    1938,  125  §§  1,  2;    1939,  149  §§  2,  3;    1941,  78  §  2. 

For  temporary  act  modifying  the  requirements  for  making  certain 
railroad  bonds  legal  investments  for  savings  banks,  institutions  for  sav- 
ings and  trust  companies  in  their  savings  departments,  see  1939,  87; 
1941,  115;   temporary  act  repealed,  1941,  413  §  11. 

For  temporary  act  to  enable  certain  banking  institutions  to  co-oper- 
ate in  the  distribution  of  United  States  Defense  Savings  Bonds  and 
Defense  Postal  Savings  Stamps,  see  1941,  221,  575. 

For  an  act  creating  the  Savings  Bank  Investment  Fund  as  an  addi- 
tional means  of  investment  for  savings  banks,  see  1945,  283  §§  1-11. 

Sect.  1,  two  paragraphs  (defining  "deposit  book  [etc.]"  and  "savings 
bank")  added  at  end,  1933,  334  §  3. 

Sect.  2  revised,  1933,  334  §  4. 

Sect.  2A  added,  1933,  46  §  1  (authorizing  savings  banks  to  become 
members  of  the  Federal  Home  Loan  Bank  established  for  the  district 
of  New  England). 

Sect.  5.     See  1936,  143  §  2. 

Sect.  11  amended,  1933,  334  §  5. 

Sect.  13  amended,  1933,  334  §  6.     (See  1933,  41  §  1.) 

Sect.  17  revised,  1933,  334  §  7. 

Sect.  25  revised,  1933,  334  §  8. 

Sect.  25 A  added,  1933,  334  §  8  (authorizing  the  collection  of  savings 
from  school  children  through  principals,  teachers,  etc.). 

Sect.  26  revised,  1933,  334  §  9;   1943,  21  §  1. 

Sect.  27  amended,  1933,  334  §  10. 

Sect.  28  revised,  1933,  334  §  11.    (See  1943,  30.) 

Sect.  29  amended,  1933,  334  §  12;   1945,  111. 

Sect.  31  amended,  1945,  97. 

Sect.  33A  revised,  1933,  334  §  13. 

Sect.  33B  added,  1941,  103  (relative  to  the  sale  of  checks  by  savings 
banks). 

Sect.  34  revised,  1933,  334  §  14. 

Sect.  35  revised,  1933,  334  §  15. 

Sect.  42  revised,  1945,  365. 

Sect.  44  amended,  1941,  186. 

Sect.  45  amended,  1933,  334  §  16. 

Sect.  47  revised,  1933,  334  §  17. 

Sect.  49  amended,  1933,  334  §  18;  1941,  105. 

Sect.  50  revised,  1933,  334  §  19. 

Sect.  51  revised,  1932,  245  §  1. 

Sect.  51A  revised,  1933,  334  §  20;  amended,  1943,  27  §  1. 

Sect.  53  revised,  1933,  334  §  21. 

Sect.  54,  clause  First,  first  two  paragraphs  revised,  1933,  334  §  22; 
same  clause  revised,  1937,  180;   subdivision  (d)  revised,  1943,  94  §  1; 


Chap.  1G8.J  GENERAL   JjAWS.  1165 

subdivision  (c;)  revised,  1943,  94  §  2;  1945,  184  §  1;  subdivision  (e}^) 
inserted,  1945,  184  §  2;  subdivision  (/)  amended,  1945,  184  §  3;  clause 
Second,  subdi\isions  (a),  (e)  and  (/)  revised,  1933,  334  §  23;  subdivision 
(/))  added,  1933,  334  §  24  (forbidding  investment  of  funds  in  bonds  or 
notes  of  county,  etc.,  in  default,  and  defining  term  "in  default"); 
subdivisions  (a),  (h),  (c)  and  (d)  affected,  1939,  112  §  2;  clause  Second 
revised,  1941,  413  §  1;  subdivisions  (/i),  (/),  (?)  stricken  out  and  sub- 
divisions (h)  and  (i)  added,  1943,  215  §  1  (see  1943,  215  §  12);  clause 
Tiiird  affected,  1933,  111;  1934,  79;  1935,  72  §§  1,  2;  1936,  84;  1937, 
56;  1939,  87;  1941,  115,  413  §  11;  subdivision  (p)  of  clause  Third  re- 
vised, 1936,  79:  clause  Third  revised,  1941,  413  §  2;  subdivision  (3) 
revised,  1943,  215  §  2;  subdivision  (4)  .-luiended,  1945,  377  §  1;  first 
paragraj^h  of  subdivision  (6)  amended,  1943,  215  §  5;  paragraph  (d)  of 
the  definitions  at  the  end  of  clause  Third  revised,  1943,  215  §  3;  clause 
Third  A  added,  1943,  215  §  4  (relative  to  the  investments  of  deposits 
and  the  income  derived  therefrom  of  savings  banks  in  obligations  of 
certain  reorganized  railroad  corporations);  first,  paragraph  of  subdivi- 
sion (5)  amended,  1945,  377  §  2;  clause  Fourth  amcmded,  1932,  112; 
stricken  out,  1941,  413  §  3;  clause  Fifth  revised,  1941,  413  §  4;  clauses 
Fifth  A-Fifth  D  added,  1941,  413  §  5;  clause  Sixth  A,  first  paragraph 
amended,  1937,  96;  clause  Sixth  A  revised,  1941,  413  §  6;  1945,  377 
§  3;  clause  Seventh,  first  paragraph  amended,  1937,  87;  second  para- 
graph revised,  1932,220;  clause  Seventh  revised,  1941,  413  §  7;  1943, 
215  §  6;  clause  Seventh  A  added,  1945,  283  §  12  (authorizing  the  in- 
vestment of  deposits  of  savings  banks  in  shares  of  the  Savings  Bank 
Investment  Fund) ;  clause  Ninth,  first  paragraph  amended,  1945,  197 
v^  1;  1945,  407  §  1;  subdivision  (a)  revised,  1945,  197  §  2  (see  1945, 
407  ^  2);  subdivision  (c)  (2)  stricken  out,  1933,  334  i^  25;  ,<?ubdivision 
(d)  stricken  out,  1941,  413  §  8;  subdivision  (c)  (2)  revised,  1933,  334 
i^  26:  amended,  1943,  110  §  4;  revised,  1943,  215  §  7;  subdivision  (e) 
(3)  revised,  1933,  334  §  26;  1943,  215  §  8;  subdivision  (e)  (4)  stricken 
out.  1943,  110  §  5;  subdivision  (e)  (5)  revised,  1933,  334  §  26;  amended, 
1943,  110  §  6;  subdivision  (e)  (6)  amended,  1939,  244  §  5;  1941,  234; 
clause  Tenth  A  added,  1941,  106;  amended,  1945,  162;  clause  Twelfth 
amended,  1937,  274  §  2;  revised,  1943,  215  §  9;  clause  Thirteenth  A 
added,  1941,  107;  clause  Fifteenth  revised,  1941,  413  §  9;  subdivision 
(a)  revised,  1943,  215  §  10;  subdivision  (c)  revised,  1945,  377  §  4;  sub- 
division (d)  revised,  1945,  114;  clause  Sixteenth  affected,  1933,  111; 
1934,  79;  1935,  72  §§  1,  2;  1936,  84;  1937,  56;  1939,  87;  1941,  115, 
413  §  11;  clause  Sixteenth  stricken  out,  1941,  413  §  10;  clause  Seven- 
teenth revised,  1943,  215  §  11.     (See  1943,  215  §  12.) 

Sect.  55,  paragraph  added  at  end,  1933,  334  §  27  (authorizing  the 
continuing  of  the  offices  of  a  merged  savings  bank  as  branch  offices  of 
the  continuing  bank). 

Sect.  56  added,  1933,  41  §  1  (authorizing  savings  banks  to  purchase, 
loan  upon  or  participate  in  loans  upon  the  assets  of  certain  closed  and 
other  banks). 

Sect.  57  added,  1933,  334  §  28  (.authorizing  savings  banks  to  become 
members  of  savings  bank  associations);  revised,  1945,  61  §  J . 

Sects.  58-60  added,  1943,  249  (providing  for  the  establishment  of  a 
contributory  savings  bank  emplo3^ees  retirement  association). 
Sect.  58,  third  paragraph  amended,  1945,  104  §  1. 
Sect.  60  amended,  1945,  104  §  2. 


1166  Changes  in  the  [Chap.  17o. 


Chapter  170.  —  Co-operative  Banks. 

For  temporary  act,  establishing  the  Co-operative  Central  Bank  for 
the  term  of  five  years,  see  1932,  45;  term  extended  to  ten  years,  1935, 
82;  amount  which  a  member  bank  may  borrow  without  collateral  fur- 
ther regulated,  1935,  136;  1941,  86;  term  further  extended  to  twenty- 
five  years,  1938,  244  §  1;  refunds  to  member  banks  regulated,  1939, 
227  §  1;  act  further  amended,  1943,  219. 

For  temporary  act,  providing  for  the  establishment  of  a  fund  for  the 
insurance  of  shares  in  co-operative  banks,  see  1934,  73;  amended,  1935, 
76,  80;  1936,  155;  1938,  244  §§  2-5;  1939,  227  §§  2-5;   1945,  116. 

For  temporary  act  to  enable  certain  banking  institutions  to  co-operate 
in  the  distribution  of  United  States  Defense  Savings  Bonds  and  Defense 
Postal  Savings  Stamps,  see  1941,  221,  575. 

The  following  references  are  to  chapter  170,  as  appearing  in  the  Tercen- 
tenary Edition: 

Sect.  16  revised,  1932,  292  §  1. 

Sect.  19  amended,  1932,  292  §  2. 

Sect.  20A  added,  1932,  292  §  3  (authorizing  payment  to  spouse  or 
next  of  kin  without  administration  in  case  value  of  shares  does  not 
exceed  two  hundred  dollars). 

Sect.  36A  added,  1932,  292  §  4  (authorizing  and  regulating  borrow- 
ings to  meet  withdrawals  and  to  loan  against  shares). 

Sect.  40,  paragraph  added  at  end,  1932,  233  §  1. 

Sect.  41  amended,  1932,  233  §  2. 

Sect.  42  amended,  1932,  233  §  3. 

Sect.  45A  added,  1933,  46  §  2  (authorizing  co-operative  banks  to 
become  members  of  the  Federal  Home  Loan  Bank  established  for  the 
district  of  New  England). 

Sect.  50  added,  1932,  201  (authorizing  co-operative  banks  to  become 
members  of  certain  leagues). 

Chapter  stricken  out  and  new  chapter  inserted,   1933,   144. 
The  following  references  are  to  the  new  chapter  170: 

Sect.  7  amended,  1938,  162  §  1. 

Sect.  12  amended,  1936,  196  §  1;  1938,  159;  1941,  73;  five  sen- 
tences added  at  end,  1945,  177  §  1. 

Sect.  16,  second  paragraph  revised,  1936,  196  §  2;   1938,  244  §  7. 

Sect.  17A  added,  1941,  116  (providing  for  the  temporarj^  suspension 
of  payments  on  certain  shares  of  co-operative  banks  owned  by  persons 
engaged  in  the  military  or  naval  service  of  tlie  United  States,  or  ])y 
their  dependents);  revised,  1943,  142. 

Sect.  23  revised,  1941,  76. 

Sect.  25,  sentence  added  at  end,  1935.  174. 

Sect.  27,  sentence  inserted  after  first  sentence,  1945,  176  §  1. 

Sect.  32A  added,  under  heading  "other  authorized  payments", 
1938,  197  (permitting  acceptance  of  certain  payments  by  co-operative 
banks). 

Sect.  33  am.ended,  1935,  190;   first  sentence  amended,  1945,  172. 

Sect.  34  amended,  1934,  203  §  1. 

Sect.  35,  last  paragraph  stricken  out,  1934,  203  §  2. 

Sect.  35A  added,  1945,  191  (providing  for  converting  co-operative 
form  mortgages  to  direct  reduction  form  mortgages  by  agreement  in 
co-operative  banks). 


Chap.   171. |  GeNERAL   LaWS.  1167 

Sects.  36A-36D  added  under  caption  "direct-reduction  loans" 
(changing  and  making  permanent  the  law  authorizing  co-operative 
banks  to  make  direct-reduction  loans  on  real  estate  and  providing  for 
the  suspension  of  payments  thereon  by  persons  in  the  military  or  naval 
service  and  others),  1941,  293  §  1.  [For  prior  temporarv  legislation 
(repealed  bv  1941,  293  §  2)  sec  1935,  191;  1936,  203;  1937,  233;  1938, 
199.] 

Sect.  36A,  first  paragraph  amended,  1945,  177  §  2;  last  paragraph 
amended,  1945,  115;  paragraph  added  at  end,  1945,  176  §  2. 

Sect.  36B,  sentence  added  at  end,  1945,  173. 

Sect.  36E  added,  1945,  174  (authorizing  additional  loans  for  the 
benefit  of  certain  real  estate  mortgaged  to  co-operative  banks). 

Sect.  39  amended,  1941,  77. 

Sect.  39A  added,  1945,  171  (relative  to  the  purchase  by  co-operative 
banks  from  federal  agencies  of  certain  loans  made  by  such  agencies). 

Sect.  40  revised,  1941,  75. 

Sect.  43A  added,  1943,  77  (authorizing  the  sale  of  checks  by  co- 
operative banks). 

Sect.  44,  second  paragraph  revised,  1936,  159. 

Sect.  46  revised,  1943,  81. 

Sect.  47  revised,  1935,  75;  1936,  133. 

Sect.  50,  first  paragraph  amended,  1935,  54;  1937,  174. 

Sect.  50A  added,  under  caption  "conversion",  1935,  215  (estab- 
lishing the  procedure  to  be  followed  by  a  co-operative  bank  in  con- 
verting into  a  federal  savings  and  loan  association);  first  paragraph 
amended,  1938,  162  §  2;  1943,  235  §  1;  second  and  third  paragraphs 
revised,  1938,  244  §  6.    (See  1943,  235  §  2;  1945,  193.) 

Sect.  54  revised,  1943,  191. 

Sect.  55  revised,  1945,  61  §  2. 

Sects.  59-61  added  1945,  190  (providing  for  the  establishment  of  a 
contributory  co-operative  banks  emploj^ees  retirement  association). 


Chapter   171.  —  Credit  Unions. 

For  temporary  act,  establishing  the  Central  Credit  Union  Fund,  Inc., 
for  the  term  of  five  years,  see  1932,  216;  amended,  1934,  221;  1939, 
112  §  2.  Term  extended  to  ten  years,  1936,  70.  Term  extended  to 
twenty  years,  1941,  177. 

For  temporary  act  to  enable  certain  banking  institutions  to  co-operate 
in  the  distribution  of  United  States  Defense  Savings  Bonds  and  De- 
fense Postal  Savings  Stamps,  see  1941,  221,  575. 

Sect.  3,  second  paragraph  revised,  1936,  323. 

Sect.  5  amended,  1939,  112  §  1. 

Sect.  10,  two  sentences  inserted  after  fifth  sentence,  1945,  81. 

Sect.  15,  last  sentence  stricken  out,  and  paragraph  added  at  end, 
1933,  163  §  1;  new  paragraph  added,  1935,  272;  paragraph  added  by 
1935,  272  revised,  1936,  329. 

Sect.  17.     See  1943,  30. 

Sect.  19A  added,  1938,  239  (relative  to  the  liability  of  certain  en- 
dorsers upon  notes  held  by  credit  unions  and  authorizing  the  establish- 
ment of  contingent  funds  by  credit  unions);   revised,  1941,  79. 


1168  Changes  in  the  IChap.  i72. 

Sect.  20A  added,  1936,  119  (relative  to  the  impairment  of  the  capital 
of  credit  unions). 

Sect.  21  amended,  1933,  163  §  2;   1937,  228;  revised,  1943.  118. 

Sect.  24,  paragraph  added  at  end  of  subdivision  (A),  1933,  163  §  3; 
first  four  paragraphs  and  siib(Uvision  (A)  revised,  1041,  102;  subdivision 
(B)  rovis(Ml,  1945,  S2. 

Sect.  29,  first  paragraph  revised,  1936,  139. 

Chapter  172.  —  Trust  Companies. 

For  temporary  act  providing  for  the  liquidation  of  certain  trust  com- 
panies, see  1939,  515;   1941,  143;   1943,  122. 

Sect.  1  revised,  1934,  349  §  1. 

Sect.  7,  clause  Fourth  revised,  1934,  349  §  2. 

Sect.  9,  fifth  sentence  amended,  1934,  349  §  3. 

Sect.  10,  first  paragraph  amended,  1934,  349  §  4. 

Sect.  11  revised.  1934,  349  §  5. 

Sect.  12  revised,  1934,  349  §  6. 

Sect.  13  revised,  1934,  349  §  7. 

Sect.  14  revised,  1934,  349  §  8;   1935,  40;   amended,  1936,  143  §  1. 

Sect.  14A  added,  1934,  349  §  9  (relative  to  the  submission  of  a 
monthly  report  by  the  treasurer  of  a  trust  company  to  its  board  of 
directors);  subparagraph  3  stricken  out  and  subparagraphs  3  and  3A 
inserted,  1939,  244  §  1. 

Sect.  15  revised,  1934,  349  §  10. 

Sect.  16,  paragraph  added  at  end,  1934,  349  §  11. 

Sect.  18  revised,  1934,  349  §  12;  amended,  1935,  18;  second  para- 
graph revised,  1943,  110  §  8. 

Sect.  19  amended,  1934,  349  §  13. 

Sect.  19A  added,  1943,  237  (providing  for  notice  to  the  commissioner 
of  banks  of  certain  transfers  of  stock  of  trust  companies). 

Sect.  24  revised,  1934,  349  §  14;  two  paragraphs  added  at  end,  1937, 
248. 

Sect.  25  amended,  1934,  349  §  15. 

Sect.  26  amended,  1934,  349  §  16;  revised,  1943,  21  §  2. 

Sect.  30A,  sentence  added  at  end,  1934,  349  §  17. 

Sect.  31  revised,  1934,  349  §  18;  last  sentence  amended,  1939,  124. 

Sect.  33  revised,  1941,  484  §  1.     (See  1941,  484  §§  4,  5.) 

Sect.  34  revised,  1934,  349  §  19;  1939,  244  §  2. 

Sect.  40  revised,  1941,  484  §  2;  amended,  1945,  88.  (See  1941,  484 
§§  4,  5.) 

Sect.  40A  added,  1943,  261  (clarifying  the  limits  on  the  total  liabili- 
ties of  any  one  borrower  to  a  trust  company  in  its  commercial  and  sav- 
ings departments). 

Sect.  43  revised,  1934,  349  §  20;  1941,  484  §  3.    (See  1941,  484  §§  4,  5.) 

Sect.  44  revised,  1939,  187. 

Sect.  44 A  added,  1933,  41  §  2  (authorizing  trust  companies  to  pur- 
chase, loan  upon  or  participate  in  loans  upon  the  assets  of  certain 
closed  and  other  banks). 

Sect.  45  revised,  1934,  349  §  21;  amended,  1939,  244  §  3.  (See 
1943,  192.) 

Sect.  46  revised,  1934,  349  §  22;  amended,  1939,  244  §  4.  (See  1943, 
192.) 


Chap.  172A.J  GeNP^RAL    LaWS.  1169 

Sect.  48  revised,  1934,  349  §  23;  paragraph  (c)  added  at  end,  1937, 
276. 

Sect.  54  amended,  1934,  349  §  24;  1935,  172  §  1. 

Sect.  54A  added,  1935,  172  §  2  (authorizing  trust  companies  under 
certain  conditions  to  deposit  in  their  commercial  departments  certain 
funds  held  in  their  trust  departments). 

Sect.  57  revised,  1934,  349  §  25. 

Sect.  60  amended,  1934,  349  §  26. 

Sect.  61  amended,  1933,  41  §  3. 

Sect.  62  amended,  1934,  349  §  27;  revised,  1941,  104. 

Sect.  66  revised,  1932,  245  §  2. 

Sect.  66A  revised,  1943,  27  §  2. 

Sect.  67,  paragraph  added  at  end,  1933,  334  §  29  (regulating  the 
declaration  and  pajanent  of  interest  on  deposits  in  savings  depart- 
ments of  trust  companies). 

Sect.  69  amended,  1943,  110  §  7. 

Sect.  70.     See  1943,  30. 

Sect.  74  amended,  1934,  349  §  28. 

Sect.  75  revised,  1934,  349  ^  29;  last  sentence  revised,  1943,  193; 
1945,  53  n. 

Sect.  76  amended,  1934,  349  §  30. 

Sect.  SO  revised,  1934,  349  §  31  (but  see  1934,  349  §  32.);  next  to  last 
sentence  revised,  1945,  53  §  2. 

Sect.  82  added,  under  caption  "set-off  or  recoupment  of  de- 
posits", 1932,  295  §  1.     (See  1932,  295  §  2.) 

Sects.  83-89  added,  under  caption  "conservatorship",  1933,  87  §  1. 

Sects.  83,  88.     See  1933,  112  §§  6,  9. 

Sect.  90  added,  1933,  273  (relative  to  the  enforcement  of  conserva- 
torship proceedings  in  respect  to  trust  companies). 

Chapter  172A.  —  Banking  Companies. 

New  chapter  inserted,  1935,  452,  §  4. 

For  temporary  act  to  enable  certain  banking  institutions  to  co-operate 
in  the  distribution  of  United  States  Defense  Savings  Bonds  and  Defense 
Postal  Savings  Stamps,  see  1941,  221,  575. 

Sect.  1  revised,  1938,  266  §  2;  amended,  1941,  391  §  1.  (See  1941, 
391  §§  2,  3.) 

Sect.  1A  added,  1938,  266  §  3  (authorizing  certain  existing  corpora- 
tions to  vote  to  carry  on  the  business  of  a  banking  company  on  certain 
conditions) . 

Sect.  2  amended,  1938,  266  §  4. 

Sect.  3  revised,  1938,  266  §  5. 

Sect.  4  amended,  1938,  266  §  6. 

Sect.  5,  first  paragraph  revised,  1938,  266  §  7. 

Sect.  6  revised,  1938,  266  §  9. 

Sect.  7,  clause  First,  last  sentence  stricken  out,  1945,  192  §  1 ;  clause 
Second  revised,  1943,  208;   clause  Fourth  added,  1945,  192  §  2. 

Sect.  7A  added,  1938,  266  §  8  (relative  to  the  carrying  and  disposi- 
tion by  certain  existing  corporations  of  certain  assets  not  authorized  as 
investments  after  they  become  subject  to  this  chapter). 

Sect.  15  added,  1941,  438  (authorizing  banking  companies  to  sell  cer- 
tain negotiable  checks). 


1170  Changes  in  the  [Chai\  175. 


Chapter  175.  —  Insurance. 

For  legislation  authorizing  domestic  insurance  companies  to  invest 
in  real  estate  mortgages  insured  under  the  National  Housing  Act,  see 
1939,  359.  (See  also  1943,  339.)  [For  other  legislation,  see  1935,  162; 
1937,240;    1939,241;   1941,260;    1943,126.] 

For  temporary  act,  modifying  the  requirements  for  investments  in 
real  estate  mortgages,  sec  1936,  191;  amended,  1936,  405  §  2;  extended, 
1939,  98;   1941,  40. 

Sect.  1,  paragraph  added  (after  definition  of  "Foreign  company") 
defining  "Industrial  life  insurance  policy"  or  "policy  of  industrial  life 
insurance",  1943,  227  §  11;  paragraph  added  after  word  "lavi^"  in  the 
fifty-second  line,  1938,  306  (defining  "resident"  with  respect  to  the 
incorporators,  officers  and  directors  of  insurance  companies).  (See 
1943,  227  §§  13,  14.) 

Sect.  4,  first  paragraph  revised,  1938,  357  §  1;  fourth  paragraph 
amended,  1939,  472  §  4;   revised,  1941,  324. 

Sect.  5  amended,  1933,  107  §  2. 

Sect.  6,  first  paragraph  amended,  1933,  107  §  3;  section  amended, 
1939,  472  §  1 ;  first  paragraph  amended,  1939,  488  §  2.    (See  1939, 488  §  9.) 

Sect.  9,  clause  Second  revised,  1941,  326  §  1;  clause  Fourth  revised, 
1941,  326  §  2;  section  revised,  1943,  227  §  1.    (See  1943,  227  §§  13,  14.) 

Sect.  11,  first  paragraph  amended,  1934,  92  §  1;  revised,  1943,  207 
§  3;  1945,  605  §  2;  third  paragraph  amended,  1933,  5.  (See  1943,  207 
§  4;   1945,  605  ^  3.) 

Sect.  12  amended,  1943,  183  §  1.     (See  1943,  183  §  2.) 

Sect.  12A  added,  1943,  183  §  2  (relating  to  the  computation  of  re- 
serves required  of  certain  domestic  liability  insurance  companies  with 
respect  to  certain  policies  of  liability  insurance). 

Sect.  14  amended,  1939,  395  §  2;  revised,  1941,  635  §  3,  693;  para- 
graph inserted  after  paragraph  contained  in  line  14,  1943,  54  §  1;  re- 
vised, 1945,  593  §  1;  paragraph  contained  in  fines  22-26  revised,  1943, 
288;  seventeenth  paragraph  revised,  1943,  54  §  2,  227  §2.  (See  1945, 
593  §  2.) 

Sect.  16,  second  paragraph  amended,  1939,  395  §  3. 

Sect.  19A  amended,  1934,  137  §  2;   revised,  1941,  364  §  1. 

Sect.  19B  added,  1939,  375  (authorizing  domestic  insurance  com- 
panies to  merge  or  consolidate  with  foreign  insurance  companies  in  cer- 
tain cases);  revised,  1941,  364  §  2. 

Sect.  19C  added,  1941,  364  §  3  (relative  to  rights  of  stockholders  of 
merging  or  consolidating  corporations). 

Sect.  20,  new  paragraph  inserted  after  fifth  paragraph,  1941,  343. 

Sect.  22A  revised,  1935,  234;   last  paragraph  amended,  1938,  181. 

Sect.  25,  second  paragraph  revised,  1945,  159;  last  paragraph  of 
Form  A  stricken  out,  1934,  12;  last  paragraph  of  section  amended, 
1934,  92  §  2. 

Sect.  29  revised,  1939,  167. 

Sect.  32  revised,  1938,  357  §  2;   amended,  1941,  342  §  1. 

Sect.  36,  second  paragraph  revised,  1935,  140;  1936,  61;  two  para- 
graphs added  at  end,  1938,  218  §  1. 

Sect.  47,  clause  First  revised,  1938,  176;  clause  Fourth  revised,  1938, 
307;  clause  Sixth  amended,  1941,  243;  1945,  436;  clause  Seventh 
amended,  1937,  261;  clause  Twelfth  revised,  1935,  204. 


Chap.  175.]  GENERAL   LaWS.  1171 

Sect.  49,  paragraph  inserted  after  second  paragraph,  1939,  15  §  2; 
paragraph  contained  in  the  twenty-second  to  the  twenty-eighth  Unes 
revised,  1941,  342  §  2;   last  paragraph  stricken  out,  1941,  342  §  3. 

Sect.  50,  first  sentence  revised,  1945,  609  §  1 ;  third  sentence  amended, 
1932,  180  §  33. 

Sect.  54,  clause  (e)  revised,  1939,  488  §  3.    (See  1939,  488  §  9.) 

Sect.  54A  added,  1932,  165  (permitting  certain  insurance  companies 
to  make  outside  the  commonwealth  contracts  insuring  personal  prop- 
erty against  all  risks  or  hazards) ;   amended,  1938,  198. 

Sects.  54B-54D  added,  1945,  384  §  2  (authorizing  multiple  line 
underwriting,  so-called,  by  certain  domestic  and  foreign  stock  and 
mutual  insurance  companies).     (See  1945,  384  §  3.) 

Sect.  63,  paragraph  7  revised,  1945,  188. 

Sect.  64,  second  paragraph  amended,  1936,  213;  third  paragraph 
revised,  1943,  207  §  2;  paragraph  added  at  end,  1941,  548.  (See  1943, 
207  §  4.) 

Sect.  66A  added,  1943,  207  §  1  (relative  to  the  construction,  opera- 
tion and  maintenance  of  low  rental  housing  projects  by  domestic  life 
insurance  companies);  revised,  1945,  605  §  1.  (See  1943,  207  §  4; 
1945,  605  §  3.) 

Sect.  72  amended,  1936,  212. 

Sect.  73,  first  paragraph  revised,  1939,  300  §  1. 

Sect.  77  amended,  1941,  365  §  1.    (See  1941,  365  §  2.) 

Sect.  79  revised,  1933,  23  §  1. 

Sect.  80,  paragraph  inserted  after  the  word  "classified"  in  the  twenty- 
third  fine,  1936,  315. 

Sect.  83,  paragraph  added  at  end,  1941,  716  §  5.    (See  1941,  723.) 

Sect.  85A  added,  1941,  716  §  1  (providing  that  the  commissioner  of 
insurance  may  authorize  certain  domestic  mutual  insurance  companies 
to  issue  non-assessable  policies);  sentence  added  at  end,  1943,  247  §  1. 
(See  1941,  723;   1943,  247  §  4.) 

Sect.  87  repealed.  1934,  22. 

Sect.  90,  first  paragraph  amended,  1941,  716  §  2;  1945,  403  §  2. 
(See  1941,  723.) 

Sect.  90A  amended,  1939,  300  §  2. 

Sect.  90B  revised,  1933,  23  §  2;   1945,  726. 

Sect.  93,  first  paragraph  revised,  1939,  488  §  1;  1941,  654  §  1.  (See 
1939,  488  §  9.) 

Sect.  93B  revised,  1939,  488  §  4.     (See  1939,  488  §  9.) 

Sect.  93C  revised,  1939,  488  §  5.     (See  1939,  488  §  9.) 

Sect.  93D  revised,  1939,  488  §  6.     (See  1939,  488  §  9.) 

Sect.  93F  added,  1941,  716  §  3  (permitting  certain  domestic  mutual 
insurance  companies  to  issue  non-assessable  policies);  sentence  added 
at  end,  1943,  247  §  2.    (See  1941,  723;  1943,  247  §  4.) 

Sect.  94,  first  two  paragraphs  stricken  out,  and  two  new  paragraphs 
inserted,  1933,  81;  first  paragraph  amended,  1938,  218  §  2;  1943,  532 
§  2;   revised,  1945,  313  §  2.     (See  1945,  313  §  5.) 

Sect.  97  amended,  1933,  31;  two  sentences  added  at  end,  1945,  399 
§  1.     (See  1945,  399  §  2.) 

Sect.  99,  clause  Ninth  revised,  1934,  95;  paragraph  of  the  standard 
form  appearing  in  lines  14-23  revised,  1943,  462. 

Sect.  102  amended,  1932,  174  §  1;  revised,  1934,  110  §  1.  (See  1932, 
174  §  2;  1934,  110  §  2.) 


1172  Changes  in  the  [Ch,u'.  i75. 

Sect.  106  revised,  1932,  150  §  1;  amended,  1939,  400  §  1.  (See  1932, 
150  §  4.) 

Sect.  108,  paragraph  added  at  end,  1945,  341. 

Sect.  110,  sentence  added  at  end,  1939,  133;  section  amended,  1941, 
118;  revised,  1943,  424  §  3,  532  §  1;  subdivision  (1)  of  second  para- 
grapli  amended,  1945,  403  §  1. 

Sect.  IIOA  added,  1938,  401  (relative  to  exemption  of  the  benefits  of 
disabiUty  insurance  from  attachment  and  execution). 

Sect.  HOB  added,  1939,  209  (relative  to  the  termination  or  lapsing  of 
certain  accident  and  health  policies  for  non-payment  of  premiums). 

Sect.  11 10  added,  1943,  375  §  1  (providing  for  the  inclusion  of  acci- 
dent benefits  in  certain  liability  insurance  policies). 

Sect.  113A,  provision  (2)  amended,  1933,  119  §  1,  revised,  1933,  145 
§  1;  provision  (2A)  added,  1933,  145  §  2,  amended,  1935,  296  §  1;  pro- 
vision (6)  revised,  1936,  272.    (See  1933,  145  §  3;   1935,  296  §  2.) 

Sect.  113B,  paragraph  inserted  after  first  paragraph,  1935,  459  §  4. 
(See  1935,  459  §  5.) 

Sect.  113D,  first  paragraph  revised,  1933,  119  §  2;  fourth  paragraph 
revised,  1933,  146  §  1;  sixth  paragraph  revised,  1933,  146  §  2,  amended, 
1934,  46;  first  sentence  of  sixth  paragraph  amended,  1938,  311;  para- 
graph added  at  end,  1933,  119  §  3;  paragraph  added  at  end,  1934,  379. 
(See  1933,  119  §  6,  146  §  3.) 

Sect.  113E  added,  1934,  61  (prohibiting  certain  discrimination  in  the 
issuance  or  execution  of  motor  vehicle  hability  policies  or  bonds); 
amended,  1941,  401. 

Sect.  113F  added,  1937,  390  (relative  to  the  renewal  of  motor  vehicle 
liabiUty  policies  or  bonds,  so  called,  in  certain  cases);  first  paragraph 
amended,  1938,  351. 

Sect.  113G  added,  1939,  406  §  1  (relative  to  the  relations  of  officers, 
directors  and  employees  of  certain  domestic  insurance  companies  with 
certain  insurance  agencies  and  finance  companies).    (See  1939,  406  §  2.) 

Sect.  114  amended,  1932,  180  §  34;  1939,  225. 

Sect.  116A  amended,  1932,  180  §  35. 

Sect.  117A,  first  paragraph  amended,  1938,  216  §  1;   heading  before 
section  117A  stricken  out  and  "marine  and  automobile  and  sprinkler 
leakage  insurance"  inserted,  1938,  216  §  2. 
fe  Sect.  123  revised,  1943,  186. 
fe  Sect.  125.     See  1933.  42. 

Sect.  126  amended,  1943,  227  §  5.  (See  1933,  42  §§  13,  14;  1943, 
227.) 

Sect.  132,  first  paragraph  revised,  1933,  101  §  1;  first  paragraph 
amended,  1943,  227  §  6;  provisions  numbered  6,  7,  8,  9,  revised,  1943, 
227  ^  7;  four  paragraphs  added  at  end  of  section,  1943,  227  ^  6.  (See 
1943,  227  H^  13,  14.) 

Sects.  132A-132E  added,  1945,  313  §  1  (relative  to  group  annuity 
contracts).     (See  1945,  313  §  5.) 

Sect.  133,  clause  (6)  amended,  1938,  362  §  2;  clause  (6)  amended, 
1943,  424  §  1;  clause  (c)  added,  1938,  362  §  1;  clause  (d)  added,  1943, 
424  §  2. 

Sect.  134,  sentence  added  at  end  of  provision  numbered  4,  1938,  362 
§3;  said  provision  revised,  1939, 170;  1941,456;  last  paragraph  stricken 
out  and  three  new  paragraphs  inserted,  1938,  362  §  4. 


Chai>.  175.]  General  Laws.  1173 

Sect.  138A  added,  1943,  424  §  4  (relative  to  deductions  from  salaries 
of  state,  county  and  municipal  employees  for  payment  of  premiums  on 
certain  group  life  insurance  policies). 

Sect.  139,  two  sentences  added  at  end,  1945,  335. 

Sect.  140,  second  paragraph  revised,  1943,  227  §  12;  third  paragraph 
amended,  1933,  101  §  2.    (See  1943,  227  §§  13,  14.) 

Sect.  142  revised,  1943,  227  §  8.    (See  1943,  227  §§  13,  14.) 

Sect.  143  revised,  1943,  227  §  9.    (See  1943,  227  §§  13,  14.) 

Sect.  144,  last  paragraph  revised,  1933,  101  §  3;  first  three  para- 
graphs stricken  out  and  four  new  paragraphs  inserted,  1938,  209  §  1; 
section  revised,  1943,  227  §  3;  subdivision  11  added,  1945,  313  §  3. 
(Sec  1938,  209  §  3;   1943,  227  §§  13,  14;   1945,  313  ^§  4,  5.) 

Sect.  146  revised,  1943,  227  §  4.    (See  1943,  227  §§  13,  14.) 

Sect.  146A  added,  1945,  298  (providing  for  giving  notice  to  hold'Ts 
of  lapsed  industrial  Hfc  insurance  policies  of  non-forfeiture  benefits). 

Sect.  147  amended,  1938,  209  §  2;  repealed,  1943,  227  §  10.  (vSee 
1943,  227  §§  13,  14.) 

Sect.  147A  repealed,  1943,  227  §  10.    (See  1943,  227  §§  13,  14.) 

Sect.  147B  added,  1935,  232  (requiring  foreign  life  insurance  com- 
panies to  provide  for  paid-up  and  extended  term  insurance  and  cash 
surrender  values  on  policies  of  industrial  hfe  insurance  issued  in  the 
commonwealth);  repealed,  1943,  227  §  10.    (See  1943,  227  §§  13,  14.) 

Sect.  150  revised,  1945,  609  §  2. 

Sect.  151,  clause  Second  amended,  1933,  107  §  1;  clause  Second,  sub- 
division (3)  (c)  revised,  1939,  488  §  7;  clause  Second,  subdivision  (3)  (/) 
revised,  1939,  488  §  8.     (See  1939,  488  §  9.) 

Sect.  152A  added,  1941,  716  §  4  (relative  to  the  issue  by  certain 
foreign  mutual  insurance  companies  of  non-assessable  policies);  sen- 
tence added  at  end,  1943,  247  §  3.    (See  1941,  723;   1943,  247  §  4.) 

Sect.  155,  clause  First  revised,  1932,  150  §  2,  amended,  1939,  400  §  2. 
(See  1932,  150  §  4.) 

Sect.  156A  amended,  1933,  30. 

Sect.  157,  paragraph  added  at  end,  1939,  315;  section  revised,  1941, 
451. 

Sect.  160 A  added,  1933,  25  §  1  (prohibiting  the  printing  or  publica- 
tion of  certain  advertisements  for  or  on  behalf  of  unlicensed  insurance 
companies). 

Sect.  160B  added,  1934,  14  §  1  (authorizing  the  commissioner  of  in- 
surance to  publish  certain  information  relative  to  unlicensed  foreign 
insurance  companies  or  societies) . 

Sect.  162,  third  paragraph  revised,  1941,  286. 

Sect.  163,  paragraph  added  at  end,  1941,  502;  same  paragraph  re- 
vised, 1943,  85. 

Sect.  164A  added,  1938,  225  (providing  that  no  insurance  agent  shall 
be  charged  with  a  decrease  or  deduction  from  his  commission  or  salary 
on  account  of  industrial  life  insurance  policies  lapsed  or  surrendered 
after  being  paid  on  for  three  years);  revised,  1943,  226. 

Sect.  167A  amended,  1934,  137  §  3;   1937,  260;   1945,  368. 

Sect.  172,  last  sentence  revised,  1941,  703. 

Sect.  174C  added,  1941,  493  (relative  to  the  qualifications  and 
licensing  of  insurance  agents,  insurance  brokers  and  special  insurance 
brokers). 


1174  Changes  in  the  [Chap.  i7g. 

Sects.  177A-177D  added,  1939,  395  §  1  (defining  and  providing  for 
the  licensing  of  insurance  advisers). 

Sect.  177B,  second  and  third  paragraphs  stricken  out,  and  new  para- 
graph inserted,  1941,  635  §  1;  paragraph  added  at  end,  1941,  635  §  2. 

Sect.  178  amended,  1941,  450  §  2. 

Sect.  179,  sentence  added  at  end,  1939,  472  §  2;  section  revised,  1941, 
452. 

Sect.  180A  stricken  out,  and  new  sections  180A-180L  inserted,  1939, 
472  §  3  (relative  to  the  rehabilitation,  conservation  and  liquidation  of 
certain  domestic  and  foreign  insurers). 

Sect.  181  revised,  1934,  160;  amended,  1939,  395  §  4. 

Sect.  184  amended,  1937,  103. 

Sect.  185,  first  paragraph  amended,  1939,  400  §  3 ;  second  paragraph 
revised,  1932,  150  §  3;  first  and  second  paragraphs  revised,  1941,  654 
§  2;  section  revised,  1943,  238  §  2. 

Sect.  187C,  first  paragraph  amended,  1934,  34;  1936,  215  §  1.  (See 
1936,  215  §  2.) 

Sect.  192,  sentence  added  at  end,  1943,  375  §  2. 

Sect.  193B  added,  1937,  314  (authorizing  the  payment  of  motor 
vehicle  insurance  premiums  in  instalments). 


Chapter  176.  —  Fraternal  Benefit  Societies. 

Sect.  1,  definition  of  "Fraternal  benefit  society"  amended,  1945,  346 
§2. 

Sect.  3  amended,  1941,  336  §  1. 

Sect.  4  amended,  1939,  139. 

Sect.  5  amended,  1933,  25  §  2;  1934,  14  §  2;  1943,  238  §  3. 

Sect.  8  amended,  1945,  346  §  3. 

Sect.  11  amended,  1943,  309  §  1. 

Sect.  12,  first  paragraph  revised,  1941,  310. 

Sect.  13,  first  sentence  amended,  1945,  346  §  4. 

Sect.  13A  added,  1945,  346  §  1  (authorizing  certain  fraternal  benefit 
societies  to  provide  for  hospitalization  and  medical  service  insurance). 

Sect.  14  amended,  1945,  346  §  5.     • 

Sect.  16  amended,  1938,  93. 

Sect.  18  revised,  1941,  336  §  2. 

Sect.  19,  first  sentence  amended,  1945,  346  §  6. 

Sect.  19A  added,  1939,  236  §  1  (relating  to  the  granting  of  annuities 
by  certain  fraternal  benefit  societies). 

Sect.  21  amended,  1934,  170;  revised,  1937,  79;  amended,  1939,  236 
§2. 

Sect.  22  amended,  1941,  336  §  3. 

Sect.  23  amended,  1932,  46;  1938,  94. 

Sect.  24  amended,  1941,  322;  first  sentence  amended,  1945,  329. 

Sect.  25  revised,  1938,  157. 

Sect.  30  amended,  1941,  336  §  4. 

Sect.  31  amended,  1945,  346  §  7. 

Sect.  32  revised,  1943,  309  §  2. 

Sect.  32 A  added,  1943,  74  (providing  a  penalty  for  the  alteration, 
defacement,  mutilation,  destruction  or  concealment  of  any  record  of  a 
fraternal  benefit  society). 

Sect.  36,  first  paragraph  amended;  1941,  336  §  5. 


Chaps.  176A-176C.]  GENERAL  LawS.  1175 

Sect.  37A  added,  1945,  331  (requiring  vouchers,  etc.,  for  certain  dis- 
bursements by  fraternal  benefit  societies). 

Sect.  40,  first  two  sentences  amended,  1932,  180  §  36;  first  para- 
graph amended,  1945,  346  §  8. 

Sect.  41  amended,  1939,  168;   1945,  346  §  9. 

Sect,  42A  added,  1943,  238  §  1  (further  regulating  the  admission  of 
certain  foreign  fraternal  benefit  societies  to  transact  business  within  the 
commonwealth). 

Sect.  45,  second  sentence  amended,  1939,  254  §  1;  paragraph  added 
after  first  paragraph,  1943,  309  §  3;  second  paragraph  amended,  1932, 
104. 

Sect.  46,  fifth  paragraph  amended,  1939,  254  §  2;  paragraph  inserted 
after  third  paragraph,  1941,  274;  three  sentences  added  at  end  of  para- 
graph so  inserted,  1943,  86. 

Sect.  46B  added,  1932,  47  §  1  (authorizing  certain  fraternal  benefit 
societies  to  acquire,  hold,  manage  and  dispose  of  real  property,  and 
confirming  title  to  such  property  heretofore  acquired  bj'-  certain  of  such 
societies). 

Sect.  46C  added,  1941,  397  (permitting  certain  fraternal  benefit  so- 
cieties to  contract  with  insurance  companies  for  the  payment  of  benefits). 

Sect.  46D  added,  1945,  506  (authorizing  grand  or  district  lodges  of 
certain  secret  orders  or  fraternities  to  pay  a  limited  amount  of  death 
or  funeral  benefits). 


Chapter  176A.  —  Non-Profit  Hospital  Service  Corporations. 

New  chapter  inserted,  1936,  409. 

Sect.  2,  second  sentence  amended,  1939,  312  §  7. 

Sect.  3  amended,  1939,  312  §  1. 

Sect.  4  amended,  1939,  312  §  2. 

Sect.  5  revised,  1939,  312  §  3. 

Sect.  7  amended,  1939,  312  §  4. 

Sect.  9  revised,  1939,  312  §  5. 

Sect.  11  added,  1939,  312  §  6  (relative  to  the  payment  of  salaries, 
compensation  or  emoluments  by  certain  non-profit  hospital  service  cor- 
porations). 

Sect.  12  added,  1943,  424  §  5  (relative  to  deductions  from  salaries 
of  state,  county  and  municipal  employees  of  amounts  payable  under 
contracts  issued  by  non-profit  hospital  service  corporations). 


Chapter  176B.  —  Medical  Service  Corporations. 

New  chapter  inserted,  1941,  306. 

Sect.  16A  added,  1943,  424  §  6  (relative  to  deductions  from  salaries 
of  state,  county  and  municipal  employees  of  amounts  payable  under 
certificates  issued  by  certain  medical  service  corporations). 


Chapter  176C.  —  Non-Profit  Medical  Service  Plans. 

New  chapter  inserted,  1941,  334. 

Sect.  16A  added,  1943,  424  §  7  (relative  to  deductions  from  salaries 
of  state,  county  and  municipal  employees  of  amounts  payable  under 
contracts  issued  by  certain  medical  service  corporations). 


1176  Changes  in  the  [Chaps.  178-182. 


Chapter  178.  —  Savings  Bank  Life  Insurance. 

For  legislation  relative  to  the  computation  of  the  reserve  liability  with 
respect  to  life  insurance  policies  issued  by  savings  and  insurance  banks 
and  to  the  non-forfeiture  benefits  under  such  policies,  see  1943,  227. 

Sect.  10  amended,  1935,  330  §  1. 

Sect.  11  amended,  1935,  330  §  2. 

Sect.  IIA  added,  1935,  330  §  3  (relative  to  non-payment  of  pre- 
miums on  annuitv  and  certain  other  contracts). 

Sect.  15  amended,  1935.  330  §  4;  1936,  285  §  1. 

Sect.  17  revised,  1935,  330  §  5;   1939,  391  §  1.    (See  1939,  391  §  2.) 

Sect.  18  amended,  1943,  210  §  1. 

Sect.  18A  added,  1943,  210  §  2  (relative  to  payments  to  the  general 
insurance  guaranty  fund). 

Sect.  19  amended,  1935,  330  §  6. 

Sect.  21  revised,  1935,  330  §  7;  amended,  1936,  285  §  2. 

Sect.  26  revised,  1932,  103. 

Sect.  29  amended,  1936,  285  §  3;  revised,  1941,  108  §  1. 

Sect.  30  amended,  1936,  285  §  4. 

Sect.  31  revised,  1941,  108  §  2. 


Chapter    179.  —  Proprietors   of   V/harves,    Real    Estate   lying   in    Common, 

and  General  Fields. 

Sect.  3  revised,  1943,  130  §  1.    (See  1943,  130  §  2.) 


Chapter  180.  —  Corporations  for  Charitable  and  Certain  Other  Purposes. 

Sect.  3  amended,  1943,  549  §  5. 

Sect.  5  amended,  1934,  328  §  21. 

Sect.  10  amended,  1932,  180  §  37;  revised,  1937,  151  §  1;  1943,  549 
§6. 

Sect.  11  revised,  1937,  151  §  2. 

Sect.  12A  amended,  1935,  246. 

Sect.  26A  added,  1933,  236  §  1  (requiring  the  filing  of  annual  returns 
by  certain  incorporated  clubs  and  other  corporations);  amended,  1945, 
225.     (See  1933,  236  §  2.) 

Sect.  27  amended,  1934,  328  §  22. 


Chapter  181.  —  Foreign  Corporations. 

Sect.  3  revised,  1943,  459  §  4. 

Chapter  182.  —  Voluntary  Associations  and  Certain  Trusts. 

Sect.  3  amended,  1945,  649  §  1. 
Sect.  4  amended,  1945,  649  §  2. 
Sect.  7  amended,  1945,  649  §  3. 
Sect.  8  amended,  1945,  649  §  4. 
Sect.  9  amended,  1945,  649  §  5. 


Chaps.  183-190.1  GENERAL   LaWS.  1177 


Chapter  183.  —  Alienation  of  Land. 

Sect.  4  revised,  1941,  85. 

Sect.  43  amended,  1937,  101  §  1. 

Sect.  44  amended,  1937,  101  §  2. 

Chapter  184.  —  General  Provisions  relative  to  Real  Property. 

Sect.  13  amended,  1937,  112;  revised,  1937,  245  §  1;  first  paragraph 
amended,  1943,  52  §  1.    (See  1937,  245  §  2;   1943,  52  §  2.) 
Sect.  15  amended,  1941,  88  §  1.     (See  1941,  88  §  2.) 
Sect.  17A  added,  1939,  270  (relative  to  the  effect  of  agreements  for 
the  purchase  and  sale  of  real  estate). 

Chapter   185.  —  The   Land    Court   and    Registration   of  Title   to   Land. 

Sect.  1,  clause  (6)  revised,  1935,  318  §  3;  clause  (c)  revised,  1935, 
318  §  4;  clause  (pA)  added,  1934,  263  §  1  (granting  to  land  court 
exclusive  original  jurisdiction  to  determine  by  declaratory  judgment 
the  validity  and  extent  of  municipal  zoning  ordinances,  by-laws  and 
regulations);  clause  (k)  revised,  1934,  67  §  1;  clauses  (I)  and  (m) 
added,  1935,  318  §  5  (granting  to  said  court  original  jurisdiction  con- 
current with  supreme  judicial  and  superior  courts  of  certain  suits  in 
equity);  paragraph  in  hnes  44-50,  inclusive,  revised,  1937,  183  §  1. 
(See  1934,  67  §  2;  1935,  318  §  8;  1937,  183  §  2.) 

Sect.  2  amended,  1937,  409  §  3.     (See  1937,  409  §  7.) 

Sect.  2A  repealed.  1937,  409  §  4.     (See  1937,  409  §  7.) 

Sect.  12,  sentence  added  at  end,  1941,  27;  section  revised,  1943,  29. 

Sect.  25A  added,  1933,  55  (relative  to  the  power  of  the  land  court 
to  enforce  its  orders  and  decrees,  and  relative  to  service  of  its  processes). 

Sect.  40  amended,  1937,  118. 

Sect.  78  amended,  1937,  144  §  1.     (See  1937,  144  §  2.) 

Chapter  186.  —  Estates  for  Years  and  at  Will. 

Sect.  15  added,  1945,  445  §  1  (making  void  certain  provisions  of 
leases  and  rental  agreements  pertaining  to  real  property).  (See  1945, 
445  §  2.) 

Chapter  188.  —  Homesteads. 

Sect.  1  amended,  1939,  32  §  1.     (See  1939,  32  §  5.) 
Sect.  9  amended,  1939,  32  §  2.     (See  1939,  32  §  5.) 

Chapter  189.  —  Dower  and  Curtesy. 

Sect.  3  revised,  1936,  91  §  1.     (See  1936,  91  §  2.) 

Chapter  190.  —  Descent  and  Distribution  of  Real  and  Personal  Property. 

Sect.  1,  paragraph  (1)  amended,  1945,  238  §  1.    (See  1945,  238  §  2.) 
Sect.  7  amended,  1943,  72  §  1. 


1178  ('HANGE8   IN   THE  [Chaps.  190A-201. 


Chapter  190A.  —  Effect  of  Apparently  Simultaneous  Deaths  upon  Devolu- 
tion and  Disposition  of  Property,  including  Proceeds  of  Insurance. 

New  chapter  inserted,  1941,  549  §  1.     (See  1941,  549  §  2.) 

Chapter  192.  —  Probate  of  Wills  and  Appointment  of  Executors. 

Sect.  1A  added,  1934,  113  (requiring  that  the  attorney  general  be 
made  a  party  in  certain  proceedings  relative  to  the  probate  of  wills). 

Sect.  IB  added,  1945,  338  §  1  (providing  for  a  guardian  ad  litem 
when  the  surviving  spouse  of  the  deceased  is  under  disability). 

Sect.  7.    See  1937,  408  §  3. 


Chapter  193.  —  Appointment  of  Administrators. 

Sect.  3  amended,  1938,  328. 
Sect.  12  amended,  1945,  349  §  1. 

Chapter  194.  —  Public  Administrators. 

Sect.  7  revised,  1933,  100. 

Sect.  9,  last  sentence  amended,  1932,  180  §  38;    section  affected, 
1932,  180  §  45. 
Sect.  10.    See  1936,  428. 

Chapter  195.  —  General  Provisions  relative  to  Executors  and  Administrators. 

Sects.  1-4  repealed,  1933,  221  §  1.     (See  1933,  221  §  8.) 

Sect.  7  revised,  1945,  349  §  2. 

Sect.  8  amended,  1933,  221  §  2.     (See  1933,  221  §  8.) 

Chapter  196.  —  Allowances  to  Widows  and  Children,  and  Advancements. 

Sect.  2  amended,  1933,  36;  revised,  1936,  214. 

Chapter    197.  —  Payment    of    Debts,    Legacies    and    Distributive    Shares. 

Sect.  2  amended,  1933,  221  §  3.     (See  1933,  221  §  8.) 

Sect.  2A  added,  1939,  298  (establishing  limitations  applicable  to  suits 

against,  and  regulating  the  payments  of  debts  by,  administrators  de 

bonis  non). 
Sect.  9  amended,  1933,  221  §  4.     (See  1933,  221  §  8.) 

Chapter  200.  —  Settlement  of  Estates  of  Absentees. 

Sect.  12  revised,  1941,  399  §  1. 

Sects.  13  and  14  stricken  out  and  new  section  13  inserted,  1941, 
399  §  2. 

Chapter  201.  —  Guardians  and  Conservators. 

Sect.  1  amended,  1945,  728  §  1.  (See  1945,  728  §  4.) 
Sect.  6  amended,  1941,  194  §  13. 
Sect.  7  amended,  1941,  194  §  14. 


Chaps.  202-203A.]  GENERAL  T.AWS.  1179 

Sect.  13,  sentence  added  at  end,  1934,  204  §  1;  section  amended, 
1941,  194  §  15. 

Sect.  13 A  added,  1941,  325  (providing  for  the  removal  of  a  per- 
manent guardian  of  an  insane  person). 

Sect.  14  amended,  1941,  194  §  16. 

Sect.  16  revised,  1945,  728  §  2.     (See  1945,  728  §  4.) 

Sect.  18,  new  sentence  added  at  end,  1934,  204  §  2. 

Sect.  20,  see  1945,  338  §  3. 

Sect.  21  revised,  1945,  728  §  3.    (See  1945,  728  §  4.) 

Sect.  30  amended,  1939,  57. 

Sect.  39A  added,  1936,  270  (authorizing  payments  from  estates  of 
minors  under  guardianship  for  expenses  for  the  funerals  of  the  parents 
in  certain  cases). 

Sect.  45,  sentence  added  at  end,  1945,  338  §  2. 

Sect.  47A  added,  1937,  312  §  1  (permitting  guardians  and  conser- 
vators to  invest  funds  in  certain  insurance  poUcies  and  annuity  con- 
tracts). 

Sect.  48A  revised,  1941,  241. 


Chapter  202.  —  Sales,  Mortgages  and  Leases  of  Real  Estate  by  Elxecutorsr 
Administrators,   Guardians  and  Conservators. 

Sect.  4A  added,  1933,  129  (relative  to  the  use  and  management  of 
real  estate  of  a  decedent  by  his  executor  or  administrator  for  the  pur- 
pose of  the  payment  of  debts  from  the  rents  thereof). 
Sect.  12  amended,  1941,  194  §  17. 
Sect.  14  amended,  1934,  157  §  1. 
Sect.  19  amended,  1941,  341  §  1.     (See  1941,  341  §  2.) 
Sect.  20  revised,  1933,  221  §  5.     (See  1933,  221  §  8.) 
Sect.  36  added,  1945,  418  §  1  (relative  to  sales,  mortgages  and  leases 
by  guardians  and  conservators  of  wards  holding  real  estate  under  ten- 
ancies by  the  entirety).     (See  1945,  418  §  2.) 


Chapter  203.  —  Trusts. 

Sect.  13  revised,  1943,  201  §  1.     (See  1943,  201  §  3.) 

Sect.  16  amended,  1934,  157  §  2. 

Sect.  17A  added,  1932,  50  (relative  to  the  sale  of  real  estate  by 
foreign  testamentary  trustees). 

Sect.  22  amended,  1936,  184  §  1.     (See  1936,  184  §  2.) 

Sects.  24A  and  24B  added,  under  caption  "salvage  operations 
OF  trustees",  1943,  389  §  1.    (See  1943,  389  §  2.) 

Sect.  25A  added,  under  the  heading  "purchase  of  insurance 
POLICIES  OR  ANNUITY  CONTRACTS",  1937,  312  §  2  (permitting  trustees 
to  invest  funds  in  certain  insurance  policies  and  annuity  contracts). 

Chapter  203A.  —  Collective   Investment  of  Small  Trust  Funds. 

New  chapter  inserted,  1941,  474. 

Sect.  11  added,  1945,  67  (making  redeemable  obligations  of  the 
United  States  eligible  investments  for  common  trust  funds). 


1180  Changes  in  the  [Chaps.  204-207. 


Chapter  204.  —  General  Provisions  relative  to  Sales,  Mortgages,  Releases, 
Compromises,  etc.,   by  Executors,  etc. 

Sect.  26  amended,  1933,  221  §  6.     (See  1933,  221  §  8.) 
Sects.  27-36  added,  1943,  152  (authorizing  releases  and  disclaimers 
of  powers  of  appointment  and  providing  for  the  methods  of  releasing 
and  disclaiming  the  same). 

Sect.  37  added,  1943,  201  §  2  (authorizing  the  resignation  of  fidu- 
ciaries by  their  guardians,  conservators  or  committees,  or  other  like 
officers,  acting  in  their  behalf). 

Chapter  205.  —  Bonds  of  Executors,  Administrators,  Guardians,  Conserve-. 
tors,   Trustees  and   Receivers. 

Sect.  4  amended,  1941,  45  §  1. 
Sect.  5  amended,  1941,  45  §  2. 

Chapter   206.  —  Accounts  and   Settlements   of   Executors,   Administrators, 
Guardians,   Conservators,   Trustees  and  Receivers. 

Sect.  7  amended,  1941,  194  §  18. 
Sect.  16  amended,  1941,  36. 
Sect.  17  amended,  1936,  208. 
Sect.  19  repealed,  1938,  154  §  2. 
Sect.  23  repealed,  1938,  154  §  2. 
Sect.  24  revised,  1938,  154  §  1. 

Chapter  207.  —  Marriage. 

Sect.  5  amended,  1941,  194  §  18A. 

Sect.  7  revised,  1941,  270  §  1. 

Sect.  17  amended,  1945,  185. 

Sect.  20  amended,  1933,  127;  sentence  inserted  after  the  word  "resi- 
dence" in  line  18,  1943,  561  §  3. 

Sect.  20A  added,  1939,  269  §  3  (relative  to  the  duties  of  city  and 
town  clerks  in  the  case  of  the  filing  of  notices  of  intention  of  marriage  of 
pregnant  females). 

Sect.  20B  added,  1941,  601  §  1  (requiring  pre-marital  physical 
examination);  first  paragraph  amended,  1941,  697  §  1;  second  para- 
graph stricken  out  and  three  paragraphs  inserted,  1941,  697  §  2;  re- 
pealed, 1943,  561  §  2.    (See  1941,  697  §  3.) 

Sect.  21,  paragraph  added  at  end,  1943,  168  §  2. 

Sect.  28  amended,  1941,  601  §  2.    (See  1941,  601  §  4.) 

Sect.  28A  added,  1943,  561  §  1  (further  regulating  pre-marital  ex- 
aminations) . 

Sect.  30  amended,  1937,  11  §  1;  1945,  214  §  1.  (See  1937,  11  §  2; 
1945,  214  §  2.) 

Sect.  33  amended,  1941,  270  §  2. 

Sect.  38  revised,  1932,  162. 

Sect.  47A  added,  under  heading  "breach  of  contract  to  marry 
NOT  actionable",  1938,  350  §  1  (abolishing  causes  of  action  for  breach 
of  contract  to  marry).     (See  1938,  350  §  3.) 

Sect.  52  revised,  1943,  312  §  1.    (See  1943,  312  §  2.) 

Sect.  57  amended,  1941,  601  §  3.    (See  1941,  601  §  4.) 


Chaps.  208-212.]  GENERAL  LaWS.  1181 


Chapter  208.  —  Divorce. 

Sect.  2  revised,  1937,  76  §  1.     (See  1937,  76  §  2.) 

Sects.  9-11  revised,  1943,  196  §  1.    (See  1943,  196  §  2.) 

Sect.  19  revised,  1932,  3. 

Sect.  21,  sentence  added  at  end,  1934,  181  §  1.    (See  1934,  181  §  2  ) 

Sect.  24  amended,  1943,  168  §  1. 

Sect.  33  revised,  1936,  221  §  1.     (See  1936,  221  §  2.) 

Sect.  38  revised,  1933,  288. 

Chapter  209.  —  Husband  and  Wife. 

Sect.  21  amended,  1939,  32  §  3.     (See  1939,  32  §  5.) 
Sect.  32,  sentence  added  at  end,  1938,  136. 
Sect.  33  revised,  1933,  360. 


Chapter  210.  —  Adoption  of  Children  and   Change  of  Names. 

Sect.  1  amended,  1941,  44. 
_  Sect.  3  amended,  1941,  61;   1945,  239;  revised,  1945,  300. 
^Sect.  6,  paragraph  added  at  end,  1943,  155  §  1. 

Sect.  13,  paragraph  added  at  end,  1943,  155  §  2. 

Chapter  211.  —  The  Supreme  Judicial   Court. 

Sect.  4  amended,  1945,  465. 

Sect.  11  revised,  1933,  300  §  1.     (See  1933,  300  §  4.) 

Sect.  19  revised,  1938,  115  §  1. 

Chapter  212.  —  The  Superior  Court. 

For  act  further  extending  to  December  31,  1947,  the  operation  of  cer- 
tain provisions  of  law  (1923,  469,  as  amended)  relative  to  the  more 
prompt  disposition  of  criminal  cases  in  the  superior  court,  see  1945,  152. 

For  act  relative  to  sittings  and  sessions  of  the  superior  court,  see 
1932,  144.    (For  prior  temporary  legislation,  see  1927,  306;   1928,  228.) 

Sect.  14  revised,  1932,  144  §  1.  (For  prior  temporary  legislation 
see  1927,  306;   1928,  228.) 

Sect.  14A  added,  1932,  144  §  2  (regulating  the  establishing  of  sessions 
and  sittings  of  the  superior  court).  (For  prior  temporary  legislation 
see  1927,  306;  1928,  228.) 

Sects.  15-18  repealed,  1932,  144  §  3. 

Sect.  22  amended,  1934,  287;  1943,  145  §  1;  sentence  added  at  end 
1943,  244  §  3.     (See  1943,  145  §  2.) 

Sect.  24  amended,  1943,  244  §  4. 

Sect.  25  amended,  1932,  144  §  4. 

Sect.  26A  added,  1935,  229  §  1  (providing  for  the  transfer  from  the 
superior  court  to  the  land  court  of  certain  actions  at  law  and  suits  in 
equity  where  any  right,  title  or  interest  in  land  is  involved),  (See  1935 
229  §  2.) 


1182  Changes  in  the  [Cuaps.  213-217. 


Chapter  213.  —  Provisions  Common  to  the  Supreme  Judicial  and  Superior 

Courts. 

Sects.  1A  and  IB  added,  1939,  257  §  1  (granting  to  the  superior  court 
jurisdiction  of  certain  extraordinary  writs  and  certain  other  matters, 
concurrently  with  the  supreme  judicial  court).    (See  1939,  257  §  2.) 

Sect.  1A  amended,  1941,  28,  180. 

Sects.  IC  and  ID  added,  1943,  374  §  4  (providing  for  changing  a 
petition  for  certiorari  into  a  petition  for  mandamus  and  vice  versa  and 
providing  for  appeals  from  judgments  upon  such  petitions). 

Sect.  3,  clause  Tenth  A  revised,  1945,  582  §  2  (see  1945,  582  §§4, 
5) ;  clause  Tenth  B  added,  1943,  374  §  3  (providing  for  the  presentation 
at  hearings  upon  petitions  for  certiorari  of  evidence  at  proceedings 
complained  of  in  such  petitions). 

Sect.  6  amended,  1932,  144  §  5. 

Chapter  214,  —  Equity  Jurisdiction  and  Procedure  in  the  Supreme  Judicial 

and  Superior  Courts. 

Sect.  1  amended,  1935,  407  §  2.  (See  1935,  407  §  6;  1937,  436  §  10; 
G.  L.  150A  §  6  (h)  inserted  by  1938,  345  §  2.) 

Sect.  2.    Affected,  1939,  257  §  2. 

Sect.  3,  clause  (12)  added  at  end,  1939,  194  §  1. 

Sect.  9  amended,  1934,  381;  1935,  407  §  3.  (See  1935,  407  §  6;  1937, 
436  §  10;  G.  L.  150A  §  6  (h)  inserted  by  1938,  345  §  2.) 

Sect.  9A  added,  1935,  407  §  4  (hmiting  authority  of  courts  to  grant 
injunctive  relief  in  cases  involving  or  growing  out  of  labor  disputes). 
(See  1935,  407  §  6;  1937,  436  §  10;  G.  L.  150A  §  6  (h)  inserted  by  1938, 
345  §  2.) 

Sect.  23  revised,  1945,  394  §  1.     (See  1945,  394  §  2.) 

Chapter  215.  —  Probate  Courts. 

Sect.  6  amended,  1933,  237  §  1;  revised,  1937,  257;  amended,  1939, 
194  §  2. 

Sect.  6B  added,  1935,  247  §  1  (providing  for  interpretative  judg- 
ments in  the  probate  courts  as  to  the  meaning  of  written  instruments) ; 
repealed,  1945,  582  §  3.    (See  1935,  247  §  2;   1945,  582  §  5.) 

Sect.  9,  sentence  added  at  end,  1945,  469  §  1.     (See  1945,  469  §  2.) 

Sect.  30A  amended,  1934,  330. 

Sect.  44,  last  sentence  revised,  1941,  323  §  1;  section  amended,  1943, 
91.     (See  1941,  323  §  2.) 

Sect.  61  repealed,  1939,  65  §  1.     (See  1939,  65  §  2.) 

Sect.  62,  paragraph  in  lines  17-20  revised,  1932,  107;  1936,  241; 
paragraph  in  lines  29-33  revised,  1934,  24;  paragraph  in  lines  34-37 
amended,  1934,  54;  same  paragraph  revised,  1934,  175  §  1;  paragraph 
in  lines  45-51  revised,  1935,  132;  paragraph  in  lines  56  and  57  revised, 
1933,  274.     (See  1934,  175  §  2.) 

Chapter  217.  —  Judges  and  Registers  of  Probate  and   Insolvency. 

For  legislation  relative  to  abolition  of  office  of  special  judge  of  pro- 
bate and  insolvency  on  the  death,  resignation  or  removal  of  the  incum- 
bent, see  1937,  408  §  8. 


Chap.  218.]  GENERAL   LaWS.  1183 

Sect.  1  amended,  1935,  434  §  1. 

Sect.  2  amended,  1934,  290;  1935,  434  §  2. 

Sects.  5  and  6  stricken  out  and  new  sections  5,  5A,  6,  6A  inserted, 
1937,  408  §  3.     (See  1937,  408  §  9.) 

Sect.  7,  sentence  added  at  end,  1937,  408  §  4.    (See  1937,  408  §§  3,  9.) 

Sect.  8  revised,  1937,  408  §  5.     (See  1937,  408  §  9.) 

Sect.  24  amended,  1943,  464  §  1.    (See  1943,  464  §  2.) 

Sect.  24A  revised,  1939,  392. 

Sect.  25A  added,  1945,  475  §  1  (providing  for  a  permanent  third 
assistant  register  of  probate  for  the  county  of  Essex).  (See  1945,  475 
§2.) 

Sect.  30  revised,  1935,  143  §  1;*  1935,  313  §  1;  1936,  252  §  1;  1941, 
226  §  1.     (See  1935,  313  §  3;  1936,  252  §  2;  1941,  226  §  2.) 

Sect.  31 A  added,*  1935,  313  §  2  (providing  for  the  appointment  of  a 
messenger  for  the  probate  court  of  Essex  county).    (See  1935,  313  §  3.) 

Sect.  34  revised,  1937,  408  §  1.     (See  1937,  408  §  9.) 

Sect.  38  repealed,  1937,  408  §  2. 

Sect.  40  revised,  1937,  408  §  6.     (See  1937,  408  §  9.) 

Sect.  41  amended,  1937,  408  §  7;   1941,  503.    (See  1937,  408  §§  8,  9.) 

Chapter  218.  —  District  Courts. 

For  act  further  extending  to  December  31,  1947,  the  operation  of  cer- 
tain provisions  of  law  (1923,  469,  as  amended)  authorizing  certain 
justices  of  district  courts  to  sit  in  criminal  cases  in  the  superior  court, 
see  1945,  152. 

For  legislation  limiting  the  number  of  special  justices  of  certain  dis- 
trict courts,  see  1941,  664. 

Sect.  1,  first  paragraph  under  caption  ^'Franklin"  revised,  1932, 
87  §  1;  section  amended,  1939,  451  §  59. 

Sect.  6,  first  paragraph  revised,  1941,  664  §  1;  second  paragraph 
revised,  1945,  611.     (See  1941,  664  §§  2,  3.) 

Sect.  8  revised,  1936,  282  §  1.     (See  1936,  282  §  3.) 

Sect.  9,  sentence  added  at  end,  1934,  217  §  1. 

Sect.  10  amended,  1932,  160  §  1;  1937,  297  §  1;  1938,  193  §  1;  last 
paragraph  revised,  1938,  222  §  1;  paragraph  added  at  end,  1941,  309  §  1. 
(See  1937,  297  §  2;   1938,  193  §  2,  222  §  2.) 

Sect.  13  revised,  1937,  59;  first  paragraph  stricken  out,  1939,  157  §  1. 
(See  1939,  157  §  4.) 

Sect.  15  revised,  1939,  230  §  1,  347  §  1.     (See  1939,  230  §  2.) 

Sect.  16  revised,  1937,  219  §  3;  1939,  214  §  5. 

Sect.  19  amended,  1934,  387  §  1;  1943,  296  §  1.  (See  1934,  387  §  5; 
1943,  296  §  6,  437.) 

Sect.  22  amended,  1937,  310. 

Sect.  26  revised,  1937,  301  §  1;  1938,  365  §  1.  (See  1937,  301  §  2; 
1938,  365  §  2.) 

Sect.  29  amended,  1932,  55. 

Sect.  30  amended,  1941,  194  §  19. 

Sect.  35A  added,  1943,  349  §  1  (providing  that  certain  persons  against 
whom  complaints  are  made  in  district  courts  may  be  given  an  oppor- 
tunity to  be  heard  before^issaance  of  process);  revised,  1945,  293. 
(See  1943,  349  §  2.)  ^ 

*  Void  for  non-acceptance. 


1184  Changes  in  'i^he  [Chai-s.  219-221. 

Sect.  37  amended,  1945,  250  §  1. 
Sect.  38,  second  sentence  revised,  1939,  347  §  2. 
Sect.  43  amended,  1939,  347  §  3. 

Sect.  43A,  first  paragraph  amended,  1938,  324;  section  revised,  1941, 
682  §  1;  first  paragraph  amended,  1943,  101.    (See  1941,  682  §§  lA,  2.) 
Sect.  53,  paragraph  added  after  the  first  paragraph,  1936,  230. 
Sect.  58  revised,  1936,  282  §  2.     (See  1936,  282  §  3.) 
Sect.  62  amended,*  1932,  235  §  1;  revised,*  1932,  247  §  1;  amended, 

1935,  71  §  1;  1937,  298;  revised,  1939,  305;    amended,  1941,  309  §  3, 
348;   1945,  294.     (See  1935,  71  §  2.) 

Sect  63  revised   1935  341. 

Sect.'  76  amended,  1932,  269  §  1;  1935,  366  §  1;  1937,  378  §  1;  re- 
vised, 1939,  451  §  60;  amended,  1945,  476  §  1.  (See  1935,  366  §  3; 
1945,  476  §  2.) 

Sect.  77  revised   1937  294. 

Sect!  79  amended,  1941,  309  §  2;  revised,  1941,  447  §  2;  amended, 
1943,  136  §  2.     (See  1941,  447  §§  4,  5;  1943,  136  §  3.) 

Sect.  80,  sentence  added  at  end,  1935,  366  §  2;    section  amended, 

1936,  229  §  1;  1937,  378  §  2;  revised,  1941,  447  §  3.    (See  1935,  366  §  3; 
1936,  229  §  2;  1941,  447  §§  4,  5.) 

Sect.  81  revised,  1939,  296  §  1.     (See  1939,  296  §  3.) 
Sect.  82A  added,  1945,  486  §  1  (relative  to  salaries  of  court  officers 
of  the  municipal  court  of  the  city  of  Boston).    (See  1945,  486  §  3.) 


Chapter  219.  —  Trial  Justices. 

Sect.  28  amended,  1934,  328  §  23. 


Chapter  220.  —  Courts  and  Naturalization. 

Sects.  13A  and  13B  added,  1935,  407  §  5  (regulating  procedure  in 
trials  for  contempt  arising  out  of  disobedience  to  decrees  or  process  of 
courts  in  labor  dispute  cases).  (See  1935,  407  §  6;  1937,  436  §  10; 
G.  L.  150A  §  6  (h)  inserted  by  1938,  345  §  2.) 

Sect.  14A  added,  1936,  206  §  1  (relative  to  the  time  within  which 
certain  justices  shall  render  their  decisions).    (See  1936,  206  §  2.) 

Sects.  16  and  17  repealed,  1932,  144  §  3. 

Sect.  19  repealed,  1932,  16. 


Chapter  221.  —  Clerks,   Attorneys  and  Other  Officers  of  Judicial   Courts. 

Sect.  4  amended,  1935,  89  §  1;  1937,  158  §  1;  1943,  336  §  1.  (See 
1935,  89  §  2;  1937,  158  §  2;  1943,  336  §  3.) 

Sect.  5  amended,  1932,  51;  1943,  336  §  2.     (See  1943,  336  §  3.) 

Sect.  12  revised,  1937,  219  §  4;  1939,  214  §  6. 

Sect.  24  revised,  1936,  31  §  3. 

Sect.  27  revised,  1939,  157  §  2.     (See  1939,  157  §  4.) 

Sect.  27A  added,  1939,  157  §  3  (relative  to  the  disposal  of  certain 
obsolete  and  useless  papers  of  courts);  revised,  1945,  323  §  1.  (See 
1939,  157  §  4;   1945,  323  §  2.) 

Sect.  36  amended,  1945,  157. 

*  Void  for  non-acceptance. 


Chai".  223.]  General  Laws.  1185 

Sect.  36A  added,  1945.  261  (relative  to  educational  requirements 
for  admission  to  the  bar  of  persons  serving  in  the  armed  forces  in  World 
War  II). 

Sect.  43  revised,  1939,  197  §  1. 

Sects.  44A  and  44B  added,  1939,  197  §  2  (prohibiting  employees  and 
other  persons  connected  with  hospitals  from  furnishing  certain  infor- 
mation about  certain  personal  injury  cases  to  attorneys  at  law). 

Sect.  44 A  amended,  1943,  293. 

Sect.  46  revised,  1935,  346  §  1. 

Sects.  46A  and  46B  added,  1935,  346  §  2  (prohibiting  individuals  not 
members  of  the  bar  from  practising  law  or  attempting  so  to  do  and  pro- 
viding a  means  of  restraining  unauthorized  practice  of  law). 

Sect.  47  repealed,  1935,  346  §  3. 

Sect.  49  repealed,  1935,  346  §  3. 

Sect.  50  stricken  out,  and  sections  50,  50A,  50B  inserted,  1945,  397 
§  1.    (See  1945,  397  §  3.) 

Sect.  53  amended,  1939,  151. 

Sect.  58  amended,  1932,  40  §  1. 

Sect.  60  repealed,  1932,  40  §  2. 

Sect.  63  amended,  1939,  6  §  1.     (See  1939,  6  §§  2,  3.) 

Sect.  73  revised,  1935,  182  §  2;  1938,347  §  2;  1941,  448  §  1;  1945, 
388  §  1.  (See  1935, 182  §§  5,  6;  1938,  347  §  3;  1941,  448  §  3;  1945,  388 
§3.) 

Sect.  73A  added,  1938,  347  §  2;  amended,  1941,  448  §  2;  repealed, 
1945,  388  §  2.    (See  1938,  347  §  3;   1941,  448  §  3.) 

Sect.  76  revised,  1935,  182  §  3;  first  sentence  stricken  out  and  two 
new  sentences  added,  1939,  258  §  1;  second  and  third  sentences  revised, 
1939,  165  §  2.    (See  1935,  182  §§  5,  6;   1939,  165  §  3,  258  §  2.) 

Sect.  76A  added,  1945,  179  §  1  (providing  for  the  appointment  of 
an  assistant  messenger  of  the  superior  court  in  Suffolk  county). 

Sect.  80  amended,  1935,  182  §  4.     (See  1935,  182  §  6.) 

Sect.  93  amended,  1945,  515. 

Sect.  94,  first  sentence  amended,  1932,  180  §  39. 


Chapter  223.  —  Commencement  of  Actions,  Service  of  Process. 

Sect.  2  revised,  1934,  387  §  2;  last  sentence  of  first  paragraph  revised, 
1943,  296  §  2.   (See  1934,  387  §  5;  1943,  296  §  6,  437.) 

Sect.  2A  added,  1935,  483  §  1  (providing  for  trial  together  of  two  or 
more  actions  arising  out  of  the  same  motor  vehicle  accident  pending  in 
district  courts).  (See  1935,  483  §§  2,  3.)  Section  stricken  out  and  new 
sections  2A-2C  inserted,  1943,  369  §  1  (relative  to  the  trial  and  disposi- 
tion of  certain  actions  and  proceedings  pending  in  different  courts). 
(See  1943,  369  §  2.) 

Sect.  2B  amended,  1945,  373  §  1.    (See  1945,  373  §  2.) 

Sect.  24  amended,  1938,  115  §  2. 

Sect.  37,  last  sentence  stricken  out  and  new  paragraph  added  at 
end,  1945,  306  §  1.     (See  1945,  306  §  2.) 

Sect.  38  amended,  1939,  451  §  61. 

Sect.  42  amended,  1937,  295  §  1. 

Sect.  42A  added,  1943,  234  §  1  (relative  to  the  amount  for  which 
attachments  may  be  made  on  liquidated  claims).    (See  1943,  234  §  3.) 


1186  Changes  in  the  [Chm-s.  224-230. 

Sect.  44A  added,  1937,  295  §  2  (further  regulating  the  attachment  of 

motor  vehicles  on  mesne  process  in  actions  of  contract). 

Sect.  48  revised,  1937,  308;    amended,  1938,  348  §  1.     (See  1938, 

348  §  2.) 

Sect.  74  revised,  1943,  298  §  1.  (See  1943,  298  §  10.) 
Sect.  75  revised,  1943,  298  §  2.  (See  1943,  298  §  10.) 
Sect.  76  revised,  1943,  298  §  3.  (See  1943,  298  §  10.) 
Sect.  78  revised,  1943,  298  §  4.     (See  1943,  298  §  10.) 

^  Sect.  79  revised,  1943,  298  §  5.     (See  1943,  298  §  10.) 
"  Sect.  80  revised,  1943,  298  §  6.     (See  1943,  298  §  10.) 

L  Sect.  81  revised,  1943,  298  §  7.     (See  1943,  298  §  10.) 

_  Sect.  82  revised,  1943,  298  §  8.     (See  1943,  298  §  10.) 

Sect.  83A  added,  1943,  298  §  9  (providing  that  sections  74-83   shall 

not  apply  to  conditional  sales,  notices  of  which  are  recordable  under 

G.  L.  184  §  13).     (See  1943,  298  §  10.) 

Sect.  114  amended,  1938,  325  §  1;  revised,  1943,  234  §  2.    (See  1938, 

325  §  2;   1943,  234  §  3.) 

Sect.  114A  added,  1945,  339  §  1  (relative  to  the  dissolution  of  certain 

real  estate  attachments  by  operation  of  law).    (See  1945,  339  §  2.) 

Chapter  224.  —  Arrest  on  Mesne  Process  and  Supplementary  Proceedings 

in  Civil  Actions. 

Sect.  12  amended,  1945,  101  §  1. 

Sect.  16  amended,  1943,  292  §  1.  (See  1943,  292  §  2.) 

Chapter  226.  —  Bail. 

Sect.  23  amended,  1945,  101  §  2. 

Chapter  228.  —  Survival  of  Actions  and  Death  and  Disabilities  of  Parties. 

Sect.  1  revised,  1934,  300  §  1.     (See  1934,  300  §  2.) 
Sect.  5  amended,  1933,  221  §  7;   revised,  1937,  406  §  1.    Affected, 
1938,  16.     (See  1933,  221  §  8.) 

Chapter  229.  —  Actions  for   Death  and    Injuries   Resulting   in   Death. 

Sect.  1  revised,  1943,  444  §  1. 

Sect.  2  amended,  1941,  460  §  1,  504  §  1. 

Sect.  3,  first  sentence  revised,  1941,  460  §  2;  section  amended,  1941, 
504  §  2. 

Sect.  5  amended,  1937,  406  §  3;  1941,  504  §  3. 

Sect.  5A  added,  1938,  278  §  1  (to  permit  recovery  in  certain  death 
cases  notwithstanding  that  the  death  of  the  tortfeasor  occurred  before 
that  of  the  person  whose  death  he  caused).    (See  1938,  278  §  2.) 

Sect.  6  amended,  1939,  451  §  62. 

Sects.  6A  and  6B  added,  1943,  444  §  2  (relative  to  the  disposition  of 
money  recovered  in  certain  actions  for  death). 

Sect.  9  amended,  1941,  504  §  4. 

Chapter  230.  —  Actions  By  and  Against  Executors  and  Administrators. 

Sect.  5  amended,  1934,  116, 


Chap.  231.]  GENERAL   LaWS.  1187 


Chapter  231.  —  Pleading  and   Practice. 

Sect.  4A  added,  1943,  350  §  1  (providing  for  the  joinder  of  parties  in 
one  action  in  certain  cases).    (See  1943,  350  §§  3,  4.) 

Sect.  5  amended,  1945,  141  §  2. 

Sect.  6A  added,  1939,  372  §  1  (relative  to  the  recovery  of  certain 
medical  expenses  by  the  husband  of  a  married  woman  or  the  parent  or 
guardian  of  a  minor,  in  actions  to  recover  for  personal  injuries  by 
married  women  and  minors).     (See  1939,  372  §  2.) 

Sect.  7,  clause  Sixth  revised,  1939,  67  §  1.    (See  1939,  67  §  2.) 

Sect.  55  amended,  1935,  318  §  6.     (See  1935,  318  §  8.) 

Sect.  59C  added,  under  caption  "speedy  trial  of  certain  actions 
FOR  malpractice,  ERROR  OR  MISTAKE",  1935,  118  §  1  (relative  to  the 
advancement  for  speedy  trial  in  the  superior  court  of  actions  against 
physicians  and  others  for  malpractice,  error  or  mistake).  (See  1935, 
118  §  2.) 

Sect.  63  amended,  1932,  84  §  1. 

Sect.  69  amended,  1932,  177  §  1.     (See  1932,  177  §  2.) 

Sect.  73  repealed,  1932,  180  §  40. 

Sect.  78  repealed,  1932,  180  §  40. 

Sect.  84A  added,  1933,  247  §  1  (relative  to  the  joint  trial  in  the 
superior  court  of  actions  involving  the  same  subject  matter).  (See 
1933,  247  §  2.) 

Sects.  85B  and  85C  added,  1937,  439  §  1  (relative  to  procedure  in 
certain  actions  to  recover  damages  arising  out  of  motor  vehicle  acci- 
dents and  in  suits  by  judgment  creditors  in  actions  to  reach  and  apply 
the  proceeds  of  motor  vehicle  liability  policies  and  in  actions  to  recover 
on  motor  vehicle  liability  bonds).     (See  1937,  439  §  2.) 

Sect.  85D  added,  1945,  352  §  1  (providing  that  negligence  of  parent 
or  custodian  shall  not  be  imputed  to  an  infant  because  of  such  parent- 
hood or  custodianship).     (See  1945,  352  §§  3,  4.) 

Sect.  91  revised,  1943,  365  §  1.     (See  1943,  365  §  2.) 

Sect.  93  revised,  1943,  360. 

Sect.  94  amended,  1943,  361. 

Sect.  96A  added,  1945,  530  §  1  (relative  to  the  filing  of  bills  of  excep- 
tions in  suits  in  equity).    (See  1945,  530  §  2.) 

Sect.  102A  added,  1934,  387  §  3  (relative  to  the  removal  to  the 
superior  court  of  an  action  of  tort  arising  out  of  the  operation  of  a 
motor  vehicle);  amended,  1937,  133  §  1;  revised,  1938,  338  §  1;  first 
paragraph  amended,  1941,  203  §  1;  second  paragraph  amended,  1941, 
203  §  2;  section  repealed,  1943,  296  §  3.  (See  1934,  387  §  5;  1937,  133 
§  2;   1938,  338  §  2;   1941,  203  §  3;  1943,  296  §  6.) 

Sect.  107  revised,  1943,  296  §  4.    (See  1943,  296  §  6.) 

Sect.  108,  second  paragraph  revised,  1939,  382;  second  sentence  of 
third  paragraph  revised,  1933,  255  §  1.     (See  1933,  255  §  2.) 

Sect.  113,  two  sentences  added  at  end,  1945,  328. 

Sect.  115  amended,  1939,  451  §  63. 

SEfcT.  127,  sentence  added  at  end,  1945,  578  §  1.    (See  1945,  578  §  3.) 

Sect.  128,  amended,  1945,  578  §  2.     (See  1945,  578  §  3.) 

Sect.  133  amended,  1933,  300  §  2.     (See  1933,  300  §  4.) 

Sect.  135,  two  paragraphs  inserted  after  first  paragraph,  1941,  187 
§  1.     (See  1941,  187  §  2.) 


1188  Changes  in  the  [Chaps.  231A-233. 

Sect.  140A  added,  1932,  130  §  1  (relative  to  the  effect  of  a  settle- 
ment by  agreement  of  an  action  of  tort  growing  out  of  a  motor  vehicle 
accident  upon  the  right  of  a  defendant  in  such  action  to  maintain  a 
cross  action). 

Sect.  141  amended,  1932,  130  §  2;  1933,  300  §  3;  1934,  387  §  4; 
1943,  296  §  5,  350  §  2;  1945,  352  §  2.  (Sec  1933,  300  §  4;  1934,  387  §  5; 
1943,  296  §  6,  350  §§  3,  4.) 

Sect.  142  amended,  1935,  318  §  7.     (See  1935,  318  §  8.) 

Sect.  145  amended,  1939,  451  §  64. 

Sect.  147,  Form  8  repealed,  1938,  350  §  2. 


Chapter  231A.  —  Procedure  for  Declaratory  Judgments. 

Now  chapter  inserted,  1945,  582  §  1.     (See  1945,  582  §  5.) 


Chapter  233.  —  Witnesses  and   Evidence. 

Sect.  1  revised,  1945,  250  §  2. 

Sect.  3A  added,  1933,  262  (authorizing  the  commissioner  of  banks 
to  respond  to  summonses  or  subpoenas  by  an  employee  or  other 
assistant  in  his  department). 

Sect.  8  amended,  1933,  269  §  3,  376  §  3. 

Sects.  13A-13D  added,  1937,  210  §  1  (making  uniform  the  law 
securing  the  attendance  of  witnesses  from  without  a  state  in  criminal 
proceedings).     (See  1937,  210  §  2.) 

Sect.  22  amended,  1932,  97  §  1. 

Sect.  23A  added,  1945,  424  §  1  (relative  to  the  admissibility  in  evi- 
dence of  Avritten  statements  obtained  from  p(M-sons  sustaining  personal 
injuries  in  accidents).     (See  1945,  424  §  2.) 

Sect.  26  amended,  1932,  71  §  1. 

Sect.  29  amended,  1932,  71  §  2. 

Sect.  30  amended,  1932,  71  §  3. 

Sect.  32  amended,  1932,  71  §  4. 

Sect.  33  amended,  1932,  71  §  5. 

Sect.  34  amended,  1932,  71  §  6. 

Sect.  45  amended,  1932,  71  §  7. 

Sect.  46  amended,  1932,  71  §  8. 

Sect.  47  amended,  1932,  71  §  9. 

Sect.  48  amended,  1932,  71  §  10. 

Sect.  49  amended,  1932,  71  §  11. 

Sect.  65  amended,  1941,  363  §  1;  1943,  105  §  1;  revised,  1943,  232 
§  1.    (See  1941,  363  §2;   1943,  105  §  2,  232  §  2.) 

Sect.  75,  sentence  added  at  end,  1943,  190  §  1.     (See  1943,  190  §  2.) 

Sect.  76A  added,  1938,  213  §  1  (relative  to  the  use  of  authenticated 
copies  of  certain  papers  and  documents  filed  with  the  federal  securities 
and  exchange  commission).     (See  1938,  213  §  2.) 

Sect.  79  revised,  1941,  389  §  2;  amended,  1943,  233  §  1.  (See  1943, 
233  §  2.) 

Sect.  79 A  added,  1941,  662  §  2  (relative  to  the  use  in  evidence  of 
photographic  and  microphotographic  records  and  copies). 


Ghaps.  234-249.J  GENERAL   LaWS.  1189 


Chapter  234.  —  Juries. 

Sect.  1  amended,  1935,  257  §  11;    1936,  25.     (See  19*35,  257  §  12.) 

Sect.  11  amended,  1934,  150. 

Sect.  15  repealed,  1936,  161  §  1.     (See  1936,  161  §  3.) 

Sect.  24  amended,  1941,  90. 

Sects.  25  and  26  stricken  out,  and  sections  25,  26,  26A,  26B  inserted, 
1945,  428  §  1  (providing  for  emergency  jurors  and  for  the  waiver  of  a 
full  jury).     (See  1945,  428  §  3.) 

Sect.  29  revised,  1945,  428  §  2.    (See  1945,  428  §  3.) 

Chapter  236.  —  Levy  of  Executions  on  Land. 

Sect.  18  revised,  1939,  32  §  4.     (See  1939,  32  §  5.) 

Chapter  239.  —  Summary  Process  for  Possession  of  Land. 

Sect.  1  amended,  1941,  242  §  1. 

Sect.  6A  added,  1941,  242  §  2  (relative  to  conditions  of  bonds  in 
actions  of  summary  process  for  recovery  of  possession  of  land  after 
tax  title  foreclosures). 

Sects.  9-13  affected,  1941,  700. 

Chapter  240.  —  Proceedings  for  Settlement  of  Title  to  Land. 

Sect.  14A  added,  1934,  263  §  2  (providing  for  determination  by  the 
land  court  by  declaratory  judgment  as  to  the  validity  and  extent  of 
municipal  zoning  ordinances,  by-laws  and  regulations). 

Chapter  244.  —  Foreclosure  and  Redemption  of  Mortgages. 

For  legislation  concerning  judicial  determination  of  rights  to  foreclose 
real  estate  mortgages  in  which  soldiers  or  sailors  may  be  interested,  see 
1941,  25;   1943,  57;   1945,  120. 

Sects.  17A-17C  added,  1945,  604  §  1  (relative  to  actions  for  deficien- 
cies on  mortgage  notes  following  foreclosures,  etc.).    (See  1945,  604  §  2.) 

Chapter  246.  —  Trustee  Process. 

Sect.  1  revised,  1938,  303  §  1;  amended,  1943,  17  §  1.  (See  1938,  303 
§  2;  1943,  17  §  2.) 

Sect.  28  revised,  1935,  410  §  1;  1941,  338  §  1.  (See  1935,  410  §5  2 
3;  1941,  338  §  2.) 

Sect.  32,  paragraph  added  at  end,  1938,  343. 

Chapter  249.  —  Audita  Querela,  Certiorari,  Mandamus  and  Quo  Warranto. 

Sect.  4  amended,  1943,  374  §  1.  (See  1939,  257;  1941,  28  180- 
1943,  374  §§  3,  4.) 

■  Sect.  5  amended,  1938,  202;  1943,  374  §  2.  (See  1939,  257-  1941 
28,  180;  1943,  374  §  4.)  '     ' 


1190  Changes  in   the  [Chaps.  250-258. 

Chapter  250.  —  Writs  of  Error,  Vacating  Judgment,  Writs  of  Review. 

Sect.  16  amended,  1933,  244  §  1.     (See  1933,  244  §  2.) 


Chapter  255.  —  Mortgages,  Conditional  Sales  and  Pledges  of  Personal 
Property,  and  Liens  thereon. 

Sect.  1.  See  1933,  142  (recording  of  federal  crop  loans  to  farmers). 
See  also  1936,  264  subsection  20  (relative  to  trust  receipt  and  pledge 
transactions). 

Sect.  3  amended,  1935,  86  §  2. 

Sects.  7A-7E  added,  1935,  86  §  1  (relative  to  the  mortgaging  of 
crops  and  certain  other  classes  of  personal  property). 

Sect.  11  revised,  1939,  509  §  1. 

Sect.  12  revised,  1939,  509  §  1;  1943,  410  §  1.    (See  1943,  410  §  2.) 

Sect.  13  revised,  1939,  509  §  1;  amended,  1941,  285. 

Sect.  13A  added,  1935,  348  §  1  (regulating  conditional  sales  of  motor 
vehicles);  revised,  1939,  509  §  1.    (See  1935,  348  §  2.) 

Sect.  13B  added,  1935,  396  (relative  to  certain  contracts  of  condi- 
tional sale  of  household  or  personal  effects). 

Sects.  13C  and  13D  added,  1937,  315  (relative  to  contracts  of  con- 
ditional sale  of  household  furniture  or  other  household  or  personal 
effects  except  jewelry). 

Sect.  13C  revised,  1938,  367. 

Sects.  13C  and  13D  stricken  out,  and  new  sections  13C-13G  inserted, 
1939,  509  §  2. 

Sect.  13H  added,  1941,  468  (relative  to  conditional  sales  of  textile 
and  other  machinery,  seats  for  theatres  and  other  places  of  public 
assembly,  and  parts,  accessories,  appliances  and  equipment  therefor). 

Sect.  3 ID  added,  1945,  607  (creating  a  lien  in  favor  of  certain  per- 
sons performing  work  upon,  or  storing  articles  of  clothing  or  household 
goods) . 

Sect.  35  amended,  1938,  83  §  1.     (See  1938,  83  §  2.) 

Sects.  40-47  added,  1945,  285  (providing  for  the  creation  of  liens 
upon  merchandise  without  the  necessity  of  custody  or  possession  in  the 
lienee). 


Chapter   255A.  —  Trust    Receipts   and    Pledges   without    Possession    in   the 

Pledgee. 

New  chapter  inserted,  1936,  264. 


Chapter  258.  —  Claims  against  the  Commonwealth. 

Sect.  3  revised,  1932,  180  §  41. 

Sect.  4A  added,  1945,  552  (to  prevent  the  running  of  interest  on 
claims  against  the  commonwealth  after  an  offer  of  judgment). 
Sect.  5  repealed,  1943,  566  §  2. 


Chai's.  260-264.1  GENERAL    LaWS.  1191 


Chapter  260.  —  Limitation  of  Actions. 

Sect.  3A  added,  1943,  56(5  §  1  (limiting  the  time  within  which  peti- 
tions founded  upon  claims  against  the  commonwealth  may  be  brought). 

Sect.  4  amended,  1933,  318  §  5;  1934,  291  §  4;  1937,  385  §  9;  para- 
graph added  at  end,  1943,  409  §  4.  (See  1933,  318  §  9;  1934,  291  §  6; 
1937,  385  §  10.) 

Sect.  10,  sentence  added  at  end,  1937.  406  §  2. 


Chapter  261.  —  Costs  in  Civil  Actions. 

Sect.  4  amended,  1937,  44  §  1.    (See  1937,  44  §  2;   1943,  296  §§  3,  6.) 


Chapter  262.  —  Fees  of  Certain  Officers. 

Sect.  2  revised,  1939,  345  §  1.     (See  1939,  345  §  3.) 

Sect.  4,  seventh  paragraph  amended,  1937,  188;  seventh  to  tenth 
paragraphs  stricken  out,  1939,  345  §  2.     (See  1939,  345  §  3.) 

Sect.  5  amended,  1933,  201. 

Sect.  25  amended,  1933,  162;  1934,  141;  1945,  236  §  1.  (See  1945, 
236  §  2.) 

Sect.  32  revised,  1935,  280. 

Sect.  34  amended,  1933,  21. 

Sect.  34A  added,  1938,  380  (authorizing  the  charging  of  certain  fees 
by  city  and  town  clerks  or  registrars  for  the  expense  of  the  examination 
or  copying  by  them  of  records  of  births,  marriages  and  deaths). 

Sect.  38,  .second  paragraph  amended,  1937,  97;  two  paragraphs 
inserted  after  paragraph  in  line  23,  1945,  569  §  2. 

Sect.  39,  paragraph  in  lines  15,  16  amended,  1945,  522;  paragraph 
added  at  end,  1939,  13. 

Sect.  40  revised,  1934,  324  §  1.     (See  1934,  324  §  2.) 

Sect.  46A  added,  1938,  232  (to  provide  for  furnishing  without  charge 
copies  of  records  relating  to  soldiers,  sailors  and  marines  in  certain 
cases);   revised,  1943,  484;    1945,  218. 

Sect.  53  amended,  1936,  251. 


Chapter  263.  —  Rights  of  Persons  Accused  of  Crime. 

Sect.  4A  added,  1934,  358  (expediting  the  arraignment  of  persons 
charged  with  crimes  not  punishable  by  death  by  permitting  them  to 
waive  indictment  proceedings). 

Sect.  6  amended,  1933,  246  §  1.     (See  1933,  246  §  2.) 


Chapter  264.  —  Crimes  against  Governments. 

Sect.  5  revised,  1932,  298;   amended,  1933,  153  §  3;    1934,  56;   re- 
vised, 1941,  117  §  1.    (See  1941,  117  §  2.) 
Sect.  lOA  revised,  1933,  276. 


1192  Changes   in   the  [Chaps.  265-268. 


Chapter  265.  —  Crimes  against  the  Person. 

Sect.  13A  added,  1943,  259  §  1  (providing  a  penalty  for  the  crimes  of 
assault  and  assault  and  battery) ;  paragraph  added  at  end,  1945,  230. 
(See  1943,  259  §  2.) 

Sect.  17  revised,  1943,  250  §  1.     (See  1943,  250  §  2.) 

Sect.  25  revised,  1932,  211. 

Sect.  26  amended,  1934,  1. 


Chapter  266.  —  Crimes  against  Property. 

Sect.  1  revised,  1932,  192  §  1. 

Sect.  2  revised,  1932,  192  §  2. 

Sects.  3  and  4  repealed,  1932,  192  §  3. 

Sect.  5  revised,  1932,  192  §  4. 

Sect.  5A  added,  1932,  192  §  5  (defining  and  providing  penalties  for 
attempts  to  commit  arson). 

Sect.  6  repealed,  1932,  192  §  3. 

Sect.  8  revised,  1932,  192  §  6. 

Sect.  10  revised,  1932,  192  §  7. 

Sect.  16  revised,  1943,  343  §  1.    (See  1943,  343  §  2.) 

Sect.  16A  added,  1945,  229  (providing  a  penalty  for  breaking  and 
entering  a  building,  ship  or  vessel  with  intent  to  commit  a  misdemeanor). 

Sect.  22  amended,  1935,  365. 

Sect.  25  amended,  1943,  518  §  1.    (See  1943,  518  §  2.) 

Sect.  26  repealed,  1945,  282  §  1.    (See  1945,  282  §  5.) 

Sect.  30  revised,  1945,  282  §  2.     (See  1945,  282  §  5.) 

Sect.  33  revised,  1945,  282  §  3.     (See  1945,  282  §  5.) 

Sect.  36  repeale^d,  1945,  282  §  1.    (See  1945,  282  §  5.) 

Sect.  37  revised,  1937,  99. 

Sects.  44-46  repealed,  1945,  282  §  1.     (See  1945,  282  §  5.) 

Sect.  47  amended,  1945,  282  §  4.     (See  1945,  282  §  5.) 

Sect.  52  amended,  1934,  270  §  3. 

Sect.  54.    See  1933,  59  §  3. 

Sect.  70  amended,  1933,  245  §  4;  1939,  144  §  2;  1941,  217  §  3. 

Sects.  75A  and  75B  added,  1932,  1 1  (penalizing  the  fraudulent  opera- 
tion of  slot  machines,  coin-box  telephones  and  other  coin  receptacles, 
and  the  manufacture  and  sale  of  devices  intended  to  be  used  in  such 
operation). 

Sect.  89  revised,  1943,  549  §  7. 

Sect.  94  amended,  1939,  451  §  65. 

Sect.  116A  added,  1935,  116  (providing  for  the  protection  of  wild 
azaleas,  wild  orchids  and  cardinal  flowers). 

Sect.  123  revised,  1941,  344  §  27. 


Chapter  268.  —  Crimes  against  Public  Justice. 

Sect.  14A  added,  1936,  168  (imposing  a  penalty  for  depriving  em- 
ployees of  their  employment  because  of  jury  service). 

Sect.  16  revised,  1934,  344;  last  sentence  stricken  out,  1941,  344  §  28; 
section  amended,  1943,  19  §  1. 


Chaps.  269-272.]  GENERAL   LaWS.  1193 

Sect.  16A  added,  1943,  19  §  2  (relative  to  the  penalty  for  escapes  or 
attempted  escapes  from  the  reformatory  for  women). 
Sect.  26  amended,  1934,  328  §  24. 
Sect.  27  amended,  1934,  328  §  25. 
Sect.  29  amended,  1934,  328  §  26. 
Hect.  33  amended,  1935,  440  §  44;   1941,  71;    1945,  400  §  7. 


Chapter  269.  —  Crimes  against  Public  Peace. 

Sect.  10  amended,  1935,  290;  1936,  227  §  1;  1937,  250  §  1.  (See 
1936,  227  §  2;  1937,  250  §  2.) 

Sect.  lOB  added.  1934,  359  §  2  (further  regulating  the  sale,  rental 
and  leasing  of  rifles  and  shotguns). 

Sects.  IIA-IID  added,  under  caption  "tampering  with  identify- 
ing numbers  of  certain  firearms",  1937,  199  (relative  to  certain 
j&rearms,  the  serial  or  identification  numbers  of  which  have  been  re- 
moved, defaced,  altered,  obliterated  or  mutilated). 

Chapter  270.  —  Crimes  against   Public  Health. 

Sect.  5  amended,  1934,  328  §  27. 

Chapter  271.  —  Crimes  against   Public   Policy. 

Sect.  6A  added,  1938,  144  (making  certain  endless  chain  transactions 
subject  to  the  laws  relative  to  lotteries). 

Sect.  22A  revised,  1934,  371;  paragraphs  added  at  end,  1936,  222, 
283;  section  revised,  1943,  267. 

Sect.  23  amended,  1934,  235  §  3,  303  §  1. 

Sects.  31,  33,  34  affected  by  1935,  454  §  8,  471  §  2. 

Sect.  43  added,  1941,  630  §  4  (imposing  a  penalty  for  the  misuse  of 
information  relative  to  recipients  of  general  public  assistance,  old  age 
assistance,  aid  to  dopondont  children  and  aid  to  the  blind);  amended, 
1945,  240  §  3. 

Chapter  272.  ~  Crimes  against  Chastity,  Morality,  Decency  and  Good  Order. 

Sect.  25  revised,  1933.  376  §  4. 

Sect.  26  amended,  1939,  451  §  66. 

Sect.  28  amended,  1934,  231;   1943,  239. 

Sect.  28  stricken  out,  and  new  sections  28-28H  (relative  to  obscene 
books  and  other  obscene  matter)  inserted,  1945,  278  §  1.  (See  1945, 
278  §  2.) 

Sect.  53  revised,  1943,  377. 

Sect.  66  amended,  1939,  451  §  67. 

Sects.  79 A  and  79B  added,  1934,  234  §  1  (relative  to  the  cutting  of 
the  muscles  or  tendons  of  horses'  tails  and  to  the  showing  or  exhibiting 
of  horses  whose  tails  have  been  so  cut  or  have  been  docked).  (See  1934, 
234  S  2.) 

Sect!  80  repealed,  1934,  234  §  1.     (See  1934,  234  §  2.) 

Sect.  80C  added,  1945,  272  penalizing  the  unauthorized  taking  of 
cats,  dogs  or  birds  ifor  certain  purposes). 


1194  Changes  in  the  [Chaps.  273-276. 

Sect.  85A  added,  1945,  276  §  1  (relative  to  killing,  etc.,  of  dogs  and 
other  domesticated  animals  and  certain  birds). 

Sect.  92A  added,  1933,  117  (preventing  advertisements  tending  to 
discriminate  against  persons  of  any  religious  sect,  creed,  class,  denomi- 
nation or  nationality  by  places  of  public  accommodation,  resort  or 
amusement). 

Sect.  97A  added,  1934,  164  (prohibiting  the  use  of  documents  drawn 
to  imitate  judicial  process). 

Sect.  98  amended,  1934,  138. 

Sect.  98A  added,  1938,  155  §  1  (entitling  bhnd  persons  accompanied 
by  "seeing  eye"  dogs,  so  called,  to  certain  accommodations,  advantages, 
etc.). 

Sect.  98B  added,  1941,  170  (to  prevent  discrimination  in  employment 
on  public  works  and  projects  and  in  the  dispensing  of  public  welfare 
because  of  race,  color,  religion  or  nationality). 

Sect.  98C  added,  1943,  223  (penalizing  the  libel  of  groups  of  persons 
because  of  race,  color  or  religion). 

Sect.  103  added,  1936,  417  (prohibiting  marathon  dances,  other 
marathons  or  walkathons,  so  called). 


Chapter  273.  —  Desertion,   Non-support  and   Illegitimacy. 

Sect.  1  amended,  1939,  177  §  1.     (See  1939,  177  §  2.) 

Sect.  2  amended,  1933,  224 ;  revised,  1943,  87  §  1.     (See  1943,  87  §  2.) 

Sect.  9  repealed,  1938,  219  §  1. 

Sect.  10  revised,  1938,  219  §  2. 

Sect.  14,  sentence  added  at  end,  1943,  13. 

Sects.  20-22.     See  1937,  440  §  2;  1941,  597  §  1,  729  §  2;  1943, 489  §  2. 


Chapter    274.  —  Felonies,   Accessories    and    Attempts    to    Commit    Crimes. 

Sect.  4  revised,  1943,  488  §  1.    (See  1943,  488  §§  2,  3.) 

Chapter  275.  —  Proceedings  to  prevent  Crimes. 

Sect.  15  repealed,  1932,  180  §  42. 


Chapter  276.  —  Search  Warrants,  Rewards,  Fugitives  from  Justice,  Arrest, 
Examination,  Commitment  and  Bail.  Probation  Officers  and  Board 
of  Probation. 

Sect.  1,  first  paragraph  amended,  1934,  303  §  2;  clause  Sixth 
amended,  1943,  508  §  5;  clause  Eleventh  amended,  1934.  235  §  1. 

Sect.  3  amended,  1934,  340  §  15.     (See  1934,  340  §  18.) 

Sect.  3A  added,  1934,  247  (concerning  the  service  of  search  war- 
rants). 

Sect.  7  amended,  1934,  235  §  2. 

Sects.  lOA-lOD  added,  under  caption  "extra-territorial  arrest 
ON  fresh  pursuit",  1937,  208  §  1  (making  uniform  the  law  as  to 
extra-territorial  arrest  on  fresh  pursuit  and  authorizing  this  common- 
wealth to  co-operate  with  other  states  in  connection  therewith).  (See 
1937,  208  §  2.) 


Chaps.  277,  278.]  GENERAL   LaWS.  1195 

Sects.  11-20  and  caption  "fugitives  from  justice"  stricken  out 
and  new  sections  11-20R  inserted,  under  caption  "procedure  on 
INTERSTATE  RENDITION",  1937,  304  §  1.     (See  1937,  304  §§  2,  3.) 

Sect.  33A  added,  1945,  205  (providing  tliat  certain  persons  held  in 
custody  shall  be  permitted  to  communicate  by  telephone  with  relatives 
and  others). 

Sect.  37A  added,  1932,  180  §  43  (relative  to  the  assignment  of 
counsel  to  appear,  on  behalf  of  a  person  accused  of  a  capital  crime,  at 
his  preliminary  examination).  [For  prior  legislation,  see  G.  L.  chapter 
277  §§  48,  49,  repealed  by  1932,  180  §  44.] 

Sect.  52A  added,  1943,  131  (providing  that  persons  held  in  jail  for 
trial  may  be  removed  in  certain  cases  to  a  jail  in  another  county). 

Sect.  57,  sentence  added  at  end  of  second  paragraph,  1943,  330; 
same  paragraph  revised,  1945,  235;  paragraph  added  at  end,  1939,  299 
§4. 

Sect.  83  revised,  1936,  360;  amended,  1937,  186. 

Sect.  83 A  added,  1941,  677  §  1  (providing  that  certain  district  courts 
may  join  in  the  appointment  of  probation  officers  to  act  exclusively 
in  juvenile  cases  therein). 

Sect.  84  revised,  1937,  219  §  5;   1939,  214  §  7. 

Sect.  87  amended,  1941,  264  §  2. 

Sect.  89,  sentence  added  at  end,  1934,  217  §  2;  paragraph  added  at 
end,  1941,  477  §  1. 

Sect.  90  amended,  1938,  174  §  3. 

Sect.  94  amended,  1939,  155;  revised,  1939,  296  §  2.  (See  1939, 
296  §  3.) 

Sect.  97  revised,  1941,  677  §  2. 

Sect.  98  amended,  1932,  145. 

Sect.  100  amended,  1943,  64. 

Sect.  101  amended,  1936,  30  §  1.     (See  1936,  30  §  2.) 

Chapter  277.  —  Indictments  and  Proceedings  before  Trial. 

Sect.  2  amended,  1932,  144  §  6. 

Sects.  48  and  49  repealed,  1932,  180  §  44.  (See  G.  L.  chapter  276 
§  37A,  inserted  by  1932,  180  §  43.) 

Sect.  50  repealed,  1936.  161  §  1.     (See  1936,  161  §  3.) 

Sect.  58A  added,  1943,  311  §  1  (relative  to  the  venue  of  the  crime  of 
buying,  receiving  or  aiding  in  the  concealment  of  stolen  or  embezzled 
property).     (See  1943,  311  §  2.) 

Sect.  65  amended,  1936,  161  §  2.     (See  1936,  161  §  3.) 

Schedule  of  forms  of  pleadings  at  end  of  chapter  amended, 
1934,  328  §  29. 

Paragraph  entitled  "Accessory  after  the  fact"  amended  by  striking 
out  all  after  word  "punishment"  in  line  5,  1943,  488  §  2.  (See  1943, 
488  §  3.) 

Chapter  278.  —  Trials  and  Proceedings  before  Judgment. 

Sect.  25  amended,  1937,  311. 

Sects.  28A-28D  added,  1943,  558  §  1  (establishing  in  the  superior 
court  an  appellate  division  for  the  review  of  certain  sentences  in  crimi- 
nal cases).     (See  1943,  558  §  2.) 


119G        Changes  in  the  General  Laws.    [Chaps.  279,  280. 

Sect.  28A  revised,  1945,  255  §  1.    (See  1945,  255  §  4.) 
Sect.  28B,  first  paragraph  amended,  1945,  255  §  2.     (See  1945,  255 
§4.) 
Sect.  28C  amended,  1945,  255  §  3.     (Sec  1945,  255  §  4.) 
Sect.  29  revised,  1939,  271  §  1.     (See  1939,  271  §  2.) 
Sect.  33  amended,  1933,  265. 
Sect.  33E  amended,  1939,  341. 


Chapter  279.  —  Judgment  and   Execution. 

Sect.  1  amended,  1934,  205  §  1;  1935,  358  §  1;  first  paragraph 
amended,  1938,  354;  second  paragraph  amended,  1936,  434  §  2;  1939, 
299  §  5.     (See  1934,  205  §  3;   1935,  358  §  2.) 

Sect.  1A  amended,  1934,  205  §  2.     (See  1934,  205  §  3.) 

Sect.  3A  amended,  1935,  50  §  2,  437  §  2.     (See  1935,  50  §  6,  437 

Sect.  4  revised,  1935,  50  §  3,  437  §  3.     (See  1935,  50  §  6,  437  §  8.) 

Sect.  9  amended,  1932,  221  §  2. 

Sect.  11  amended,  1934,  328  §  28. 

Sect.  43  revised,  1935,  50  §  4,  437  §  4.    (See  1935,  50  §  6,  437  §  8.) 

Sect.  44  revised,  1935,  50  §  5,  437  §  5.    (See  1935,  50  §  6,  437  §  8.) 

Sect.  45  revised,  1935,  437  §  6.     (See  1935,  437  §  8.) 

Chapter  280.  —  Fines  and   Forfeitures. 

Sect.  2,  last  sentence  stricken  out,  1934,  364  §  2;   sentence  added 
at  end,  1935,  303  §  1.     (See  1934,  364  §  3;   1935,  303  §  2.) 
Sect.  6  revised,  1937,  251  §  1.     (See  1937,  251  §  2.) 


(5I|f  Qlomtttottmfaltli  of  iHajSHarliitapttB 


Office  of  the  Secretary,  Boston,  Mar^h  1,  lU4(i. 

I  certif.y  that  the  acts  and  resolves  contained  in  this  volume  are  true 
copies  of  the  originals  on  file  in  this  department. 

I  further  certify  that  the  table  of  changes  in  general  laws  has  been 
prepared,  and  is  printed  as  an  appendix  to  this  edition  of  the  laws,  by 
direction  of  the  Joint  Committee  on  Rules  of  the  General  Court,  in 
accordance  with  the  provisions  of  General  Laws,  Tercentenary  Edi- 
tion, chapter  3,  section  51,  as  amended  by  Acts  of  1939,  chapter  508, 
section  7. 

FREDERIC   W.    C:OOK, 
Secretary  of  the  Cnmmov  wealth. 


INDEX. 


A. 

Item  or 
Chap.  Section. 

Abatement  of  taxes  (see  Taxation). 

Abington,  town  of  (see  Cities  and  towns). 

Absent  registration,  physically  disabled  persons,  of,  by  registrars 

of  voters  .  .  .  .  .  .  .  .  .715  1-9 

ABSENT    VOTING: 

affidavits,  certain,  under  law  relative  to,  form  of        .  .  .231  1,2 

armed  forces,  members  of,  by,  at  city  and  town  elections,  except 

in  Boston,  facilitated    .......      166  1-8 

ballots  for,  instructions  on  back,  printing  of,  permitted      .  .52 

Boston,  regular  municipal  elections  in,  at,  relative  to  .  .      139  1-7 

caucuses  in  cities  and  towns  having,  time  for    ....  1 

physically  disabled  persons,  by,  authorized        ....     466  1-6 

Accidents,   workmen,  to,   compensation  for   (see  Workmen's  com- 
pensation). 
Accounts,  cities  and  towns,  of  (see  Municipal  finance), 
commonwealth,  of  (see  State  finance), 
counties,  of  (see  County  finance). 

director  and  division  of  (see  Corporations  and  taxation,  depart- 
ment of). 
Accounts  receivable,  assignments  of,  relative  to   ....     141  1,2 

A.  C.  Lawrence  Leather  Company  Employees  Benefit  Asso- 
ciation, exempted  from  provisions  of  certain  laws  .       58 
ACTIONS,   CIVIL: 

corporations,  certain  domestic,  service  of  process  upon,  in,  rela- 
tive to .  .     306  1.2 

cross  actions,  etc.,  pending  in  different  courts,  trial  and  disposi- 
tion of,  relative  to         ......  . 

different  courts,  pending  in,  trial  and  disposition  of,  relative  to 

evidence,  admissibility  in,  of  written  statements  obtained  from 

persons  who  have  sustained  personal  injuries  in  accidents 

exceptions,  bills  of,  in,  filing  and  allowance  of,  laws  relative  to, 

liberalizing  .  .  .  .  .  ._  . 

negligence  of  parent  or  custodian  not  to  be  imputed  to  child  in, 
when  .  .  .  .  .  .  .  . 

process,  service  of,  in,  upon  certain  domestic  corporations,  rela- 
tive to         ........  . 

Acts  and  resolves,  blue  book  edition  of,  contents  of,  relative  to 
Acushnet,  Fire  and  Water  District,  town  of  Acushnet  authorized  to 

take  over  properties  and  assume  obligations  of         .  .35  1—4 

town  of  (see  Cities  and  towns). 
Adams,  town  of  (see  Cities  and  towns). 
Adjutant  general  (see  Militia). 

Administration,  estates  of  deceased  persons,  of  (see  Estates  of  de- 
ceased persons). 
ADMINISTRATION   AND   FINANCE,   COMMISSION   ON: 
in  general,  child  guardianship,  division  of,  in  department  of 
public  welfare,  providing  quarters  for,  powers  and  duties 
as  to  .........     676 

classification  and  salaries  of  officers  and  employees  in  classi- 
fied service  of  commonwealth,  survey  of,  provision  for, 
by      .......  .        Resolve         9 

employees  of  commonwealth,  grievances  of,  certain,  making 
of  rules  and  regulations  for  informal  procedure  for  prompt 
disposition  of,  by  .  .  .  .  .  .  .     485 

hours  of  employment  of,  fixing  of,  consideration  and  report 
relative  to,  by      .  .  .  .  .  .  .     457 

protection  of  certain,  against  arbitrary  removal,  investiga- 
tion relative  to,  by        ....  .        Resolve       45 

weekly  payment  of  wages  to  certain,  feasibility  and  cost  of, 

investigation  relative  to,  by  .  .  .        Resolve       39 

quarters  outside  of  state  house  for  use  of  state  agencies,  leas- 
ing of,  approval  by       ......  .     700 


373 
373 

1.  2 

1.2 

424 

1.2 

328 

352 

1-4 

306 
252 

1.2 

1200 


Index. 


Chap. 


Item  or 
Section. 


ADMINISTRATION    AND    FINANCE,    COMMISSION    ON  - 

Concludcii. 
chairman,    powers  and   duties  of  division   of  personnel  and 
standardization,  certain,  transferred  to  ... 

prison  industries,  so  called,  joint  board  to  survey  administra- 
tion of.  to  be  member  of        .  .        Resolve 
comptroller,  prison  industries,  so  called,  joint  board  to  survey 
administration  of,  to  be  member  of         .  .        Resolve 
salaries  of  state  officers  and  employees,  temporary  increase  of, 

duties  as  to 
state  tax,  apportionment  and  assessment  of,  duties  as  to 
tax  titles,  loans  to  cities  and  towns  on  account  of,  notes  to  be 
issued  by  commonwealth  to  provide  funds  for,  counter- 
signing by  ........ 

personnel  and  standardization,  division  of,  director  of,  to 
be  member  of  personnel  appeal  board     .... 

powers  and  duties  of,  certain,  transferred  to  state  purchasing 
agent  and  chairman  of  commission  .... 

salaries  of  state  officers  and  emploj'ees,  temporary  increase  of, 
duties  ;i.?  to  .......  . 

state  purchasing  agent,  gifts  of  personal  property  from  federal 
government,  ac<'eptance  of,  for  commonwealth  by  . 
powers  and  duties,  certain,  of  division  of  personnel  and  stand- 
ardization transferred  to        .  .  .  . 

Administrators  (see  Executors  and  administrators). 
Adoption  of  children,  consent  of  parents  and  others  to,  relative  to 
Adverse  possession,  acquisition  of  rights  by,  in  land  or  rights  in 
land  controlled  by  department  of  conservation,  prohibited 
Advertising,  ovitdoor,  laws  pertaining  to,  investigation  and  study 
of       .......  .        Resolve 

appropriation  ........ 

regulation   of,  relative  to        ......  . 

Agawam,  town  of  (see  Cities  and  towns) 

Aged  persons,  assistance  to  (see  Old  age  assistance,  so  called). 
Agricultural  and  dairy  industry,  regulation  and  control  of,  further 
investigation  relative  to         .  .  .  .        Resolve 

appropriation     ........ 

Agricultural  purposes,  operation  by  minors  of  certain  vehicles  an 
machines  for,  relative  to        ....  . 

AGRICULTURE,  DEPARTMENT    OF: 

commissioner,  farm-aid  bureau  to  be  in  charge  of 
milk  control  board,  membership  on,  cessation  of    . 
veterans'  services  advisory  council,  to  be  member  of 
divisions,  etc.,  of: 

farm-aid   bureau,   for   benefit   of   certain   veterans,   establish- 
ment, etc.  ......... 

milk  control  (see  Milk  control  board). 

soil    conservation    committee,    state,    establishinent,    powers, 
duties,  etc.  .  .  .  .  .  .  .  . 

Aid  (see  Mothers  with  dependent  children,  aid  to;    Old  age  assist- 
ance, so  called;    Poor  and  indigent  persons;    Public  Wel- 
fare, etc.;    State  aid,  military  aid  and  soldiers'  relief). 
Air  guns  (see  Weapons). 

Airport,  General  Edward  Lawrence  Logan,  at  East  Boston,  con- 
tinued development  of,  by  department  of  public  works    . 
Orange,  in,  municipal,  board  of  commissioners  for  management 
of,  establishment,  etc.  ...... 

Airports,  acquisition,  etc.,  of,  by  commonwealth,  cities  and  towns, 
investigation  relative  to         ...  .        Resolve 

appropriation  ........ 

Air  transportation,  regulation  of,  investigation  relative  to     Resolve 

appropriation  ........ 

Alcohol,  additional  excise  upon  sale  of  ..... 

ALCOHOLIC   BEVERAGES: 

manufacture,  transportation,  storage,  sale,  importation 
and  exportation  of: 
excise,  additional,  upon  sale  of     . 

temporary,  additional,  time  during  which   to  be  imposed, 
extended     ........ 


5S0 

6,7 

22 

22 

416 
712 

5 
1-4 

324 

2 

48.5 

.580 

1-9 

416 

1.4,6 

661 

2 

580 

1-1 

6,  8,9 

230 

27 

76 
736/ 
233 

Pe 

0265, 
ge  960 

36 


337 

302 
497 
730 


302 


531 


0263, 
Page  960 


1    2 
'  1 


383 

1-7 

93 

1-4 

87 
736  1 

87 
736  1 
731 

0269, 
Page  963 

0269, 

Page  963 

11 

731 

11 

546 

71 

1.2 

284 

1.  2 

151 

1.  '-i 

Index  1201 

Item  or 
Chap.  Section. 

ALCOHOLIC   BEVERAGES  —  Cuncludful. 

manufacture,  transportation,  storage,  sale,  importation 
and  exportation  of —  Concluded. 
licenses  and  permits: 

bonds  to  secure  certain ,  filing  of,  made  unnecessary  .     598 

number  of,  further  regulated     ......     666 

suspension  or  revocation  of,  following  violation  of  fair  trade 

law  or  unfair  sales  act,  relative  to  .  .215 

ALCOHOLIC    BEVERAGES    CONTROL    CpMMISSION: 

unfrdr  sales  act  and  fair  trade  law,  violation  of,  suspension  or 

revocation  of  licen.ses  and  permits  following,  by  .215 

Alewife  brook,  sewage  disposal,  conduits,  pumping  stations,  etc., 

along,  construction  of,  etc.    .  .  .  .  .  .     7U5  1 

Aliens,  dangerous  weapons,  or  anmmnition  therefor,  sale  or  furnish- 
ing of,  to,  law  relative  to.  officers  charged  witli  enforce- 
ment of,  relative  to       ......  .      132 

firearms,  possession  of,  by,  law  relative  to,  repealed  .  .     254 

Allessio,  Michael,  payment  to,  of  compensation  for  killing  of  cer- 
tain tubercular  cattle  .....        Resolve        10 

American  Legion,    department   commander  of,   appointment  by, 

of  a  mendjer  of  veterans'  services  advisory  council  .     730  1 

American  Telephone  and  Telegraph  Company,  Unes,  poles,  etc, 
of,  in  city  of  New  Bedford,  locatitms,  etc.,  valitlated 
in  city  of  Springfield,  locations,  etc.,  validated 
Amherst  College,  tiustees  of,  membership  of,  relative  to 
Ammunition,  firearms  and  other  dangerous  weapons,  for,  sale  or 
furnishing  of,  to  certain  persons,  law  relative  to,  officers 
charged  with  enforcement  of,  relative  to  .  .  .      132 

Andover,  town  of  (see  Cities  and  towns). 

Animals,  domestic,  diseases  of,  diagnostic  laboratory  dealing  with, 
established    at    Massachusetts    agricultural    experiujent 
station         .........     586 

larceny  of  certain,  penalty  for,  increased  .  .  .713  1,2 

domesticated,  wrongful  killing,  etc.,  of,  civil  liability  for,  estab- 
lished .  .  .  .  .  .  .  .     270  1, 2 

Annual  reports,  state  officials,  certain,  by,  changes  in  laws  relative 
to,  necessitated  by  adoption  of  annual  sessions  of  general 

court,  etc .292  1-11 

Annuities,  dependents  of  certain  public  employees  killed  or  dying"!  ^^j 
from  injuries  received  or  hazards  undergone  in  perform-  \  ygg 
ance  of  duty,  granting  to,  further  regulated    .  .  .J 

Trustees  for  Eastern  Nazarene  College,  making  by,  of  contracts 

to  pay,  authorized  and  contracts  already  made,  validated     320  1,  2 

See  also  Retirement  systems  and  pensions. 
Anthony,  E.,  &  Sons,  Inc.,  conveyance  of  certain  state  land  to  597  1,  2 

Appeals,  board  of,  under  zoning  law,  time  within  which  a  city  coun- 
cil or  selectmen  may  act  as,  limited        ....     107 
workmen's  compensation  cases,  in,  certain,  employees  and  de- 
pendents relieved  of  expenses  of    .  .  .  .     444 
Appellate  division  of  superior  court,  review  of  certain  sentences 

in  criminal  cases  by,  temporarily  provided  for  .           .           .     437 
review  of  certain  sentences  to  reformatory  for  women  by,  rela- 
tive to 255  1-4 

APPELLATE   TAX   BOARD: 

abatements,  certain,  by,  notice  of,  required  to  be  given  to  com- 
missioner of  corporations  and  taxation  .  .  .  .137 

appeals,  certain,  to,  as  to  average  valuation  of  land  certified  by  a 
municipality  to  a  holding  municipality  or  district,  rela- 
tive to         .....  . 

relative  to  .....  . 

Appropriations,  cities  and  towns,  by  (see  Municipal  finance), 
counties,  for  maintenance  of  certain,  etc. 


state  departments,  boards,  commissions,  institutions,  J 
etc.,  for  maintenance  of,  etc. 


367 

2.3 

621 

1-7 

ice). 

550 

1-3 

248 

5 

260 

1-3 

404 

1-10 

490 

1-6 

682 

1-6 

689 

1-7 

732 

1-4 

736 

1-7 

Resolve 

9 

Resolve 

16 

Resolve 

44 

Chap. 

Item  or 
Section. 

265 

1,2 

1202  Index. 


Architecture,  practice  of,  further  regulated 

Arlington,  town  of  (see  Cities  and  towns). 

Armed  forces  of  United  States  (.see  Military  and  naval  service  of 
the  United  States;  Soldiers,  sailors  and  marines;  Vet- 
erans). 

Armories,  returns  concerning,  date  of  filing  of,  relative  to        .  100 

ARMORY    COMMISSION: 

investigation  by,  relative  to  erection  of  armories  in  East  Boston 
and  Gardner,  and  relative  to  acquisition  of  land  in  Lynn 
for  armory  purposes        .....      Resolve       27 

Army,  navy  and  marine  corps  of  the  United  States  (see  Military 
and  naval  service  of  the  United  States;  Soldiers,  sailors 
and  marines;  Veterans). 

Arrest,  mesne  process  and  supplemcntarj'  proceedings,  on,  law  rela- 
tive to,  words  "poor  person"  substituted  for  word 
"pauper"  therein  .......      101  1,2 

ART    COMMISSION: 

Cook,  Frederic  W.,  .secretary  of  the  commonwealth,  portrait  of, 

painting  and  hanging  of,  under  dire<'tion  of     .        Resolve       75 

appropriation 736  {         '^^^^tmo 

Deedy,  .John  .Jo.seph,  First  Lieutenant,  memorial  tablet  to,  au- 
thorized to  procure  and  place         .  .  .        Resolve       55 

appropriation 7.36  {         ?JJt~960 

Dyer,  Mary,  memorial  to,  placing  thereof  on  state  house  grounds, 

acceptance  of  gifts,  etc.,  for,  by     .  .  .  .  691 

Ashby,  town  of  (see  Cities  and  towns). 
Assault  and  assault  and  battery,   summons  in  lieu  of  warrant, 

issuance  of,  in  certain  cases  of,  authorized       .  .  .     230 

Assembly,  places  of,  certificates  of  inspector  of  division  of  inspec- 
tion of  department  of  public  safety  as  to  certain  buildings 
used  as,  rendered  void  under  certain  circumstances  .     478 

definition  of,  under  laws  relating  to  safety  of  persons  in  buildings     480 
laws  relating  to,  certain  corrective  changes  in  .  .  .     645  3, 4 

licenses  for,  issuance  of,  in  more  efficient  manner,  relative  to      .     526 
powers  and   duties  of   certain   officers   and   boards  relative   to, 

clarified 482  1-4 

revolving  doors,  use  of,  in       .  .  .  .  .  .  <  .799  i 

safety  of  persons  in  certain,   further  investigation  relative  to, 

and  certain  related  matters         .  .  .        Resolve       77 

appropriation 736  {         p^^^^^^ 

injuries  caused  by  violation  of  laws  relative  to,   liability  of 

certain  persons  for,  clarified  .  .  .  .  .510 

laws,  certain,  relative  to,  administration  and  enforcement  of     722  2 

Assessments,  personal  property  subject  to  mortgage  or  pledge,  of, 

relative  to  .  .  .  .  .  .  .  .  .143 

ASSESSORS   OF   TAXES: 

abatements  of  local  taxes,  etc.,  notice  of,  by,  to  collector,  etc., 

regulated,  and  certain  powers  clarified    ....     351  1,  2 

appeals  from  derisions  of  (see  Appellate  tax  board). 

collector  of  taxes,  office  of.  prohibited  from  holding  .  .  .      136  1,  2 

estimates  by  commissioner  of  corporations  and  taxation,  noti- 
fication   of,    to,    pro\'isions    of    law    relative    to,    certain, 
amended     .........     624  5,  7 

land  held  by  a  municipality  or  district  in  another  municipality, 
determination    and    certification    of    average    valuation, 
relative  to  ........ 

Norfolk  county,  cities  and  towns  in,  of,  furnishing  of  certain  in- 
formation to,  by  register  of  deeds  of  said  county      .  . 
reassessment  of  local  taxes  by,  relating  to          ...  . 

returns  of,  of  certain  exempted  property,  abolished   . 
state  tax,  apportionment  and  assessment  of,  duties  as  to    . 

postponement  of  issuance  in  current  year  by  state  treasurer  of 
warrants  for  payment  of,  as  affecting     .... 

veterans'  bonus  law,  so  called,  certain,  duties  as  to  . 
See  also  Taxation,  local  taxes. 
Assignments,  accounts  receivable,  of,  relative  to  . 
Assistance,  old  age  (.see  Old  age  as.sistance,  so  called). 

public,  records  relating  to,  made  confidential,  and  misu.se  penal- 
ized         240  1-3 


367 

2 

569 
333 
271 
712 

1.2 
1-4 

325 
731 

4 

141 

1,  2 

Index. 


1203 


Associations,  voluntary,   controlling  common  carriers  and  other 

public  utility  companies,  law  relative  to,  made  uniform    . 

ATLANTIC    STATES    MARINE    FISHERIES    COMMISSION: 

reports  by  members  of,  on  the  part  oi  the  comniouwealth,  time 
for  filing      ......... 

Attachments,  real  estate,  of,  dissolution  of,  by  operation  of  law 
Attleboro,  city  of  (see  Cities  and  towns). 
ATTORNEY    GENERAL: 

obscene   books,   etc.,   information   or   petition  against,   bringing 
of,  by  ........  . 

Salisbury  VVater  Supply  Company,  grant  of  certain  easements 

to,  for  main  sewer,  approval  of  form  of,  by     . 
unclaimed   deposits  in   certain    banks,    payment   of   certain,    to 

state  treasurer,  powers  and  duties  as  to 
veterans'  bonus  law,  so  called,  persons  knowingly  making  false 

statements  relative  to  claims  under,  prosecution  of,  by 
veterans'  services  advisory  council,  to  be  member  of 
Attorney's  liens,  relative  to        ......  . 

Auburn,  town  of  (see  Cities  and  towns). 
AUDITOR,    STATE: 

prison  industries,  so  called,  joint  board  to  survey  administration 
of,  to  be  member  of      .  .  .  .  .        Resolve 

Autioniobiles  (see  Motor  vehicles). 

Average  weekly  wages,  compensation  agreements,  in,  under  work- 
men's compensation  law,  changes  in,  relative  to 
Ayer,  town  of  (see  Cities  and  towns). 


Chap. 

Item  or 
Section. 

649 

1-5 

30 

339 

1.  2 

27S 

1 

459 

365 

731 
73U 
397 

7 

1 

1-3 

22 

347 

B. 

Bail,  admission  to,  of  persons  charged  with  sex  crimes,  so  called, 
law  relative  to,  amended       ...... 

word  "pauper"  eliminated  from  certain  law  relative  to 
Baldassari,  Kenneth,  payment  by  city  of  Boston  of  sum  of  money 
to  father  of  .......  . 

Ballots  (see  Elections). 

BANKING    AND    INSURANCE,    DEPARTMENT    OF: 
banks  and  loan  agencies,  division  of: 

commissioner  of  banks,  deposit  by  banks  of  securities  owned 
by  them  with  other  banks  for  safekeeping  under  regula- 
tions of       ........  . 

loans  insured  by  federal  housing  administrator,  making  by 

banking  institutions,  subject  to  regulations  of 
Massachusetts  Hospital  Life  Insurance  Company,  powers 
with  respect  to,  of,  extended  .... 

savings  banks,  investments  by,  powers  and  duties  as  to 
trust  companies,  reserves  of,  certain,  increase  or  decrease  of 
regulation  of,  by  ...... 

veterans  of  World  War  II,  loans  and  advances  of  credit  to, 
by   trust   companies,   savings  banks,   co-operative  banks 
and  credit  unions  under  regulations  of   . 
veterans'  services  advisory  council,  member  of,  to  be  mem- 
ber of  .......  . 

insurance,  division  of: 

commissioner   of   insurance,    accident   and    health   insurance 

policies  of,  containing  multiple  optional  benefits,  approval 

of,  by 

annual    statements    of    insurance    companies,    powers    and 

duties  as  to 
annuity  contracts,  group,  form  of,  approval  by 

valuation  of,  charges  and  fees  for,  collection  by 
excise  tax  on  certain  insurance  companies  other  than  life 

determination  of,  by    . 
fire  insurance  companies,  domestic  mutual,  establishment 

of  guaranty  capital  in,  duties  as  to 
minimum  payments  to  domestic  insurance  companies  hold- 
ing certain  real  estate  mortgages,  establishment  of  sched- 
ule of,  by    . 
mortality  tables  and  rates  of  interest  for  certain  contribu- 
tory retirement  systems,  certain,  use  of,  by,  etc. 
veterans  of  World  War  II,  loans  and  advances  of  credit  to 

by  insurance  companies,  under  regulations  of 
veterans'  services  advisory  council,  to  be  member  of  . 
Banking  companies  (see  Banks  and  banking). 


235 
101 


360 


164 
66 


327 
377 


46 
730 


341 


1.2 
1.  2 


1-1 


159 
313 
593 

1 
1.2 

721 

4 

726 

188 

406 

1,  2 

46 
730 

1 

1 

IIG 
37 

1.  2 

174 
176 

1.  2 

115 
173 
171 

m 

1 

1204  Index. 

Item  or 
Chap.  Section. 

BANKS    AND    BANKING: 

in  general,  dividends  on  sliures  in  ctTlain  bunking  associations, 

income  tax  exemptions  as  to,  discontinued      .  .  .     736  1, 2 

securities  owned  by  banks,  deposit  of.  for  safekeeping  with 
other  banks  under  regulations  of  cunamissioner  of  banks, 
authorized  .  .  .  .  .  .  .      1H4 

solicitation  by  banks  and  others  for  appointments  as  fiduciaries 

in  trust  estates,  etc.,  investigation  relative  to  Resolve       78 

appropriation 736  {        p^^f^^^ 

tax  returns,  time  for  filing  of,  extended  ....      161  2 

banking  companies,  investments  by,   in  loans  seciu-ed   by  real 

estate  mortgages,  authorized  .  .  .  .192  1,2 

co-operative  banks,  charities  for  public  purposes,  certain,  con- 
tributions to,  by,  authorized  .....        01  2 

conversion  into  federal  savings  and  loan  associations,  exercise 

of  privilege  of,  further  deferred      .....      103 

Co-operative  Banks  Employees  Retirement  Association,  for- 
mation of.  by,  relative  to       ......      190 

Co-operative  Central  Bank,  The,  assessments  by,  on  member 
banks,  further  regulated        ...... 

first  mortgages  on  real  estate  by,  further  regulated 
loans,  additional,  for  benefit  of  ceitain  real  estate  mortgaged 
to,  relative  to       .......  . 

construction,  by,  relative  to      . 

direct-reduction,  by,  limitations  upon  total  liability  of  one 
borrower,  relative  to     ....... 

monthly  payments  upon,  relative  to   . 
federal  agencies,  made  by,  purchase  of  certain,  by 
insured  by  federal  housing  administrator,  making  of,  by 
reduction  of  certain,  in,  amount  to  be  used  for  repairs  in 

connection  with,  increase  of  .  .  .  .  .172 

membership   in   certain   associations,   payments   for,    by,    au- 
thorized        61  2 

mortgages,  co-operative  form,  conversion  to  direct  reduction 

form  by  agreement  in,  authorized  ....      191 

share  savings  accounts  in,  relative  to    .  .      177  1,  2 

veterans  of  World  War  II,  loans  and  advances  of  credit  to, 
when  guaranteed   by   administrator  of  veterans'   affairs, 
by,  relative  to      .  .  .  .  .  .  .40  1-4 

federal  savings  and  loan  associations,  conversion  of  co-operative 

banks  into,  exercise  of  privilege  of,  further  deferred  .  .      193 

Mutual    Savings   Central    Fund,    Inc.,    investments   by   savings 
banks  in   certain   state,   municipal   or  (corporate  interest 

bearing  obligations,  powers  and  duties  as  to    .  .  .     377  4 

savings  banks,   annuity   contracts,   deferred,   assignment  of,   to 
participating  banks  of  Savings  Banks  Employees  Retire- 
ment Association,  relative  to  ....  .      104  2 

charities  for  public   purposes,   certain,   contributions  to,   by, 

authorized  ........       01  1 

deposits,  amounts  of,  law  limiting,  not  applicable  to  deposits 

by  Savings  Banks  Employees  Retirement  Association 
first  mortgages  on  real  estate  by,  further  regulateti 
investment  of  funds  of,  bonds,  certain,  in      . 

first  mortgages  of  real  estate,  in         ....  • 

personal  loans,  certain,  in 

public  service  companies,  securities  of  certain,  in 
Savings  Bank  Investment  Fund,  in  . 

securities  made  eligible  by  commissioner  of  banks  on  re- 
quest of  Mutual  Savings  Central  Fund,  Inc.,  in,  limita- 
tions upon  ........ 

states,  securities  of,  in      . 
loans  by,  financing  repair  and  rehabilitation  of  certain  real 
estate  mortgaged  to  such  banks,  for        .... 

insured  by  federal  housing  administrator,  relative  to  . 
trustees  of,  to,  relative  to  .....  . 

membership  in  certain  associations,  payments  for,  by,  author- 
ized   .......... 

pensions,  payment  of,  by  participating  banks  of  Savings  Banks 
Employees  Retirement  Association         .... 

trustees  of,  loans  to,  relative  to  ..... 

unclaimed  deposits  in,  payment  of  certain,  to  state  treasurer 
veterans  of  World  War  II,  loans  and  advances  of  credit  to,  by, 

when  guaranteed  by  administrator  of  veterans'  affairs  46  1-4 


97 

37 

1,  2 

377 

1-4 

184 

1-3 

197 

1.2 

407 

1.2 

377 

3 

2S3 

1-12 

114 

377 

4 

162 

60 

1,2 

111 

61 

1 

104 

1,2 

111 

365 

ap. 

Item  or 

BMtion. 

63 
37 

S 

88 
66 

1 

53 

I 

261 

157 

550 

1 

207 

1-8 

734 
650 

2.4 

1 

649 

1.2 

371 

1.2 

Index.  1205 


BANKS    AND    BAVKIVG  ~  (onrluded. 

trust  companies,  bad  debts  of,  defined      .  .  ,  .  . 

first  mortgages  on  real  estate  by,  further  regulated 
liabilities  to,  limitation  upon,  when  secured  bv  obligations  of 

the  United  States 

loans  insured  by  federal  housing  administrator,  making  bj' 
reserve  funds,  certain,  of,  increase  or  decrease  of,  by  regulation 
of  commissioner  of  banks      ...... 

savings  departments  of,  deposits  in,  investment  of  (see,  supra, 

savings  banks,  investment  of  funds  of), 
unclaimed  deposits  in,  payment  of  certain,  to  state  treasurer     366 
veterans  of  World  War  II,  loans  and  advances  of  credit  to,  by, 

when  guaranteed  by  administrator  of  veterans'  affairs      .       46  1-4 

Banks  and  loan  agencies,  division  of  (see  Banking  and  insurance, 

department  of). 
Banks,  commissioner  of  ( see  Ranking  and  insurance, department  of) . 
Bar,  admission  to,  educational  reiiuirements  for,  veterans  exempted 
from  certain  ........ 

examinations  for,  applicants  not  restricted  as  to  number  of 
times  they  may  take    ....... 

BARNSTABLE    COUNTY: 

appropriations  for  maintenance  of,  etc.    ..... 

t^ea.  wails,  etc.,  for  towns  in,  construction  of,  contributions  for,  by 
the  county  ........ 

shore  protective  work  necessitated  by  flood  and  hurricane,  con- 
tribution to  cost  of,  by 
tax  levy         .......... 

Barnstable,  town  of  (see  Cities  and  towns). 

Beavers  (see  Game  and  inland  fisheries). 

Becker,  Wilfred  W.,  paj^ment  of  money  to,  by  town  of  Norton 

Bedford,  town  of  (.see  Cities  and  towns). 

Beede,  George  M.,  certain  payment  to,  by  town  of  Westborovigh    . 

Belchertown  state  school,  orders  of  commitment  of  feeble-minded 

person  to,  to  be  directerl  to  superintendent  thereof  .       24 

Belle  Isle  creek,  dredging  of,  between  Boston  Harbor  and  Chelsea 

Creek 716 

Belmont,  town  of  (see  Cities  and  towns). 
Benefit  societies  (see  Fraternal  benefit  societies). 
BERKSHIRE    COUNTY: 

appropriations  for  maintenance  of,  etc.    .....     550  1 

mosquito  control  project  in,  created  .....     456  1, 2 

appropriation 736  |         p^^^  g^j 

Richmond  pond  in  town  of  Richmond,  right  of  wav  to,  laying 

.  out  of,  by 422  1-6 

tax  levy        ;.........     .550  1 

tuberculosis 'hospital  district  of,  care  and  maintenance  of  resi- 
dents of,  at  Hampshire  county  sanatorium      .  506  1—3 
Beverages,  alcoholic  (see  Alcoholic  beverages). 
Beverly,  city  of  (see  Cities  and  towns). 

harbor,    construction   of  additional    sewerage   works   for   South 

Essex  sewerage  district  to  prevent  pollution  of         .  .     431  1-6 

School  for  the  Deaf,  instrviction  of  certain  persons  in  .  .     524 

Billerica,  town  of  (see  Cities  and  towns). 
Bills  of  exceptions  (see  Practice  in  civil  actions). 

Birds,  domesticated,  wrongful  killing,  etc.,  of,  civil  liability  for  .     270  1 

taking  of,  unauthorized,  with  intent  to  exhibit,  mutilate  while 

alive,  etc.,  penalized     .......     27- 

Birth  records,  following  determination  of  relevant  facts  by  probate 

court  .........     542 

illegitimate   children   having   status   of   legitimate   children,   of, 

form  of        .........       65 

Blind,  division  of  the  (see  Education,  department  of). 

Blind  persons,  assistance  to  certain,  and  payment  of  expenses  of 

funeral  and  burial  thereof     .  .  .  .  .541  1-3 

applicants  for,  examination  of,  by  accredited  ophthalmologist     654 
exemption  of,  from  payment  of  fee  for  insurance  brokers'  licenses     368 
feeble-minded,  epileptic,  etc.,  institution  for  care  of,  establish- 
ment of,  investigation  relative  to  .  .  .        Resolve       63 

appropriation  ..... 

instruction  of  certain,  in  certain  schools  . 

rehabilitation  of,  program  of,  use  of  federal  funds  by  division  of 
blind  for     ...... 

91ue  book,  bo  called,  contents  of         .  ,  . 


■yoa  I  0257, 

'"^"  1        Page  959 
524 

661 
262. 


395 

1.2 

692 

1-12 

Gl 

85 
736  f 

0268, 
Page  963 

614 

1.2 

619 

61 

524 

1-11 

1206  Index. 

Item  or 
BOARDS,    STATE:  Chap.  Section. 

See  Commonwealth,  departments,  boards,  commissions,  etc.,  of; 
also  specific  titles  of  state  boards. 
Bonds,  cities,  towns  and  districts,  of  (see  Municipal  finance). 

commonwealth,  of  (see  State  finance). 

investments  in,  by  savings  banks  and  savings  departments  of 

trust  companies  ........     377  1-4 

motor  vehicle  liability  (see  Motor  vehicles,  liability  for  bodily 
injuries,  etc.,  caused  by  security  for). 
Borrowing  (see  County  finance;    Loans;    Municipal  finance;    State 

finance). 
Boston,  and  Cambridge  Bridge  Commission,  abolished   .  690  4 

and  Maine  Railroad,  capital  stock  of  North  Station  Industrial 

Building,  Inc.,  to  acquire  and  hold  ....     427 

city  of  (see  Cities  and  towns). 

Edison  Company,  acquisition  by,  of  easements  in  certain  lands 
acquired  by  city  of  Cambridge  for  water  supply  purposes 
and  located  in  town  of  Lexington  and  city  of  Waltham    .      135  1,  2 

Elevated  Railway  Company,  enclosed  areas,  etc.,  for  convenient 
transfer  of  pas.scngers,  establishment  by 
rapid  transit  facilities  of,  in  East  Boston,  extension  of    . 

harbor,  investigation  of  certain  matters  relating  to    .        Resolve 
piers  extending  into,  from  Boston  Navy  Yard,  certain,  tempo- 
rary extensions  of  ......  .     614  1,  2 

metropolitan  area,  rapid  transit  in,  investigation  relative  to, 
continued,  and  membership  of  special  commission  in- 
creased       .......        Resolve 

appropriation  ........ 

Navy  Yard,  piers  extending  from,  certain,  temporary  extensions 
of,  relative  to      .......  . 

Port  Authority,  abolished,  and  Port  of  Boston  Authority  estab- 
lished ......... 

Port  of,  investigation  of  certain  matters  relating  to       Resolve 
School  for  the  Deaf,  instruction  of  certain  persons  in,  relative  to 
Bourne,  town  of  (see  Cities  and  towns). 
Brady,  Patrick,  payment  of  annuity  to  widow  of,  by  city  of  Somer- 

ville 487  1,  2 

Braintree,  town  of  (see  Cities  and  towns). 

Breaking,  entering,  etc.,  a  building,  ship  or  vessel  with  intent  to 

commit  a  misdemeanor,  penalty  for        ....     229 

Brewster,  town  of  (see  Cities  and  towns). 

Bridges,  publir'  highway,  certain,  care,  control  and  maintenance  of, 

bv  department  of  public  works      .....     690  1-5 

BRISTOL   COUNTY: 

appropriations  for  maintenance  of,  etc.    .  .  .  .  .     550  1 

Bristol   County  Agricultural  School,  work  done  an(l   materials 

furnished  for,  payments  to  certain  persons  for  .  .        72 

county  buildings,  repair,  etc.,  of,  expenditures  for,  authorized     200  1,  2 

registry  of  deeds  building  at  New  Bedford,  repair  work  done  at,  I  208 
bills  for,  payment  by    .  .  .  .  .  .  -  1  209 

tax  levy        ..........     550  I 

tuberculosis   hospital,    expenditures   for   maintenance,    etc.,    of, 

relative  to  ........     576 

trustees  of,  to  be  appointed  by  governor        ....     398  1-5 

Brockton,  city  of  (see  Cities  and  towns). 
Brokers,  insurance  (see  Insurance,  agents  and  brokers). 
Brookline,  town  of  (see  Cities  and  towns). 

Brooks,  Frank  A.,  widow  of,  payment  to,  of  salary  to  which  he 
would  have  been  entitled  as  member  of  executive  council 
had  he  lived  until  end  of  term,  authorized       .        Resolve       43 

.   ,.  7or  /         0401-06, 

appropriation 736  |         p^^^  ^^^ 

Budget,  state,  biennial,  references  to,  to  be  construed  as  referring 

to  annual  budgets         .......       38  9 

f                 248  h 

i                 260  1-3 

!                 404  J-10 

490  1-6 

I                 682  1-6 

appropriation  acts  and  resolves        ....■{                 689  1-7 

i                  7,32  t-4 

I                  736  1-7 
Resolve     9 
Resolve   16 
Resolve  44 


Index. 


1207 


Budget,  state  - —  Concluded. 

fonstitutional    amendment    p^o^'^rling    for    an    annual,    rertain 
changes  in  laws  relative  to  state  finance  necessitated  by    . 
Buildings,  breaking  and  entering  of,  with  intent  to  commit  a  mis- 
demeanor, penalty  for  ...... 

dangerous,  prevention  of  undue  delay  in  enforcement  of  laws 
relative  to  certain  ....... 

egress  from  certain,  laws  relating  to,  further  clarified 

safe  means  of,  further  provided  for       ..... 
explosives  and  inflammables,  keeping,  etc.,  for,  erection  and  use 

of 

inspection,  regulation  and  licensing  of,  etc.,  relative  to 

licenses  for  use  of,   for  certain  purposes,  issuance  of,  in  more 

efficient  manner  ....... 

mercantile  establishments,  basements  of,  to  be  equipped  with 

automatic  sprinklers  under  certain  circumstances    . 

revolving  doors,  use  of,  in  certain,  relative  to   . 

safety  of  persons  in,  laws  relative  to,  administration  and  en- 
forcement of  certain     ....... 

injuries  caused  by  violation  of,  liability  of  certain  persons 
for,  clarified  ........ 

perfecting  amendments,  certain,  in    . 

powers  and  duties  of  inspectors  and  others  in  enforcement 

of,  unnecessary  overlapping  of,  prevented 
terms,  certain,  as  used  in,  further  defined 
word,  as  used  in  laws  relating  to  fire  prevention,  defined    . 
Bunker  Hill  monument,  tablets  commemorating  war  services  of 
Charlestown  residents,  placing  of,  on,  investigation  rela- 
tive to         ......  .        Resolve 

Burke,  Michael  J.,  acts  as  justice  of  the  peace,  validated      Resolve 


Chap. 

Item  or 

Section. 

242 

1-16 

229 

697 
/474 
1536 

528 

1-5 
1,2 

415 
674 

1,2 
1,2 

526 

481 

/482 
1  722 
/482 
\722 

4 
1 
4 
2 

510 
700 

1-4 

533 

480 
470 

1-4 

21 
50 

c. 

Cabins,  overnight,  licensing  of,  relative  to  . 

Call  firemen  (see  Fire  departments). 

Cambridge,  city  of  (See  Cities  and  towns). 

Camps,  licensing  of  certain,  relative  to  .... 

Candidates  (see  Elections). 
Capital  stock  (see  Corporations;  Securities). 
Capitol  police,  classification  of,  under  state  retirement  system 
Carriers,  charter,  provisions  of  law  relative  to  railroads  and  street 
railway  companies,  certain,  extended  to  certain 
common,  affiliated  companies  of,  examination  of  books  of 

forms  of  returns  made  by,  alteration  of,  by  department  of  pub 
lie  utilities,  time  for,  shortened       .... 

ships  and  vessels,  certain,  operators  of,  furnishing  or  render- 
ing certain  services  to  be  regulated  as    . 
voluntary  associations  and  trusts  controlling,  law  relative  to 
made  uniform      ....... 

See   also   Motor  vehicles,   pa.ssengers,   transporting,   for  hire 
Motor  vehicles,  property,  transporting. 
Cats,  taking  of,  unauthorized,  with  intent  to  exhibit,  mutilate  while 
alive,  etc.,  penalized     ...... 

Cattle,  neat,  larceny  of,  penalty  for,  increased 
Caucuses  (see  Elections). 
CEMETERIES: 

Friends  (Quaker)  Cemetery,  property  and  trust  funds  of,  transfer 
of,  to  town  of  Marion ....... 

Lakeside  Cemetery  Association,  town  of  Webster  authorized  to 

receive  and  administer  property  of,  etc. 
Marion  Evergreen  Cemetery,  property  and  trust  funds  of,  trans- 
fer of,  to  town  of  Marion       ...... 

North  Marion  Cemetery  Association,  property  and  trust  funds 
of,  transfer  of,  to  town  of  Marion  .... 

Old  Landing  Cemetery  Association,  property  and  trust  funds  of, 
transfer  of,  to  town  of  Marion        ..... 

West  Dennis  Cemetery  Corporation,  receipt  and  administration 
of  property  of,  by  town  of  Dennis  .... 

Westwood  Cemetery,  Lexington,  perpetual  care  fund  of,  invest- 
ment of       ........  . 


153 


153 


630 


647 
577 

1-5 

199 

175 

649 

1-6 

272 
713 

1.2 

189 

1-6 

102 

1-5 

189 

1-6 

189 

1-6 

189 

1-6 

126 

39 

1.2 

1208 


Index. 


Certificates  of  registration  (see  Licenses  and  permits;  also  specific 

titles). 
Charitable  trusts,  investigation  relative  to  .        Resolve 

Charities,  certain,  for  public  purposes,  contributions  to,  by  savings 

and  co-operative  banks,  authorized         .  .  .  . 

Charles  river,  southerlj^  side  of,  storm  overflow,  conduits,  pumping 

stations,  etc.,  construction  of,  along        .... 
Charles  River  valley,  mosqi:ito  nuisance  in,  investigation  relative 

to       ..•■••  •        Resolve 

appropriation     ......... 

Charter  carriers  (see  Carriers,  charter). 
Chelsea,  city  of  (see  Cities  and  towns). 
Chicopee,  city  of  (see  Cities  and  towns). 

River  valley,  water  supply  needs  of  municipalities  in.  investiga- 
tion of         ......  .        Resolve 

appropriation  ........ 

Child  guardianship,  division  of  (see  Public  welfare,  department  of). 

Children,  adoption  of,  consent  to  .....  . 

death  benefit  certificates  as  to,  issuance  by  fraternal  benefit 
societies,  eliminating  requirement  of  medical  examination 
as  a  prerequisite  to       ......  . 

dependent,  aid  to,  from  date  of  application  therefor 

employment  of  (see  Minors). 

mentally  deficient,  care  and  treatment  of,  at  the  hospital  cot- 
tages for  children  ....... 

mothers  with  dependent,  aid  to  (see  Mothers  with  dependent 
children,  aid  to). 

neglected,  commitment  of,  investigation  relative  to  .        Resolve 

physically  handicapped,  certain,  education  of,  relative  to  . 

rheumatic  heart  disease,  suffering  from,  admission  of,  to  North 
Reading  state  sanatorium      ...... 

school  attendance  of  (see  Schools). 

See  also  Infants;  Minors. 
Chilmark,  town  of  (see  Cities  and  towns). 

Chiropodists,    possession   of  hypodermic  instruments  by,    further 
regulated    ....... 

Christ  Church,  Cambridge,  name  of  Episcopal  Society  in  Cam- 
bridge changed  to  ....  . 

Christensen,  Robert  H.,  city  of  Brockton,  payment  by,  of  si 
of  money  to  parents  of  ...  . 

CHURCHES   AND   RELIGIOUS    CORPORATIONS: 

annual  meetings  of  incorporated  religious  societies,  time 

Christ  Church,  Cambridge,  name  of  Episcopal  Society  in  Cam- 
bridge changed  to  ....  . 

F'irst  Church  of  Christ  in  Lynn  (Congregational),  united  with 
the  North  Congregational  Church  of  Lynn,  Massachusetts 

First-Grace  Universalist  Parish  in  Lowell,  formation  of 

First  Universalist  Societ.y  in  Lowell  consolidated  with  Grace 
Universalist  Parish  of  Lowell  .  .  . 

Grace  Universalist  Parish  of  Lowell  consolidated  with  First 
Universalist  Society  in  Lowell        .... 

Lynn  First  Congregational  Parish  or  Society,  gifts,  etc.,  to, 
vested  in  First  Church  of  Christ  in  Lynn  (Congregational) 

North  Congregational  Church  of  Lynn,  Mass.,  The,  united  with 
First  Church  of  Christ  in  Lynn  (Congregational) 

Cigarette  taxes,   provisions  for  . 

CITIES   AND   TOWNS: 
in  general : 

accounts  of  (see  Municipal  finance). 

agreements,  certain,   with  other  governmental   units  relative 

to  performance  of  certain  public  services,  authorized 
airports,  acquisition,  etc.,  of,  by,  investigation  of       Resolve 

appropriation  ........ 

alcoholic  beverages,  sale  of,  licenses  for,  number  of,  in,  further 
regulated    ......... 

See  also  Alcoholic  beverages, 
appropriations  by,  for  indemnification  of  certain  public  em- 
ployees for  damages  sustained  through  operation  of  certain 
publicly  owned  vessels,  and  effecting  of  insurance  therefor 
See  also  Municipal  finance. 


Chap. 

19 

61 

705 

35 
736 


83 
736 


/2.39 
1300 


329 
412 


451 

15 
534 

453 

509 

170 

309 

28 

170 

181 
210 

210 

210 

181 

181 

547 

,731 

438 

87 

736  I 
666 

391 


Item  or 
Se«tioii. 


1,2 
1 


2015-22, 
Page  959 


0267, 
Page  963 


1-6 
1-5 

1-6 

1-5 

3 

1-6 

1-3 

9 


0269, 
Page  963 


1-3 


Index.  1209 

Item  or 
Cbap.  Section. 

CITIES    AND    TOWNS  —  Co?itinued. 
in  general  —  Continued. 

assembly,  places  of,  in  (see  Buildings). 

assessors  (see  Assessors  of  ta.xes). 

borrowing  of  money  by,  public  welfare  and  soldiers'  benefits, 

for 73  1-4 

tax  titles,  based  upon       .......     324  1, 2 

See  also  Municipal  finance. 

buildings  in  (see  Buildings). 

caucuses  (see  Elections). 

civil  service  laws,  application  to  (see  Ci^^I  service  laws). 

clerks  of  (see  Cit.y  and  town  clerks). 

collectors  of  taxes  (see  Collectors  of  taxes). 

departments,  boards  and  commissions  of,  disclosure  by,  of 
records,  etc.,  concerning  persons  in,  or  formerly  in,  mili- 
tary or  naval  service  in  time  of  war,  or  their  dependents, 
who  apply  for  financial  aid,  etc.,  prohibited  and  penalized     .■540 

districts,  formation  of,  by  adjoining,  for  enforcement  of  laws 

relative  to  prevention  of  fire,  etc.  ....     674  1,  2 

election  officers  in,  appointment  of        ....  .     3G3 

elections  (see  Elections). 

employees  of  (see  Municipal  officers  and  employees). 

finances  of  (see  Municipal  finance). 

fire  departments  of  (see  Fire  departments). 

flood  control,  loss  of  taxes  on  property  taken  for,  reimburse- 
ment for,  of 592  1,  2 

franchise  taxes,  determination  of  amounts  of,  notice  of,  to     .     687 

health,  boards  of  (see  Health,  local  boards  of). 

highway  fund,  portion  of,  payment  by  commonwealth  to  719  1,2 

income  taxes,  distribution  to        .  .  'J  z^s  ~ 

\  735  4 

indebtedness  of  (see  Municipal  finance). 

indigent  persons  (see,  infra,  poor  persons). 

insurance  providing  indemnity  for  or  protection  to  municipal 
officers  and  employees  for  damages  sustained  on  account 
of  operation  oi  certain  publicly  owned  vessels,  authorizerl     391  2 

licenses  and  permits  (see  Licenses  and  permits). 

liens,  attorney's,  law  relative  to,  as  affecting  .  .     397  1 

liquors,  alcoholic,  manufacture,  sale,  etc.,  of,  in  (see  Alcoholic 
beverages) . 

loans  by  (see,  supra,  borrowing  of  money  by). 

metropolitan  districts?,  in  (see  Metropolitan  districts). 

National  Industrial  Recovery  Act,  law  relative  to  securing  of 

benefits  of,  by,  repealed         ......       74  7 

needy  persons  (see,  infra,  poor  persons). 

nomination  of  candidates  (see  Elections). 

officers  of  (see  Municipal  officers  and  employees;  and  specific 
titles  of  officers). 

old  age  assistance  by,  further  regulated  ....     683  1-4 

state  reimbursement  for,  from  old  age  assistance  fund  .  684 

pensions  (see  Retirement  systems  and  pensions). 

permits  by  (see  Licenses  and  permits). 

plumbing,  inspectors  of,  appointment  of,  in  .  .     703  11 

police  of  (see  Police  officers). 

political  committees  of  (see  Elections). 

poor  persons,  certain,  payment  for  funei'al  and  burial  of,  by, 

etc 668  1,2 

poultry  slaughtering  houses  in,  establishment  and  operation 

of,  licensing  of     .  .  .  .  .  .  679 

primaries  (see  Elections). 

public  services,  agreements,  certain,  relative  to  perform tmce 

of  certain,  making  of,  with  other  governmental  units  438 

public  welfare  and  soldiers'  benefits,  borrowing  of  monev  for, 

by "         .        73  1-4 

pubh'c  welfare,  boards  of  (see  Public  welfare,  local  boards  of). 

public  works  projects,  federal  assistance  in,  securing  of  bene- 
fits of,  by    74  1-7 

registrars  of  voters  (see  Registrars  of  voters). 

retirement  systems  (see  Retirement  systems  and  pensions). 

school  salaries,  certain,  reimbursement  by  commonwealth  for, 

to,  further  regulated     .......     563 

schools,  school  committees,  etc.  (see  Schools,  public). 

soldiers  and  sailors,  certain,  i-ecording  of  discharge  or  reluase 
papers  of,  with  local  officials  in  charge  of  veterans'  mat- 
ters in         ........  .     374  1, 


1210 


Index. 


CITIES    AND    TOWSS  —  Continved. 
in  general  —  Concluded. 

stabilization  funds,  appropriation  of  money  for,  by 

state  tax  (see,  infra,  tax,  state). 

taxation,  local  (see  Taxation). 

taxes,  loss  of,  on  state  lands  under  control  of  department  of 

conservation,  reimbursement  for,  to        . 
tax, county,  upon        ....... 

basis  of  apportionment  established 
state,  upon     ........ 

basis  of  apportionment  established 
warrants  for  payment  of,  postponing  of  issuance  of 
taxes,  collectors  of  (see  City  and  town  collectors;    Collectors 

of  taxes), 
tax  titles,  borrowing  of  money  based  upon,  by        . 

land  acquired  through  foreclosure  of,  by,  recording  of  deeds 
conveying  .  .  .  .  .    '      . 

teachers,  men  and  women,  in  public  day  schools,  equal  pay  for 

retirement  of  (see  Retirement  systems  and  pensions), 
treasurers  of  (see  City  and  town  treasurers). 
United    States   or    agencies    thereof,    acquisition    of   personal 

property  from,  by,  certain  formalities  dispensed  with 
vacations  to  certain  employees  of,  who  return  to  the  service  of 

certain,  after  serving  in  armed  forces,  granting  of    . 
vessels  owned  by,  operation  of,  indemnification  of  municipal 
officers  and  employees  for  damages  sustained  on  account 
of,  and  effecting  of  insurance  therefor     .... 

veterans,  advice,  information  and  assistance  to,  municipal  de- 
partments and  districts  for,  establishment,  etc. 
deceased,  copies  of  records  of  deaths  of,  to  be  sent  by  mu- 
nicipalities where  they  died  to  municipalities  where  they 
were  buried  ........ 

funerals  and  memorial  services  of,  attendance  at,  by  mu- 
nicipal employees  who  are  veterans,  without  loss  of  pay, 
authorized  ........ 

matters  pertaining  to,  local  officials  in  charge  of,  recording 
of   discharge   or   release   papers   of   certain   soldiers   and 
sailors  with  ........ 

voters,  registration,  continuous,  of,  in 

ways,    public,    of,    transportation   of   garbage,    etc.,    through, 
relative  to  ........ 

See  also  Ways. 
cities,  city  councils  (see  City  councils). 

mayors  (see  Mayors). 
towns,  assistant  town  clerks  in,  of  less  than  twenty  thousand 
inhabitants,  compensation  of  ....  . 

moderators  of  (see  Moderators). 
selectmen  (see  Selectmen). 

snow  removal,  recent,  in  certain  small,  payment  of  portion  of 
expense  of,  by  commonwealth        ..... 

ways,  public,  agreements  for  the  removal  of  snow  and  ice  from, 
etc.,  in  adjoining  towns  ...... 

special  provisions  relative  to  particular  cities: 

Attleboro,  biennial  municipal  elections  in,  holding  of,  in  odd 
numbered    years,    providing    for,    and    establishing    date 
thereof        .  .  .  . 

Beverly,  apportionment   of   costs   in    South  Essex  Sewerage 
District,  determination  of  taxable  valuations  for  purpose 
of,  change  of  date  of,  as  affecting  .... 

elections  in,  polling  hours  at     . 

harbor  in,   construction   of  additional   sewerage  works  for 
South  Essex  sewerage  district,  to  prevent  pollution  of 
Boston,  absent  voting  at  regular  municipal  elections  in  . 

Airport,  General  Edward  Lawrence  Logan,  at  East  Boston, 
agreements,  certain,  pertaining  to,  with  state  depart- 
ment of  public  works,  authorized  to  enter  into 
continued  development  of     . 
assessors,  deputy,  of,  salaries  of,  established 
auctioneer  in  office  of  board  of  real  estate  commissioners, 
position  placed  under  civil  ser\ace  .... 

auditing  and  budget  departments  of,  certain  positions  in, 
placed  under  civil  service      ...... 

Baldassari,  Kenneth,  father  of,  payment  of  sum  of  money 
to,  by  ........  . 


Chap. 

124 


5G4 
550 
559 
712 
559 
325 


324 

78 
727 

661 
447 

391 
723 

439 

348 


374 
246 


423 


245 


560 
319 


224 


Item  or 
Section. 


I 
1-4 

1,2 
1,2 

1-4 

1-3 

1-8 


1.  2 


1-6 


169 
144 

1,2 

431 
139 

1-5 
1-7 

383 
383 
263 

3 
1-7 
1,  2 

652 

1-3 

495 

1.2 

360 

1,2 

Index. 


1211 


CITIES    AND    TOWNS        Continur,!. 

special  provisions  relative  to  particular  cities  —  Continnerl. 
Boston  —  Continurd . 

Chapman  place  in,  bridgR  over,  construction  and  mainte- 
nance of      ........  . 

Charlesbank  in,  certain  park  land  known  as,  transferred  by 
park  department  to  trustees  under  will  of  George  Robert 
White,  time  for  completing  certain  improvements  on, 
extended     ......... 

city  clerk,  to  act  as  mayor  under  certain  conditions  until 
next  election        ........ 

city  council,  compensation  of  members  of,  established 
president  of,  or  successor,  to  act  as  mayor  until,  etc. 

Connors,  John  J.,  payment  of  sum  of  money  to,  by    . 

Curley,  John  A.,  payment  of  certain  compensation  to,  by 

Doherty,  John  S.,  payment  of  sum  of  money  to,  by    . 

Dorchester  district  of,  Malibu  beach  in,  further  sanding  of 

East  Boston,  acquisition,  development  and  maintenance  of 
certain  property  in,  for  park,  beach  and  other  recrea- 
tional purposes,  inve.«tigation  relative  to      .        Resolve 
armory  in,  erection  of,  investigation  relative  to     Resolve 
rapid  transit  facilities  in,  extension  of     . 
sea  wall,  construction  of,  in 

election,  special,  to  fill  office  of  mayor,  eliminated 

emergency  allotment  plan  of,  extended       .... 

excavations  in,  making  of,  regulated  .... 

fire  commissioner,  office  of,  may  be  held  by  the  chief  engi- 
neer of  the  fire  department  ...... 

Granite  Avenue  bridge  between,  and  Milton,  retirement 
allowances  of  persons  employed  at  ...  . 

Havey,  John  A.,  Memorial  Beach  in  West  Roxbury  district 
of,  alteration  and  enlargement  of  . 

Houghton  &  Button  Building,  so  called,  necessary  renova- 
tions in,  bj' 

licensing  board,  salaries  of  members  and  secretary  of,  in- 
creased       ......... 

Manor  Cafe,  Inc.,  refund  of  certain  license  fee  to,  bj^ 

Mayer,  Robert  A.,  wndow  of,  payment  of  annuity  to,  by 

mayor,  president  of  city  council  to  act  as,  until,  etc.  . 
special  election  to  fill  office  of,  eliminated 
traffic  tunnel  bonds,  certain,  powers  and  duties  as  to 

naval  establishments,  acquisition  by  United  States  of  cer- 
tain lands  for  use  as,  in  . 

officials  and  employees,  certain,  of,  emergency  compensa- 
tion allotment  plan,  participation  in  benefits  of,  by,  ex- 
tended        ......... 

overlay  deficits  in,  relative  to  . 

payrolls,  etc.,  of  persons  in  employment  of,  contents  of 

penal  institutions  department  of,  office  of  court  officer  and 
constable  in,  title  of,  changed  to  office  of  commitment 
and  transfer  officer  and  placing  of  said  office  under  civil 
service  laws  ........ 

police  commissioner,  salary  of,  increased    .... 

police  department  of,  certain  m.embers  of,  pensions  of,  re- 
tired for  accidental  disability,  relative  to  .  .  . 

Port  of  Boston  Authority  in,  establishment,  powers,  duties, 
etc.    .......... 

public  bathing  beaches  in,  certain,  acquisition  of,  by  met- 
ropolitan district  conmiission,  investigation  relative 
to         ......  .        Resolve 

appropriation  ........ 

public  works  department  of,  powers  and  duties  as  to  cer- 
tain traffic  tunnel  bonds        ...... 

rapid  transit  facilities  in  East  Boston  district  of,  extension  of 
real   estate   commissioners,    board   of,   in,   po.sition   of  auc- 
tioneer in  office  of,  placed  under  civil  service 
powers  and  duties  of,  relative  to    . 
recounts  of  ballots  in,  petitions  for    ..... 

school    committee    of,    submission    of   annual    budgets   by, 
required  ........ 

traveling  expenses,  etc.,  of,  increase  in  appropriation  for 
certain    ......... 


Chap. 


221 


.302 


642 


Item  or 
Section. 


1-4 


4 

461 

1,  2 

4 

1.2 

297 

1,2 

370 

1,2 

296 

1.2 

655 

692 

1-12 

686 

S 

1.2 

105 

1,2 

204 

1.2 

304 

1.2 

353 

1-7 

688 

1-3 

259 

1.2 

305 

1,2 

.387 

1,2 

669 

1,2 

4 

1,2 

8 

1.2 

361 

1-8 

1-3 


105 
108 
334 

1,2 
1.2 

118 
698 

1-3 
1,2 

446 

1.2 

619 

1-11 

64 
736  ( 

8602-^2. 
Page  959 

361 
692 

5 
1-12 

652 
433 
315 

1,2 

513 

709 

1,2 

1212 


Index. 


Chap. 
CITIES    AND    TOWNS  —  ronf in  >,p(). 

special  provisions  relative  to  particular  cities — Continued. 

Boston —  Concluded . 

sehoolhouse    oust.orlijin,    position    of,    exempted    from    civil 

service  laws  ........     365 

sewer  assessments  in        .  .  .  .  .  .  .511 

sinking  funds,  board  of  commissioners  of,  powers  and  duties 

as  to  proceeds  of  sale  of  traffic  tunnel  bonds  .  .  361 

South  Boston  municipal  court  in,  reimbursement   of  chief 

probation  officer  of,  for  money  stolen  from  his  office        .      198 
south   metropolitan    sewerage    system,    exclusion    from,    of 

certain  areas  in,  investigation  relative  to        .        Resolve       61 
Sumner  Tunnel,  borrowing  of  money  for  purposes  of,  by  .     361 

reimbursement,  partial,  to,  for  expenses  incurred  in  opera- 
tion and  maintenance  of      .  .  .        Resolve       33 

appropriation         .......     736 

Tamworth  street  in,  bridge  over,  construction  and  mainte- 
nance of,  by  trustees  of  Roessel  real  estate  trust    .  196 

teachers  and  superv-isors  of,  payment  of  pensions  to,  rela- 
tive to 685 

transit  department  of,  secretary  of,  position  of,  incum- 
bent of,  placed  under  civil  service  ....      183 

treasurer  of,  powers  and  duties  as  to  certain  traffic  tunnel 
bonds  .  .  .  .  361 

voting  machines  for  primaries  and  elections,  in,  installation 

and  use  of,  relative  to  ......       84 

West  Roxbury  district  of,  public  shelter  in,  erection  of      .     650 
Brockton,  payments  by,   to  parents  or  guardians  of  certain 

minors  injured  at  the  Huntington  school  .  .  .     309 

playground  department  of,  control  of  O'Donnell  park 
changed  to,  from  park  department  ....     220 

Cambridge,  Alewife   brook  in,   improvements   to,   bj'   metro- 
politan district  commission  ......     566 

baseball  field  adjoining  Magazine  beach  in,  improvement  of     519 

conduits,  pumping  stations,  etc.,  construction  of  certain,  in     705 

Harvard  Square  in,  relocation  of  surface  structure  used  in 
connection  with  Cambridge  subway  at,  investiga- 
tion relative  to      .  .  .  .        Resolve       69 

appropriation  ........     736 

Memorial   Drive  in.   traffic  signal   on,   manually  operated, 

installation  and  maintenance  of     .  .  .  .     540 

Pacific  and  Sidney  streets  in,  bridge  over,  construction  and 
maintenance  of,  by  The  Simplex  Wire  and  Cable  Com- 
pany .  .  ■  .  .  .69 

Pacific  street  in,  bridge  over,  construction  and  maintenance 
of,  by  The  Simplex  Wire  and  Cable  Company  .  .       70 

railroad  grade  crossings  in,  certain,  abolition  of,  investiga- 
tion relative  to    .  .  .        Resolve       48 

sealer  of  weights  and  measures  of,  certain  fees  of,  relative  to     146 

water  supply  of,   lands  acquired  in  connection  with,   con- 
veyance   of    easements    in    certain,    to    Boston    Edison 
Company   .  .  .  .  .  .  .     135 

Chelsea,  park  land,  certain,  in,  transfer  to  trustees  of  Soldiers' 

Home  in  Massachusetts         ......     432 

Chicopee,  assessors,  board  of,  members  of,  election  by  popular 

vote  ..........       44 

board  of  health,  agent  of,  appointment  of  ...       33 

boundary  line  between,  and  Springfield,  partly  established     274 

city  collector,  election  of,  by  popular  vote  .  .       43 

Everett,  Dunphy,  Thomas,  widow  of,  payment  of  annuity  to, 

by 450 

payment  to,  by  commonwealth  for  damages  to  Sacramone 

playground,  so  called     ....        Resolve       62 

appropriation  ........     736 

Fall  River,  conveyance  of  certain  property  to,  by  department 

of  public  works   ........  562 

payments  by,  to  town  of  Dartmouth  in  lieu  of  certain  taxes  494 

pier  and  terminal  facilities  in,  construction  of  certain            .  665 
Gardner,     armory     in,     erection     of,     investigation     relative 

to       .......          .        Resolve  27 

division  of,  into  voting  precincts,  in  current  year  326 


Item  or 
Section. 


1-5 

1-4.7 

2 

1-10 

2960-02. 
Page  960 

1-4 

1-4 

1,2 

1,  6-8 

1,2 
1-3 
1,2 


0261, 
Page  960 


1-4 
1-4 


1 
1,2 
1-6 


1-4 
1-6 

1.2 


8902-37, 
Page  959 


1,2 

1-7 


1.3 


Index.  1213 


!hap. 

Item  or 
Section. 

639 

1-3 

26 

1-3 

117 
117 

1.2 
1.2 

434 

1.2 

211 
138 

1-4 

286 
636 

1,  2 
1.2 

163 

1,2 

380 

1.2 

CITIES   AND    TOWNS —  Continued. 

special  provisions  relative  to  particular  cities    -  Continued. 

Gloucester,  military  reservation  in,  acquisition  of,  by  United 

States  ......... 

Haverhill,  city  soli<'itor,  appointment  of,   by  mayor  without 

approval  of  municipal  council,  authorized 
Holyoke,  parks  and  recreation  department  of,  transfer  by,  of 
certain  parcels  of  land  ...... 

school  committee  of,  transfer  to,  of  certain  parcels  of  land    . 

school  physicians,  medical  inspectors  and  school  nurses  in, 

relative  to  ........ 

tenement  houses  in,  public  halls  and  stairs  in,  lighting  of, 
regulated    ......... 

LawTence,  elections  in,  polling  hours  at  ...  . 

fire  department  of,  permanent  members  of,  certain,  repay- " 
ment  to,   of  contributions  made  to  contributory  retire- 
ment system  and  establishment  of  retirement  rights  of 
such  members      ....... 

mayor  and  city  council  of,  salaries  of,  increases  in,  author- 
ized   .......... 

Montefusco,  Constance  J.,  mother  of,  reimbursement  of,  for 
certain  expenses  ....... 

Lowell,  city  auditor,  cdty  clerk  and  city  treasurer  of,  designa- 
tion by  each  of  a  substitute  for,  during  absence  or  dis- 
ability, authorized         .  .  .  .  .  .195  1,2 

election  commissioners  of,  eligibility  of,  for  certain  salary 
increases,  established    ....... 

military  reservation  in,  acquisition  of,  by  United  States 
Lynn,  armory,  acquisition  of  land  for  purposes  of,  in,  investi- 
gation relative  to  ....  .        Resolve 

city  council,  of,  filling  of  vacancies  in  ...  . 

harbor  in,  dredging  of  anchorage  basin  in  ... 

ofRcials  and  employees  of,  making  or  sharing  in  contracts 

by,  relative  to      .......  . 

Marlborough,  payment  of  certain  overdrafts  and  unpaid  bills 

of 

Medford,    Alewife    Brook   in,    improvements   to,    certain,    by 
metropolitan  district  commission  ..... 

conduits,   pumping  stations,  etc.,  in,   for  sewage  disposal, 

construction  of    . 
park  commissioners  of,  sale  of  certain  park  lands  by     . 
Melrose,  main    and  particular  sewers,  certain,  in  eastern  sec- 
tion of,  relative  to         ......  . 

New  Bedford,  equipment,  certain,  of  New  England  Telephone 
and  Telegraph  Company  and  American  Telephone  and 
Telegraph  Company  in,  relative  to         ...  . 

port  facilities  of,  improvement  of       . 
Newton,  Riverside  Public  Golf  Links  in,  designated  as  Leo 
Jerome  Martin  Memorial  Golf  Course    .... 

North  Adams,  election  districts  in,  certain,  use  of 
Northampton,  hospital  owned  or  leased  by,  certain  expenses 
of,  contribution  of  certain  sums  towards,  by  county  of 
Hampshire  ........ 

Peabody,  payment  of  certain  unpaid  bills  authorized 

South  Essex  sewerage  district,  apportionment  of  costs  in. 

determination   of   taxable    valuations   for   purpose   of, 

change  of  date  of,  as  affecting ,  . 

construction  of  additional  sewerage  works  for,  in 

Quincy,  channel  from  Quincy  bay  to  WoUaston  and  Squantum 

Yacht  Clubs  in,  dredging  of  ..... 

city  hall  in,  erection  of,  restrictions  relative  to,  provisions 
of  charter  imposing,  repeal  of         ....  . 

firemen  in,  retirement  allowances  of,  increased   . 
mayor  and  city  council  of,  salaries  of,  relative  to 
Nut  Island  in,  construction  of  sewage  treatment  plants,  etc., 
for  disposal  needs  of  south  metropolitan  sewage  district  at 
Revere,  municipal  elections  in,  time  for  holding  of,  changed 
parking  area  in,  establishment  and  maintenance  of,  by  met- 
ropolitan district  commission  ..... 

Revere  Beach  in,  additional  recreational  facilities  at,  pro- 
vided for  .  .  .  .  .  . 

sanding  of,  investigation  relative  to  .        Resolve 

zoning  ordinance  of,  validated  ..... 


594 
628 

1.2 
1-3 

27 
385 
686 

1,2 

544 

1.2 

234 

1-4 

566 

705 
96 

1 

471 

1-7 

71 
673 

1 
1,2 

357 

178 

1,2 
1,2 

59 

219 

1 
1-4 

169 
431 

1-6 

718 

112 
601 
129 

1.2 
1,2 
1,2 

705 
222 

1 

695 

656 

28 

107 

1.2 

1214 


Index. 


CITIES    AND    TOWNS  —  Continued. 

special  provisions  relative  to  particular  cities  —  Concluded. 
Salem,   Barton   Square   in,   bridge  over,   maintenance  of,    by 
Sylvania  Electric  Products,  Inc.    ..... 

harbor  in,   construction  of  additional   sewerage   works  for 

South  Essex  sewerage  district  to  prevent  pollution  of 
payment  of  certain  unpaid  bills  by    .  .  .  . 

police  department  of,  radio  technician  in,  office  of,  placiri 

under  civil  service  laws,  authorized 
pollution  in  North  River,  elimination  of,  borrowing  of  money 
for,  by         .......  . 

South  Essex  sewerage  district,  additional  sewerage  works 
for,  construction  of,  in       ....  . 

apportionment  of  costs  in,  determination  of  taxable  valu 
ations  for  purpose  of,  change  of  date  of,  as  affecting 
Somerville,  Alewife  Brook  in,  improvements  to,   certain,   by 
metropolitan  district  commission  .... 

Brady,  Patrick,  payment  of  annuity  to  widow  of,  by 
conduits,   pumping  stations,   etc.,  in,   for  sewage  disposal 
construction  of,  relative  to    . 
Springfield,    boundary   line    between,    and    Chicopee,    partly 
established  ....... 

building  ordinances  in,  administration  of,  appeals  from  de- 
cisions made  in    . 
division  of  city  into  voting  precincts  before  May  1,  1945,  to 
take  effect  forthwith    ...... 

lines,   poles,    etc.,    of   certain   public   utility   companies   in 
validated    ........ 

Mill  river,  flood  protection  works  along,  construction  of 

Taunton,  payment  to,  of  share  of  unexpended  balance  of  fund 

for  improvement  of  part  of  Taunton  River      .        Resolve 

Waltham,  lands  in,  certain,  acquisition  of  easements  in,   by 

Boston  Edison  Company       ...... 

military  reservation  in,   acquisition  of,   by  United   States, 
relative  to  ........ 

Prospect  Hill  Park  in,  leasing  of  certain  portions  of,  and 
granting  of  certain  easements  therein     .... 

VV'estfield,  school  department  of,  appropriations  made  for,  for 

current  year,  payments  of  certain  unpaid  bills  from 
Woburn,  recreation  commission  in,  establishment,  etc.   . 
Worcester,  employees,  certain,  of,  permitted  to  withdraw  from 
retirement  system  of,  etc.      ...... 

retirement  system  of,  certain  funds  under,  rate  of  interest 
allowed  on,  reduced      ....... 

Saturday  haif-holiday  for  laborers  in,  provisions  for,  clari- 
fied and  adjusted  ....... 

special  provisions  relative  to  particular  towns: 
Abington,  water  supply  of,  source  of,  relative  to    . 
Acushnet,  Acushnet  Fire  and  Water  District,  taking  over  prop- 
erties and  assuming  obligations  of,  by    . 
Adams,  appropriation  by,  of  money  to  restore  bequests  for 
maintaining  cemetery  lots     .  .  .  .  .     _      • 

Agawam,  land  in,  certain,  leasing  of,  by  town  of  West  Spring- 
field   

Andover,  appropriation  by,  of  money  for  tercentenary  cele- 
bration       .  .  .  .  •..-.• 

call  firemen  in,  positions  of,  removal  from  civil  service  laws 
Arlington,  conduits,  pumping  stations,  etc.,  in,  for  sewage  dis- 
posal, construction  of  .  .  .  .  .  .        _  • 

public  shelter,  erection  of,  by  metropolitan  district  commis- 
sion at  Park  Circle  in  .  .  .  ... 

Auburn,  chief  of  police,  office  removed  from  civil  service  . 
Ayer,  sewers  and  drains,  construction  of,  amount  to  be  borrowed 
for,  increase  of    .  .  .  .  .  •  •       _   • 

Barnstable,  repair  of  flood  and  hurricane  damage,  etc.,  in, 
relative  to  ........ 

sewer  system  in,  users  of,  annual  rental  or  charges  for  . 
shore  protective  work  necessitated  by  flood  and  hurricane, 
contribution  to  cost  of ,  by     . 
Bedford,  lands,  certain,  in,  ceding  to  United  States  of  juris- 
diction   over,   for   purposes   of   veterans   administration 
facility  .  •  •  •  •  •       .   ■ 

Belmont,  construction  of  conduits,  pumping  stations,  etc.,  in, 
for  sewage  disposal       ....... 


Chap. 


122 


431 

«9 


417 


OS 
431 


169 


560 

487 


705 
274 


243 

23 


284 
307 


36 
135 


639 
266 


47 
358 


429 

228 


Item  or 

Section. 


1-3 

1-5 

1-4 

1.  2 

1 

1-5 


1,2 

1 

1-4 

1,2 

1,2 

1.  2 
1-4 

1,2 

1-3 

1,2 

1-4 
1-7 


364 

1,  2 

618 

1,2 

35 

1-4 

16 

1,2 

499 

1.2 

7 
131 

1,2 
1.2 

705 

1 

662 
3 

1,2 
1.2 

200 

1,2 

686 
213 

734 


350 

705 


1,4 

\-^ 

1 


Index. 


1215 


CITIES    AND    TOWUS—  Continued. 

special  provisions  relative  to  particular  towns  —  Continued. 
Billerica,  easement  in  certain  state  owned  laud,  granting  of,  to 

military  reservation  in,  acquisition  of,  by  United  States 
Bourne,  South  Sagamore  Water  District  in,  established 
Braintree,  channel  in  Weymouth  Fore  river  in,  dredging  of 
Norfolk  County  Hospital  in,  additional  facilities  for,  county 
commissioners  of  Norfolk  authorized  to  provide 
Brewster,  boundary  line  between  Dennis  and,  established  and 
defined        ......... 

Brookline,  health  department  in,  under  a  director  of  public 
health,  establishment,  etc.     ...... 

Chilmark,  military  reservation  in,  acquisition  of,  by  United 
States  ......... 

rodents,  destruction  of,   appropriation  and  expenditure  of 
money  for,  by      .  ... 

Clinton,  Fuller  Field  Commission  in,  established,  and  acquisi- 
tion  of  additional   land,   etc.,   for  recreational   purposes 
authorized  ........ 

Concord,  conveyance  to,  of  certain  land,  by  Trustees  of  Pub- 
lic Reservations  ........ 

Danvers,  fire  department  in,  promotion  of  call  firemen  to  per- 
manent  force,   acceptance   of   certain  provisions   of   law 
relative  to,  authorized  ...... 

sewer  assessments  in,  relative  to        ....  . 

South  Essex  Sewerage  District,  apportionment  of  costs  in, 
determination  of  taxable  valuations  for  purpose  of,  change 
of  date  of,  as  affecting  ...... 

Dartmouth,  military  reservation  in,  acquisition  of,  by  United 
States  ......... 

payments  to,  by  city  of  Fall  River  in  lieu  of  certain  taxes    . 
Dedham,  late  filing  of  certificates  of  nomination  and  nomina- 
tion papers  of  candidates  for  town  offices  in,  at  annual 
town  election  of,  in  current  year,  permitted 
probate  court  and  registry  of  deeds  at,  accommodations, 
etc.,  for,  provision  of,  by  county  commissioners,  author- 
ized   .  .  .  .  .  .  .  .  . 

Denni.i,  boundary  line  between  Brewster  and  Harwich  and, 
established  and  defined  ...... 

Dennis  South  Water  District,  in,  establishment,  etc.  . 
•  Dennis  Water  District  in,  establishment,  etc. 

West  Dennis  Cemetery  Corporation,  receipt  and  adminis- 
tration of  property  of,  by      . 
Dracut,  elections,  non-partisan  preliminary,  in,  provided  for, 
and  contents  of  ballots  regulated  ..... 

Duxbury,  furnishing  and  sale  of  water  to  certain  inhabitants 
of,  by  town  of  Pembroke       ...... 

protection  of  shores  in      . 
Easthampton,  chief  of  fire  department,  placing  of  office  under 
civil  service,  authorized  ...... 

public  works,   board  of,  in,  offices,  positions  and  employ- 
ments under,  placing  under  civil  service  laws,  authorized 
Easton,  by-law  providing  for  election  of  an  appropriation,  ad- 
visory or  finance  committee,  authorized  and  ratified 
Edgartown,  janitors  of  school  buildings  in,  offices  of,  placed 
under  civil  service  .  .  .  .  . 

Mattakessett  creek  and  Craxtuxett  cove  in,  fishing  rights 
in,  heretofore  granted  to  Proprietors  of  New  Mattakes- 
sett Creeks,  extended  .  .  .  .  .  . 

public    beach,    acquisition    by    commonwealth,    of    certain 
properties    for    purposes    of,    in,    investigation    relative 
to       .......  ■        Resolve 

rodents,  destruction  of,  appropriation  and  expenditure  of 
money  for,  by      ......  . 

Fairhaven,  town  meeting  members  in,  quorum  of 

Falmouth,   repair  of  hurricane  and   flood  damage,  etc.,  in, 

relative  to  .  ■    •      ■ 

Foxborough,  certain  rights  in,  granting  of,  by  department  of 
mental  health  to  ...... 

Truax,  Edwin  E.,  employee  on  leave  of  absence  from,  re 
tiremont  of  .  .  .  .  .  • 

Framingham,  Framingham  Union  Hospital  in,  building  fund 

for,  contributions  to,  by  certain  banks,  authorized  . 

military  reservation  in,  acquisition  of,  by  United  States 


hap. 

Item  or 
Section. 

651 
028 
262 
718 

1 

1-3 

1-14 

121 

1 

599 

1 

:M5 

1-4 

628 

1-3 

90 

1,2 

375 

1-5 

287 

1.2 

34 

492 

1-9 

169 


639 
494 


18 


86 


275 


317 


25 


90 
168 


686 
452 


420 


613 
639 


1-3 
1,2 


1.2 


1-4 


599 
314 

277 

1-3 
1-14 
1-14 

126 

491 

1-9 

617 
686 

1.2 

32 

1,2 

40 

1 

21 

1.2 

1.2 


1.2 


1.2 

1,2 
1-8 


1216 


Index. 


Chap. 
CITIES    AND    TOWl^S  — Cuiilinued. 

special  provisions  relative  to  particular  towns  —  Continued. 
I'Yamingham  --   Concluded. 

railroad  grade  crossing  in,  certain,  abolition  of,  investigation 
relative  to  ......        Resolve       48 

Gay  Head,  rodents,  destruction  of,  appropriation  and  expendi- 
ture of  money  for,  by  .  .  .  .  .  .  .90 

Gosnold,  rodents,  destruction  of,  appropriation  and  expendi- 
ture of  money  for,  by  .  .  .  .  .  .90 

Hadley,  Flaherty's  underpass,  so  called,  in,  elimination  of  588 

Harwich,  boundary  line  between  Dennis  and,  established  and 

defined 599 

Hingham,  borrowing  of  money  by,  for  school  purposes  10 

cliief  engineer  of  fire  department,  office  of,  placed  under 
civil  service  laws  .  .  .  .  .  .  .30 

naval  establishments  at,   acquisition   by   United  States  of 

certain  lands  for  use  as,  in    .  .  .  .  .  042 

south  metropolitan  sewerage  district,  admission'  to,  of,  for 
benefit  of  part  of  town  .  .  591 

Hopkinton,  Lake  Whitehall  in,  use  of,  for  boating  and  fishing  .     419 
special  town  meeting  held  February  12,   1945   in,  acts  and 

proceedings  at,  validated  .  .  .  .  .100 

Lee,  system  of  main  drains  and  common  sewers  in,  construc- 
tion, maintenance  and  operation  of         .  .  .  .     303 

Lexington,  board  of  health,  appointment  of,  in       .  .  .11 

lands  in,   certain,   acquisition   of  easements  in,   by  Boston 

Edison  Company  .  .  .  .  .  .  .135 

Westwood  Cemetery  in,  perpetual  care  fund  of,  investment 

of 39 

Manchester,  military  reservation  in,  acquisition  of,  by  United 

States .  .  .     639 

Marblehead,  military  reservation  in,  acquisition  of,  by  United 

States  .........     639 

Marion,  certain  cemetery  associations  in,  transfer  of  property 

and  trust  funds  of,  to  .  .  .  .  .  .      189 

Marshfield,  furnishing  and  sale  of  water  by,  to  town  of  Pem- 
broke .  .  .  ■  •     016 
naval  establishments  at,   acquisition   by   United   States  of 

certain  lands  for  use  as,  in     .  .  .     642 

water  commissioners  of,  to  act  as  sewer  commissioners         .       56 
Mashpee,  advisory  commission  for,  existence  extended  to  April 

15,  1948 .  .15 

Methuen,  employees  of,  certain,  payment  of  certain  past  wages 

of .  .187 

permanent  intermittent  police  force  for,  establishment,  etc.     201 
Middleborough,   Philbrook,  George  A.,  payment  of  pension 

to,  by 299 

Milton,  Adams  street  in,  bridge  over,  construction  and  main- 
tenance of,  by  Walter  Baker  &  Company,  Inc.         .  .       45 
Granite  Avenue  bridge  between  Boston  and,  retirement  al- 
lowances of  persons  employed  at  .          .          .          .  .     353 
public  hospital  in,  establishment  of,  provisions  relative  to 

administration  of  certain  trust  funds  for,  repeal  of  .  .42 

Monroe,  reimbursement  to,  by  commonwealth  of  amount  er- 
roneously paid  for  hospital  care  of  certain  person    Resolve       31 
Montague,    highway   department   of,    positions  and   employ- 
ments in,  placed  under  civil  service  laws  .  .  .       91 
Nahant,   military  reservation  in,   acquisition  of,   by   United 

States 628 

North   Andover,   chief   of   fire   department,   placing   of   office 

under  civil  service  laws,  authorized         ....     425 

North    Reading,    board    of    public    works    in,    establishment, 

powers,  duties,  etc.       .......         9 

Norton,  payments  by,  for  certain  property  taken  by  eminent 

domain,  authorized       .......     549 

Norwood,  retirement  allowances  of  former  employees  of,  tem- 
porary increase  of  ."         .  .  .  .  .  .48 

Oak  BlufTs,  bathing  beach  property,  certain,  leasing  of,  by      .     280 
public    beach,    acquisition    by    commonwealth    of    certain 
properties    for    purposes    of,    in,    investigation    relative 
to       ......  •        Resolve       25 

rodents,  destruction  of,  appropriation  and  expenditure  of 
money  for,  by      .  .  .  .  .90 


Item  ot 
Section. 


1,2 
1,2 


2 
1.2 


1-8 

1-10 

1.2 

1,  2 

1-14 
1,2 

1.2 

1 

1-3 

1-3 

1-6 

1.2 

1-3 

1,2 


1.2 
1.2 

1,2 

1-4 

1-7 

1.2 

1,2 
1-8 

1,  2 

1-5 

1.2 

1.2 
1,  2 


1.2 


Index.  1217 


617 

1.2 

616 

1.  2 

2 

1,  2 

Item  or 
Chap.  Section. 

CITIES    AND    TOWNS  —  Con^iAM/erf. 

special  provisions  relative  to  particular  towns  —  Continued. 
Orauge,  municipal  airport  in,  board  of  commissioners  for  man- 
agement of,  establishment  of  .....       93  1-4 

Orleans,  acquisition  of  portion  of  certain  cemetery  for  park 

purposes  by  .......  .      194  1-3 

Palmer,  Three  Rivers  Fire  District  of  the  town  of  Palmer  in, 
authorized  to  establish  facilities  for  water  supply,  storage 
and  distribution  .......     057  I,  2 

Pembroke,  furnishing  and  sale  of  water  by,  to  certain  inhabit- 
ants of  town  of  Duxbury       ...... 

purchase  of  water  by,  from  town  of  Marshfield 
Plymouth,  fire  cliief,  office  placed  under  civil  service  laws 
Reading,  members  of  board  of  public  works  and  superintend- 
ent of  public  works  in,  permitted  to  hold  office  as  town 
meeting  members  .......       22  1-3 

Richmond,  Richmond  pond  in,  public  access  to,  establishment 
of  right  of  way  for.  by  county  of  Berkshire     .  .  i 

Rockland,  water  supply  of,  source  of,  relative  to    . 
Rockport,  Bradley  Wharf  in,  purchase  of,  by       . 

investment  of  certain  funds  of,  in  federal  government  bonds 
military  reservation  in,  acquisition  of,  by  United  States 
Savoy,  meeting  of  inhabitants  of,  for  current  year,  election  and 

other  proceedings  at,  validated  and  confirmed 
Scituate,  extension  and  repair  of  sea  walls,  etc.,  iu 
Seekonk,  Seekonk  Water  District  in,  establishment,  etc. 
Sharon,  Lake  Massapoag  in,  control  of  ...  . 

South  Hadley,  highway  department  of,  offices,  positions  and 

employments  in,  placed  under  civil  service 
Swampscott,  Palmer's  Pond  in,  mosquito  control  project  at, 
established  ........ 

Tewksbury,  military  reservation  in,  acquisition  of,  by  United 
States  ......... 

Tisbury,  rodents,  destruction  of,  appropriation  and  expendi- 
ture of  money  for,  by  ...... 

Townsend,  land  in,  acquisition  of  certain,  by  commissioner  of 
conservation         ........ 

Truro,  military  reservation  in,  acquisition  of,  by  United  States 
Walpole,  Lovett  Corporation,   The,   certain  claim  of,  settle- 
ment of,  by  .......  . 

Norfolk  County  Agricultural  School  at,  accommodations, 
etc.,  for,  provision  of,  by  county  commissioners 
Wa,re,  Ware  l<'ire  District  Number  One  in,  chief  of  fire  depart- 
ment of,  chief  engineer  thereof  deemed  to  be 
Wareham,  nomination  papers  of  candidates  for  town  office  in, 
filing  with  town  clerk  of,  in  current  year 
refunding  by,  of  beano  license  fees  to  certain  licensees,  au- 
thorized      ......... 

Watertown,  military  reservation  in,  acquisition  of,  by  United 
States  ......... 

Parker  playground  in,  conveyance  of  portion  of,  by    . 
Webster,  Lakeside  Cemetery  Association,  property  of,  receipt 

and  administration  of,  by      . 
\V  estborough,  Beede,  George  JVI.,  certain  payment  to,  by 
Weston,  Riverside  Public  Coif  Links  in,  designated  as  Leo 
.Jerome  Martin  Memorial  Golf  Course    .... 

Westport,  military  reservation  in,  acquisition  of,  by  United 
States  ......... 

West  Spriugfiel(.l,  public  playground,  etc.,  purposes,  leasing  of 
certain  land  in  town  of  Agawam  for,  by  .  .  . 

West  Tisbury,  rodents,  destruction  of,  appropriation  and  ex- 
penditure ot  money  for,  by  . 
W  estwood,  Coiburn  street  m,  laying  out  and  construction  of, 
and  assessment  of  betterments  in  connection  therewith     . 
VVestwood  Cemetery,  acquisition  and  maintenance  of,  by    . 
Weymouth,  channel  in  Weymouth  Fore  River  in,  dredging  of 
late   filing   of   certificates  of  nomination   and   nomination 
papers  of  candidates  for  town  offices  in,  at  annual  town 
election  of,  in  current  year,  permitted    ....        19  1,  3 

naval  establishments  at,   acquisition   by    United  States  of 

certain  lands  for  use  as  .....  .     642  1— J 

sewers,  system  of,  construction  and  operation  of,  by   .  .94  1— IS 


422 
618 
551 
6 
639 

1-6 
1,  2 
1.  2 
1,2 
1-3 

244 
686 
381 
503 

1,  2 

1-14 
1-3 

41 

1 

640 

1-6 

628 

1-8 

90 

1.2 

573 

628 

1 
1-3 

5 

1.2 

85 

1-4 

119 

1.2 

17 

1.2 

79 

1 

628 
558 

1-3 

1.2 

102 

371 

1-6 

1.2 

357 

1.2 

639 

1-8 

499 

1.2 

90 

1.2 

31 

95 

718 

1.3 

1-4 

1218 


Index. 


Chap. 


Item  or 
Section. 


CITIES    AND    TOWNS  -  Conrluded. 

special  provisions  relative  to  particular  towns  —  Concluded. 

Whately,    Whately    Fire   and    Water    District    ol,   exemption 

from  taxes  of  certain  property  by,  and  election  of  officers 

thereof  validated  ....... 

Whitman,  water  supply  of,  source  of,  relative  to    . 
Wilbraham,  state  land  in,  disposition  of  certain,  by  commis- 
sioner of  conservation  ...... 

\\'inthrop,  extension  of  breakwater  in  .... 

Yarmouth,  construction  of  sea  wall,  etc.,  in  ... 

CITY    AND   TOWN    CLERKS: 

in  general,  absent  voting  by  physically  disabled  persons,  powers 
and  duties  relative  to  . 
assembly,   places   of,   authorized    representatives   of   commis- 
sioner of  public  safety  to  enforce  all  provisions  of  law 
relative  to,  annu:il  certification  of  names,  etc.,  of,  by 
birth  records,  illegitimate  children  having  status  of  legitimate 

children,  of,  copies  of,  furnished  by,  form  of   . 
deaths,  records  of,  of  deceased  war  veterans,  changes  in  laws 

as  affecting  powers  and  duties  relative  to  copies  of   . 
filing  and  recording  of  instruments  with: 

recounts  of  ballots  at  primaries  and  elections,  petitions  for 
fire  departments,  heads  of,  annual  certification  of  names  and 
addresses  of,  by  .  .  .  .  . 

soldiers  and  sailors,  records  relating  to  discharge  or  release  of, 
to  be  delivered  to  officials  in  charge  of  veterans'  matters, 

by 

town  clerks,  assistant,  in  towns  of  under  twenty  thousand  in- 
habitants, compensation  of  . 
City  and  town  collectors  (see  Collectors  of  taxes). 
City  and  town  solicitors,  municipal  officers  and  employees,  in- 
demnification and  protection  of,   for  damages  sustained 
on  account  of  operation  of  municipally  owned   vessels, 
duties  as  to 
CITY   AND   TOWN   TREASURERS: 

abatement  of  taxes,  etc.,  when  in  tax  title  account,  duties  after, 
regulated    .  .  .  .  .  .  . 

attorney's  liens,  claims  of,  against  cities  and  towns,  notice  of,  to 
stabi'ization  funds,  cities  and  towns,  of,  to  act  as  custodians  of 
state  tax,  current  year,  duties  as  to 
taxes,  certificate  of  payment  of,  to  person  other  than  owner  of 

fee,  issuance  of,  by       . 
tax  titles,  assignment,  redemption  or  foreclosure  of,  notice  to 
collector  and  assessors  of,  by 
borrowing  of  money  based  upon,  powers  and  duties  as  to 
City  committees  (see  Elections,  political  committees). 
CITY   COUNCILS: 

board   of  appeals  under  zoning   law,   period   of  action   as.   by, 
limited        ......... 

common  landing  places,  powers  and  duties  as  to        . 
Civil  actions  (see  Actions,  civil;    Practice  in  civil  actions). 
CIVIL  SERVICE  AND  REGISTRATION,  DEPARTMENT  OF: 
civil   service,    division   of,    commission,    commonwealth,   em- 
ployees, certain,  of,  protection  against  arbitrary  removal 
of,  investigation  relative  to,  by      .  .  .        Resolve 

powers  of,  changes  in,  relative  to       . 
representative  of  labor  on,  providing  for    .  .  .  . 

rules  of,  relative  to  ....... 

director,  changes  in  powers  of      .....  . 

labor  service  of  the  department  of_  public  works,  change  in 

districts,  prior  notice  of,  to   .        '  . 
personnel  appeal  board,  to  be  member  of  . 
veterans'  services  advisory  council,  to  be  member  of,  etc.    . 
registration,  division  of,  boards  of  registration  and  examina- 
tion, examinations  conducted  by,  director  authorized  to 
make  rules  and  regulations  governing     .  .  .  . 

director,  examinations  by  boards  of  registration  and  examina- 
tion, authorized  to  make  rules  and  regulations  as  to 
medicine,   board   of  registration   in,   registration   of   qualified 
physicians  by,  further  regulated     .  .  .  .  . 

plumbers,  state  examiners  of,  membership  of,  relative  to 
veterinary    medicine,    board    of   registration   in,    examination 
and  registration  of  veterinarians  by,  fees  for  . 
qualifications  of  applicants  for  registration  by,  relative  to    . 


501 
618 

1-3 
1.  2 

500 
686 
686 

1,2 

466 

1,4.  6 

645 

2 

65 
439 


315 

479 


374 
245 


391 


351 
397 
124 
325 

130 

268 
324 


167 
442 


1.  2 


45 

725 

1-4 

681 

1.2 

702 

725 

2,3,  4 

389 

485 

730 

1 

376 
376 


396 
617 


724 
711 


1-3 

1,2 


Index. 


1219 


Chap. 
Civil  service,  division  of  (see  Civil  service  and  registration,  depart- 
ment of). 
CIVIL    SERVICE   LAWS: 

Andover,  call  firemen,  positions  of,  removal  from  operation  of  .      131 
Auburn,  chief  of  police,  office  of,  removal  from  operation  of      .  3 

Boston,  auditing  and  budget  departments,  certain  positions  in, 

placed  under        ........     495 

board   of  real  estate   commissioners,   office  of  auctioneer  in, 

placed  under        ........     652 

penal  institutions  department,  office  of  commitment  and  trans- 
fer officer  in,  placed  under    .  .118 
schoolhouse  custodian,  position  of,  exempted  from           .  .     355 
transit  department,  position  of  secretary  of,  present  incum- 
bent thereof  placed  under     ......      183 

changes,  certain,  in,  as  affecting  powers  of  civil  service  commis- 
sion, etc.     .........     725 

relative  to  ........  .     703 

Easthampton,  chief  of  fire  department,  office  of,  placed  under    .       32 
public  works,  board  of,  offices,  positions  and  employments  in, 

placed  under        ........       40 

Edgartown,  janitors  of  school  buildings,  offices  of,  placed  under  .     275 
eligible  lists,  appointments,  promotions,  separations  from  serv- 
ice, etc.,  certain  changes  in,  laws  relative  to  .  .  .     704 
emergency  legislation  relating  to,  effective  period  of,  extended  .      103 
examinations  under,  taking  of,  by  veterans  of  World  War  II  in 

certain  cases  notwithstanding  age  requirements        .  .     440 

Hingham,  chief  engineer  of  fire  department,  office  placed  under       36 
Montague,  highway  department,  positions  and  employments  in, 

placed  under        .  .  .  .91 

North  Andover,  chief  of  fire  department,  office  placed  under     .     425 
Plymouth,  chief  of  fire  department,  office  placed  under  .  2 

public  safety,  department  of,  female  cleaner  and  male  laborer  in, 

positions  placed  under  ......     410 

public  works,  department  of,  registry  of  motor  vehicles  of,  cer- 
tain position  in,  placed  under         .....     574 

rules  under,  relative  to  .......     702 

Salem,    police    department,    radio    technician    in,    office    placed 

under  .........     417 

scope  of,  relative  to       .  .  .  .  .  .701 

South  Hadley,  highway  department,  offices,  positions  and  em- 
ployments in,  placed  under  .  .  .  .  .  .41 

tenure,  etc.,  of  persons  under,  relative  to  ....     667 

Clams  (see  Fish  and  fisheries,  marine,  shellfish). 
Clerks,  city  and  town  (see  City  and  town  clerks). 
CLERKS   OF    COURTS: 

corporations,  domestic,  certain,  service  of  process  on,  by  commis- 
sioner of  corporations  and  taxation,  duties  as  to       .  .     306 
district  courts,  of  (see  District  courts). 
Clinton,  town  of  (see  Cities  and  towns). 
Clothing,  household  goods,  laundry,  etc.,  lien  for  work  upon, 

act  creating  ........     607 

COLLECTORS   OF   TAXES: 

attorney's  liens,  certain  rights  of,  not  to  be  affected  by  acts  of  .     397 
taxes,   abatement  of,  etc.,  duties  after,  regulated,  and  powers 

relative  to,  clarified      .  .  .  .  .  .351 

assessors  of,  prohibited  from  holding  office  of  .  .  .      136 

certificate  of  payment  of,  to  person  other  than  owner  of  fee, 

relative  to  .  .  .  .  .130 

COLLEGES   AND    UNIVERSITIES: 

Amherst  College,  trustees  of,  membership  of     .  .  .  .      151 

Harvard  University,  property,  certain,  of,  exempted  from  local 

taxation      .........     608 

Massachusetts  state  college,  agricultural  experiment  station  and 
rliagnostic  laboratory  dealing  with  diseases  of  domestic 
animals  established  at  .....     586 

trustees  of,  annual  reports  by,  relative  to      .  .     504 

state     university,     e.stablishment      of,      investigation      relative 

to Resolve       88 

appropriation  ........     736 

Combustible  materials,  service  of  notices  of  certain  orders  relative 

to  removal  of,  from  certain  buildings,  further  regulated   .      4G3 

Comforters,  quilts,  etc.,  consisting  in  whole  or  in  part  of  reproc- 
essed material,  marking  of,  certain  provisions  of  law  con- 
cerning, effective  period  of,  extended     .  .  .  .148 


Item  or 
Section. 


1,  2 

1,2 

1.2 
1-3 

2.  3 

1.  2 

1-6 

1-11 

1,  2 

1 

1-10 

1.2 


1,  2 
1,2 
1,2 


1,  2 
1-10 

1,2 
1-4 


1,2 


1,2 
1,2 


1,2 


0270, 
Page  963 


1220 


Index. 


Chap. 
Commerce,   department  of,   establishment  of,  investigation  and  f  16,  44, 
study  relative  to  .....      Resolves  \  79,  S6 

Commercial  motor  vehicles,  certain  fee.'s  of  department  of  public 

utilities  relating  to,  relative  to        ....  .     644 

Commissioners,  state  (see  specific  titles  of  departments  in  which 

the  commissioners  serve). 
COMMISSIONS,    STATE: 

in  general   (see  Commonwealth,  departments,  boards,  commis- 
sions, etc.,  of;   also  specific  titles  of  state  commissions), 
.special,  agricmllural  and   dairy  industry   in   commonwealth,   to 
ima.ke     a     further    investigation     and     study     relative 
tK)  .  .  .  .  .  .  .  Resolve 


appropriation       ........ 

airports,  acquisition,  construction  and  operation  of,  by  com- 
monwealth and  by  cities  and  towns,  and  regulation  of 
.lir  transportation  and  certain  related  matters,  to  in- 
vestigate and  study  relative  to  .  .  .        Resolve 

appropriation       ........ 

blind  feeble-minded,  blind  epileptic  and  blind  feeble-minded 
epileptic  persons  in  commonwealth,  establishment  of 
institution  for  care  of,  to  investigate  relative  to    Resolve 

appropriation       ........ 

claims  against  commonwealth,  to  investigate  relative  to  cer- 
tain .......        Resolve 

appropriation       ........ 

commerce,  department  of,  establishment  of,  to  investigate  rela- 
tive to     .  .  .  .  .  .  .      Resolves 

district  court  system  of  commonwealth,  to  investigate  and 
study  relative  to        ....  .        Resolve 

appropriation       ........ 

Harvard  square  in  city  of  Cambridge,  surface  structure  in, 
used  in  connection  with  Cambridge  subway,  advisa- 
bility of  relocating,  to  investigate  relative   to   Resolve 

appropriation       ........ 

highway  projects,  post-war  program  of,  to  further  consider 
and  recommend         ....        Resolve 

appropriation       ........ 

mortgages,  solicitation  of,  laws  pertaining  to,  and  fair  prac- 
tices in  mortgage  lending  and  related  matters,  to  in- 
vestigate and  study  relative  to  .  .  .        Resolve 

appropriation       ........ 

outdoor  advertising,  laws  pertaining  to,  to  investigate  and 
study  relative  to        .....        Resolve 

appropriation       ........ 

places  of  assembly,  certain,  safety  of  persons  in,  to  investigate 
and  study,  revived  and  continued  .  .        Re.solve 

appropriation       ........ 

post-war  problems  of  commonwealth  relative  to  economic 
and  other  conditions,  to  make  a  further  survey  and 
study  of  ......        Resolve 

appropriation       ........ 


72 
736 


87 
736  I 

63 
736  I 

60 

736  ( 

16,44. 
■  79.  86 

66 
736  / 


69 
736 


84 
-36 


6S 
736 


76 
736 


77 
736 


80 
736 


primaries  and  elections,   laws  relating  (o,   to  investigate,  re- 
vived and  continued  ....       Resolves  81,  90 


certain    matters    relating    to,    to 


mvesti- 
Resolve 


appropriation 

public    education, 
gate 

appropriation       ........ 

rapid  transit  in  Boston  metropolitan  area,  to  investigate  and 
study,  revived  and  continued  and  membership  thereof 
increased  ......        Resolve 

appropriation       ........ 


7H6  I 

88 
736  I 


85 
736  / 


Item  or 
Section. 


1.  2 


0263. 
Page  960 


0269, 
Page  963 


0267, 
Page  959 


02.56, 
Page  959 


0259, 
Page  959 


0261. 
Page  960 


2941-03. 
Page  963 


0260, 
Page  959 


0266. 
Page  960 


0251. 
Page  960 


0210, 
Page  960 


0227, 
Page  960 


0270, 
Page  963 


0268, 
Page  963 


Index. 


1221 


CUap. 


COMMISSIONS,    STATE  —  Concluded. 

special  —    C'ancliided. 

letireiuent  systems,  uon-coiitributory,  of  coaimouwealth  and 
certain  political  subclivisions  thereof,  certain  matters 
relating  to,  to  investigate  and  study   .  .        Resolve 

appropriation       ........ 

safety  of  persons  in  certain  places  of  assembly,  to  investigate 
and  study  relative  to,  revived  and  continued      Resolve 

appropriation       ........ 

shellfish,  increasing  supply  of,  propagation  of  soft  shelled  clams 
and  maintenance  of  shellfish  chlorinating  plants,  to  in- 
vestigate relative  to  ....        Resolve 

appropriation       ........ 

transportation  facilities  within  conimoiiweaith,  to  investigate 
relative  to         .  .  .   '        .  .      Resolves 

appropriation       ........ 

wage  and  hour  standards  witliiji  commonwealth,  to  investi- 
gate and  study  relative  to  .  .  .        Resolve 

appropriation       ........ 

water  supply  needs  of  municipalities  in  Connecticut,  Chicopee, 
Swift,  Ware,  Quaboag  and  Millers  river  valleys,  to 
investigate  and  study  relative  to  Resolve 

appropriation       ........ 

World  War  II,   history  of   Massachusetts'  part  in,  prepara- 
tion of         ........  . 

Couimittees,  political  (see  Elections,  political  committees). 

Common  carriers  (see  Carriers,  common;  Motor  vehicles,  passen- 
gers, transporting;  Railroads;  Street  railways;  Track- 
less trolley  vehicles,  so  called). 

Coznm.Gn  landing  places,  relative  to  . 

Common  trust  funds,  investment  of,  in  United  States  savings 
bonds,  etc.,  authorized  ...... 

COMMONWEALTH: 

airports,  acquisition  of,  by,  etc.,  investigation  relative  to    Resolve 

appropriation  ........ 

attorney's  liens,  payments  to  certain  clients  by,  notwithstand- 
ing such  liens       ........ 

bonds,  notes,  etc.,  of  (see  State  finance). 

claims,  certain,  against,  investigation  relative  to        .        Resolve 

appropriation  ........ 

running  of  interest  upon,  after  ofTer  of  judgment,  relative  to    . 


departments,    boards,    commissions,    etc.,   of,  appro- 
priations for  maintenance  of,  etc. 

Resolve 
Resolve 
Resolve 

closing  of  offices  of,  by  executive  order  of  governor,  relative  to 
funds  of  (see  State  finance). 

gypsy  and  brown  tail  moths  and  tent  caterpillars,  suppression  of, 
on  land  of,  relative  to  ...... 

Massachusetts  State   College   Building   Association,   leasing   of 

certain  land  to,  by        . 
officers  and  employees  of,  in  general,   accumulated  sick  leave 
allowances  in  lieu  of  workmen's  compensation,  providing 
for  payment  of ,  to        . 
civil  service  laws,  as  affecting  (see  Civil  service  laws), 
classification  and  salaries  of,  survey  relative  to  .      Resolves 
military  or  naval  forces  in,  contingencies  arising  in  connec- 
tion with  service  of,  further  provided  for 
payments  in  lieu  of  vacations  to  certain,  who  enter  military 
or  naval  service  of  the  United  States      .... 


736  I 

77 
736  / 

tio 
736  I 

41,  58 
736  I 

71 
736  I 

83 
736  I 

714 


Item  or 
Section. 


0271, 
Page  963 


0251, 
Page  960 


0258, 
Page  969 


0255, 
Page  960 


0262, 
Page  960 


0267, 
Page  963 

1-6 


442 

67 

87 

736  1 

0269. 
Page  963 

397 

1 

60 

730  1 

0256. 
Page  969 

552 

248 

5 

260 

1-3 

404 

1-10 

490 

1-6 

682 

1-6 

689 

1-7 

732 

1-4 

736 

1-7 

9 

16 

44 

508 

401 

390 

2 

729 

9,  73 

610 

1-5 

411 

1222  Index. 


Item  or 
Chap.  Section. 


485 

658 

1-11 

73 

736  1 

2064. 

Page  960 

416 

1-6 

ti35 

1 

39 

485 

565 

COMMONWEALTH  —  Concluded. 

officers  and  employees  of,  in  general  — ■  Concluded. 

personnel  appeal  board  for,  established       .... 
retirement  system,  single  contributory,  for,  established 
salaries  of,  investigation  relative  to  .  .  .        Resolve 

appropriation  ........ 

temporarily  increased  ....... 

vacation  pay,  advances  of,  to  . 
employees,  certain,  weekly  payment  of  wages  to,   feasibility 
and  cost  of,  investigation  relative  to       .  .        Resolve 

grievances,  certain,  of,  prompt  disposition  of,  providing  for 
holidays,  required  to  work  on,  compensation  of,  relative  to 
hours  of  employment  of,  consideration  and  report  by  com- 
mission on  administration  and  finance  relative  to  •.     457 
time  off  for  certain,  by  executive  order  of  governor,  relative 

to 508 

personal    property    acquired    from    United    States   or   agencies 

thereof  by,  certain  formalities  as  to,  dispensed  with         .     661  1-4 

quarters  outside  state  house  for  use  of,  leasing  of       .  .     706 

shore  protective  work  in  town  and  county  of  Barnstable  necessi- 
tated by  flood  and  hurricane,  contribution  to  cost  of,  by     734  1-4 
teachers  and   supervisors,   certain,   employed   by,   payment  of 

salaries  of,  relative  to  .  .  .  .  .  .  .     545 

United  States,  acquisition  by,  of  certain  areas  for  migratory  bird 

reservations,  law  granting  consent  to,  by,  repealed,  etc.    .        12 
of  certain  lands  in  town  of  Bedford  for  purposes  of  veterans 

administration  facility,  granting  of  consent  to,  by,  etc.    .     350  1-3 

See  also  Massachusetts. 
Compensation,  injured  employees,  for  (see  Workmen's  compensa- 
tion) . 
Complaints,  criminal  (see  Criminal  procedure  and  practice). 
Comptroller  (see  Administration  and  finance,  commission  on). 
Compulsory  motor  vehicle  liability  insurance  (see  Motor  vehi- 
cles, liability  for  bodily  injuries,  etc.,  caused  by,  security 
for). 
Concord,  town  of  (see  Cities  and  towns). 
Connecticut  River  Valley,  water  supply  needs  of  municipalities 

in,  investigation  of        ....  .        Resolve       83 

appropriation 736  |        p^ge  %^3 

Conners  Bros.  Company,  settlement  by  commonwealth  of  claim  of     622  1-3 

Connors,  John  J.,  payment  of  sum  of  money  to,  bv  city  of  Boston     297  1,  2 

CONSERVATION,    DEPARTMENT   OF: 

in  general,  conservation  officers,  etc.,  enforcement  by,  of  law 
relative  to  sale  or  furnishing  of  dangerous  weapons  or 
ammunition  to  minors  or  aliens  .  .  .  .132 

lands  controlled  by,  acquisition  of  rights  in,  by  prescription 

or  adverse  possession,  act  prohibiting     .  .  .  .27 

use  and  operation  of  motor  vehicles  on       .  .  .125 

Mount  Wachusett,  ski  area  on  north  or  northeast  side  of,  con- 
struction of,  investigation  relative  to,  by  Resolve       29 

Oak  Bluffs  and  Edgartown,  certain  properties  in,  acquisition 
of,  by  commonwealth  for  public  beach  purposes,  investi- 
gation relative  to,  by  .  .  .  .        Resolve       25 

reforestation  and  control  of  gypsy  moth,  investigation  rela- 
tive to,  by Resolve       67 

state  lands  under  care  and  control  of,  reimbursement  of  cities 

and  towns  for  loss  of  taxes  on,  providing  for  .  .  .     564 

commissioner,  Billerica,  town  of,  conveyance  of  easement  in 
land  for  water  supply  system  of,  by,  authorized 

forest  fire  observation  towers,  acquisition  of  land  for,  by 

Salisbury  Water  Supply  Company,  granting  of  certain  ease- 
ments for  main  sewer  to,  by,  authorized 

veterans'  services  advisory  council,  to  be  member  of 

Wilbraham,  town  of,  disposition  of  certain  state  land  in,  by 

Willard  Brook  state  forest,  acquisition  of  certain  land  for  e.x- 
tension  of,  by       . 
divisions  of : 

fisheries  and  game,  administration  of,  etc.,  use  of  inland  fish- 
eries and  game  fund  for         .  .  .  . 
director,  dangerous  weapons  and  ammunition,  sale  or  fur- 
nishing of,  to  certain  persons,  enforcement  of  law  rela- 
tive to,  by            .          .          .          .          .          •  ...     132 


651 
514 

1 

459 
730 
500 

1 
1.2 

573 

1,2 

548 

1-3 

Index. 


1223 


CONSERVATION,    DEPARTMENT   OF  —  Concluded. 
divisions  of  —  Concluded. 

toredtry,  state  forester,  gypsy  and  brown  tail  moths  and  tent 
caterpillars  on   land   of   commonwealth,   suppression   of, 
duties  as  to 
Conservators  (see  Guardians  and  conservators). 
CONSTITUTION    OF    COMMONWEALTH: 
proposed  legislative  amendments  to: 

guarantee  of  the  right  of  free  speech  for  the  people,  providing 
for      .......... 

retirement  age  for  judges,  prescribing  by  general  court,  pro- 
viding for   ......... 

return.s  of  votes  on  various  amendments  submitted  to  voters 

Contract  carriers  (see  Carriers). 

Cook,  Frederic  W.,  secretary  of  commonwealth,  portrait  of,  painting 
of,  etc.,  art  commission  authorized  to  procure       Resolve 

appropriation     ........ 

Co-operative  banks  (see  Banks  and  banking). 

Co-operative   Banks  Employees  Retirement  Association, 

tablishment  of,  providing  for  .... 

Co-operative    Central   Bank,    The,   assessments   by,   on   member 

banks,  further  regulated  ..... 
CORPORATIONS: 

in  general,  co-operative,  certain,  sales  of  shares  of,  exempted 
from  sale  of  securities  act,  so  called 

insurance  companies  (see  Insurance). 

service  of  process  upon  certain  domestic,  relative  to 

upon  certain  foreign,  investigation  relative  to      .        Resolve 

taxation  of  (see  Taxation,  corporations,  of). 

urban  redevelopment,  relative  to  .... 

business,  taxation  of  (see  Taxation,  corporations,  of), 
medicine,  schools  of,  conducting,  annual  returns  by,  required 
religious  societies  (see  Churches  and  religious  corporations). 
special  provisions  relative  to  particular  corporations : 

American  Telephone  and  Telegraph  Company,  certain  equip- 
ment of,  in  city  of  New  Bedford,  relative  to    . 
lines,  poles,  etc.,  of,  in  city  of  Springfield,  locations  vali- 
aated  ......... 

Anthony,  E.,  &  Sons,  Inc.,  conveyance  of  certain  land  to 

Baker,  Walter,  &  Company,  Inc.,  bridge  over  Adams  Street 
in  town  of  Milton,  construction  and  maintenance  by, 
authorized  ........ 

Boston  and  Maine  Railroad,  acquisition  by,  of  capital  stock 
of  North  Station  Industrial  Building,  Inc. 

Boston  Edison  Company,  acquisition  by,  of  easements  in 
certain  lands  acquired  by  city  of  Cambridge  for  water 
supply  purposes,  and  located  in  town  of  Lexington  and 
city  of  Waltham  .  .  .  .  .  ... 

Conuers  Bros.  Company,  settlement  by  commonwealth  of 
claim  of       ........  . 

Davenport,  George  W.,  Home  for  Aged,  Needy  and  Deserv- 
ing Women  and  Couples,  Trustees  of  the,  incorporated 

Dennis  South  Water  District,  incorporated   .... 

Eastern  Nazarene  College,  Trustees  for,  making  of  contracts 
to  pay  annuities  authorized,  and  contracts  already  made 
validated    ......... 

Episcopal  Society  in  Cambridge,  name  changed  to  Christ 
Church,  Cambridge      ....... 

First  Parish  of  Westwood,  conveyance  of  cemetery  and  trans- 
fer of  certain  funds  to  town  of  Westwood,  by 

Forsyth  Dental  Infirmary  for  Children,  holding  of  property 
by,  and  number  of  trustees  of         ....  . 

Gloucester  Community  Pier  Association,  Inc.,  additions  to 
freezer  building  of,  repayment  of  cost  of  . 

Immaculate  Conception  Educational  Association  of  Newbury- 
port,  revival  of,  for  validation  of  certain  conveyance 

Kinnell,  George,  Realty  Company,  revived   .... 

Lakeside  Cemetery  Association,  transfer  of  property  to  town 
of  Webster  by,  and  said  corporation  dissolved 

Lovett  Corporation,  The,  claim  against  town  of  Walpole,  pay- 
ment of       ........  . 

Massachusetts  Congregational  Fund,  incorporated 

Massachusetts  Historical  Society,  members  of,  election  of     . 


Chap. 


Item  <v 
Section. 


401 


736 

190 
116 

2S8 

306 
20 

654 

225 

71 


Page  1009 

Page  1008 

Pages 
1013-1041 


0424-22, 
Page  960 


1.2 

1.2 

1,2 


284 
597 

1,  2 
1,2 

45 

1-4 

427 

135 

1.2 

622 

1-3 

203 
314 

1.2 
1-14 

320 

1,2 

170 

95 

1-4 

247 

1,  2 

653 

1.2 

76 
321 

102 

1 

5 
77 
76 

1.  2 

1 

1224  Index. 


It«m  or 
Cbap.  Seotioa. 

CORPORATIONS  -Concluded. 

special  provisions  relative   to  particular  corporations  — 

CuncLudcd. 

Massachusetts  Hospital  Life  lusuraiiue  Company,  reorganiza- 
tion facilitated  and  power  of  commissioner  of  banks  ex- 
tended in  respect  to      ......  . 

Massachusetts  State  College  BuiUling  Association,  holding  of 
property  by,  and  leasing  of  certain  state  land  to 

Ministerial  Fund  of  the  Amherst  North  Parish,  Trustees  of 
the,  transfer  of  funds  in  custody  of,  to  The  North  Con- 
gregational Church  of  Amherst      ..... 

National  Transit  Lines,  Incorporated,  revived 

New   England   Telephone  and   Telegraph   Company,   certain 
equipment  of,  in  city  of  New  Bedford,  relative  to    . 
department  of  mental   health  authorized   to  grant  certain 

rights  in  town  of  Foxborough  to    . 
lines,  poles,  etc.,  of,  in  city  of  Springfield,  locations  validated 

New  Mattakessett  Creeks,  Proprietors  of,  extending  certain 
fishing  rights  iu  Mattakessett  creek  and  Craxtuxett  cove 
in  town  of  Edgartown,  heretofore  granted  to 

North  Congregational  Church  of  Amherst,  The,  transfer  to, 
of  funds  in  custody  of  Trustees  of  the  Ministerial  Fund  of 
the  Amherst  North  Parish  ..... 

North  Linden  Realty  Company,  revived        .... 

North  Station  Industrial  Building,  Inc.,  Boston  and  Maine 
Railroad  authorized  to  acquire  stock  of,  etc.  . 

Old  Ladies'  Home  Association,  of  Haverhill,  certain  powers 
and  privileges  granted  to       .....  . 

Old  South  Church  in  Boston,  corporate  powers  of,  relative  to 

Old  South  Society  in  Boston,  transfer  of  certain  property  by, 
to  Old  South  Church  in  Boston      ..... 

Public  Reservations,  Trustees  of,  conveyance  to  town  of  Con- 
cord of  certain  land,  by  .  ..... 

Ranch  &  Lang,  Inc.,  revived        ...... 

Roman  Catholic  Archbishop  of  Boston,  conveyance  by  Im- 
maculate Conception  Educational  Association  of  New- 
buryport  to,  validated  ...... 

Savings  Bank  Investment  Fund,  incorporated 

Seekonk  Water  District,  established      ..... 

Sherrard  Company,  G.  J.,  structure  bridging  Chapman  Place 
in  city  of  Boston,  construction  and  maintenance  of,  by, 
authorized  ........ 

Silver  Shell-Fish  Co.,  revived  for  special  purpose  . 

Simplex  Wire  and  Cable  Company,  bridge  over  Pacific  street 
in  city  of  Cambridge,  construction  and  maintenance  by, 
authorized  ........ 

bridges  over  Pacific  and  Sidney  streets  in  city  of  Cambridge, 
construction  and  maintenance  by,  authorized 

Southern  Berkshire  Marble  Co.,  revived  for  special  purpose  . 

Sylvania  Electric  Products,  Inc.,  bridge  over  Barton  square 

in  city  of  Salem,  maintenance  by,  authorized  .  .     122  1—3 

Union  Light  &  Power  Company,  department  of  mental  health 

authorized  to  grant  certain  rights  in  town  of  Foxborough  to     452 

West  Dennis  Cemetery  Corporation,  property  of,  receipt  and 

administration  of,  by  town  of  Dennis     ....      126 

Western  Massachusetts  Electric  Company,  lines,  poles,  etc., 

of,  in  city  of  Springfield,  locations  validated  .  .  .     284  1, 2 

Western  Union  Telegraph  Company,  lines,  poles,  etc.,  of,  in 

city  of  Springfield,  locations  validated    ....     284  1,  2 

Westwood  Cemetery  Association,  conveyance  of  cemetery  and 
transfer  of  certain  funds  to  town  of  Westwood  by,  and 
said  corporation  dissolved     ......       95  1 

Westwood,  First  Parish  of  (see,  supra,  First  Parish  of  West- 
wood). 
CORPORATIONS  AND  TAXATION,  DEPARTMENT   OP: 
appellate  tax  board  in  (see  Appellate  tax  board). 
commissioner : 

alcoholic  beverages  and  alcohol,  additional  excise  tax  on  sales 
of,  payment  of,  to.  for  purposes  of  act  providing  suitable 
recognition  of  certain  veterans       .....     731  11 

annual  reports,  certain,  of,  to  general  court,  eliminated  .      IGl  1 

appellate  tax  board,  certain  abatements  by,  notice  of,  to       .     137 

cigarette  tax,  additional,  payment  of,  to,  for  purposes  of  act 

providing  suitable  recognition  of  certain  veterans  .731  y 


327 

1-11 

390 

1.2 

257 
372 

1.2 

71 

1 

452 
284 

1.2 

317 

1.2 

257 
612 

1.2 

427 

128 
80 

2 
1-4 

80 

1 

287 
216 

1.2 

76 
283 
381 

1-12 
1-14 

221 

27U 

1-4 

70 

1-4 

69 
249 

1-4 

Index,  1225 


735 

4 

351 

2 

663 

2,  3 

Item  or 
Chap.  SeetioB. 

CORPORATIONS   AND    TAXATION,    DEPARTMENT    OF  — 

Concluded. 
commissioner  —  Concluded. 

dividends  paid  to  shareholders  by  certain  business  associations, 

annual  statement  of,  etc.,  filing  with       ....     73.3  2 

estimates   by,    notification    of   assessors   of,    law    relative    to, 

amended     .........     624  5,  7 

franchise  taxes,  determination  of  amounts  and  notice  to  mu- 
nicipalities of,  by  687 
funds  distributed  to  cities  and  towns  by  state  treasurer,  de- 
ductions from,  determination  of,  by 
local  taxes,  abatement  of,  powers  as  to,  clarified    . 
meal  tax,  so  called,  determination  and  collection  of,  by 
process  delivered  to,  in  actions  against  certain  domestic  cor- 
porations, duties  as  to            .           .           .           .                     .     306  1,  2 

South  Essex  sewerage  district,  apportionment  of  costs  in,  for 
purpose  of  determination  of  taxable  valuations  in  certain 
municipalities  by,  date  of      .  .  .  .  .  .169 

construction  of  additional  sewerage  works  for,  apportion- 
ment of  costs  of,  by      .  .  .431  3 
state  tax,  apportionment  and  assessment  of,  duties  as  to        .712                       1-4 
divisions  of: 

accounts,  assistant  in,  compensation  of,  for  certain  service  in 

connection  with  emergency  finance  board        ...       74  1 

director,  annual  audit  of  accounts  of  cities  and  towns  by, 

after  termination  of  war  .  .29  1, 2 

CORRECTION,  DEPARTMENT   OP: 

commissioner,  act  temporarily  providing  for  review  of  certain 
sentences  in  criminal  cases,  delivery  of  copy  of,  to  per- 
sons entitled  to  appeal  thereunder,  by    .  .  .     437 
prison  industries,  so  called,  joint  board  to  survey  administra- 
tion of,  to  be  member  of        .           .           .           .        Resolve       22 

veterans'  services  advisory  council,  to  be  member  of  .     730  1 

COUNTIES: 

appropriations  for  maintenance,  etc.,  of  certain  550  1-3 

attorney's  liens,  payments  to  certain  clients  by,  notwithstand- 
ing such  liens       .  .  .  .  ...  .  .     397  1 

commissioners  (see  County  commissioners). 

institutions  of,  forty-eight-hour  week  in,  established  .426  1,2 

officers  and  employees  of,  in  general,  accumulated  sick  leave 

allowances,  payment  to,  in  lieu  of  workmen's  compensation     729 
military  or  naval  forces,  in,  contingencies  arising  in  connec- 
tion with  service  of,  further  providing  for  .  .610  1-5 
salaries  of,  except  Suffolk  county,  temporarily  increased       .     498                     1-10 
vacation  pay,  advances  of,  to  .                                .           .           .     635  2 

employees,  military  or  naval  forces,  in,  granting  of  vacations 

to,  upon  return  to  service  of  .....     447 

retirement  system,  single  contributory,  for,  established  658  1-11 

personnel  board,  county,  maintenance  allowance  for  sheriffs  act- 
ing as  masters  or  keepers  of  jails  or  houses  of  correc- 
tion, determination  of,  by     .  .  .  .  .       63 

public  works  projects,  federal  assistance  in,  securing  of  benefits 

of,  by  .  .  .  .  .74.  1-7 

retirement  systems  (see  Retirement  systems  and  pensions). 

treasurers  of  (see  County  treasurers) . 

United  States,  acquisition  of  personal  property  from,  by,  certain 

formalities  as  to,  dispensed  with    .....     661  1-4 

wildlife  refuges,   of,   revenue  received   from,   law  authorizing 

disposition  of,  by,  repealed  .  .  .  .  .  .12 

See  also  names  of  specific  counties. 
COUNTY   COMMISSIONERS: 

in  general,  annual  sessions  of  general  court,  etc.,  changes,  cer- 
tain, necessitated  by,  in  general  laws  relative  to  county 

finances,  as  affecting  certain  powers  and  duties  of    .  .158  1,  3-6,  7 

Dukes,  hurricane  damage,  act  authorizing  borrowing  on  account 
of,  acceptance,  etc.,  of,  by    . 
public  airport,  proposed,  powers  relative  to  . 
rodents,  expenditure  of  money  for  destruction  of,  by  " 
Hampden,  bills,  certain,  payment  of,  approval  by 
Hampshire,  isolation  hospital  establishment  of,  by    . 
Middlesex,  district  court  of  Lowell,  acquisition  of  land  for  pur- 
poses of,  by  ........       54  1 

Walden  Pond  State  Reservation  Commission,  acting  as,  powers 

of 123  I'd 


.   13 

1.2 

.  212 

1-8 

90 

1.2 

.  154 

1 

59 

1 

1226 


Index. 


COUNTY    COMMISSIONERS  —  Concluded. 

Norfolk,  Dedham,  town  of,  probate  court  and  registry  of  deeds 
at,  accommodations,  etc.,  for,  providing  for,  by- 
Norfolk  County  Agricultural  School,  accommodations,  etc., 

for,  providing  for,  by  . 
Norfolk  County  Hospital  in   Braintree,  additional   facilities 
for,  providing  for,  by   . 
salaries  of,  temponarily  increased     ...... 

See  also  Counties. 
COUNTY   FINANCE: 

annual  sessions  of  general  court,  etc.,   changes,  certain,  neces- 
sitated by,  in  general  laws  relative  to     . 
appropriations  for  maintenance,  etc.,  of  certain  counties    . 
countj^  tax  (see  County  tax). 

federal  wildlife  refuges,  revenue  received  from,  law  authorizing 
disposition  of,  by  counties,  repealed        .... 

County  officers  and  employees  (see  Counties). 
County  personnel  board,  salaries  of  certain  county  officers  and 
employees,  except  Suffolk  county,  temporary  increase  of, 
duties  as  to 
sherifTs  acting  as  masters  or  keepers  of  jails  or  houses  of  correc- 
tion, maintenance  allowance  for,  determination  of,  by     . 
County  tax,  granting  for  certain  counties     ..... 

basis  of  apportionment  of,  established      ..... 

COUNTY   TREASURERS: 

assistant  treasurers,  appointment  of,  by  certain,  authorized 
attorney's  liens,  claim  of,  against  counties,  notice  to 
federal  wildlife  refuges,  revenue  received  from,  law  authorizing 
payment  to  municipalities  by,  repealed 
Court  officers  and  messengers,  municipal  court  of  the  city  of 
Boston,  in  attendance  upon,  establishment  of  salaries  of 
superior  and  probate  courts  in  Suffolk  county,  court  officers  in 
attendance  upon,  salaries  of  ..... 

superior  court  in  Suffolk  county,  assistant  messenger  of,  appoint- 
ment and  salary  ....... 

COURTS: 

district  courts  (see  District  courts), 
land  court  (see  Land  court), 
probate  courts  (see  Probate  courts). 

superior  court  (see  Supreme  judicial  and  superior  courts). 

supreme  judicial  court  (see  Supreme  judicial  and  superior  courts). 

Craxtuxett  cove,  in  town  of  Edgartown,  fishing  rights,  certain,  in, 

heretofore  granted  to  Proprietors  of  New  Mattakessett 

Creeks,  extension  of     . 

Credit  unions,  first  mortgages  on  real  estate,  taking  of,  by,  further 

regulated    ......... 

loans,  and  credit  advances  guaranteed  by  administrator  of  vet- 
erans' affairs,  making  of,  to  certain  veterans  by 
insured  by  federal  housing  administrator,  making  of,  by 
mortgage,  by,  to  members  of  such  unions,  further  regulated    . 
trustee  accounts,  establishment  of,  in       . 
CRIMINAL    PROCEDURE   AND    PRACTICE: 

appellate  division  in  superior  court,  review  of  certaiia  sentences 

in  criminal  cases,  by,  temporarily  provided  for 
assault  and  assault  and  battery,  issuance  of  summons  in  lieu  of 

warrant  in  certain  cases  of,  authorized  . 
bail,  admission  to,  of  persons  charged  with  sex  crimes,  so  called 
law  relative  to,  amended       ..... 

breaking,  entering,  etc.,  a  building,  ship  or  vessel  with  intent  to 

commit  misdemeanor,  penalty  for 
buildings,  laws  relativ^e  to  inspection  of,   general  penalty  pro 
vided  for  violations  of  ..... 

complaints,    hearings   on   applications   for,   summoning   of   wit- 
nesses to  appear  at,  providing  for  ... 
dogs,  cats  or  birds,  unauthorized  taking  of,  with  intent  to  ex- 
hibit or  mutilate  while  alive,  penalized  . 
dogs,  removal  of  licensg  tag  from,  and  unreported  keeping  of 
penalized    ........ 

jurors,  capital  cases,  in,  peremptory  challenges  of,  relative  to 
emergency,  providing  for     ...... 

jury,  full,  waiver  of,  providing  for  ..... 

larceny,  law  relative  to,  clarified      ..... 

misdemeanors,  complaints  for,  objections  to  issuance  of  process 
upon,  relative  to  ....... 


■hap. 

Item  or 

SectKni. 

86 

1-4 

85 

1-4 

121 
498 

1 
2 

158 
550 

1-7 
1-3 

12 


498 

1,  6,  7 

63 
550 
559 

1-3 

289 
397 

1 

12 

486 

1-3 

388 

1-3 

179 

1,  2 

317 

1,  2 

37 

1.2 

46 
66 
82 
81 

1-4 

1 

437 

230 

235 

229 

473 

250 

1,  2 

272 

276 
428 
428 
428 
282 

1 
2,3 
1.3 
1,  3 
1-5 

293 


Index. 


1227 


Chap. 
CRIMINAL   PROCEDURE   AND   PRACTICE  —  Concluded. 

obscene  books,  etc.,  importing,  printing,  distributing,  etc.,  of, 

penalized    .........     278 

trial  of  crimes  by  district  court  justices  sitting  in  superior  court, 

law  providing  for,  duration  extended      .  .  .  .152 

See  also  .lurie.s  and  jurors. 
Curley,  John  A.,  payment  of  certain  compensation  to.  by  city  of 

Boston :!7() 


Item  or 
Section. 


1.  2 


1.  2 


D. 

Dairy  and  agricultural  industry,  regulation  and  control  of,  fur- 
ther investigation  relative  to         '  .  .  .        Resolve 

appropriation     ......... 

Damages,  civil  actions,  in,  inadequacy  of,  as  ground  for  new  trial, 
relative  to  ........ 

D'Amore,  Mary  L.,  assignee,  payment  to,  of  compensation  for  loss 
occasioned  by  delays  required  by  officials  of  common- 
wealth        .......        Resolve 

Danforth,  Katherine,  payment  of  sum  of  money  to,  by  town  of 
Norton        ......... 

Dangerous  weapons  (see  Weapons). 

Danvers,  town  of  (see  Cities  and  towns). 

Dartmouth,  town  of  (see  Cities  and  towns). 

Deaf  persons,  instruction  of  certain,  at  certain  schools  . 

Death  benefits  (see  Fraternal  benefit  societies). 

Deaths,  records  of,  deceased  war  veterans,  of,  copies  of,  to  be  sent 
by  municipalities  where  they  died  to  municipalities  where 
they  were  buried  ....... 

probative  effect  of,  relative  to      . 
motor  vehicles,  caused  by,  security  for  satisfaction  of  judgment 
(see   Motor  vehicles,   liability   for   bodily  injuries,   etc., 
caused  by,  security  for), 
workmen,  of,  compensation  for  (see  Workmen's  compensation)   . 
See  also  Stillborn  children. 

Deceased  persons,  business  of,  continuing  of,  by  executors  and  ad- 
ministrators        ........ 

estates  of  (see  Estates  of  deceased  persons). 

Declaratory  judgments,  procedure  for         ....  . 

Dedhatn,  town  of  (see  Cities  and  towns). 

Deeds,  recording  of,  of  municipalities  conveying  land  acquired  by 
foreclosure  of  tax  titles  ...... 

registers  and  registries  of  (see  Registers  and  registries  of  deeds). 

Deedy,  John  Joseph,  First  Lieutenant,  memorial  tablet  in  state 
house  to,  authorized     .....        Resolve 

appropriation     ....... 

Deerfield  Fire  District,  extensions  of  boundaries  of 

Deer  Island,  sewage  disposal  plant  at,  investigation  relative  to 

Defective  delinquents,  parole  of,  further  regulated 

Definitions  (see  Words  and  phrases). 

Delinquents,  defective,  parole  of,  further  regulated 

Dennis,  South  Water  District,  establishment,  etc. 

town  of  (see  Cities  and  towns). 

Water  District,  establishment,  etc.  ..... 

Department  of  commerce,  establishment  of,  investigation  and 
study  by  a  special  commission  relative  to        .      Resolves 

DEPARTMENTS,    STATE: 

See    Commonwealth,    departments,    boards,    commissions,    etc., 
of;   also  specific  titles  of  departments. 
Dependent  children,  aid  to,  amount  of,  needs  of  certain  persons 
consideration  of,  in  establishing     . 
medical,  etc.,  services  rendered  on  account  of,  and  their  parents 

payment  for,  in  certain  cases  .... 

mothers  with,  aid  to  (see  Mothers  with  dependent  children,  aid  to) 
See  also  Minors;  Parent  and  child. 
Deposits  (see  Banks  and  banking). 

Disabled  American  Veterans,  department  commander  of,  ap- 
pointment by,  of  a  member  of  veterans'  services  advisory 
council         ......... 


736  I 


0-1  n 


524 


439 
570 


572 

349 

582 

78 

55 

736  I 

435 
705 
150 

150 
314 

277 
16 
44 
79 
86 


567 
532 


730 


0263. 
Page  960 

1-3 


1.  2 


1,  2 


1.  2 
1-5 


0424-21, 

Page  960 

1.  2 

1 


1-14 
1-14 


1228 


Index. 


DISTRICT    ATTORNEYS: 

obscene   books,  etc.,   information  or  petition  against,   bringing 
of,  by  ........  . 

DISTRICT   COURTS: 

in  general,  actions  and  proceedings,  certain,  pending  in,  and 

in  superior  court,  trial  together  of  .  . 

clerks   of,    persons   substituting    for,    or   for   assistant   clerks 

thereof,  entitled  to  same  periods  of  absence  without  loss 

of  pay         ......... 

salaries  of,  temporarily  increased       ..... 

court  officers  of,  salaries  of,  temporarily  increased 

justices,  salaries  of,  temporarily  increased      .... 

special,  compensation  of,  except  in  municipal  court  of  city  of 

Boston,  and  except  in  Boston  juvenile  court,  established 

waiver  by,  of  reriuirement  of  five  day  notice  of  intention 

of  marriage,  whether  or  not  holding  court   . 

superior   court,    sitting   in,    trial,   etc.,    of   certain    criminal 

cases  by,  law  providing  for,  duration  extended 

probation  officers  of,  persons  substituting  for,  entitJt'd  to  same 

periods  of  absence  without  loss  of  pay    .... 

salaries  of,  temporarily  increased       ..... 

records  of,  disposal  of  obsolete  and  useless,  relative  to 
systems  of,  investigation  and  study  relative  to      .        Resolve 

appropriation       ........ 

special  provisions  relative  to  pax-ticular  courts : 

Boston,  municipal  court  of  the  city  of,  court  officer.s  in  attend- 
ance upon,  establishment  of  salaries  of  . 
Brighton  district,   municipal    court  of,  justice  of,   salary  of, 
established  ........ 

Lowell,  district  court  of,  land  for  purposes  of,  acquisition  of, 
by  Middlesex  comity  commissioners       .... 

South  Boston,  mimicipal  court  of,  reimbursement  of  chief  pro- 
bation officer  of,  for  money  stolen  from  his  office 
Springfield,  district  court  of,  additional  court  officer  in,  pro- 
vided for     ......... 

District  of  Columbia,  real  property  in,  mortgages  upon,  certain, 
investment  by  domestic  insurance  companies  in,  approved 
DISTRICTS: 

in  general,  agreements,  certain,  by,  with  other  governmental 
units  relative  to  performance  of  certain  public  services, 
authorized  ........ 

fire  prevention,  enforcement  of  laws  relative  to,  for,  forma- 
tion of,  by  adjoining  municipalities         .... 

National  Industrial  Recovery  Act,  law  relative  to  securing  of 
benefits  of,  by,  repealed         ...... 

officers  and  employees  of,  accumulated  sick  leave  allowances, 

payment  of,  to,  in  lieu  of  workmen's  compensation 
pensions,  non-contributory,  acceptance  of  certain  provisions 
of  law  relating  to,  by,  time  for,  limited  .... 

public   services,   agreements   with   other   goverhmental    units 

relative  to  performance  of  certain,  making  of,  by 
public  works  projects,  federal  assistance  in,  securing  of  bene- 
fits of.  by    

taxes,  payments  in  lieu  of,  on  property  held  by,  in  aacjther 
municipality         ........ 

fire,  Deerfield  Fire  District,  extensions  of  boundaries  of 

Three  Rivers  Fire  District  of  the  town  of  Palmer,  authorized 
to  establish  facilities  for  water  supply,  storage  and  dis- 
tribution    ......... 

tire  and  water,  Whately  Hre  and  Water  District  of  Whately, 
exemption  from  taxes  of  certain  property  in,  and  election 
of  officers  thereof  validated  ...... 

metropolitan  (see  Metropolitan  districts). 

sewerage.  South  Essex,  apportionment  of  costs  in,  <letermina- 

tion  of  taxable  valuations  for  purpose  of,  change  of  date  of 

construction  of  additional  sewerage  works  for,  to  prevent 

pollution  of  North  river  and  Beverly  and  Salem  harbors 

soil  conservation,  establishment  of        ....  . 

veterans'  services,  for,  formation  of      . 

water,  Dennis  South  Water  District,  establishment,  etc.  . 

Dennis  \^'ater  District,  establishment,  etc.    .... 

Seekonk  Water  District,  establishment,  etc. 

South  Sagamore  Water  District,  establishment,  etc. 


Chap. 

It«m  or 
Section. 

278 

1 

373 

1.  2 

362 
498 
498 
498 

2 
2 
2 

(311 


!14 


15:; 


362 

498 

323 

66 

736  1 

o 

1,  2 

0259, 
Page  959 

486 

1-3 

476 

1.2 

54 

1 

198 

1.  2 

294 

188 

438 

674 

1.2 

74 

7 

729 

483 

1-11 

438 

74 

1-7 

367 
435 

1-3 

I,  2 

(i57 

1.  2 

501 

1-3 

169 


431 

1-5 

531 

723 

1-8 

314 

1-14 

277 

1-14 

381 

1-14 

262 

1-14 

Index. 


1229 


Dividend  credit,  foreign  corporations,  of,  repealed 
Dividends,  income  tax  exemption  as  to  certain,  discontinued  . 
DIVISIONS,    STATE   DEPARTMENTS,    OF: 

See  Commonwealth,  departments,  boards,  commissions,  etc.,  of: 

also  specific  titles  of  divisions  listed  under  specific  titles 

of  the  state  departments  in  which  the  divisions  are  placed. 

Divorce,  certain  matters  relating  to,  investigation  of        .        Resolve 

Dogs,  licenses  for,  further  regulated  .  . 

persons  serving  in  military  or  naval  service  who  own,  and  the 
keepers  of  such  dogs,  exempted  from  payment  of  certain 
license  fees  ........ 

taking  of,  unauthorized,  with  intent  to  exhibit,  mutilate  while 

alive,  etc.,  penalized     .  .  . 

wrongful  killing,  etc.,  of,  civil  liability  for,  established,  and  re- 
moval of  license  tag  from,  etc.,  penalized 
Doherty,  John  S.,  payment  of  sum  of  money  to,  by  city  of  Boston 
Domestic  animals  (see  Animals). 
Domestic  corporations  (see  Corporations) . 
Doorkeepers  (See  General  court). 
Dracut,  town  of  (see  Cities  and  towns). 
Drug  addicts,  parole  of,  further  regulated     ..... 

Dudley  L.  Brown  Post  No.  2846,  Veterans  of  Foreign  Wars,  re- 
fund to,  of  beano  license  fee,  by  town  of  Wareham 
DUKES   COUNTY: 

airport,  public,  construction,  operation,  etc.,  of,  by   . 
appropriations  for  maintenance  of,  etc.    ..... 

loan,  hurricane  damage,  by     .  .  .  ■  ■  •  • 

rodents,   destruction   of.   expenditures  for,   by   county   commis- 
sioners of    . 
sheriff  of,  disposition  of  fees  received  by,  further  regulated 
tax  levy         .......... 

Dunphy,  Thomas,   widow  of,  payment  of  annuity  to,  by  city  of 

Everett 4.')0 

Dunsford,  Donald  A.,  acts  as  a  notary  public  validated  .        Resolve         1 

Duxbury,  town  of  (see  Cities  and  towns). 

Dyer,  Mary,  memorial  to,  placing  of  on  state  house  grounds    .  fiOl 


Item  or 

Chap. 

Section. 

7.35 

3 

735 

1.2 

11 

140 


140 
272 


276 
20fi 


150 

79 

212 
550 

i:^ 

90 

63 

550 


1 
I,  2 


1 

1-3 

1 

1.2 

1.  2 

1 

1,  2 


E. 

E.  Anthony  &   Sons,  Inc.,   conveyance  of  certain  state  land   to, 

authorized  ......  597 

East  Boston,   airport  at   (see  Airport,   General  Edward   Lawrence 
Logan), 
construction  and  extension  of  north  metropolitan   relief  sewer, 

etc.,  in 705 

tunnel,  vehicular  (see  Sumner  Tunnel). 

Eastern  Nazarene  College,  Trustees  for,  anruities,  making  of 
contracts  for  payment  of,  by,  authorized,  and  contracts 
already  made  validated  ...     320 

Eastern  States  Exposition,  land  owned  by.  certain,  leasing  of,  by 

town  of  West  Springfield 499 

Easthampton,  town  of  (see  Cities  and  towns). 

Easton,  town  of  (see  Cities  and  towns). 

Edgartown,  town  of  (see  Cities  and  towns). 

Education,  phy.sically  handicapped  children,  certain,  of,  relative  to     534 
public,  certain  matters  relating  to,  investigation  of    .        Resolve       88 

appropriation  .  736 

vocational  (see  Vocational  education) 

See  also  Colleges  and  universities;    Schools;    Univensity  exten- 
sion courses. 
EDUCATION,   DEPARTMENT   OF: 

in  general,  veterans,  children  of  certain  deceased,  expenses 
of  higher  education  of,  contribution  of  commonwealth 
toward,   through  •  •  •         .■     507 

veterans  of  World  War  II,  an  educational  program  for,  di- 
rected to  provide  ....-■■     660 
commissioner,  annual  reports  oi  Massachusetts  state  college, 

relieved  of  duty  of  making    ...-■■     504 
veterans'  .services  advisory  council,  to  be  member  of  730 

division  of  the  blind: 

aid   to  blind  persons  by,  applicants  for,  examination  of,   by 

accredited  ophthalmologist  .,,..•     554 


1,  2 


1.  2 
I.  2 


0270. 
Page  963 


1 

1,  2 

1 


1230 


Index. 


EDUCATION,  DEPARTMENT    OF  —  Condvded. 
division  of  the  blind  —  Conclvded. 

riireotor.  payment  of  fertain  funeral  and  burial  expenses  by    . 
federal  funds  available  for  rehabilitation  of  the  blind,  use  of, 

by 

Election  oflflcers  (see  Elections). 
ELECTIONS: 

absent  voting,  affidavits,  certain,  under  law  relative  to,  form  of, 
altered         ....... 

ballots  for,  instructions  on  back,  printing  of,  permitted 
Boston,  regular  municipal  elections  in,  at 
elections  in  cities  and  towns  except  Boston,  at 
persons  physically  disabled,  by,  authorized   . 
time    for    caucuses   preceding   elections   in    cities   and    towns 
having         ......... 

Attleboro,  biennial  municipal  elections  in,  holding  of,  in  odd 
numbered    years,    providing    for,    and    establishing    date 
thereof        ....... 

ballots,   absent  voting,   for,   instructions  on   back,   printing  of 
permitted   .  .  ... 

to  be  used  by  phj^sically  disabled  persons,  relative  to 
relative  to  questions  subm.itted  to  the  people,  where  voting 
machines  used,  deposit  of,  in  ballot  boxes,  required 
Beverly,  in,  polling  hours  at  . 
Boston,  regular  municipal  elections  in,  absent  voting  at     . 

special  election  to  fill  vacancy  in  office  of  mayor  eliminated 

candidates,  acceptance  of  nomination  by  certain,  in  advance  of 

final  determination  thereof,  relative  to  . 

lists  or  slates  of,   certain,   designation  of  political  party  on 

relative  to  ....... 

primaries,  at,  nomination  papers  for,  certificate  of  enrolment 

to  be  used  by  voters  objecting  to,  form  of 

caucuses,  in  cities  and  towns  having  absent  voting,  time  for 

committees,  political  (see,  infra,  political  com.mittees). 

contested,  and  election  recounts,  where  voting  machines  have 

been  used,  relative  to  . 
Dedham,  late  filing  of  certificates  of  nomination  and  nomination 
papers  of  candidates  for  town  offices  in,  at  annual  town 
election  of,  in  current  year,  permitted    . 
Dracut,  non-partisan  preliminary  elections  in,  provided  for,  and 

contents  of  ballots  regulated  .  .  . 

election  officers,  absent  voting,  powers  and  duties  as  to,  further 
regulated    .  .  . 

towns  having  precincts,  in,  appointment  of  . 
Gardner,  division  of,  into  voting  precincts,  in  current  year 
Lawrence,  polling  hours  at      .  .  .  -  .  •  • 

laws  relating  to,  revision  of,  investigation  relative  to,  continued, 
etc.    ........      Resolves 

appropriation  ........ 

nomination  of  candidates,  acceptance  of  nomination,  by  candi- 
dates for  election  to  state  committees  endorsed  by  con- 
ventions of  ward  and  town  comrnittees,  time  for      . 
by   certain   candidates  in   advance   of   final   determination 
thereof        ,  .  .  .  .  .  ■ 

caucuses    for,    time    of,    in    cities   and    towns    having    absent 
voting  ......... 

primaries  for,  nomination  papers  for,  certificate  of  enrolment 
to  be  used  by  voters  objecting  to,  form  of       . 
North  Adams,  election  districts  in,  certain,  use  of      , 
political  committees,  state,  time  for  acceptances  of  nominations 
by  candidates  for  election  to,  who  are  endorsed  by  con- 
ventions     ........ 

towns  having  precincts,  in,  lists  of  persons  desiring  appoint- 
ment as  election  officers,  suhmis.sion  to  selectmen  by 
primaries,  laws  relative  to,  computation  of  certain  periods  imder, 
clarified 
revision  of,  investigation  relative  to,  continued,  etc.  Resolves 

appropriation  ........ 

nomination  papers  for,  form  of  certificate  of  party  enrolment 

to  be  used  by  voters  objecting  to  .  .  . 

supplementary  registration  of  soldiers  and  sailors  before 


Chap. 

541 
561 

231 


Item  or 
Section. 


224 

52 
466 

62 
144 
139 

8 

55 

602 

51 
1 

142 

18 

491 

466 
363 
326 
138 

81,90 
736  I 

20 

55 

1 

51 

178 

20 

363 

237 
81,90 

736/ 

51 
378 


1.2 


139 

1-7 

166 

1-8 

466 

1-6 

1-6 
1-6 


1.  2 
1-7 
1,  2 


1  2 


1.  2 

1-9 

5 

1.2 


0227, 
Page  960 


1.2 


1-4 


0227, 
Page  960 


Index. 


1231 


ELECTIONS  —  Concluded. 

recounts  of  ballots,  and  contested  elections  in  cases  where  voting 
machines  have  been  used       ..... 

petitions  for,  number  of  signatures  to  be  certified  on 
signing  of        .......  ■ 

registrars  of  voters,  physically  disabled  persons,  registration  of 

by 

recounts  of  ballots  at   primaries  and   elections,   powers  and 

duties  as  to 
voting  lists,  time  for  sending  of,  to  state  secretary  by,  ad- 
vanced        ........ 

registration  of  voters,  continuous,  in  cities  and  certain  towns 
provided  for         ....... 

supplementary,  of  soldiers  and  sailors,  before  primaries 
Revere,  municipal  elections  in,  time  for  holding  of,  changed 
slates   or   lists   of   candidates,    certain,    designation   of   political 

party  on,  relative  to     . 
Springfield,  division  of  city  into  voting  precincts  before  May  1 
1945,  to  take  effect  forthwith  .... 

state  elections,  voting  lists,  tim.e  for  transmission  of,   to  state 
secretary  prior  to,  advanced  .... 

town  committees  (see,  supra,  political  committees). 

town  meeting  members,  certain,  fixing  of  time  for  filing  of  notices 

of  candidates  for  re-election  as       . 
vote,  right  to,  of  male  persons  whose  names  have  been  changed 
by   lecrec  oi  court         ...... 

voters,  physically  disabled,  absent  voting  by,  authorized   . 

votes,  return  of,  on  certain  questions  submitted  to  voters 

voting  lists,  additional  names  on,  posting  of      .  .  . 

time  for  transmission  of,  to  state  secretary  prior  to  biennial 

state  elections,  advanced       ..... 
verification,  state  wide,  of,  relative  to  . 

voting  machines,  ballots  relative  to  questions  submitted  to  the 
people  where  used,  deposit  of,  in  ballot  boxes,  required 
Boston,  installation  and  use  of,  in  .  . 

contested  elections  and  election  recounts  where  used,  relative 

to 

Wareham,  nomination  papers  of  candidates  for  town  office  in 

filing  with  town  clerk  of,  in  current  year  .  . 

Weymouth,  late  filing  of  certificates  of  nomiiiation  and  nomina- 
tion papers  of  candidates  for  town  offices  in,  at  annual 
town  election  of,  in  current  year,  permitted 
Elevator  regulations,  board  of  (see  Public  safety,  department  of). 
Elevators  and  escalators,  construction  and  maintenance  of,  licens- 
ing of  persons  engaged  in       .....  . 

Embalming  and  funeral  directing,  practice  of,  further  regulated 
EMERGENCY  FINANCE   BOARD: 

compensation    of  members   of,    for   acting   under   law   enabling 
counties,   municipalities   and   districts   to   secure   federal 
assistance  in  public  works  projects  .... 

for  acting  under  municipal  relief  loan  act       .... 

public  welfare  and  soldiers'  benefits,  borrowing  of  money  for,  by 

cities  and  towns,  subject  to  approval  of  .  . 

stabilization  funds,  cities  and  towns,  of,  powers  and  duties  as  to 
tax  titles, 'borrowing  of  money  by  cities  and  towns  based  upon, 
powers  and  duties  as  to  . 

Emergency  laws,  certain  acts  declared  by  governor  to  be 

Emergency  war  powers,  governor,  of,  during  present  food  shortage, 
relative  to  ........ 

Eminent  domain,  taking  of  land  by,  by  urban  redevelopment  cor- 
porations ■    .      ■        .  • 
taking  of  water  bj-,  for  public  water  supply  purposes  in  certain 
emergencies                     .....•■ 

Employees,    commonwealth,    of    (see   Commonwealth,    officprs   and 
employees  of). 
counties,  of  (see  Counties). 

injured,  compensation  for  (see  Workmen's  compensation), 
municipal  (see  Municipal  officers  and  employees). 
See  also  Employers  and  employees;  Labor. 
EMPLOYERS  AND  EMPLOYEES: 

employment  security  law,  as  affecting  (see  Employment  security 
law). 


Chap. 

142 
149 
315 

715 

315 

64 

24f) 

378 
222 

602 

23 

04 

359 

310 
466 

2.'')3 

64 
127 

62 
84 

142 

17 

19 


It«m  or 
Section. 


626 
596 


74 
73 

73 
124 

324 

1.55 
654 
6n(> 


1,  2 
1.  2 


1-G 

Pages 
1013-1048 


1-4 


1.  2 
1.  2 


1,  2 
1,  2 


1.  2 
Pages 
1011,  1012 

1-3 

II 


1232  Index. 

Item  or 
Chap.  Section. 

EMPLOYERS  AND  EMPLOYEES  —  Cnndurle^l. 

injured  employees,  compensation  to  (see  Workmen's  rompensa- 

tion). 
medical  examinations,  reports  of,  copies  of,  to  be  furnished  to 

injured  employees  in  certain  cases  ....     4B8 

unemployment   compensation,   law   providing    for,    as   afFecting 

(see  Employment  security  law). 
See  also  Labor. 
Employment  records,  certain,  powers  of  department  of  labor  and 

industries  with  respect  to      .....  .     4.S0 

Employment  security,   division  of    (soo   Labor  and   Industries, 

department  of). 
EMPLOYMENT   SECURITY   LAW: 

beneficiaries,    certain,    rights   nf,    under   Social    Security  Act,  to 
serve  a  waiting  period  and  be  i)aid  benefits  imder,  rela- 
tive to         ........  .     .'?5ri 

benefit  payments  under,  increased  ......     484  1-3 

benefits  under,  exempted  from  state  income  tax  law  fi2.'">  2,  4 

confinement,  period  before,  during  which  no  waiting  period  ni;ty 

be  served  nor  benefits  paid  under,  increased    .  .  .     626  3 

contributions,  sunessor  employing  vmits,  by,  imder  .  51fi 

veterans,  payment  of  benefits  to,  under,  certain  requirements  as 

to,  removed  ........     62.')  1 

Entirety,  tenancy  by  the,  real  estate  held  under,  probate  court's 
authority    to    guardian    ■  »■    conservator    of    ward,    with 

spouse,  to  sell,  etc.,  m  .  le  certain  41S  1,  2 

Epilepsy,  persons  subject  to      ertain,  release  or  discharge  of,  after 

commitment  to  Monson  state  hospital    ....     227 

Episcopal  Society  in  Cambridge,   name  of,   changed   to  Christ 

Church,  Cambridge      .......      170 

Equity,  bills  of  exceptions,  filing  of,  in  suits  in         ...  .     oSO  I,  2 

proceedings  in,  report  of  material  facts  in,  facilitated  .     394  1,2 

Erosion,  prevention  and  control  of         .  .     .'531 

Escalators   and   elevators,    construction    and    maintenance   of,    li- 
censing of  persons  engaged  in  .....     626  1,2 

Escheated  estates,  public  administration  of  fund.s  from,  investiga- 
tion relative  to    .  .  Resolve        10 
ESSEX  COUNTY: 

appropriations  for  maintenance  of,  etc.    .....     r>f)0  1 

industrial  farm,  reimbursement  of  Albert  I>.  Stewart  for  certain 

expenses  incurred  by  reason  of  injuries  sustained  at  .     332  1,  2 

Kelley,  Marion,  payment  of  sum  of  money  to,  by      .  .     295  1,  2 

register  of  probate,  permanent  third  assistant,  for,  provided  for     47.5  1,  2 

tax  levy         ..........     5-50  1 

tuberculosis  hospital  in,  expenditures  for  maintenance,  etc.,  of     .576 
ESTATES   OF  DECEASED   PERSONS: 

btisiness  of  deceased  persons,  continuing  of,   by  executors  and 

administrators  for  benefit  of  .....     349  1,2 

distributive  share  of,  to  which  a  surviving  husband  or  wife  is 

entitled  where  there  are  kindred  and  no  issue  .  238  1,  2 

fiduciaries  in  connection  with,  solicitation  for  appointments  as, 

etc.,  investigation  relative  to  .  .  .        Resolve       78 

appropriation  ........     736 

See  also  Executors  and  administrators. 
Estate  taxes  (see  Taxation). 
Everett,  city  of  (see  Cities  and  towns). 
Evidence,  death  records,  probative  effect  f>{  .  .  oTO  1,  2 

declarations  of  insane  persons  made  prior  lo  insanity,  adn)issi- 

bility  of,  investigation  relative  to  Resolve        1.5 

statements,  signed,  certain,  admissibility  of,  in  certain  actions  .     424  1,  2 

Exceptions,  bills  of,  equity  suits,  in,  provided  for  .530  1 ,  2 

probate  proceedings,  in,  provided  for        .....     469  1 ,  2 

See  also  Practice  in  civil  actions. 
Excise  tax  (see  Taxation,  excise  tax). 
Executive  council,  members  of,  manual  for  general  court,  allotment 

of,  to,  increased  .......     538 

Executive  orders  (see  Governor). 
EXECUTORS  AND  ADMINISTRATORS: 

business  of  deceased  persons,  continuing  of,  by  349  1,  2 

Exits,  buildings,  in  (see  Buildings). 

Explosives  and  inflammable  fluids  and  compounds,  keeping,  (^^^  ^   o 

storage,  manufacture  or  sale  of,  erection  and  use  of  build-  \  ■^■,'q  1-19 

ings  and  other  structures  for,  etc.  ,  ,  ,  .   [ 


f  02(J6, 

\         Page  960 


Index.  1233 


F. 


Item  or 
Chap.  Section. 


Factories  (see  BuilJings). 

Fairhaven,  town  of  (see  Cities  and  towns). 

Fair  Trade  Law,  so  called,  alcoholic  beverage  licenses  and  permits, 

su.spension  or  revocation  of,  following  violation  of  .  .     215 

Fall  River,  city  of  (see  Cities  and  towns). 

Falmouth,  town  of  (see  Cities  and  towns). 

Farm-aid  bureau,  temporarily  established  in  department  of  agri- 
culture for  benefit  of  certain  veterans    ....     392 

Federal  emergency  laws,  counties,  cities,  towns  and  districts,  se- 
curing by,  of  public  works  funds  under  .  .74  1-7 

Federal  government  (see  United  States). 

Federal  housing  administrator,  loans  insured  by,  making  Ijy  bank- 
ing institutions    ........        (Hi  1 

Federal  Railway  Labor  Act,  cmphAces  subject  to,  exempted  from 

application  fif  st.-ite  l;iL)'ir  relations  law  ....      'A5i 

Federal  savings  and  loan  associations  (see  Banks  and  banking). 

Feeble  minded  persons,  state  schools  for,  admission  of  voluntary 

patients  to  ........     407 

comrr,itments  to,  order  of    .  .  .  .  .  .  .24 

parole  from         .........       25 

Fellows  and  internes  of  hospitals,  etc.,  practice  of  medicine  by  .     186 

Felonies,  offences  which  are,  pardons  of,  termis  and  conditions  upon 

which  they  may  be  granted,  act  prescribing    .  .ISO 

Fernald,  Walter  E.,  state  school,  superintendent  of,  order  of  com- 
mitment of  feeble  minded  persons  to  be  under  direction  of       24 

Finance,  cities,  towns  and  fiistricts,  of  (see  Municipal  finance), 
commonwealth,  of  (see  State  finance), 
counties,  of  (see  County  finance). 

Finance,   administration  and,   commission  on   (see  Adminis- 
tration and  finance,  commission  on). 

Finance  board,  emergency  (see  Emergency  finance  board). 

Fiduciaries,  trust  estates,  etc.,  in,  solicitation  for  appointments  as, 

investigation  relative  to         ...  .        Resolve       78 

7--tfi  /  0266, 

appropriation 736  |         p^^^  gg^ 

See  also  Executors  and  administrators. 
Firearms,  possession  of,  by  aliens,  law  relative  to,  repealed  .     254 

See  also  Weapons. 
FIRE   DEPARTMENTS: 

in  general,  combustible  materials  in  certain  buildings,  orders  for 

removal  of,  service  of  notice  of,  by  members  of       .  .     463 

firemen  injured  in  performance  of  duty,  expenses  incurred  by, 

act  providing  reimbursement  for,  except  in  city  of  Boston     670 
firemen  killed,  etc.,  in  performance  of  duty,  payment  of  an- 
nuities to  dependents  of,  further  regulated 
heads  of,  action  by,  appeals  from,  to  state  fire  marshal  . 

dangerous  builflings,  prompt  enforcement  of  laws  relati\  e  to, 

duties  as  to 
permits,  issuance  of,  by   .  .  .  .  .  . 

term,  as  used  in  laws  relating  to  fire  prevention,  defined 
permanent  members  of,  hours  of  duty  of,  in  certain  cities  and 
towns,  further  regulated        .  .  .  .  .  . 

Boston,  fire  commissioner,  office  of,  in,  act  authorizing  appoint- 
ment of  chief  engineer  of  said  department  to  . 
firemen,  in,  payment  of  annuities  to  widows  of,  increased 
Danvers,  call  firemen  in,  promotions  of,  to  permanent  force,  act 

authorizing,  acceptance  of,  by  said  town  .  .  .34 

Easthampton,  chief  of,  placing  of  office  under  civil  service,  au- 
thorized      .  ...       32  1,2 

Hingham,  chief  engineer  of,  placing  of  office  under  civil  service, 

authorized  ...       36 

North  Andover,  chief  of,  placing  of  office  under  civil  service, 

authoriied •     _      .     425  1,2 

Plymouth,  chief  of,  placing  of  office  under  civil  service,  authorized         2  1,2 

Fire  districts  (see  Districts). 
Fire  insurance  (see  Insurance). 

Fire  marshal,  state  (see  Public  safety,  department  of). 
Firemen  (see  Fire  departments). 


696 
460 

697 
479 
470 

1-6 

413 

1,  2 

304 
672 

1.2 
1-3 

1234 


Index. 


Chap. 
FIRES   AND    FIRE    PREVENTION   AND    PROTECTION: 

buildings,  laws  relative  to,  changed  .....      700 

fires  in  open  air,  permits  lor,  issuance  of  ....     269 

forest  fire  observation  towers,  purchase  of  land  for  erection  of  514 

mercantile  establishments,  basements  of,  equipment  with  auto- 
matic sprinklers  .......     -l8l 

public  safety,  department  of,  board  of  fire  prevention  regulations 

established  in,  and  '.'iwa  relative  to  fire  prevention  changed     71U 
Fireworks,   keeping,  manufacturing,  storing,  etc.,  of,  further  regu- 
lated ■ 710 

displays  of,  competent  operators  for          .....     25(i 
First  Church  of  Christ  in  Lynn  (Congregational),  united  with 
The  Xorlh  Congrejiational  Church  of  Lynn,   Massachu- 
setts   ISl 

First- Grace  Universalist  Paris?h  in  Lowell,  formation  of  210 

First  Universalist  Society  in  Lowell,  consolidated  with  Grace  Uni- 
versalist Parish  of  Lowell      .  .  .  .  .210 

FISH   AND   FISHERIES: 

inland  (see  Game  and  inland  fisheries,  fish  and  fishing), 
marine,  Atlantic  States   Marine  Fisheries  Commission,   certain 

reports  of,  time  for  filing       ......        30 

clams,  seed  of,  taking  or  possession  of,  penalty  for  98 

soft-shelled,  propagation  of,  investigation  relative  to  Resolve       65 

appropriation  ........     736  I 

(isliing  gear,  etc.,  unauthorized  use  or  molestation  of,  penalized  98 
laws  relative  to,  application  of,  not  to  be  limited  to  coastal 

waters          .........  98 

certain  corrective  changes  in     .  .  .  .  .98 

reciprocal  enforcement  of,  providing  for     ....  281 

violations  of,  penalty  for            ......  98 

quahaugs,  seed  of,  taking  or  possession  of,  penalty  for    .  98 

reports  of  catches,  time  for,  etc.             .....  98 

scallops,  exempted  fi-om  certain  provisions  of  laws  relating  to 

contaminated  areas       .......  99 

shellfish,  distribution  of,  by  dealers,  relative  to       .                      .  98 
propagation  of,  chlorinating  plants  for,  etc.,  investigation 

relative  to             .  •       .                      .           .           .        Resolve  65 

appropriation  ........     736 

striped  bass,  protection  of  .  .  .  .  .  .  .     264 

Fisheries  and  gam.e,  division  of  (see  Conservation,  department  of). 
FLOOD    CONTROL: 

Mill  river,  construction  of  flood  protection  works  at,  by  city  of 

Springfield,  for  purposes  of   .  .  .  .  .  .     307 

towns,  certain,  reimbursement  to,  for  loss  of  taxes  on  property 

taken  for 592 

Flour  (see  Food). 
FOOD: 

flours,  meals,  etc.,  weights  and  standards  of  containers  for,  estab- 
lished    .  .  .  .92 

meat  and  meat  products,  preservatives,  containing,  sale  of  .  .      16.5 

shortage  of,  emergency  war  powers  granted  to  governor  in  con- 
nection with         .  .  .  .  .  .  .155 

storage  of,  in  locker  plants,  so  called,  exempted  from  laws  relat- 
ing to  cold  storage  warehouses  .  .  .109 
Foreclosure,  real  estate  mortgages,  of,  actions  for  tleficicncios  on 

mortgage  notes  after    .......     604 

Foreign  corporations  (see  Corporations). 

Foreigners  (see  Aliens). 

Forest  fires  (see  Forests  and  forestry). 

Forestry,  division  of  (see  Conservation,  department  of). 

FORESTS   AND   FORESTRY: 

forest  fire  observation  towers,  purchase  of  land  for  erection  of    .     514 
state  forests,  Willard  Brook  state  forest,  extension  of  .  .     573 

Forest  wardens,-  cities  and  towns  of,  killed  or  dying  from  injuries 
received  in  performance  of  duty,  payment  of  annuities 
to  dependents  of,  further  regulated  ....     696 

Forsyth  Dental  Infirmary  for  Children,  holding  of  property  by, 

and  number  of  trustees  of,  relative  to     .  .  .  .     247 

Forty-eight-hour  week,  county  institutions,  in,  established  .  .     426 

Foxborough,  town  of  (see  Cities  and  towns). 

Fox,  Selma  R.,  acts  as  notary  public  validated       .  .        Resolve        10 


Item  or 
Section. 


1-4 


1-19 
15,  16 


1-6 
1-6 


6 

0258, 

Page  959 

4 

2 

1-7 

3 
6 
5 

1-3 

7 


0258. 

Page  959 

1,2 


1-4 
1.  2 

1.  2 
1-3 


1-4 


1.  2 
1.2 


Index.  1235 


/hap. 

Item  or 
Section. 

613 

1.2 

550 

1 

505 
550 

1-3 

1 

346 

1-9 

329 

331 

Framingham,  Ujwn  of  ^see  Cities  and  towns). 

Union  Hospital,  building  fund  for,  contributions  to,  by  certain 
banks,  authorized 
FRANKLIN    COUNTY: 

.ippropriations  for  maintenance  of,  etc.    ..... 

Hampshire  county  sanitarium,  care  and  maintenance  at,  for  resi- 
dents of  the  tuberculosis  hospital  district  of    . 
tax  Ie\'j'        ......... 

Fraternal  benefit  societies,   certain,  hospitalization  and  medical 
service  insurance,  providing  for,  by,  authorized 
death  benefit  certificates  as  to  cliildren,  requirement  of  medical 

examination  eliminated  in  cases  of  issuance  of,  by    . 
disbursements,  certain,  by,  vouchers  and  affidavits  rcfjuired  in 
connection  with  ........ 

See  also  General  Electric  Mutual  Benefit  Association. 
Fraternities,  certain,  grand  or  district  lodges  of,  payment  of  certain 

death  or  funeral  benefits  by,  authorized  .  .  .     506 

Free  speech,  right   of,  guarantee  of  right  of,  for  people,  proposed 

amendment  to  constitution  providing  for         .  .  .  Page  1009 

Friends  (Quaker)  Cemetery,  transfer  of  property  and  trust  funds 

of,  to  town  of  Marion  ......     189  1-6 

Fuller  Field  Commission,  in  town  of  Clinton,  established  .     375  1 

Funeral  benefits,  certain,  payment  of,  by  grand  or  district  lodges 

of  certain  secret  orders  or  fraternities,  authorized    .           .     506 
Funeral  directing  and  embalming,   practice  of,   further  regu- 
lated   .596  1, 2 

Funeral  expenses,  poor  persons,  certain,  of,  payment  by  munici- 
palities of  additional  amounts  for,  etc  ,  providing  for      .     668  1,  2 

G. 

Gagnon,  Grace  R.,  acts  a.s  notary  public  validated        .        Resolve         4 
GAME    AND    INLAND    FISHERIES: 
birds  and  mammals : 

birds: 

migratory,  reservations  for,  law  relative  to  establishment  of, 
by  United  States,  repealed    .  .  .  .  .12 

v/ood  duck,  hunting  of,  penalized  .     232 

manamals: 

beavers,  open  season  on  hunting  and  trapping  of  .251 

fish  and  fishing : 

inland  waters,  certain,  in,  further  regulated  ....     693  1,  2 

Game,  fisheries  and,  division  of  (see  Conservation,  department  of). 
Garbage,  etc.,   transportation  of,  outside  municipality  where  col- 
lected, relative  to  ......  .     423 

Gardner,  city  of  (see  Cities  and  towns). 
GAS   AND   ELECTRIC   COMPANIES: 

securities  of,  investments  by  savings  banks  and  savings  depart- 
ments of  trust  companies  in  .....     377  3 

Gasoline,  tax,  additional,  time  during  which  effective  further  ex- 
tended        ......... 

collection  of,  relative  to  ....... 

Gay  Head,  town  of  (see  Cities  and  towns). 
GENERAL   COURT: 

in  general,  acts  and  resolves,  number  passed  by  . 

annual  sessions  of,  adoption  of  amendment  to  constitution 
pro\nding  for,  certain  changes  in  laws  necessitated  by 

doorkeepers  and  as.sistant  doorkeepers,  allowances  to,  for  travel 
and  other  expenses       ....... 

method  of  fixing  compensation  of,  changed 

journals,  number  of  printed  copies  of,  relative  to  . 

manual  for,  allotment  of,  to  governor,  lieutenant  governor  and 
members  of  executive  council,  increased 

members,  compensation  of,  allowances  to,  etc. 

expenses  of.  investigation  and  study  relative  to  .        Resolve 
prorogation  of,  statement  as  to    ...... 

public   service,    committee   on,   investigation    by,    relative   to 
salaries  of  certain  elected  and  appointed  officials  and 
employees  of  commonwealth      .          .          .        Resolve 
appropriation       .  7.36  |        Pagr960 


571 

556 

38 
158 
242 

Page  1011 

1-9 

1-7 

1-16 

488 

421 

38 

1-3 

2-6 

4 

538 

38 

248 

8 

1.2 

1-6 

Page  1011 

73 
736  ( 

0264, 

1236 


Index. 


Chap. 
GENERAL  COURT  —  Concluded.. 
in  general  —  Concluded. 

sergeant-at-amis,  assistants,  etc.,  allowances  to,  for  travel  and 

other  expenses     ........     488 

method  of  fixing  compensation  of,  changed         .  .  .     421 

traveling  expenses  of  members  of  ....  .     248 

house  of  representatives,  vacancy  in,  filling  of,  changes  in  law 

relative  to,  necessitated  by  restoration  of  annual  sessions  .       38 
General  Edward  Lawrence  Logan  Airport  at  East  Boston,  pro- 
viding for  the  continued  development  of  .  .  .     383 
General  Electric  Mutual  Benefit  Association,  further  benefits 

by,  to  members  and  their  dependents,  powers  as  to  .     312 

General  Laws,  changes  in,  table  of        .....  . 

G.  I.  Bill  of  Rights,  so  called,  benefits  provided  by,  act  enabling 

veterr.n.s  who  are  minors  to  participate  in        .  .  .     408 

Giroux,  Eugene  H.,  acts  as  notary  public  validated  Resolve         6 

Gloucester,  city  of  (see  Cities  and  towns). 

Community  Pier  Association,  Inc.,  freezer  building  of,  repay- 
ment of  cost  of  additions  to  .....     653 

fish  pier,  so  called,  certain  additions  to,  provided  for  .  .  .     653 

Goats,  larceny  of,  penalty  for,  increased         .....     713 
Gorovitz,  Israel,  acts  as  notary  public  validated   .  Resolve       74 

Gosnold,  town  of  (see  Cities  and  towns). 
GOVERNOR: 

in  general,  budget  of  (see  Appropriations). 

emergency  laws,  certain  acts  declared  to  be,  l).\' 

leans,    certain,    guaranteed    by    administrator    of    veterans' 
affairs,  executive  action  authorizing  savings  banks,  etc., 
to  make,  ratified  .......       40 

manual  for  general  court,  increase  of  allotment  of,  to      .  .     538 

vetoes  l)y  ....... 

appointments  by,  Bristol  county  tuberculosis  hospital,  trustees  of     398 
milk  control  board,  additional  member  of,  etc.        .  .  497 

personnel  appeal  board,  permanent  chairman  of     .  .  .     485 

public  safety,  department  of,  fire  prevention  regulations,  board 

of,  created  in,  six  members  of         ....  .     710 

standards,  board  of,  created  in,  .six  members  of  .  .  .     722 

powers  and  duties,  food  shortage,  present,  as  to         .  .  .      155 

General  Edward  Lawrence  Logan  Airport,  improvement,  de- 
velopment, etc.,  of,  borrowing  of  money  for,  as  to    .  .     383 
officers  and  employees  of  commonwealth,  certain,  survey  rela- 
tive to  classification  and  salaries  of,  copies  of  report  of. 
printing  and  distribution  of,  as  to           .          .        Resolve 
quarters  outside  of  state  house  for  use  of  state  agencies,  leas- 
ing of,  approval  by       .          .          .          .          .          . 

state  departments,  closing  of  offices  of,  etc.,  and  providing  for 
time  off  for  certain  state  employees  as,  to        .  .  . 

tax  titles,  loans  to  cities  and  towns  on  account  of,  as  to  . 
GOVERNOR   AND   COUNCIL: 
powers  and  duties: 

civil   service  examinations,   rules  and   regulations  governing, 
approval  by         .......  • 

General  Edward  Lawrence  Logan  Airport,  contracts  for  con- 
cessions at,  approval  by         .  .  .  .  . 

Salisbury  Water  Supply  Company,  grant  of  certain  easement 
in  state  owned  laud  to,  for  niain  sewer,  approval  by  . 
Grace  Universalist  Parish  of  Lowell,  consolidated  with  First  Uni- 
versalist  Society  in  Lowell     ...... 

Grade  crossings,  signboards  at,  relative  to  . 

Grand  jurors,  compensation  of,  increased     ..... 

Granite  Avenue  bridge,  so  called,  retirement  allowances  for  em- 
ployees at,  providing  for        ...... 

Greene,  Kathryn  Swift,  acts  as  a  notary  public  validated     Resolve 
Griffiths,  Ruth  B.,  acts  as  a  notary  public  validated  Resolve 

Group  annuity  contracts  (.see  Insurance,  classes  of  insurance). 
GUARDIANS   AND    CONSERVATORS: 

in  general,  real  estate  held  by  ward  under  tenancy  by  the  en- 
tirety,   sale   or   mortgage   of,    by,    authority    of   probate 
court  relative  to,  made  certain       .  .  .418 

wills,  waivers  of,  by    .  .  .  .  338 

conservators,  appointment  of,  persons  physically  incapable  of 

caring  for  own  property,  for  .....     728 

Gypsy  moth,  control  of,  investigation  relative  to  .  Resolve       67 


\ 


Item  or 
Section. 


1-3 
1-5 
1-5 


1-7 

1,  2 
Pages 
10.54-1196 


1,  2 
1,  2 
1,  2 


Pages 
1011, 1012 


Page  1011 
1-5 
1.  2 


1 
3.4 
1-3 


9 

706 

508 
324 

2 

376 

383 

A  ceo 

6 

4oy 

210 
301 
236 

1-5 
1,2 

353 
3 

2 

1-7 

1,2 
1-3 

1-4 


Index.  1237 


H. 

Item  or 
Chap.  Section. 

Hadley,  town  of  (see  Cities  and  towns). 
Halls  (see  Assembly,  places  of;  Buildings). 
HAMPDEN   COUNTY: 

appropriations  for  maintenance  of,  etc.    .....     550  1 

bills,  unpaid,  certain,  payment  by  .  .  .  .  .154  1,  2 

litigation,  certain,  expenses  of,  reimbursement  for      .  .  .     603  1—4 

tax  levj' 550  1 

HAMPSHIRE   COUNTY: 

appropriations  for  maintenance  of,  etc.    .....     550  1 

county  commissioners  of,  establishment  of  isolation  hospital  by       59  1 

sanatorium,  care  and  maintenance  of  residents  of  tuberculosis 

hospital  districts  of  Berkshire  and  Franklin  counties,  at  .     505  1-3 

tax  levy        .  .  .  .  •  •     550  1 

tuberculosis  hospital,  expenditures  for  maintenance,  etc.,  of,  in, 

relative  to  ........     576 

Harbors  (see  Waters  and  waterways). 

Harvard  University,    property,   certain,   of,   exempted   from   local 

taxation      .........     60S 

Harwich,  town  of  (see  Cities  and  towns). 
Haverhill,  city  of  (see  Cities  and  towns). 

Hawkers  and  pedlers,  special  licenses  to  act  as,  granting  of,  to  cer- 
tain disabled  war  veterans    ......     493  1,  2 

Hays,  Mark  H.,  estate  of,  payment  by  common  wealth  of  sum  of 

money  to    .  .  .  .        Resolve       30 

HEALTH,   LOCAL   BOARDS   OF: 

garbage,  etc.,  to  be  tran.sported  outside  municipality  where  col- 
lected, registration  with,  when,  etc.         ....     423 

Henderson,   Lucy,    payment  of  money   to,    by   town   of   Norton, 

authorized  ........     549  1,  2 

Highway  Fund,  administration  and  finance,  commission  on,  survey 
relative  to  classification  and   salaries  of  certain  officers 
and    employees    of    commonwealth,    appropriations    for, 
from,  authorized  .....        Resolve         9 

portion  of,  payment  by  commonwealth  to  its  municipalities  to 

be  expended  by  them  for  local  highway  purposes     .  .719  1,  2 

Highways  (see  Ways). 

Hingham,  town  of  (see  Cities  and  towns). 
Holyoke,  city  of  (see  Cities  and  towns). 
Hopkinton,  town  of  (see  Cities  and  towns). 

Hospital  cottages  for  children,  children  afflicted  with  mental  de- 
ficiency, care  and  treatment  of,  at,  authorized        .  .     451 
Hospital  expenses,  dependents  of  servicemen,  of,  payment  of  .  366 
poor  and  indigent  persons,  support  of,  in  connection  with,  rela- 
tive to         ........           .     583 

Hospital  records,  inspection  of,  etc.,  by  patient  or  attorney,  act  per- 
mitting         291 

Hospitalization  insurance,  fraternal  benefit  societies,  certain,  by, 

authorized  ........     346  1-9 

HOSPITALS: 

in  general,  internes,  fellows  and  medical  officers  in,  practice  of 

medicine  by,  relative  to         .....  .      186 

licenses  for,  issuance  or  renewal  of,  certificate  of  approval  of 
egresses  and  fire  prevention  as  condition  precedent  to 
fee  for,  increased     ........ 

Framingham   Union  Hospital,  building  fund  for,  contributions 
to,  by  certain  banks,  authorized    ..... 

mental  health,  department  of,  under,  appointment  of  assistant 
treasurers  at,  providing  for  ...... 

tenure  of  certain  employees  of,  relative  to     . 
Milton,  town  of,  public  hospital  in,  pro\'isions  of  law  relative  to 
establi-shment  of,  and  administration  of  trust  funds  of, 
repealed  .  .  .  .  .  . 

Norfolk  county  hospital,  in  town  of  Brain  tree,  additional  facili- 
ties for  .  .  .  . 

state  hospitals  for  insane,  etc.,  in  general,  prisoners  committed 
or  removed  to,  disposition  of  ....  . 

Monson,   epileptics,    certain,    release    or   discharge   of,    from, 
relative  to  ........ 


527 
521 

613 

1,  2 

638 
675 

42 

1,2 

121 

1 

60 

227 

1238  Index. 


Item  or 
Chap.  Section. 


HOSPITALS  —  Concluded. 

tuberculosis  (see  Tuberculosis  hospitals). 

veterans'  hospital,  Berkshire,  Franklin,  Hampden  or  Hampshire 
coimtj',  in,  special  commission  created  to  impress  upon 
federal  government  the  advisability  of  establishment  of, 
etc.    ........      Resolves  23,  82 

Hotels    (see    Alcoholic    beverages;     Buildings;     Innholders;     Inns; 
Lodging  houses,  etc.). 

Hot  water  fronts,  cast  iron,  marking  of,  further  regulated  .     477 

Hours  of  labor  (see  Labor). 

Household  goods,  clothing,  laundry,  etc.,  work  upon,  lien  for, 

created 607 

House  of  representatives  (.see  General  Court;. 

Houses  (see  Buildings). 

correction,  of  (see  Penal  and  reformatory  institutions,  counties, 
of). 

Housing  administrator,   federal   (see  Federal  housing  adminis- 
trator) . 

Housing  projects,  purchase  of  real  estate  for,  etc.,  by  domestic  life 

insurance  companies    .......     605  1-3 

Housing,  state  board  of,  urban  redevelopment  corporations,  powers 

and  duties  as  to  .......     654  1,  2 

veterans,  procurement  of  homes  for,  establishment  of  bureau  to 

act  in  relation  to,  investigation  by  .  .        Resolve       57 

Hunting  (see  Game  and  inland  fisheries). 

Hurlburt,  Mathilda  A.,  paj^ment  of  money  to,  by  town  of  Norton, 

authorized  ........     549  1,  2 

Hurley,  Patrick  J.,  chief  probation  officer  of  South  Boston  munici- 
pal court,  reimbursement  of,  for  money  stolen  from  office     198  1 

Hurricane  and  floods,  damage  caused  by,  Dukes  county  authorized 

to  borrow  money  on  account  of     .  .  .  .1.3  1,2 

shore  protective  work  necessitated  by,  contributions  to  cost  of, 
by  town  and  county  of  Barnstable  and  the  commonwealth, 
authorized  ........     734  1-4 

HUSBAND    AND    WIFE: 

contracts  and  other  transactions  between,  investigation  relative 

to       .  .  .  .  .  .  .        Resolve       26 

estates  of,  distributive  share  of  surviving  spouse  in,  where  there 

are  kindred  and  no  issue,  increased  .  .  .     238  1, 2 

Hypodermic  instruments,  possession  of,  by  chiropodists  or  po- 
diatrists, further  regulated    ......     509 

I. 

Illegitimate  children,  birth  records  of,  copies  of,  where  status  of 

legitimate  children  acquired  by,  form  of  .65 

Immaculate    Conception   Educational   Association   of   New- 

buryport,  revival  of,  for  validation  of  certain  conveyance       76 
Income  taxes  (sec  Taxation,  incomes,  of). 
Indigent  persons  (see  Poor  and  indigent  persons; . 
Industrial  homework,  further  regulated      .....     600  1-7 

Infants,  abandoned,  responsibility  of  local  board  of  public  welfare 

as  to  .........     520 

employment  of  (see  Minors). 

negligence  of  parents  or  custodians  not  to  be  attributed  to.  when     352  1-4 

prematurely  born,  certain,  reimbursement  of  municipalities  for 
expenses  incurred  for  the  benefit  of,  time  of  liability  of 
commonwealth  in  connection  with,  extended  .     535 

See  also  Minors;  Children. 
INDUSTRIAL  ACCIDENTS,   DEPARTMENT    OF: 

average  weekly  wages  in  compe»sation  agreements,  changes  in, 

by,  authority  extended  ......     347 

chairman  of,  veterans'  services  advisory  council,  to  be  member  of     730  1 

medical  reports  on  file  with,  to  be  open  to  inspection  by  parties 

to  proceedings     ........     464 

self-insurance,  division  of,  in,  established  .  .60 

self-insurers,  certain  policies  of  reinsurance  may  be  required  of,  by     344 
Industrial  life  insurance  (see  Insurance,  classes  of  insurance,  life). 
Industrial  school,  boys,  for,  commitments  to  .  .  .     202 

discharge  of  certain  inmates  of    .  .  147 

girls,  for,  commitments  to       .  .  202 

discharge  of  certain  inmates  of     .  .     147 

Industries,  labor  and,  department  of  (see  Labor  and  in  ju.-jtrie3, 
department  of). 


Index.  1239 

Item  or 
Chap.  Section. 

Inflammable   fluids    (nee    Explosives   and   inflammable  fluids   and 

compounds). 
Inheritance  tax  (see  Taxation,  legacies  and  successions,  of). 
INITIATIVE   AND    REFERENDUM: 

initiative  p^'titiou  relative  to  repealing  old   age   assistance   law 

and  substituting  therefor  an  old  age  pension  law     .  .  Page  1010 

referendum  on  question  of  approval  of  law  repealing  provisions  p 

of  law  authorizing  the  licensing  and  conducting  of  the  \       if)io5fn4S 

gamf'  Cf^nunonly  called  beano,  return  of  votes  on  i^      iU4_   1U49 

Inland  Fisheries  and  Game  Fund,  established   ....     548  1-3 

Inland  waters  (see  Waters  and  waterways). 

Inns,  lodging  houses  and  public  lodging  houses,  safety  of  per- 
sons ill,  laws  relative  to,  certain  changes  in     .  .  .     700  1-4 
See  also  Buildings. 
INSANE,   FEEBLE   MINDED   AND   EPILEPTIC    PERSONS: 
eare  of  insane  i>ersons  boarded  out  by  department  of  mental 

health,  charges  to  be  made  for,  relative  to       .  .  .     6.59  1-3 

declarations  of  insane  persons  made  prior  to  insanity,  admis- 
sibility in  evidence  of,  investigation  relative  to       Resolve        1.5 
orders  of  commitment  of  feeble  minded  persons  to  state  schools, 

relative  to  ........       24 

parole  of  feeble  minded  persons  from  state  schools,  relative  to    .       25 
prisoners,  in&ane,  disposition  of  certain    .....       50 

Inspection,  division  of  (see  Public  safety,  department  of). 
INSURANCE : 

in  general,   cities  and  towns,  by,  indemnifying  or  protecting 
municipal  officers  and  employees  for  damages  sustained 
on  account  of  operation  of  certain  publicly  owned  vessels     391  2 

fraternal  benefit  societies  (see  Fraternal  benefit  societies), 
self-insurance  (see  Workmen's  compensation). 
agents  and  brokers,  brokers,  licenses  of,  fee  for,  exemption  of 

blind  persons  from  payment  of      .  .  .  .     368 

classes  of  Insurance : 

accident  or  health,  general  or  blanket  policies  of,  voting  rights 

under  .........     403  1,  2 

accident  and  health,  policies  of,  containing  multiple  optional 

benefits,  form,  contents,  approval  of,  etc.  .  .     341 

anniuty,  group,  contracts,  relative  to    .  .  .  .  .313  1-5 

endowment,  policies  of,  certain  re-written,  attachment  of  copy 
of  application  therefor  or  of  application  for  original  policy, 
or  both,  to,  and  retroactive  effective  dates  for  incontest- 
able provisions  in  ......  .     335 

See  also,  infra,  classes  of  insurance,  life, 
fire,  policies  of,  certain,  may  be  made  payable  to  mortgagees 

under  present  or  future  mortgages  ....     399  1,  2 

hospitalization  and  medical  service,  providing  for,  by  certain 

fraternal  benefit  societies       ......     346  1-9 

liability,  legal,  for  loss  or  damage  on  account  of  any  injury, 

against,  relative  to        ......  .     436 

life,  industrial,  lapsed  policies  of,  notice  to  holders  of,  of  non- 
forfeiture benefits  .......     298 

policies  of,  certain  re-written,  attachment  of  copy  of  appli- 
cation therefor  or  of  application  for  original  policy,  or 
both,  to,  and  retroactive  effective  dates  for  incontestable 
provisions  in         .  .  .  .  .  .  .  .     335 

multiple  line  underwriting,  so  called,  by  certain  companies, 

authorized  ........     384  1-3 

See  also,  infra,  companies. 
companies : 

in  general,  annual  statements  of  . 

excise  tax  upon,  other  than  life  companies 
investments  by  domestic,  in  certain  real  estate  mortgages    . 
multiple  line  underwriting,  so  called,  by  certain  domestic 
and  foreign  ........ 

officers,  etc.,  of  domestic,  payment  of  certain  taxes  and  fees 
by,  temporarily  authorized   ...... 

powers  of  certain,  more  specifically  defined 
veterans  of  World  War  II,  loans  and  advances  of  credit  to, 
Wy,    when    guaranteed    by    administrator    of    veterans' 
aBTaixs         ......... 

fire,  domestic  mutual,  establishment  of  guaranty  capital  in 
Liability,  motor  vehicle  liability  policies  or  bonds,  issuance,  etc., 
by  (see  Motor  vehicles,  liability  for  bodily  injuries,  etc., 
oaused  by,  security  for). 


159 
721 

188 

1-5 

384 

1-3 

57 
609 

1.2 
1.2 

46 

726 

1-4 

1240 


Index. 


INSURANCE  —  Concluded. 
companies  —  Concluded . 

life,   charKes  and  fees  for  valuation  of  certain  annuity  con- 
tracts issued  by  domestic      ...... 

housing  projects,  purchase,  etc.,  of  real  estate  for,  and  f-pcra- 
tion,  etc.,  of,  by  domestic      ..... 

taxation  of,  corrective  changes  in  law  relating  to 
See  also  Massachusetts  Hospital  Life  Insurance  Company. 
See  also  Workmen's  compensation. 
Insurance,  banking  and,  department  of  (see  Banking  and  insurance, 
department  of), 
commissioner  of  (see  Banking  and  insurance,  department  of), 
division  of  (see  Banking  and  insurance,  department  of). 
International  log  rule,  adopted  as  standard  log  rule  for  determin- 
ing board  feet  content  of  saw  logs  ..... 

Internes,  hospitals  and  other  institutions,  in,  practice  of  medicine 

by 

Interstate  commerce,  state  labor  law  not  applicable  to  unfair  labor 
practices  involving  employees  engaged  in         .  .  . 

Intoxicating  liquors  (see  Alcoholic  beverages). 


Chap. 


5&;-! 


()()!, 
M2 


14.'* 
2  80 
364 


llem  or 
Section. 


1,  2 
1-3 


J. 

Jails  (see  Penal  and  reformatory  institutions,  counties,  of). 
Janitors,  school  ^see  Schools). 

Judges  and  justices,   retirement    age   for,   prescribing  by  general 
court,  proposed  amendment  to  constitution  providing  for 

See    also   Courts;     District   courts;     Probate   courts;     Supreme 
judicial  and  superior  court.s;    Trial  justices. 
Judgments,  declaratory,  procedure  for       ...         . 
JUDICIAL   COUNCIL: 

charitable  trusts,  investigation  relative  to,  by  .  .        Resolve 

corporations,  foreign,  certain,  service  of  process  on,  investigation 
relative  to,  by     .  .  ...        Resolve 

divorce,  certain  matters  relating  to,  investigation  relative  to. 
by      .  .  .  .  Resolve 

escheated  estates,  public  administration  of  funds  from,  investi- 
gation relative  to,  by   .  .  .        Resolve 

evidence,  declarations  of  insane  persons  made  prior  to  insanity, 
admissibility  of,  investigation  relative  to,  by  .        Resolve 

husband  and  wife,  contracts  and  other  transactions  between, 
permissibility  of,  investigation  relative  to,  by  .        Resolve 

mortgage  deeds,  eliminating  repetitious  provisions  from,  inves- 
tigation relative  to,  by  .  Resolve 

neglected  children,  commitment  of,  investigation  relative  to, 
by      .....••  •        Resolve 

receivers,  appointment  of,  in  actions  by  tax  collectors,  investi- 
gation relative  to,  by    .  .  Resolve 

sentences  of  persons  convicted  of  crime,  investigation  relative 
to,  by Resolve 

tenants  of  dwellings,  certain  proceedings  against,  prevention  of 
encroachment  upon  authority  and  jurisdiction  of  common- 
wealth over,  investigation  relative  to,  by  Resolve 

verdicts,  jury,  in  civil  actions,  by  less  than  whole  number  of 
jurors,  investigation  relative  to,  by  Resolve 

veterans,  criminal  trial,  held  for,  creation  of  board  to  investi- 
gate and  report  concerning,  investigation  relative  to, 
by      ...•••  •        Resolve 

JURIES   AND   JURORS: 

capital  cases,  in,  peremptory  challenges  of         .  .  . 

compensation  of  jurors,  increased    ..... 

emergency  jurors,  provided  for         ..... 

full  jury,  waiver  of,  provided  for      ..... 
Juvenile  training,  division  of  (sec  Public  welfare,  department  of) 


5Si 


19 
20 


11 


19 


12 


.'■i2 


26 


14 


34 


Page  1008 


1-5 


.     428 

2,3 

.     236 

1.2 

.     428 

1,3 

.      42b 

1,3 

K. 

Kelley,  Marion,  payment  of  sum  of  money  to,  by  Essex  county 
Killion,   Bernard  J.,  Trustee,   bridge  over  Tamworth  street  in 

Boston,    construction   and    maintenance   of,    permit    for. 

issuance  of ,  to      . 
Kuhn,  Esther  M.,  acts  as  a  justice  of  the  peace  validated      Resolve 


296 


196 
18 


1,2 
1 


Index. 


1241 


L. 


LABOR: 

civil  service  commission  to  include  representative  of 
county  institutions,  forty-eight-hour  week  in,  established  . 
"employment",  word,  in  laws  relative  to  labor  and  industries 

further  defined     ....... 

hours  of  women  employed  in  textile  industry,  six  o'clock  law,  so 

called,  relating  to,  suspension  until  April  1,  1946     . 
industrial  hon^ework,  further  regulated    .... 
laborers,  workmen  and  mec^hanics,  further  definition  of 
minors,  of,  under  seventeen,  performance  of  farm  labor  by,  not 

to  include  certain  structural  painting,  etc. 
under    sixteen,    laws    relative    to,    certain    minor    perfecting 

changes  in  ....... 

public  employees,  accumulated  sick  leave  allowances,  paymen 

to,  in  lieu  of  workmen's  compensation    . 
public  works,  state  department  of,  labor  service  in,  changing  of 

districts  established  in  connection  with 
six  o'clock  law,  so  called,  relating  to  hours  of  employment  o 

women  in  textile  industry,  suspension  until  April  1,  1946 
wage   and   hour  standards,   adoption  of,   investigation  relative 

to       .......  ■        Resolve 

appropriation  ........ 

wage  differentials  based  on  sex,  prohibited         .... 

women,  of,  establishments,  certain,  in,  immediately  prior  to  or 
after  childbirth,  prohibited   ...... 

hours  of,  textile  industry,  in,  six  o'clock  law,  so  called,  relat- 
ing to  suspension  until  April  1,  1946       .  .  . 
See  also  Emp'oyers  and  employees;    Employment  security  law; 
Labor  and  industries,  department  of;    Workmen's  com- 
pensation. 
LABOR   AND   INDUSTRIES,  DEPARTMENT   OF: 

in  general,  employees  ot,  certain,  killed  or  disabled  in  perform- 
ance of  duty,  payment  of  annuities  to  dependents  of 
employment  records,  certain,  powers  as  to    . 
commissioner,  six  o'clock   aw,  so  called,  relating  to  hours  of  em- 
ployment of  women  in  textile  industry,  suspension  until 
April  1,  1946  by    .         .  .  .  .  .  . 

veterans'  services  advisory  council,  to  be  member  of 
employment  security,  division  of,  director  of,  to  be  member  of 
veterans'  services  advisory  council  .  .  .  . 

employees  in,  inducted  into  United  States  employment  serv- 
ice, retirement  accounts  of,  interest  on,  provided  for 
standards  and  necessaries  of  life,  director  of,  rules  and  regula- 
tions relative  to  certain  weighing  and  measuring  devices, 
prescribing  of,  by 
Lakes  (see  Waters  and  waterways). 

Lakeside  Cemetery  Association,  tmnsfer  of  property  to  town  of 
Webster  by,  and  said  corporation  dissolved    .  .  . 

Land,  state,  controlled  by  department  of  conservation,  acquisition 
of  rights  in.  by  prescription  or  adverse  possession,  pro- 
hibited        ......... 

See  also  Real  propertJ^ 
XAND    COURT: 

exceptions,  bills  of,  in,  filing  and  allowance  of,  laws  relative  to, 
liberalized  ........ 

notices,  certain,  fee  for,  in,  increased        .... 

recorder,  removal  of,  by  supreme  judicial  court 
records  of,  obsolete  and  useless,  disposal  of        . 
Larceny,  law  relative  to,  clarified  ..... 

poultry,  domestic  animals,  certain,  of,  penalty  for,  increased 
Laundry,  etc.,  work,  upon  clothing  or  household  goods,  lien  for 
created  ....... 

Lawrence,  A.  C,  Leather  Company  Employees  Benefit  As.«ociation 
exompted  from  provisions  of  certain  laws 
city  of  (.see  C'ities  and  towns). 
Leases,  quarters  outside  of  state  house  for  use  of  state  agencies,  of 
real  property,  pertaining  to,  certain  provisions  of,  made  void 
Lee,  town  of  (see  Cities  and  towns). 
Legislature  (see  General  court). 


Chap. 

681 
426 

646 

14 

600 
680 

646 

133 

729 

389 

14 

71 
736 
584 

87 

14 


607 

.5S 


706 
445 


Item  or 
Section. 

1.2 

1,2 


1-9 


0262, 

Page  960 

1-3 


641 
696 
430 

14 

730 

1 

730 

1 

664 

1,  2 

273 

1()_' 

1-5 

328 

522 

465 

323 

1,  2 

282 

1-5 

713 

1.2 

1,  2 


1242  Index. 


IteiQ  or 
Chap.  SeotloA. 


Legitimacy,  void  marriages,  certain,  issue  of,  of,  further  provided 

for .185 

Lemaire,  E.  Francis,  paymeut  of  money  to,  by  town  of  Norton      .     549  1,  2 

Leo  Jerome  Martin  Memorial  Golf  Course,  Riverside  Public  Golf 

Links  in  city  of  Newton  and  town  of  Weston  (iesignated  as     357  1,  2 

Lexington,  town  of  (see  Cities  and  towns). 

Librarian,  state,  member  of  commission  to  prepare  history  of  Mas- 
sachusetts' part  in  World  War  II,  to  be  .  .  .714  1-6 
LICENSES   AND   PERMITS: 

alcoholic  beverages,  manufacture,  transportation,  sale,  etc.,  of 

(see  Alcoholic  ^beverages), 
common  carriers  of  passengers  by  motor  vehicle,  of,  duration  of 
inactive,  in  absence  of  certificates  of  public  convenience 

and  necessity,  establishing  a  limit  for    .  .  .     318  1,  2 

(log,  fees  for  certain,  not  required  to  be  paid  V)y  persons  se^^'ing 

in  armed  forces  in  time  of  war,  etc.        ....     140 

elevators  and  escalators,  persons  engaged  in  construction  and 

maintenance  of    . 
explosives,  etc.,  erection  and  use  of  buildings,  etc.,  for  storing, 
manufacturing  and  selling     ...... 

fire  department  heads,  issuance  of  certain,  by  . 

fires,  open  air         ......... 

hawkers  and  pedlers,  special  licenses  to  act  as,  granting  of,  with- 
out fee,  to  disabled  veterans  of  World  War  II 
hospitals  and  sanatoria,  issue  or  renewal  of,  certificate  of  ap- 
proval of  egresses  and  fire  prevention  as  prerequisite  to  . 
fee  for       .......... 

insurance  brokers,  fee  for,  exemption  of  blind  persons  from  pay- 
ment of       ........  . 

motor  vehicles  (see  Motor  vehicles). 

poultry  slaughtering  houses,  establishment  and  operation  of 

Sunday,  public  entertainment,  certain,  on  ...  . 

transportation  of  garbage,  etc.,  out.side  municipality  where  col- 
lected ......... 

veterans'  organizations,  certain,  to  sell  certain  articles  for  chari- 
table purposes,  granting  of   . 
Liens,  attorneys',  relative  to         ......  . 

land,  on,  for  local  taxes  ....... 

laundrj-,    etc.,    work,    for,    upon    clothing   or   household    goods, 
created        ......... 

merchandise,  upon,  creation  of,  without  necessity  of  custody  or 
possession  in  lienee       ....... 

personal  property  subject  to,  assessment  of       . 
Lieutenant  governor,  manual  for  general  court,  allotment  of,  to, 

increased    .........     538 

Life  insurance  (see  Insurance,  classes  of  insurance,  life). 
Liquors,  intoxicating  (see  Alcoholic  beverages). 
Loans,  banks,  by  (see  Banks  and  banking), 
county  (see  County  finance), 
credit  unions,  by  (see  Credit  unions), 
discharged  prisoners,  to,  repayments  of,  expenditures  of  proceeds 

of 512 

insurance  companies,  by  (nee  Insurance  conipanies). 
municipal  (see  Municipal  finance), 
state  (see  State  finance). 
Lodges,  grand  or  district,  of  certain  secret  orders  or  fraternities,  pay- 
ment of  certain  death  or  funeral  benefits  by   .  .  506 
Lodging  houses   (see  Buildings;    Inns,  lodging  houses  and  public 

lodging  houses^ 
Logan  airport,  so  called  (see  Airport,  General  Edward  Lawrence 

Logan). 
Logs,  saw,  board  feet  content  of,  determination  of  .  .  .     145 

Lovett  Corporation,  The,  claim  of,  against  town  of  Walpole,  pay- 
ment of       .........         5  1,2 

Lowell,  city  of  (see  Cities  and  towns). 

Lyman  school  for  boys,  commitments  to     .  .     202 

discharge  of  certain  inmates  of         .....  .      147 

Lynn,  city  of  (see  Cities  and  towns). 

First  Congregational  Parish  or  Society,  gifts,  etc.,  to.  vested  in 

First  Church  of  Christ  in  Lynn  (Congregational)  .     181  3 


626 

1.2 

416 
479 
269 

1.2 

493 

1,2 

527 
521 

368 

679 
575 

423 

160 
397 
333 

1-8 

607 

285 
143 

Index.  1243 


M. 


Chap.  Seotioa. 


Mbtlibu  bttacli,  Uoiclieitei'  Disliict  of  city  of  Boston,  ia,  saxidiug  of      655 

Manchester,  town  of  (see  Cities  and  towns). 

Manor  Cafe,  Inc.,  refund  of  certain  license  fee  to,  by  city  of  Boston     387  1,  2 

Mansfield,  town  of  (see  Cities  and  towns). 

Manual  for  general  court,  allotment  of,  to  governor,  lieutenant 

governor  and  members  of  executive  council,  increased  33S 

Marblehead,  town  of  (see  Cities  and  towns). 
Marine  fisheries  (see  Fish  and  fisheries). 

Marines  (see  IVIilitary  and  naval  service  of  the  United  States;    Sol- 
diers, sailors  and  marines;  Veterans). 
Marion,  Evergreen  Cemetery,  property  and  trust  funds  of,  transfer 

of,  to  town  of  Marion  .  .  .  .189  16 

town  of  (see  Cities  and  towns). 
Marlborough,  city  of  (see  Cities  and  towns). 

Co-operative  Bank,  transfer  of  funds  of  Co.  F,  Sixth  Regiment, 

M.  V.  M.  by,  authorized  .  .  .  .  .,110  1.  i' 

Marriage,  legitimacy  of  issue  of  certain,  when  such  marriage  has 

been  declared  void,  further  providing  for  .     1S5 

notice  of  intention  of,  filing  of,  waiting  period  requirement  in 
connection  with,   waiver  of,    by   certain   special   justices 

whether  or  not  holding  court  .  .214  1,2 

Marshfleld,  town  of  (see  Cities  and  towns). 
Marvel,    Guy,    payment    by    commonwealth    of    sum    of    money 

to       ...■■•  •  Resolve       42 

Mashpee,  advisory  commission,  existence  extended  .15 

town  of  (see  Cities  and  towns). 
Massachusetts,  Congregational  Fund,  incorporated  .  .       77  1-6 

Historical  Society,  election  of  members  of,  relative  to         .  .75  1,2 

history  of,  in  World  War  II,  providing  for  preparation  of    .  714  1 

Hospital  Life  Insurance  Company,   power  of  commissioner  of 
banks  with  respect  to,  extended,  and  reorganization  of 
said  company  facilitated        ......     327  1-11 

reformatory,  office  of  treasurer  at,  established  .  537  1-5 

school  of  art,  educational  program  for  veterans  of  World  War  II 

at,  providing  for  .  ...  G60  1,2 

state  college,  agricultural  experiment  station  of,  diagnostic  labo- 
ratory dealing  with  diseases  of  domestic  animals,  estab- 
lishment of,  at     .  .  .  •  •     580 
trustees  of,  annual  reports  by       ....  •     504 

State  College  Building  Association,  holding  of  property  by,  and 

leasing  of  certain  state  land  to       ....  .     390  1 ,  2 

state  guard  (see  Militia,  state  guard). 
.See  also  Commonwealth. 
Matrimony  (see  Marriage). 

Mattakessett  creek,  fishing  rights,  certain,  in,  extension  of    .  317  1,2 

Mayer,  Robert  A.,  widow  of,  payment  of  annuity  to,  by  city  of 

Boston,  authorized        .......     009  1,  2 

MAYORS: 

borrowing  of  money  by  cities,  tax  titles,  based  upon,  approved  by     324  1 

city  officers  and  employees,  indemnification  of,  for  damages  sus- 
tained on  account  of  operation  of  municipally  owned  ves- 
sels, powers  as  to  .  .  .  ■  .  .     391  1 
veterans'  funeral  and  memorial  services,  attendance  of  certain 
municipal  employees  at,  without  loss  of  pay,  when  au- 
thorized by,  etc.             .....-•     348 

McAuliffe,  William,  payment  by  county  of  Bristol  of  certain  bills  f  2O8 
of,  for  repair  work  at  registry  of  deeds  building  in  New  ■{  . 

Bedford I -"-^ 

McCoy,   Patrick   G.,    payment  by   Middlesex  county,   of  sum   of       _ 

money  to    .  .  .  .  •  ■     •>-'3  1 .  - 

McKelvey,  Harold  W.,  retirement  allowance  of,  increased  048 

Meals,  excise  upon,  administration  of,  further  regulated  .  603  1-3 

See  also  Food. 
Meat  and  meat  products,  preservatives,  certain,  containing,  sale  of     165 
Medford,  city  of  (see  Cities  and  towns). 
Medical  care,  old  age  assistance  recipients,  for,  furnishing  rjf,  r 


live  to 


441 


Medical  examiners,  certain  changes  made  in  laws  relating  to  .  032  1-6 


1244  Index. 


Item  or 
Chap.  Se«tio&. 

Medical  expenses,  (iependents  of  servicemen,  certain,  lor,  payment 

of 360 

poor  and  indigent  persons,  in  connection  with  the  support  of, 

relative  to  ........     583 

Medical  officers,  hospitals  and  institutions,  in,  practice  of  medicine 

by,  relative  to      .......  .      186 

Medical  service  insurance,  certain  fraternal  benefit  societies  au- 
thorized to  provide  for  ......     346  1—9 

Medicine,  board  of  registration  in  (see  Civil  service  and  registration, 
department  of), 
practice  of,  internes,  fellows  and  medical  officers,  by,  relative  to     186 
schools  of,  corporations  conducting,  annual  returns  by       .  .     225 

Meeting  halls  (see  Buildings). 
Melrose,  city  of  (see  Cities  and  towns). 
MENTAL   HEALTH,   DEPARTMENT   OF: 

in  general,  children  afflicted  with  mental   deficiency,  care  and 
treatment  of,  at  hospital  cottages  for  children,  powers 
and  duties  as  to  .  .  .  .  .  .451 

Fo.xborough,  town  of,  certain  rights  in,  grunt  of,  to  said  town, 
Union  Light  A  Power  Company  and  New  England  Tele- 
phone and  Telegraph  Company,  by         .  .  .  .452 

insane  persons  boarded  out  by,  charges  to  be  made  for  care 

of,  relative  to       .......  •     659  1-3 

institutions   under   control    of,   employees,    certain,    of,   given 

tenure  of  office  .  .  .  •  .  ■     675 

Monson  state  hospital,  admission  of  patients  to,  duties  as  to  .     454 
commissioner,  prisoners  committed  or  removed  to  certain  state 

hospitals,  powers  and  duties  as  to  .  .  .  .      ^50 

veterans'  services  advisory  council,  to  be  member  of       .  730  1 

Mercantile  establishments  (see  Buildings) . 

Merchandise,  nou-possessory  liens  upon,  creation  of,  relative  to  285 

Merrimack  River  Valley  Sewerage  Board,  disposal  of  sewage 
in  certain  municipalities,  investigation  relative  to, 
by      .......  .        Res(jlve       62 

appropriation     .......••     736 

Mesne    process,   arrest   on,    word    "pauper"   eliminated   from    law 

relative  to  ........      101 

Messengers  (see  Court  officers  and  messengers). 

Methuen,  town  of  (see  Cities  and  towns). 

Metropolitan  Boston  area,  rapid  transit  in,  investigation  relative 

to,  continued,  et<'.         .....        Resolve       85 

appropriation     .  .  .  .  .  .  •     736 

METROPOLITAN    DISTRICT    COMMISSION: 

Alewife  brook,  improvements,  certain,  to,  by    .  ■  .     566 

Arlington,  town  of.  Park  Circle  in,  erection  of  public  shelter  at, 

by 662  1,2 

Boston,  city  of,  public  bathing  beaches,  certain,  in,  acquisition 

of,  investigation  relative  to,  by      .  Resolve       64 

-.,„  f         8602-42, 
appropriation /3b  ^  Page  959 

Hunker  Hill  monument,  placing  of  conimemorative  tablets  on, 

investigation  relative  to,  by  ...        Resolve       2! 

(Cambridge,  city  of,  baseball  field  in,  improvement  of,  by  .  .     519 

Memorial  drive  in,  installation  and  maintenance  of  manually 

operated  traffic  signal  on,  by,  providing  for    .  .  .     540 

Kast  Boston  district  of  city  of  Boston,  property  for  park,  beach 
and  other  recreational  purposes  in,  acquisition  of,  by,  in- 
vestigation relative  to  ....        Resolve       47 

employees,  technical,  of,   killed,   etc.,   in  performance  of  duty, 

payment  of  annuities  to  dependents  of,  further  regulated     696 

fiscal  year  of,  changed    ........     279 

provisions  of  law  changing,  incorporated  into  general  laws      .     637  1-S 

Havey,  John  A.,  Memorial  beach,  West  Roxbury  district  of  city 

of  Boston,  in,  alteration  and  enlargement  of   .  .  .     688  1-3 

Lynn  shore  reservation,  establishment  of  separate  metropolitan 

police  unit  at,  investigation  relative  to,  by      .        Resolve       70 

MaUbu  beach  in  Dorchester  district  of  Boston,  sanding  of,  by  .     655 

Martin,   Leo  Jerome,   Memorial  Golf  Course,  city  of  Newton 

and  town  of  Weston,  in,  erection  of  suitable  tablet  at,  by     357  1,  2 

Neponset  river,   conditions  of   flow   of   water  in,   investigation 

relative  to,  by Resolve       59 

.  ^.  7QA  /         8807-23. 

appropriation 736  |         p        gg^ 


2015-21, 
Page  959 


0268. 
Page  963 


Index. 


1245 


Chap. 


414 

568 


3Sfi 


65fi 
2S 


69  n 


705 


705 


591 

705 


367 


279 

637 


METROPOLITAN    DISTRICT    COMMISSION  —  Concluded. 

polire  force  of,  one  clay  f)ff  in  every  six  days  for  members  of,  law 
deferring  granting  of,  repealed        .  .  .  . 

piiMio  works,  department  of,  transfer  by,  of  certain  land  in  city 

of  Boston  and  town  of  Brookline  to  control  of 
Reed,  Walter,  Corporation,  payment  to,  by,  for  storm  damage 

repair  work  at  Winthrop  shore  reservation      .  . 

Revere  beach,  additional  recreational  facilities  for  children  at, 
provading  for,  by  .     _     . 

sanding  of,  investigation  relative  to,  by  .  Resolve 

Revere,    city   of,    parking   area   in,   establishment   and   mainte- 
nance of,  by         .  .  .  .  -  •  ■ 

sewage  disposal  facilities  of  north  and  south  metropolitan  sew- 
erage districts,  maintenance  of,  by  ...  . 

A\'est  Roxbury  district  of  city  of  Boston,  erection  of  xmblic  shel- 
ter in,  bv    .....-••  ■ 

METROPOLITAN   DISTRICTS: 

sewer  districts,  north  district,  sewage  disposal  needs  of,  further 
providing  for        ........ 

south  district,  Hingham,  town  of,  admission  of,  to.  for  benefit 
of  part  of  the  town       .  .  .  . 

sewage  disposal  needs  of,  further  providing  for  . 
water  district,  property  held  in  another  mimicipality  by,  pay 
ments  in  lieu  of  taxes  on        .  .  .  • 

water  supply  system  of,  furnishing  of  water  from,  to  certain 
additional  towns,  relative  to  .... 

Metropolitan  district  water  supply  commission,  fiscal  year  of 
changed      ........ 

provisions  of  la,w  changing,  incorporated  into  general  laws 
Neponset  river,  conditions  of  flow  of  water  in,  investigation  rela- 
tive to,  by Resolve       50 

appropriation  ........     736 

sewage  disposal  needs  of  north  and  south  metropolitan  sewer- 
age districts,  etc.,  further  providing  for,  powers  and  duties 
as  to,  enlargement  of  membership  for  purposes  thereof, 

etc.     . 705 

Mice  (see  Rodents). 

Middleborough,  town  of  (see  Cities  and  towns). 

MIDDLESEX    COUNTY: 

appropriations  for  maintenance  of,  etc.    .  .  •.  .  .     • 

district  court,  Lowell,  of,  land  for  purposes  of.  acquisition  by    . 

McCoy,  Patrick  G.,  payment  of  sum  of  money  to,  by 

tax  levy  ■  •  •  •    '     • 

tuberculosis  hospital  of,  expenditures  for  maintenance,  etc.,  of, 
relative  to  .  •  .  •  ■  • 

Military  aid  (see  State  aid,  militarv  aid  and  soldiers'  relief). 
MILITARY     AND     NAVAL     SERVICE     OF     THE     UNITED 
STATES: 

absent  voting  by  certain  residents  in,  at  regular  municipal  elec- 
tions in  city  of  Boston  .  .  . 
at  regular  municipal  elections  except  in  city  of  Boston   . 

cf)mmonwealth,  employees  of,  payments  to,  in  lieu  of  vacations, 
in  certain  cases  of  entry  into  .  .  ■ 

covmty  and  municipal  employees,  certain,  granting  of  vacations 
to,  upon  return  to  employment  after  service  in 

discliarge  or  release  papers  of  persons  who  served  in,  recording 
of,  by  local  officials  in  charge  of  veterans'  matters,  pro- 
viding for   ......... 

dogs,  license.^  for  keeping  of,  issuance  of,  without  charge,  to  cer- 
tain persons  in     ......  ■ 

financial  aid,  etc,  records  of  persons  in,  or  their  dependents,  who 
apply  for,  disclosure  of,  penalized  .  .  .  . 

income  tax  returns  of  persons  in,  outside  continental  United 
States,  filing  of    .  .  .  ■     .      ■     .     • 

mortgages  of  real  or  personal  property,  in  which  soldiers  or 
sailors  may  be  interested,  notices  issued  on  petitions 
authorizing  foreclo.sure  of,  recording  of,  etc.   .  . 

motor  vehicles,  licenses  to  operate,  held  by  persons  in,  con- 
tinuance in  force  beyond  expiration  date  thereof      .  .     405 

public   office,   persons   elected    to,    while   in,    taking   of   oath   of 

office  by,  relative  to  •  •  •  .     1R2 

riublic  officers  and  employees  in,  contingencies  arising  in  con- 
nection with  service  of,  further  providing  for  ,  .610 


576 


139 
166 


411 


447 


374 
140 


Item  or 

Section. 


1-? 


1.2 

1-14 

1-10 
1-14 

1-3 

1-6 

1-8 


8807-23. 
Page  960 


1-14 


550 

1 

54 

1 

553 

1.2 

550 

1 

1-7 

1-8 


1,2 


340 

589 

1.2 

120 

1.2 

I    6 


1 246  Index. 

Item  or 
Cbap.  Section. 

MILITARY     AND     NAVAL     SERVICE     OF     THE     UNITED 
STATES  —  Concluded. 
rerorHp    relating    to    persons   in,    copies   of,    furnishing    without 

charge  in  certain  cases  .  .  .  .  .  .218 

soldiers'  benefits  (see  Public  welfare  and  soldiers'  benefits;   State 

aid,  military  aid  and  soldiers'  relief), 
teachers  retiremeht  association,  members  of,  serving  in,  retire- 
ment rights  and  privileges  of,  upon  return  to  school  em- 
ployment   .........     690 

uniform,  official,  of,  unlawful  wearing  of,  penalized  .  .  .     52.5  1-3 

university    extension    courses    free    of    charge,    temporarily    ex- 
tended to  certain  persons  who  served  in,  during  World 

War  II 382 

See  also  National  emergency,  existing,  legislation  pertaining  to; 
Soldiers,  sailors  and  marines;    Veterans. 
Military  law,   returns  and   certificates,   certain,   dates  of  filing  of, 
under  ......... 

Military  substitutes,  public  service,  in,  certain  benefits  to,  in  case 
of  injury,  providing  for  ...... 

MILITIA: 

adjutant  general,  commission  to  prepare  history  of  Massachu- 
setts' part  in  World  War  II,  to  be  member  of 
uniform    allowance    to    commissioned    officers    and    warrant 
officers,  increase  of,  approval  by    ..... 

veterans  of  World  War  II,  act  providing  suitable  recognition  of, 

powers  and  duties  in  connection  with     ... 
veterans'  services  advisory  council,  one  member  of,  appoint- 
ment by      . 
organized  militia,   uniform   allowance   to   commissioned   officers 
and  warrant  officers  of,  increased  .... 

state  guard,  funds  and  property  of  disbanded  companies  of,  di.s- 
position  of  ........ 

MILK    CONTROL   BOARD: 

appointment  and  salaries  of,  relative  to    , 

chairman  of,  qualifications  and  appointment  of,  relative  to 

dealers,  licensed,  furnishing  of  certain  information  by,  to  . 

director,  computations,  certain,  of  prices  and  percentages  of  milk 
sold,  announcement  thereof  to  dealers  by,  etc. 
Millers'river  valley,  water  supply  needs  of  municipalities  in,  inve.sti- 
gation  relative  to  .  .  .  .        Re.solvo 

appropriation 7.?B  ^  Pagrflfi.l 

Mill  river,   flood   protection   w^jrks  at,   construrtion   of,   bv   city   of 

Springfield 307  1-1 

Milton,  town  of  (see  Cities  and  towns). 

Minors,  cominitment  of,  to  training  schools  .  202 

dangerou.s  weapons,  etc.,  law  relative  to  sale  or  furnishing  of,  to, 
enforcement  of,  by  officers  charged  with  enforcement  of 
fish  and  game  laws  .  .  .132 

employment  and  school  attendance  of  children  under  sixteen. 

certain  minor  perfecting  changes  in  laws  relative  to  .  133  1    !l 

farm  labor  by,  under  seventeen,  not  to  include  certain  structural 

painting,  etc.  .  .  .  .  .     B4fi 

Servicemen's  Readjustment  Act  of  194-1,  act  enabling  participa- 
tion in,  by  war  veterans  who  are,  etc.     ....     408 

vehicles  and  machines,  certain,  operation  of,  by,  in  connection 

with  agriculture  .......     337 

See  also  Children;  Infants. 
Misdemeanors,   complaints  for,   objections  to  issuance  of  process 

upon,  relative  to  .......     293 

Moderators,   towns,  of,  recounts  of  ballots  at  primaries  and  eler-     • 

tions,  power.s  and  duties  as  to         ...  .     31.'i 

Monroe,  town  of  (see  Cities  and  towns). 

Monson  state  hospital,  admission  of  patients  to,  further  regulated     464 
epileptics,  certain,  release  or  discharge  of,  from,  relative  to  227 

Montague,  town  of  fsee  Cities  and  towns) 
MontnfuBCO,  Constance  J.,  city  of  Lawrence  .luthorized  to  reim 

burse  mother  of,  for  certMin  expenses      ....     3S0  1.2 

Mortgages,  personal  property,  of,  as  affecting  certain  assessments         143 
r^Til    estate,    certain,   investments   by    domestic   insiirance    com- 
panies in    .  188 
co-operative  form  of,  conversion  of,  to  direct  reduction  form 

by  agreement  in  co-operatiye  banks  19J 


100 

4.5.5 

714 

1-5 

4fi2 

I,  2 

731 

6 

730 

1 

462 

1,  2 

448 

1,  2 

497 
497 
134 
409 

1,2 

1 

134 

83 
736  1 

0267, 

66 
399 

1 
1,  2 

604 

162 
192 

* 
1.2 

184 

1-3 

Index.  1247 

Item  or 
Chap.  Section. 

Mortgages  —  Condvded. 
real  estate  —  Condvded. 

credit  union  l():ins  secured  by,  further  regulated     ...       82 
deeds  given  with,  repetitious  provisions  in,  elimination  of,  in- 
vestigation relative  to  ....        Resolve       12 

federal  housing  administrator,  insured  by,  making  and  servic- 
ing by  banking  institutions  of  loans  secured  by 
fire  insurance  policies  made  payable  to  mortgagees  under 
foreclosure  of,  actions  for  deficiencies  on  mortgage  notes  fol- 
lowing, etc.  .  .  .  .  .  .      _    . 

loans  by  savings  banks  for  financing  repair  and  rehabilitation 
of  property  held  by  such  banks  under    .... 

loans  secured  by,  investments  by  banking  companies  in 
savings  banks,   deposits   of,    and   income   derived   therefrom, 
investment  of,  in  certain       ...... 

real  or  personal  property,  of,  in  which  soldiers  and  sailors  may 
be  interested,  notices  issued  on  petitions  authorizing  fore- 
closure of,  recording  of  .  .  .  .     120  1, 2 

solicitation    of,    etc.,    laws    relative    to,    investigation    relative 
to       .......  ■        Resolve 

appropriation  ........ 

Mosquito  control  project,  Berkshire  county         .... 

•appropriation     ......... 

Palmer's  Pond  in  iSwampscott  ...... 

Mosquito  nuisance,  Charles  river  valley  and  .Jennings  Pond  area, 
in,  investigation  relative  to  .  .  Resolve 

appropriation    ......... 

Mothers  with  dependent  children,  aid  to,  from  date  of  applica- 
tion therefor,  providing  for  ...... 

medical  services,  etc.,  rendered  on  account  of,  payment  for,  in 
certain  cases,  relative  to        .....  . 

permanent  removal  from  commonwealth  by  recipients  thereof, 
temporary  continuance  of  such  aid  in  cases  of 
Motor  carriers  (see  Motor  vehicles,  passengers,  transporting,  for 

hire:  Property,  transporting). 
MOTOR   VEHICLES:  ' 

buses,  school,  construction  and  equipment  of,  relative  to   . 
commercial,  fees,  certain,  department  of  public  utilities,  of,  re- 
lating to     .  .  .  .  .  .  . 

common  carriers  of  passengers  for  hire  by  (see,  infra,  passengers, 

transporting,  for  hire), 
conservation,  departm.ent  of,  lands,  roadways  and  parkways  un- 
der control  of,  use  and  operation  of,  upon 
contrnct  carriers  of  property  by,  charges  of,  relative  to 
gasoline  and  certain  other  fuel  used  in  propelling,  excise  tax  on 
sales  of,  additional,  time  during  which  effective  further 
extended     ......... 

collection  of       ........  . 

liability  for  bodily  injuries,  etc.,  caused  by,  security  for,  certifi- 
cate issued  in  connection  with,  term  defined   .  .  .     384 
licenses  to  operate,  certain,  issued  by  registrar  of  motor  vehicles, 

validity  of,  relative  to  ......     308 

persons  in  military  or  naval  service,  of,  continuance  in  force 

of,  beyond  expiration  date  thereof,  providing  for     .  .     405 

renewal  of,  certain  veterans  exempted  from  payment  of  fee 
for  competency  examination  for     ..... 

non-residents,  owned  by,  security  for  damage  caused  by    . 
operation  of,  minors,  by.  in  connection  with  agriculture,  rela- 
tive to         ........  - 

passengers,  transporting,   for  hire,  annual  returns  by  common 
carriers  engaged  in        .  .  .  .  ■ 

duration  of  inactive  licenses  of,  limit  established  for,  in  ab- 
sence of  certificates  of  public  convenience  and  necessity  . 
property,  transporting,  certain,  exempted  from  regulation  as  in- 
terstate carriers  ........ 

charges  of  contract  carriers  for    ...... 

corrections  in  bjws  relative  to       .....  . 

registrar  and  registry  of  (see  Public  works,  department  of), 
registration  of,  certificates  of,  suspension  of,  in  case  of  nonpay- 
ment of  interest,  charges  and  fees  accrued  on  excise  on    . 
tractors  and  semi-trailer  units,  certain,  fees  for  registration  of    . 


68 
736  1 
456 
736/ 
640 

0260, 

Page  959 

1,2 

.3915, 

Page  957 

1-5 

35 

736  1 

2015-22, 
Page  959 

412 

532 

1 

458 

1-3 

241 

1 

644 

1,2 

125 
343 

571 
556 

258 
590 

1,2 
1,2 

337 

585 

318 

1,2 

379 
343 
400 

1-8 

443 
595 

2,3 

1248  Index. 


filO 
()35 

1-5 
3 

729 

417 
658 

1-11 

15(1 

4S2 

1-4 

377 

4 

Item  OT 
Chap.  Section. 

MOTOR  VEHICLES  —  Conchided. 

windshield  stickers,  so  ealled,  evidencing  pror)er  e(iuipmcnt  of, 

rules  regulatinp;  issue  and  display  of        ....     241  1 

Mount  Wachusett,  ski  aiea  on  north  or  nortfieast  side  of,  construc- 
tion of,  investigation  relative  to     .  .  Resolve       29 
Multiple  line  underwriting,  so  called,  domestic  and  foreign  stock 

and  niutuiil  insurance  companies,  certain,  bv,  authorized     3S4  1-3 

MUNICIPAL   FINANCE: 

accounts,  cities  and  towns,  of,  annual  auditing  of      .  .  .29  1,2 

appropriations,  indemnity  for  municipal  officers  and  employees 
,  for  damages  sustained  on  account  of  operation  of  mu- 

nicipally owned  vessels,  for  .  .  .  .  .  .391  1-3 

borrowing  of  monejs  tax  titles,  based  upon        ....     324  1,2 

federal  wildlife  refuges,  revenue  from,  law  authorizing  payment 

of,  to  mxmicipaMties,  repealed         .  .  .  .12 

MUNICIPAL   OFFICERS   AND   EMPLOYEES: 

in  general,  indemnification  of,  for  damages  sustained  on  account 

of  operation  of  municipally  owned  vessels        .  .  391  1-3 

military  or  naval  forces,  in,  contingencies  arising  in  connection 
■with  service  of,  further  providing  for      .... 

vacation  pay,  advances  of,  to       . 
employees,  accumulated  sick  leave  allowances,  paj'ment  of,  to, 
in  lieu  of  workmen's  compensation,  providing  for    . 
military  or  naval  forces,  in,  granting  of  vacations  to,  upon  re- 
turn to  employment,  relative  to     . 
retirement  system,  single  contributory  for,  establishment  of  . 
sick  leave  for  laborers,  workmen  and  mechanics  in  certain  cities 
and  towns,  relative  to  ...... 

officers,  assembly,  places  of,  laws  relative  to,  powers  and  duties 
of  certain,  under  ....... 

Mutual  Savings  Central  Fund,  Inc,  investments  by  savings 
banks  in  certain  state,  municipal  or  corporate  interest 
bearing  obligations,  powers  and  duties  as  to    . 


N. 

Nahant,  town  of  (see  Cities  and  towns). 

Name,  change  of,  by  decree  of  court,  voting  rights  of  male  persons 

in  case  of    .  .  .  .  .  .  .  .  .     .310 

NANTUCKET    COUNTY: 

sheriff,  fees  received  by,  disposition  of,  further  regulated    .  63 

National  Board  of  Exarriiners  for  Osteopathic  Physicians  and 
Surgeons  of  the  American  Osteopathic  Association, 
certificate  of,  in  connection  with  registration  of  qualified 
]5liysicians  ........     396  3 

NATIONAL       EMERGENCY,       EXISTING,       LEGISLATION 
PERTAINING   TO: 
Bedford,  town  of,  lands,  certain,  in,  jurisdiction  over,  ceding  to 
United   States   for   purposes  of   veterans   administration 

facility 350  1-3 

civil    service,    war   emergency   provisions   relating   to,    effective 

period  of,  extended       .  .  .  .  .  .  .103 

military  or  naval  service,  persons  in,  legislation  pertaining  to 

(see  Military  and  naval  service  of  the  United  States). 
Sec  also  Soldiers,  sailors  and  marines:    Veterans. 

NATIONAL    INDUSTRIAL    RECOVERY   ACT: 

cities,  towns  and  districts,  securing  by,  of  benefits  of,  certain  en- 
abling acts  relative  to,  repealed      .....        74  7 

National  Transit  Lines,  Incorporated,  revived  372 

Naval  e3tablishm.ents,  certain  lands  for,  acquisition  of,  by  United 

States  for  use  as  .......     642  1-3 

Naval  service  of  the  United  States  (see  Military  and  naval  service 
of  the  United  States;  Soldiers,  sailors  and  marines; 
Veterans). 

Needy  persons  (see  Aid;  Old  age  assistance,  so  called;  Poor  and 
indigent  persons). 

Negligence,  parent  or  custodian  of  infant,  of,  not  to  be  imputed  to 

said  infant  ........      352  1-4 

Nelson,  Winifred  R.,  acts  as  a  notary  public  validated  .        Resolye         5 


Index. 


1249 


Neponset  river,  condit 
tive  to 


OILS  of  flow  of  WHter  in, 


investigation  rela- 
Resolve 


appropriation     ......... 

New  Bedford,  city  of  (see  Cities  and  towns). 

state  pier,  improvements  in,   department  of  public  works  au- 
thorized to  make  ....... 

New  England  Telephone  and  Telegraph  Company,  grant  by 
department  of  mental  liealtli  of  certain  rights  in  town  of 
Fo.xborough  to,  authorized    ...... 

lines,  poles,  etc.,  of.   New  Bedford,  city  of,  in,  locations,  etc., 
validated    .  .  .  .  .  . 

Springfield,  city  of,  in,  locations,  etc.,  validated 
New  Mattakessett  Creeks,  Proprietors  of,  fishing  rights,  certain, 
in   Mattakessett  creelc  and  Cra.xtuxett  cove  in  town   of 
Edgartown  heretofore  granted  to,  extension  of 
Newton,  city  of  (see  Cities  and  towns). 

New  trials,  civil  actions,  in,  granting  of,  when  damages  awarded  are 
inadequate,  act  regulating     ...... 

Nomination  of  candidates  (see  Eleetion.s). 
Non-possessory  liens,  creation  of,  relative  to        . 
Non-residents,   motor  vehicles  operated   by,   security   for  damage 
caused  bv   .....■■•  ■ 

NORFOLK    COUNTY: 

agricultural  school,  adequate  accommodations  for,  providing  for, 

by 

appropriations  for  maintenance  of,  etc.     .  .  . 

hospital  in  Braintree,  additional  facilities  for,  providing  for,  by  . 

land  court  for,  assistant  recorder  of,  photostatic  copies  of  certain 

recorded  instruments,  etc.,  furnishing  of,  by,  to  board  of 

assessors  in  cities  and  towns  of  said  county     . 

probate  court  and  registry  of  deeds  for,  at  Dedham,  adeiiuate 

accommodations  for,  providing  for,  by  . 
register  of  deeds  for,  photostatic  copies  of  certain  recorded  in- 
struments, etc.,  furnishing  of,  by,  to  board  of  assessors  in 
cities  and  towns  of  said  county      .  .  .  .  . 

retirement  system,  Truax,  Edwin  E.,  retirement  under 

tax  levy        .......... 

tuberculosis  hospital,  expenditures  for  maintenance  of,  by 
North  Adams,  city  of  (see  Cities  and  towns). 
Northampton,  city  of  (see  Cities  and  towns). 
North  Andover,  town  of  (sec  Cities  and  towns). 
North  Congregational  Church  of  Amherst,  The,  transfer  to,  of 
funds  in  custody  of  Trustees  of  the  Ministerial  Fund  of 
the  Amherst  North  Parish    ...... 

North  Congregational  Church  of  Lynn,  Mass.,  The,  united  with 

First  Church  of  Christ  in  Lynn  (Congregational)     . 
North  Linden  Realty  Company,  revived    .  .  .  .  . 

North  Marion  Cemetery  Association,  property  and  trust  funds 
fif,  triinsfer  of,  to  town  of  Marion  .  .  .  . 

North  metropolitan  sewerage  system  (see  Metropolitan  districts, 

sewer  districts). 
North  Reading,  state  sanatorium,  children  suffering  from  rheumatic 
heart  disease,  admission  of,  to,  providing  for  . 
town  of  (see  Cities  and  towns). 
North  river,  pollution  in,  elimination  of,  additional  sewerage  works 
for  South  Essex  sewerage  district  for      .  .  .  - 

borrowing  of  money  by  city  of  Salem  for       .  .  .  . 

North  Station  Industrial  Building,  Inc.,  acquisition  of  capital 

stock  of  Boston  and  Maine  Railroad,  by,  etc. 
Norton,  town  of  (see  Cities  and  towns). 
Norwood,  town  of  (see  Cities  and  towns). 
Notes,  cities,  towns  and  districts,  of  (see  Municipal  finance), 
commonwealth,  of  (see  State  finance), 
counties,  of  (see  County  finance). 


Chap. 

59 
73f) 


G78 


452 


71 

2S4 


:n7 


590 


181 
012 


1S9 


45.3 


4.3  1 

68 


427 


Item  or 
Section. 


8807-23, 
Page  960 


1,  2 


1 
1.2 


1,  2 
1-3 

1,  2 


85 
5.50 
121 

1-4 

1 

1,  2 

5()9 

1.  2 

SC) 

1-4 

569 
420 
550 
576 

1,2 

1,  2 

1 

1,  2 
1-6 

1-6 


o. 

Oak  BluSs,  town  of  (see  Cities  and  towns). 

Oaths  of  office,  military  or  naval  service,  persons  in,  taking  of,  by, 

upon  election  of  said  persons  to  public  office  .  .  .      182 

Oberhauser,  Fred  A.,  acts  as  a  notary  public  validated  .        Resolve        17 
Obscene  books,  etc.,  importing,  printing,  etc.,  of,  penalized  .  .     278 


1,2 


1250  Index. 


Item  or 
Chap.  Section. 


45S 
12.S 

2,3 
1,2 

18i» 
80 

1-6 
1-4 

79 
2()9 

1 

76 

736  1 

233 
153 

0265. 
Page  960 

Obsolete  and  useless  papers  (see  Records,  courts,  of). 
Officers,  county  (see  Counties;  also  specific  titles  of  officers). 

municipal   (see  Municipal  officers  and  employees;    also  specific 

titles  of  officers), 
police  (see  Police  officers), 
probation  (see  Probation  officers). 

state  (see  Commonwealth,  officers  and  employees  of;  also  specific 
titles  of  officers'). 
OLD   AGE   ASSISTANCE,   SO    CALLED: 

granting  of,  further  regulated  ......     683  1-4 

medical  care,  furnishing  of,  to  recipients  of        .  .  .     441 

medical,  hospital  and  other  services  rendered  to  recipients  of, 

payment  of  expenses  for,  in  certain  cases         .  .  .     532  2 

old  age  assistance  fund,  so  called,  expenditures  from,  not  to  be 

made  without  appropriation  .....     684 

removal,  permanent,  from  commonwealth  of  recipients  of,  tempo- 
rary continuance  of  such  aid  in  certain  cases  . 
Old  Ladies'  Home  Association,  of  Haverhill,  powers  of,  relative  to 
Old  Landing  Cemetery  Association,  property  and  trust  funds  of, 
transfer  of,  to  town  of  Marion        ..... 

Old  South  Church  in  Boston,  corporate  powers  of,  relative  to 
Onset  Woman's  Club,  refund  of  certain  sum  of  money  to,  by  town 
of  Wareham  ........ 

Open  air  fires,  issuance  of  permits  for,  relative  to  .  .  . 

Orange,  town  of  (see  Cities  and  towns). 
Orleans,  town  of  (see  Cities  and  towns). 

Outdoor  advertising,  investigation  and  study  of  laws  pertaining 
to       .......  .        Resolve 

appropriation  ..... 

regulation  of  .....  . 

Overnight  camps  or  cabins,  licensing  of,  relative  to 


P. 

Palmer,  town  of  (see  Cities  and  towns). 

Paquette,  Laurier,  payment  of  money  to,  by  town  of  Norton,  au- 
thorized        549  1 , 2 

Pardons,  felonies,  of,  terms  and  conditions  upon  which  they  may  be 

granted,  prescribed       .  .  .  .180 

lists,   annual,   concerning,   transmitted   by   governor  to  general 

court,  printing  of  .......       38  8 

PARENT   AND    CHILD: 

dependent  children,  aid  to,  from  date  of  application  therefor, 

providing  for        ........     412 

Parole,  defective  delinquents  and  drug  addicts,  of,  further  regulated     150 
state  schools  for  feeble  minded,  inmates  of,  of,  relative  to  .       25 

PAROLE    BOARD: 

parolees,  male,  supervision  of,  by,  and  creation  of  position  of  super- 
visor of  parole  for  men  under  .....      449  1,  2 

Peabody,  city  of  (see  Cities  and  towns). 

Pedlers  (see  Hawkers  and  pedlers). 

Pembroke,  town  of  (see  Cities  and  towns). 

PENAL   AND    REFORMATORY   INSTITUTIONS: 

In  general,  prisoners  in,  good  conduct  of,  deductions  from  sen- 
tences by  reason  of,  relative  to      ....  . 

insane,    removal    and    hospitalization    of,    law    relative    to, 
clarified       ......... 

commonwealth,    of,    Massachusetts    reformatory,    treasurer, 
office  of,  at,  established  ...... 

reformatory  for  ■women,  review  of  certain  sentences  to,  by  ap- 
pellate division  of  superior  court,  relative  to  . 
treasurer,  office  of,  at,  established     ..... 

state  farm,  treasurer,  office  of,  at,  established 
state  prison,  treasurer,  office  of,  at,  established      . 
state  prison  colony,  treasurer,  office  of,  at,  established    . 
counties,  of,  jails  and  houses  of  correction,  sheriffs  acting  as 
masters  or  keepers  of,  maintenance  allowance  for,  further 
regulated    .........       63 

Pensions  (see  Retirement  systems  and  pensions). 
Permits  (see  Licenses  and  permits). 


49 

1.  2 

50 

537 

1-3 

255 
537 
537 
537 
537 

1-4 
1.4,5 
1.5 
1,2 
1-5 

Index.  1251 


Item  or 
_  ,  ^  -r         r    ^  r    ,       .  Chftp.  Sectiou. 

Personal  property,  guts  of,  from  federal  government,  acceptance 

by  commonwealth  and  subdivisions,  authorized  .     661  2 

mortgaged  or  pledged,  assessment  of,  relative  to        .  .  .148 

Personnel  and  standardization,  division  of  (see  Administration 

and  finance,  commission  on). 
Personnel  appeal  board,  established  ......     485 

Personnel  board,  county  (see  County  personnel  board). 
Pharmacists,  examination  and  registration  as,  fee  for  applicants  for, 

and  renewal  of  registration,  relative  to  .  .  .  .     502  1—4 

Philbrook,  George  A.,  pension  from  town  of  Middleborough,  au- 
thorized     .........     299  1, 2 

Physicians,  qualified,  registration  of,  further  regulated  .  .  .     396  1-3 

PLANNING   BOARD,   STATE: 

East  Boston,  land  in,  ai'quisition  of,  by  metropolitan  district 
commission,  for  park,  beach  and  other  recreational  pur- 
poses, investigation  relative  to,  by         .  .        Resolve       47 
Pledges  (see  Liens). 
Plumbers,  state  examiners  of  (see  Civil  service  and  registration, 

department  of). 
PLYMOUTH   COUNTY: 

appropriations  for  maintenance  of,  etc.    .....     550  1 

tax  levy 550  1 

tuberculosis  hospital,  maintenance,  etc.,  of,  expenditures  for       .     570 
Plymouth,  town  of  (see  Cities  and  towns). 

Podiatrists,  possession  of  hypodermic  instnmients  by,  further  regu- 
lated   509 

POLICE   OFFICERS: 

Auburn,  chief  of  police,  office  of,  removerl  from  civil  service  .S  1,2 

Boston,  payment  of  annuities  to  widows  of,  increased         .  672  1-3 

combustible  materials  in  buildings,  orders  relative  to  removal  of, 

service  of  notices  of,  by  .  .  .  .  .  .     463 

injured,  etc.,  in  line  of  duty,  expenses  sustained  by,  reimburse- 
ment for,  except  in  Boston,  relative  to  .  .  .  .     670 

killed,  etc.,  in  performance  of  duty,  payments  of  anntiities  to  de- 
pendents of,  further  regulated         .....     696 

metropolitan  district  commission,  of  (see  Metropolitan  district 

commission), 
persons  held  in  custody  by,  use  of  certain  telephones  permitted 

such  persons  when  offense  charged  is  not  a  felony    .  205 

state,  certain,  retirement  of,  relative  to    .  .  .  .  720  1, 2 

time  off,  for,  without  loss  of  compensation,  relative  to    .  .     691 

See  also  Public  safety,  department  of. 
Police,  state,  division  of  (see  Public  safety,  department  of). 
Policies  of  insurance  (see  Insurance). 
Polish  language,  teaching  of,  in  certain  public  schools,  requirements 

as  to  .........     402 

Political  committees  (see  Elections). 

Poor  and  indigent  persons,  funerals  of,  additional  amount  payable 

by  cities  and  towns  for,  etc.,  relative  to  ...     668  I,  2 

hospital  and  medical  expenses  in  connection  with  the  support 

of,  relative  to       .......  .     583 

Port  Authority,  Boston,  abolished,  and  Port  of  Boston  Authority 

established .619  1-11 

certain  matters  relating  to  Port  of  Boston,  investigation  relative 

to,  by  .  .  .  .  .  Resolve        61 

Port  of  Boston  Authority,  channel  from  Quincy  bay  to  Wollaston 
and  Squantum  Yacht  Clubs,  etc.,  dredging  of,  by,  au- 
thorized .  TIS 
channel  in  Weymouth  Fore  river,  dredging  of.  b,v,  authorized  71S 
established,  and  powers  and  duties  defined        ....     610  1-11 
matters,  certain,  relating  to,  investigation  relative  to  .        Resolve       61 
Post-war,  highway  commission,  so  called,  establishment  of      iiesolve       84 

appropriation  .     ' 736  {         g^l-OS. 

problems,  etc.,  further  survey  and  study  relative  to    ,        Resolve       80 

appropriation  .  .     736' {        pJ2^4|^ 

Poultry,  l.Trcen.v  of,  penalty  for,  increased  .713  1,2 

slaughtering  hotKses.  establishment  and  operation  of  .  679 

PRACTICE    IN   CIVIL   ACTIONS: 

actions  and   proceedings,    certain,  .pending  in   different  courts, 

trial  and  disposition  of,  relative  to  .  .  .     373  1, 2 

bail,  .support  of  persons  committed  to  jail  after  admission   to, 

laws  relative  to,  amended     ......     101  2 


1252 


Index. 


Chap. 
PRACTICE  IN  CIVIL  ACTIONS  ^  Concluded. 

consolidadon  and  trial  together  of  two  or  more  actions  or  pro- 
ceedings pending  in  different  courts,  relative  to       .  .     373 

corporations,  domestic,  certain,  service  of  process  upon,  rela- 
tive to         ........  . 

declaratory  judgments,  relative  to  . 

exceptions,  bills  of,  filing  and  allowance  of,  laws  relative  to,  lib- 
eralized      ......... 

jurors,  emergency,  provided  for        ...... 

jury,  full,  waiver  of,  providing  for  ...... 

motor  vehicles,  non-residents,  of,  security  for  damage  caused 
by,  relative  to     .......  . 

probate  proceedings,  exceptions,  bills  of,  in,  providing  for 

process,  mesne,  arrest  on,  word  "pauper"  eliminated  from  laws 
relative  to,  etc.    ........ 

service  of,  domestic  corporations,  certain,  upon,  relative  to     . 
supplementary,   arrest   on,   word   "pauper"   eliminated   from 
laws  relative  to    . 

trials,  new,  granting  of,  when  damages  awarded  are  inadequate  . 

verdicts,   less  than   whole  number  of  jurors,   by,  investigation 
relative  to  ......        Resolve 

setting  aside  of,  when  damages  awarded  are  inadequate  . 

See  also  Actions,  civil;    Attachment;    District  courts;    Equitjs 

Evidence;  Juries  and  jurors;  Land  court;  Probate  courts; 

Service  of  process;   Supreme  judicial  and  superior  courts; 

Trustee  process. 

Prescription,  land  controlled  by  department  of  conservation,  rights 

in,  not  to  be  acquiretl  by       .  .  .  .  .27 

Primaries  (see  Elections). 
Prisoners,  communicable  diseases,  certain,  afflicted   with,    medical 

treatment  of,  relative  to        .....  .     555 

discharged,  loans  to,  repayments  of,  expenditure  of  proceeds  of  .     512 

former,  unclaimed  property  of,  disposition  of,  relative  to  .  290 

hospitals,  mental  health,  department  of,  under,  committed  or 

removed  to,  disposition  of    .  .  .  .  .  .50 

penal  and  refoi'matory  institutions,  in,  deductions  from  sen- 
tences by  reason  of  good  conduct  of        .  .  .  .49 

telephones,  certain,   use  of,   bv,  when  offense  charged  is  not  a 

felony 205 

Prison  industries,   so  called,   administration  of,  survey  relative 

to       .......  .        Resolve       22 

Prisons  (see  Penal  and  reformatory  institutions). 

Probate  and  insolvency  judges,  Essex  county,  for,  permanent  third 

assistant  register,  appointment  by  ...  .     475 

special,  marriage,  notice  of  intention  of,  waiver  of  five  day  re- 
quirement of,  by,  when  not  holding  court       .  .214 

state  schools  for  feeble  minded  persons,  commitments  to,  upon 

order  of      .  .  .  .  .  .  .  .  .24 

Suffolk  county,  in,  salaries  of  court  officers  in  attendance  upon, 

fixed  by 388 

PROBATE    COURTS: 

bank  deposits,  unclaimed,  proceedings  by  attorney  general  as  to,  in     365 

births,  recording  of,  after  determination  of  relevant  facts  by, 

relative  to  ........     542 

business,  decea.sed  persons,  of,  continuing  of,  by  executors  and 

administrators,  upon  authorization  by  ...     349 

<ionservators,   persons  physically  incapable   of   caring   for   own 

property,  for,  etc.,  appointment  of,  bj^  .  .  .  .     728 

Dedham,  at,  accommodations,  etc.,  for,  relative  to    .  .86 

guardians  and  conservators,  waivers  of  wills  by,  approval  by     .     338 

judges  (see  Probate  and  insolvency  judges). 

real  estate  held  by  ward  under  tenancy  by  the  entirety,  sale  or 
mortgage  of,  by  guardians  or  conservators,  authority  of 
court  relative  to,  made  certain       .....     418 

records  of,  disposal  of,  when  obsolete  and  useless  .     323 

Suffolk  county,  in,  officers  in  attendance  upon,  salaries  of,  rela- 
tive to         ........  .     388 

w  ills,  waiver  of,  when  surviving  spouse  is  under  disability,  powers 

as  to  .........     338 

Probation   officers,    district   courts,   of,   persons  substituting   for, 

periods  of  absence  without  loss  of  pay  for        .  .  .     362 

salaries  of,  temporarily  increased     ....  .     498 

Process  (see  Criminal  procedure  and  practice;    Practice  in  civil  ac- 
tions; Service  of  process). 


Item  or 

Section. 


1.2 


306 
582 

1.2 
1-5 

328 

428 
428 

1-3 
1-3 

590 
469 

1.2 
1.2 

101 
306 

1 
1.2 

101 

578 

1 
1-3 

14 

578 

1-3 

1.2 

1.2 
1 

1-3 

1.  2 

1-4 

1-4 
1-3 

1.2 
1.2 

1-3 

1-3 


Index.  1253 

Item  or 
Chap.  Section . 

Prorogation  of  general  court,  stiiteinent  ;is  to     ...  Page  1011 

Proulx,  Joseph  and  Rose,  conveyance  by  department  of  public 

works  ol  certain  property  to  ....  .     5G2 

Public  assistance,  records  relating  to,  made  confidential  and  misuse^ 

penalized     .........     240  1-3 

Public  charities,  division  of,  establishment  of,  investigation  rela- 
tive to         ......  .        Resolve       19 

Public  employees,  accumulated  sick  leave  allowances,  payment  of, 

in  lieu  of  workmen's  compensation  ....     729 

killed  or  dying  from  injuries  received  in  performance  of  duty, 

payment  of  annuities  to  dependents  of,  further  regulated     G96 
retirement  system,  single  contributory,  for,  established      .  .     658  1-11 

vacation  pay,  advances  of,  to  .  .  .  .  .     635  1-3 

See  also  Commonwealth,  officers  and  employees  of;    Counties, 
officers  and  employees  of;   Labor,  public  employees;    Mu- 
nicipal ofncer.s  and  employees. 
Public  halls  (see  Assemblv,  places  of). 
PUBLIC    HEALTH,    DEPARTMENT    OF: 

in  general,  Boston,  certain  areas  in,  exclusion  from  south  met- 
ropolitan   sewerage    system,    investigation    relative    to, 
by      .......  .        Resolve       51 

Dennis  South  Water  District,  water  supply  for,  approval  by  .     314  2 

employees,  technical,  of,  killed,  etc.,  in  performance  of  duty, 

payment  of  annuities  to  dependents  of,  further  regulated     696 
inland  and  tidal  waters,  pollution  of,  regulation  of,  powers  as 

to,  e.xtended  ........     615 

mosquito  nuisance,  Charles  river  valley  and  Jennings  pond 

area,  in,  investigation  relative  to,  by  .        Resolve       35 

appropriation 736  {        Sge'efg 

Neponset  river,  conditions  of  How  of  water  in,  investigation 

of,  by       .           .           .           .           .                      .        Resolve  59 

appropriation 736  (         g07-23. 

North  Reading  state  sanatorium,  children  suffering  from  rheu- 
matic heart  disease,  admission  of,  to,  powers  and  duties  as  to     453 

Salisbury  Water  Supply  Company,  construction  of  main  sewer, 

by,  approval  of  plans,  etc.,  by        ....  .     459 

school  children,  physical  condition  of,  material  for  determin- 
ing and  recording  of,  furnishing  by  ...  .     543  2 

South  Essex  sewerage  district,  additional  sewerage  works  to 

be  constructed  for,  approval  by     .  .  .  .  .431  1, 2, 4 

teeth,  decay  of,  resulting  from  lack  of  fluorine,  investigation 

relative  to,  bv  .....        Resolve       38 

•   .•        '  -o/.  f         2002-21, 

appropriation /36  |        page  960 

commissioner,  veterans'  services  advisory  council,  to  be  mem- 
ber of 730  1 

Public  office,  persons  elected  to,  while  in  military  or  naval  service, 

taking  of  oaths  of  office  by,  relative  to  .  .  .  .      182 

PUBLIC    SAFETY,   DEPARTMENT    OF: 

in  general,  buildings,  certain,  egress  from,  etc.,  laws  relating  to, 

further  clarified 474  1.  2 

inspection  and  regulation  of,  general  penalty  provided  for 

violations  of  laws  relative  to  .  .  .       ■    .  .     473 

female  cleaner  and  male  laborer,  positions  of,  in,  placed  under 

civil  service  laws  .......     410 

members  of,  killed,  etc.,  in  performance  of  police  duty,  pay- 
ment of  annuities  to  dependents  of,  further  regulated      .     696 
officers  or  inspectors  of,  killed  or  injured  in  performance  of 

police  duty,  payment  of  compensation  on  account  of        .     621  1-7 

boards,  etc.,  in,  elevator  regulations,  board  of,  establishment 
of,  etc.         ......... 

fire  prevention  regulations,  board  of,  establishment  of,  etc.     . 
standards,  board  of,  establishment  of,  etc.     .... 

standards  and  appeals,  board  of,  abolished    .... 

commissioner,  assembly,  places  of,  powers  and  duties  relative 

to,  clarified .     482  1-4 

elevators  and  escalators,  persons  engaged  in  construction  and 

maintenance  of,  licensing  of,  by     .  .  .  .  .     626  1, 2 

emergency  war  powers  of  governor  during  present  food  short- 
age, delegation  to,  authorized         .....      155  2 
retirement  of  certain  officers  and  inspectors  in  department, 

powers  and  duties  as  to  .  .  .  .     322 


643 

1-3 

710 

1-19 

645 

1,  2,  5 

645 

6 

1254 


Index. 


PUBLIC  SAFETY,  DEPARTMENT  OF  —  Concluded. 
divisions  of: 

fire  prevention,  certain  terms  as  used  in  laws  relating  to,  de- 
fijied  ......... 

combustible  materials  in   buildings,   service  of  notices  of 

orders  of,  relative  to  removal  of  such  material  . 
state  fire  marshal,  appeals  to,  by  persons  aggrieved  by  ac- 
tion of  head  of  fire  department,  etc.,  relative  to    . 
board  of  fire  prevention  regulations,  to  be  meniber  of 
buildings,  safety  of  persons  in,  laws  relative  to,  certain 
changes  in,  as  affecting  powers  and  duties  of 
inspection,  inspectors  of,  certificates  of,  building  used  as  the- 
atre,   special    hall,    public    hall,    miscellaneous    hall    or 
schoolhouse,  as  to,  rendered  void  under  certain  circum- 
stances   ......... 

places  of  assembly,  laws  relative  to,  duties  under  clarified  . 
term  clarified       ........ 

state  police,  retirement  of  certain  officers  and  inspectors  in 

time  off  for  certain  members  of,  without  loss  of  compensa- 
tion, relative  to  . 
Public  schools  (see  Schools,  public). 

Public  service,  persons,  certain,  serving  temporarily  in,  certain  bene- 
fits for,  in  case  of  injury,  providing  for  .... 

Public  service  corporations,  securities  of,  investments  by  savings 
banks  and   savings  departments  of  trust  companies  in, 
relative  to  ........ 

See  also  Gas  and  electric  companies;  Public  utilities,  department 
of;  Railroads;  Street  railways;  Telephone  companies. 
PUBLIC   UTILITIES,   DEPARTMENT   OF: 

Boston  Elevated  Railway  Company,  inclosed  stations  and  shel- 
ters to  be  established  for  passengers  of,  plans  for,  ap- 
proval by   .  .  .  .  .  . 

carriers,  common,  affiliated  companies  of,  supervision  of,  by 

forms  of  returns  made  by,  time  for  alteration  of,  by,  shortened 
Dennis  South  Water  District  in  the  town  of  Deimis,  water  sup- 
ply for,  laying  of  pipes,  etc.,  on  railroad  locations  for,  ap- 
proval by,  when  .  . 
motor  vehicles,  commercial,  certain  fees  of,  relating  to 

passengers  carrying,   for  hire,   inactive  licenses  of,   limit   for 
duration  of,  established,  in  certain  cases 
railroad  grade  crossings,  signboards  at.  powers  as  to 
ships  and  ves.sels,  certain,  subjected  to  regulation  by 
Public  utility  companies,  voluntary  associations  and  trusts,  con- 
trolled by,  law  relative  to,  made  uniform 
Public  ways  (see  Ways,  public). 

Public  welfare  and  soldiers'  benefits,  borrowing  of  money  for,  by 
cities  and  towns  ....... 

PUBLIC  WELFARE,  DEPARTMENT  OF: 

in  general,  assistance,  public,  records  relating  to,  rules  govern- 
ing custody  and  use  of,  establishment  of,  by  . 
children  given  up  to,  adoption  of,  etc.  .... 

mothers  with  dependent  children,  aid  to,  permanent  removal 
from  commonwealth  of  recipients  thereof,  temporary  con- 
tinuance of  such  aid  under  reciprocal  agreement  with  cer- 
tain other  states,  powers  as  to        . 
old  age  assistance,  so  called,  changes  in  administration  of  laws 
relative  to,  as  affecting  powers  and  duties  of  . 
permanent    removal    from     commonwealth     of    recipients 
thereof,  temporary  continuance  of  such  aid  under  recip- 
rocal agreements  with  certain  other  states,  powers  as  to  . 
old  age  assistance  fund,  so  called,  expenditures  from,  by 
commissioner,  veterans'  services  advisory,  council,  to  be  mem- 
ber of  ........  . 

divisions  of : 

child  guardianship,  quarters  for,  act  providing  .        .   . 

juvenile  training,  director  of,  relative  to        ...  . 

PUBLIC  WELFARE,  LOCAL  BOARDS  OF: 

infants,  abandoned,  responsibility  as  to,  of        ...  . 

records,  public  assistance,  relating  to,  dependents  of  persons  in 
military  or  naval  service  concerning,  disclosure  by,  pro- 
hibited       ......... 

made  confidentiul  and  misuse  penalized     .  .  .  . 


Chap. 


Item  or 
Section. 


470 
463 


460 
710 


700 


478 

482 

472 

/322 

1720 

694 


455 


377 


395 
577 
199 


:U4 
044 

318 
301 
175 

649 


240 
300 


468 
683 


458 
684 


'30 


676 
336 


320 


340 
240 


1 

1-4 

1-4 
1,2 


1.  2 
1.2 


1-5 
1-4 


1.  3 
1-4 

•J,  3 

1 

1,  2 

1-3 


Index.  1255 


Item  or 
Chap.  Section 

PUBLIC    WORKS,    DEPARTMENT    OF: 

In  general,  Barnstable,  town  ol,  riuod  and  liuniiane  dauntgf  in, 

repair  ol,  by         .  tistj 

town  or  County  of,  shore  protective  work  necessitated  by 

tlood  and  hurricane  in,  contribution  to  cost  of,  by  .  73-4  ;i,  4 

Belle  Isle  creek,  dredging  of,  by  .  .  .  .  .     71ti 

Boston,  city  of,  land,  certain,  in,  transfer  of,  to  metropolitan 

district  commission,  by  .....  .     5tjS 

sea  wall  in  East  Boston  district  of,  construction  of,  by  6Sti 

Brookline,  town  of,  land,  certain,  in,  transfer  of,  to  metropoli- 
tan district  commission,  by  .  .  .  .  .  .     .'ij;*^ 

("ambridge,  city  of,  railroad  grade  crossing,  certain,  in,  aboli- 
tion of,  investigation  relative  to,  by        .  Resolve       48 

Duxbury,  town  of,  protection  of  shores  in,  by         .  .  .     G8tj 

employees,  technical,  of,  killed,  etc.,  in  performance  of  duty, 

payment  of  annuities  to  dependents  of,  further  regulated  .     09(5 

P'all  River,  city  of,  land,  certain,  in,  conveyance  of,  by    .  .     5(12 

port  of,  pier  and  storage  terminal  facilities  at,  construction 

and  leasing  of,  by  .  .  .  .  .  .     065  1-7 

Falmouth,  town  of,  flood  and  hurricane  damage  in,  repair  of, 

by      ... 086 

Framingham,    town   of,    railroad   grade   crossing,    certain,   in, 

abolition  of,  investigation  relative  to,  by  .        Resolve       4S 

General   Edward   Lawrence   Logan  Airport  at   East  Boston, 

continued  development  of,  by,  providing  for  .  .  .     38;j  1^7 

Gloucester  fish  pier,  so  called,  certain  additions  to,  by,  provid- 
ing for 053  1 ,  2 

Hadley,  town  of,  underpass,  certain,  in,  elimination  of,  by      .     588 

harbor  and  waterway  improvements,  certain,  duties  as  to      .     086 

hazardous    locations,    state    highways,    on,    illumination    of, 

powers  and  duties  as  to  .  .  .  .  .     539 

highway   bridges^   public,   certain,   care,   control  and   mainte- 
nance of,  by         .  .  .  .  .  690  1-5 

labor  service  of,  districts  in  connection  with,  established  by, 
changing  of,  relative  to  .....  . 

Lynn  harbor,  anchorage  basin  in,  dredging  of,  by 

New   Bedford,   harbor,    land,   certain,   in,    conveyance   of,    to 
E.  Anthony  &  Sons,  Inc.,  by  ....  . 

port  facilities  of,  improvements  in,  by        . 

Richmond,  town  of,  right  of  way  to  Richmond  pond  in,  plans 
of  location  for,  approval  by  ..... 

Scituate,  town  of,  sea  walls  in,  extension  and  repair  of,  by 

Swampscott,    town   of.   Palmer's  Pond   in,   mosquito   control 
project  at,  powers  and  duties  as  to  . 

Uniteil  Spanish  \\'ar  Veterans  HigJ^way,  markers  along,  erec- 
tion by        ........  . 

Winthrop,  town  of,  breakwater  in,  extension  of,  by 

Yarmouth,  town  of,  sea  wall  in,  construction  of,  by 
commissioner,  veterans'  services  advisorj'  council,  to  be  mem- 
ber of  . 730  1 

registrar  of  motor  vehicles,  investigators  and  examiners  ap- 
pointed by,  killed,  etc.,  in  performance  of  police  duty, 
payment  of  annuities  to  dependents  of,  further  regulated  .     696 

motor  veliicles,  licenses  to  operate,  certain,  issued  by,  validity 

of,  relative  to  .  .  .  .  .  .  .  .     308 

duplicates  of,  issuance  to  certain  persons  in  military  or 
naval  service,  by       ......  .     405 

school  buses,  rules  relative  to  construction  and  equipment  of, 

making  of,  by      .  .  .     241  1-3 

storeroom  helpers  in,  positions  of,  placed  under  civil  service  .     574 

vacancy  in  office  of,  performance  of  powers  and  duties  of,  by 

deputy  registrar,  in  event  of,  etc.  ....     308 

windshield  stickers,  so  called,  evidencing  proper  equipment, 

rules  relative  to,  making  of,  by      .  .  .  .     241  1-3 

Puffs,  comforters,  etc.,  consisting  in  whole  or  in  part  of  reprocessed 
material,  marking  of,  certain  provisions  of  law  concerning, 
effective  period  of,  extended  .....     148 

Purchasing  agent  (see  Administration  and  finance,  commission  on). 


3S9 
086 

597 
673 

1.  2 
1.2 

422 
686 

1 

640 

1-3 

490 
686 
086 

1 

1256 


Index. 


Q. 


Chap. 
Quaboag  river  valley,    water  supply,   needs  of   luuuicipalities  in, 

Investigation  (;t    .  .  .  .  .  .        Resolve       83 

appropriation  ........     736 

Quilts,  comforters,  etc. ,  consisting  in  whole  or  in  part  of  reprocessed 
material,  marking  of,  certain  provisions  of  law  conoern- 
ing,  effective  period  of,  extended    .....      148 

Quincy  Bay,  channel  in,  dredging  of     .  .  .  .     718 

Quincy,  city  of  (.see  Cities  and  towns). 


'{ 


Item  or 
Section. 


0267, 
Page  963 


R. 

Ratt'erty,  Evelyn  B.,  acts  as  notary  public  validated  Resolve 

Railroads,  bonds  of,  investment  in,  by  savings  banks  and  savings 
departnients  of  trust  companies,  relative  to     . 
grade  crossings  of,  signboards  at,  relative  to      . 
Rapid  transit  facilities.  East  Boston,  in,  extension  of,  providing  for 
Rapid  transit  system,  Boston  metropohtan  area,  in,  investigation 
relative  to,  continued,  anil  membership  of  special  commis- 
sion increased       ......        Resolve 

appropriation  ........ 

Rats  (see  Rodents). 

Rauch  &  Lang,  Inc.,  revived      ...... 

Reading,  tov?n  of  (see  Cities  and  towns). 

Real  property,  attachments  of,  dissolution  of,  relative  to 

eminent  domain,  taking  by  right  of,  urban  redevelopment  •or- 
poration  by  ......  . 

leases  and  rental  agreements  pertaining  t(j,  certain  provisions  of 
made  void  ....... 

mortgages  of  (see  Mortgages). 

tenancy  by  entirety,  held  by  certain  wards  under,  sale  or  mort- 
gage of,  by  guardian  or  conservator,  etc. 
See  also  Land. 
Receivers,  appointment  of,  actions  by  tax  collectors,  in,  investiga- 
tion relative  to    .  .  .  .  .  .        Resolve 

Reciprocal  agreements,  otlier  states  with,  granting  of  aid  to  de- 
pendent cluldren  and  old  age  assistance,  for,  department 
of  public  welfare  authorized  to  enter  into 
Records,  births,  of  (see  Births).  « 

courts,  of,  disposal  of  obsolete  and  useless  papers,  relative  to 
deaths,  of  (see  Deaths). 

employment,  certain,  powers  of  department  of  labor  and  indus- 
tries with  respect  to     . 
veterans,  discharge  or  release  of,  pertaining  to,  duties  of  local 
officials  in  connection  with    ...... 

pertaining  to,  furnishing  without  charge  in  certain  cakses  . 
Recounts  of  ballots  (see  Elections). 
Recreational  camps,  licensing  of,  relative  to         ...  . 

Referendum  (sec  Initiative  and  referendum). 
Reformatory,  women,  for,  office  of  treasurer  at,  established  . 
REGISTERS    AND    REGISTRIES    OF    DEEDS: 

in  genera!,  real  estate  attachments,  certain,  dissolution  of,  powers 

and  duties  as  to 
Dctlham,  at,  adequate  accommodations  for       .... 

Registrar  of  motor  vehicles  (see  Public  works,  department  of). 
REGISTRARS    OF    VOTERS: 

recounts  of  ballots  at  primaries  and  elections,  powers  and  duties 
as  to  ......... 

registration  of  voters  by,  continuous,  in  cities  and  certain  towns, 
providing  for       ........ 

physically  disabled  persons,  in  cases  of  ...  . 

verification  of  voting  lists,  state  wide,  powers  and  duties  as  to 
voters,  lists  of,  furnishing  of,  to  state  secretary  by  cities  and 
towns,  time  for    ........ 

Registration,  civil  service  and,  department  of  (see  Civil  service  and 
registration,  department  of), 
division  of  (sec  Civil  service  and  registration,  department  of;. 
See  also  Licenses  and  permits;    also  specific  titles. 


50 

377 
3Ui 
(592 


85 
730 

210 
339 
054 
445 

418 

12 

458 
323 

430 

374 
218 

153 

537 


339 
80 


315 


I.  2 
1-12 


0268, 
Page  963 


1.2 
1,2 
1.  2 

1.  2 


1-3 
1.  2 

1,  2 

1.4,  5 


1.  2 
1-4- 


240 

715 

1-y 

127 

1-4 

Index.  1257 

Item  or 
Chap.  Section. 

Rental  agreements,  ipal  i)inper(y,  pertaining  to,  pertain  provisions 

of,  miule  void       ........      445  1,  2 

Reports,  annual  (seo  .-Vnnu.il  reports). 

Representatives,  house  of  (see  General  court). 

Retirement,  state  board  of  (see  Retirement  systems  and  pensions, 

com mon wealth,  of). 
RETIREMENT    SYSTEMS    AND    PENSIONS: 

pensions,  Boston,  city  of,  certain  members  of  police  department 
of,  retired  for  accidental  disability  .... 

non-contributory,  time  for  acceptance  of  certain  provisions  of 

law  relating  to,  by  cities,  towns  and  districts,  limited 
Savings    Bank    Employees    Retirement    Association,    partici- 
pating banks  of,  by,  etc.        ...... 

retirement  systems,  contributory: 

Boston,  city  of,  of,  employees  at  Granite  avenue  bridge,  allow- 
ances for,  under  ....... 

public  school  teachers  and  supervisors,  pensions  to,  under  . 

cities  and   towns,  of,  mortality  tables  and  rates  of  interest, 

existing,  for,  continued  ...... 

school  janitors,  retirement  allowances,  under 
veterans  in  service  of,  allowances  for,  under 
commonwealth,  of,  board  of  retirement,  duties  relative  to  cer- 
tain appropriations,  changes  in,  necessitated  by  restora- 
tion of  annual  sessions  of  general  court 
capitol  police,  classification  of,  under  .... 

employment  security,   di\'ision  of,  employees  in,  inducted 
into  United  States  employment  service,  interest  on  ac- 
counts of,  in,  relative  to        .....  . 

mortality  tables  and  rates  of  interest,  existing  for,  continued 

stiite  police,  division  of,  retirement  of  certain  officers  and 

inspectors  in,  under      ....... 

veterans,  retii-ement  allowances  under        .... 

counties,  of,  mortality  tables  and  rates  of  interest,  existing  for, 
continued   ......... 

v-eterans,  retirement  allowances  under        .... 

districts,  of,  mortality  tables  and  rates  of  interest,  existing  for, 
continued    ......... 

veterans,  retirement  allowances  under         .... 

Fox  borough,   town   of,   of,   Truax,   Edwin   E.,   retirement  of, 
under  ......... 

Norwood,  town  of,  of,   former  employees  of,   temporarj^  in- 
crease of  allowances  for,  under      .  ... 

public  .service,  persons  in,  for,  established      .... 

persons  serving  as  military  substitutes  in,  to  be  entitled  to 
benefits  of,  in  case  of  injury  ..... 

veterans  in,  allowance  for  maintenance  of,  computation  of, 
under       ......... 

creditable  .service,  computation  of,  under 
teachers  f)f,  act  establishing  single  retirement  .system  for  pub- 
lic employees,  as  affecting     ...... 

annuity  fund,  contributions  of  commonwealth  to  said  fund, 
relative  to  ........ 

members  of,  rights  and  privileges  of,  under,  after  termina- 
tion of  military  or  naval  service     ..... 

mortality  tables  and  rates  of  interest,  existing  for,  continued 
retirement  allowances  under  increased        .... 

\\  orcpster,  city  of,  of,  employees,  certain,  permitted  to  with- 
draw froni  ........      429 

retirement  systems,  non-contributory: 

conimonwe.alth  and  politic^al  subdivisions  thereof,  of,  investi- 
gation relative  to  .....        Resolve       89 

appropriation 736  |         Page^S 

Revenue   loans,  municipal  (see  Municipal  finance,  borromng  of 
money) - 

Revere  Beach,  additional  recreational  facilities  at,  providing  for  656 

sanding  of,  investigation  relative  to  .  .  .        Resolve       28 

Revere,  city  of  (see  Cities  and  towns). 

Revolving  doors,  so  called,  use  of,  as  means  of  ingress  to  and  egress 

from  certain  buildings,  permitted  for  extended  period     .     722  1 

Rheaume,  Daniel  J.,  payment  of  money  to,  by  town  of  Norton, 

authorized 549  1,  2 

Richmond  pond,  town  of  Richmond,  in,  public  access  to,  establish- 
ment of  right  of  way  for,  by  county  of  Berkshire     ,  .     422  1-6 


446 

1.2 

483 

1-11 

104 

1.  2 

353 

685 

1-7 
1-4 

406 

708 
078 

2 

1,2 

38 
630 

5 

664 
406 
322 
720 

678 

1.2 
2 

1,2 

406 

678 

2 

406 
678 

2 

420 

1,2 

48 
658 

1.2 
1-11 

455 

677 
671 

658 

1 

38 

6 

699 
406 
707 

1 

1258  Index. 


UetD  or 
Chap.  fspcfion. 


4US 

1-10 

n 

78 

■1  1 0 

I  fi 

4. SI 

1  5 

28.S 

1,  l' 

Richmond,  town  of  (see  Cities  and  townss). 

Rivers  (see  Waters  and  waterways). 

Riverside  Public  Golf  Links,  in  city  of  Newton  and  town  of  Weaton, 

designated  as  Leo  .lerome  Martin  Memorial  Golf  Course  .     .1.57  I.  2 

Roads  and  roadways  (see  Ways). 

Rockland,  town  of  (see  Cities  and  town.s). 

Rockport,  town  of  (see  Cities  and  towns). 

Rodents,  Dukes  Coiuity,  in,  destriu-tion  of,  relative  to   .  .       90  I,  2 

Roman  Catholic  Archbishop  of  Boston,  conveyanee  to,  by  Im- 
maculate Conception  Educational  Association  of  New- 
buryport,  validated       .......        7() 


s. 

Safety,  public,  department  of  (see  Public  safety,  department  of). 
Sailors  (see  Military  and  naval  service  of  the  United  States;  Soldieis, 

sailors  and  marines;  Veterans). 
Salaries,  county  officers  and  employees,  of,  except  in  Suffolk  county, 

temporarily  increased  ....... 

state  officers  and  employees,  of,  survey  relative  to     .      Resolves 

temporarily  increased  ....... 

Salem,  city  of  (see  Cities  and  towns). 

harbor,    construction    of   arlditional    sewerage   works    for   South 
Essex  sewerage  district  to  prevent  pollution  of 
Sale  of  securities  act,  so  called,  sales  of  shares  of  certain  co-opera- 
tive corporations  exempted  from    ..... 

Salisbury  Water  Supply  Company,   easement  in  certain  state- 
owned  land  for  construction,  etc.,  of  a  main  sewer,  grant- 
ing of,  to     .  .  .  .  .  .  .  459 

Sanatoria,  licenses  for,  issue  or  renewal  of,  certificate  of  approval  of 

egresses  and  fire  prevention  as  prerequisite  to  .  .     527 

fee  for,  increased         .  .  .  .  .521 

Savings  bank  life  insurance,  commissioner  of,  to  be  member  of 

veterans'  services  advisory  council  ....     730  1 

Savings  banks  (see  Banks  and  banking). 

Savings   Banks  Employees   Retirement  Association,   annuity 
contracts,  deferred,  purchased  by  participating  banks  of, 
assignment  of       ........      104  2 

pensions,  payment  of,  by  participating  banks  of         .  .  .      104  1 

savings   banks,    deposits   in,    by,    exempted    from    law    limitinu 

amounts  of  deposits      .......        97 

Savings  Banks  Investment  Fund,  incorporated  .     2S;^  1    12 

Savoy,  town  of  (see  Cities  and  towns). 

Saw  logs,  board  feet  content  of,  determination  of  .  H.'^i 

Schmalfuss,  Frances,  acts  as  a  notary  public  validated  .        Resolve       IS 

School  children  (see  Schools). 

School  committees  (see  Schools). 

SCHOOLS: 

in  general,  medicine,  of,  annual  returns  by  corporations  con- 
ducting, required  .  .  .  .  .  .  . 

school  buses,  construction  and  equipnient  of  .  .  . 

school   houses,   buildings   used   as,   certificate  of  inspector  of 
division  of  inspection  of  department  of  public  safety  as 
to,  rendered  void  under  certain  circumstances 
public,  attendance  at,  of  children  under  sixteen,  laws  relative 
to,  certain  minor  perfecting  changes  in  . 
expenses  of,   certain,   payments   by   commonwealth   in   reim- 
bursement for,  statements  accompanying,  relative  to 
janitors  of,  retirement  of  (see  Retirement  systems  and  pen- 
sions). 
Polish  language,  teaching  of,  in,  in  certain  cases,  required 
principals  and  supervisors,  certain  rights  given  to,  in  cases  of 
demotion,  etc       ....... 

pupils  in,  physical  condition  of,  furnishing  of  material  for  de 
termining  and  recording         ...... 

salaries  in,  certain,  reimbursement  for,  further  regulated 

See  also,  infra,  teachers  in. 
school   committees,   demotion  of  principals  and   supervisors, 

powers  and  duties  as  to  . 

state  aid  and  reimbursement  for,  statements  accompanying, 
relative  to  ........ 


225 

241 

1 

478 

133 

1-9 

579 

1,2 

402 

.■^30 

543 
563 

1.  2 

330 

579 

1,2 

24 

147 
202 
147 
202 
147 

660 

1,  2 

85 

1-4 

Index.  1259 

Item  or 
Chap.  Section. 

SCHOOLS  —  Conclnderl. 
public  —  Concluded. 

superintendents  in  superiii tendency  unions,  tenure  benefits  of     223  1,  2 

tearhers  in,  equal  pay  for  men  and  women  teachers  in  day 

schools 727  1,  2 

retirement  of  (see  Retirement  systems  and  pensions), 
teaching  positions  in,  reinstatement  of  war  veterans  in  .  .     217 

special  provisions  relative  to  particular  schools: 

Belchertown    state   school,    orders   of   commitment   of   feeble 

minded  person  to,  relative  to  .....       24 

Bristol  county  agricultural  school,  claims  for  work  done  and 

materials  furnished  for,  payment  of        .  .  .  .72 

Fernald,   Walter  E.,   state  school,   orders  of  commitment  of 
feeble  minded  person  to         .....  . 

industrial  school  for  boys,  commitments  to   . 

discharge  of  certain  inmates  of  ..... 

industrial  school  ff>r  girls,  commitments  to    . 

discharge  of  certain  inmates  of  ..... 

Lyman  school  for  boys,  commitments  to        ...  . 

discharge  of  certain  inmates  of  ....  . 

Massachusetts  school  of  art,  educational  program  at,  for  vet- 
erans of  World  War  II  .  .  .  .       ■    . 

Norfolk  county  agricultural  school,  accommodations,  etc.,  for, 
providing  of,  by  county  commissioners  .... 

Wrentham    state    school,    orders    of    commitment    of    feeble 

minded  person  to  .......       24 

Scituate,  town  of  (see  Cities  and  towns). 
SECRETARY,    STATE: 

in  general,  portrait  of  P>ederic  W.  Cook,  painting  and  hanging 

of,  in  state  house  .....        Resolve       75 

I         0424-"''^ 
appropriation /36  |         p^ge  9Tt) 

filing,  etc.,  of  instruments  with: 

conventions  of  ward  and  town  committees  endorsing  candi- 
dates for  election  to  state  committees,  written  acceptances 
in  connection  with        .......        20 

powers  and  duties,  absent  voting  by  physically  disabled  per- 
sons, as  to  .  .  .  .  .  .  .  .     466  1 

commission    to    prepare    history    of    Massachusetts'    part    in 

World  War  II,  to  be  member  of    . 
voting  lists,  state  wide,  verification  of,  as  to 
Seekonk,  town  of  (see  Cities  and  towns). 

Water  District,  established     ....... 

SELECTMEN : 

assemblj',  places  of,  enforcement  of  laws  relative  to,  by 
borrowing  of  money  by  towns  based  upon  tax  titles,  approval 

by      .... 

common  landing  places,  powers  and  duties  as  to        . 
election  officers,  certain,  appointment  of,  by     . 
indemnification  of  town  officers  and  employees  for  damages  sus- 
tained on  account  of  operation  of  vessels  owned  by  towns, 
powers  as  to         . 

state  tax,  apportionment  and  assessment  of,  duties  as  to    . 

veterans,  funeral  and  memorial  services  of,  attendance  at,  by 

municipal  employees  who  are  veterans  without  loss  of  pay 

when  authorized  by      . 

zoning  law,  board  of  appeals  under,  action  as,  period  of,  limited  . 

Self -insurance,  division  of,  in  department  of  industrial  accidents, 

established  ........       60 

See  also  Workmen's  compensation. 
Senate  (see  General  court). 

Sentences,  criminal  cases,  in,  investigation  relative  to  Resolve       32 

review  of  certain,  by  appellate  division  in  superior  court,  tem- 
porarily pro^dded  for    .......     437 

See  also  Criminal  procedure  and  practice;    Penal  and  reforma- 
torj-  institutions. 
Sergeant-at-arms  (see  General  court). 

Servicemen's  Readjustment  Act  of  1944,  federal  law  known  as, 
loans  and  advances  of  credit  to  veterans  of  World  War  11 
guaranteed  by  administrator  of  veterans'  affairs  under, 
relative  to  .  .  .  ...  .  .46  14 

veterans  who  are  minors  enabled  to  participate  in  benefits  pro- 
vided by 408 


714 

127 

1-5 
2 

381 

1-14 

4S2 

L 

324 
442 
363 

1 

391 

;7i2 

\32o 

1 
1-4 

348 
167 

1260  Index. 

Item  or 
Chap.  Section. 

Service  of  process,  (If)iiieslir  corijiDratiotis,  certain,  upon,  relative  to     306  1,  2 

Sewer  and  sewerage  districts  (wee  Districtf;). 
SEWERS   AND    DRAINS: 

Ivep,   town  of,  oonstriK'tion,  maintenance  and  operation  in,  of 

system  of  njain  drains  and  common  sewers     .  .  .     303  1-14 

Melrose,  city  of,  assessments  by,  for  certain  main  and  parti(-ular 

sewers         .........     471  1-7 

A\'eyniouth,  town  of,  construction  and  operation  of  system  of 

sewers  by    .  .  .  .  .  .  .  .  .94  1-13 

Sex.  crimes,  so  called,  admission  to  bail  of  persons  charged  with, 

relative  to  ........     235 

wage  differentials  based  on,  prohibited     .....     584  1-3 

Sharon,  town  of  (see  Cities  and  towns'). 

Shaughnessy,  Edward  J.,  payment  by  conmionwealtli  of  an  an- 
nuity to      ......  .        Resolve       54 

Sheep,  larceny  of,  penalty  for,  increased         .....     713  1,2 

Shellfish  (see  Fish  and  fisheries). 

Sheriffs,   deputy,   acting  as  court  officers,   salaries  of,   temporarily 

increased     .........     498  2 

jails  or  houses  of  correction,  acting  as  masters  or  keepers  of, 

maintenance  allowance  for,  further  regulated  .  .  .63 

See  also  Dukes  county;  Nantucket  county. 
Sherrard,  G.  J.,  Company,  structure  bridging  Chapman  Place  in  city 

of  lioston,  construction  and  maintenance  by,  authorized     221  1-4 

Ships  and  vessels,  breaking  and  entering,  with  intent  to  commit 

misdemeanor,  penalty  for      ......     229 

Sick  leave,  allowances,  accumulated,  payment  to  public  employees 

in  lieu  of  workmen's  compensation  ....     729 

Signs,  railroad  crossings,  at,  relative  to  .....     301 

Silver  Shell-Fish  Co.,  revived  for  special  purpose  .  270 

Silvia,  Manuel  F.,  pajanent  to,  by  commonwealth  of  sum  in  full 

compensation  for  land  taken  by  eminent  domain     Resolve       24 
Simplex  Wire  and  Cable   Company,  The,   bridge  over  Pacific 
street  in   city   of  Cambridge,   construction  and  mainte- 
nance by,  authorized    .......       70  1-4 

bridges  over  Pacific  and  Sidney  streets  in  city  of  Cambridge, 

construction  and  maintenance  by,  authorized  .       69  1-4 

Six  o'clock  law,  so  called,  relating  to  employment  of  women  in  tex- 
tile industry,  suspension  of,  until  April  1,  1940        .  .        14 
Slaughter  houses,  poultry,  establishment  and  operation  of               .     679 
Snow  removal,  adjoining  towns,  in,  agreements  for,  towns  aiitlior- 

ized  to  enter  into  .  .  .  .  .  .  .319 

small  towns,  certain,  in,  payment  of  portion  of  certain  expen.se 

of.  by  commonwealth  .......     560 

Social  Security  Act,  Federal,  beneficiaries,  certain,  rights  of,  under, 
to  serve  a  waiting  period  and  be  paid  benefits  muler  the 
employment  security  law,  relative  to      ....     •'{5() 

Soft  shelled  clams  (see  Fish  and  fisheries). 

Soil  conservation  districts,  establishment  of,  authorized,  and  stale 

.soil  conservation  committee  established  .  531 

Sokoloski,  Lucy  Y.,  acts  as  notary  public  validated  Resolve       46 

Soldiers'  Home  in  Massachusetts,  Chelsea,  city  of,  transfei  by, 

of  cerf;)in  park  land  to  trustees  of  ....      131.'  1,2 

Soldiers'  relief  (see  Public  welfare  and  soldiers'  benefits). 
SOLDIERS,   SAILORS   AND   MARINES: 

aid,  state  and  military,  etc.,  for  ceitain  dependents  of,  further 

provision  for        .  .  .  .  .  .  .  .     36(> 

discharge  or  release  papers  of  certain,  recording  of,  with  local 

officials  in  charge  of  veterans'  matters    ....     37  1  I,  2 

records,  etc.,  concerning,  or  their  dependents,  who  apply  for 
financial  aid,  etc.,  disclosure  of,  by  city  and  town  ile- 
partments,  etc.,  prohibited  and  penalized         .  .  .     340 

registration,  supplementary,  of  certain,  before  primaries    .  .     378 

teachers,  retirement  rights  and  privileges  of,  after  service  ;is  099 

See  also  Civil  war  veterans;    Military  and  naval  service  of  the 
United  States;    Militia;    State  aid,  military  aid  and  sol- 
diers' relief;  Veterans. 
Somerville,  city  of  (see  Cities  and  towns). 

Southern  Berkshire  Marble  Co.,  revived  for  special  purpose        .     249 
South  Essex  Sewerage  District,  apportionment  of  costs  in,  valua- 
tions for  purpose  of,  determination  of,  change  of  date  of  .      169 
construction  of  additional  sewerage  works  for,  to  prevent  pollu- 
tion of  North  river  and  Beverly  and  Salem  harbors  .  .     431  1-6 
South  Hadley,  town  of  (see  Cities  and  towns) . 


Index. 


1261 


262 


481 
124 


366 
633 


Chap. 
South   metropolitan   sewerage    district    (see   Metropolitan   dis- 

trirts,  sewer  districts). 
South  Sagamore  Water  District,  established       .... 
Speech,  free  fsi-e  Free  <xjeiM-h). 
Springfield,  city  of  (see  Cities  and  towns). 

Sprinklers,  automatic,  basements  of  mercantile  establishments,  in, 
under  certain  circumstances,  required     .... 
Stabilization  funds,  cities  and  towns,  appropriation  of  money  for,  by 
Standards,  board  of  (see  Public  safety,  department  of). 
STATE   AID,    MILITARY   AID   AND    SOLDIERS'    RELIEF: 
dependents,  certain,  of  persons  in  military  or  naval  service  of 

United  States,  for,  further  provision  for 
veterans  and  their  dependents,  to,  relative  to  .  .  . 

State  boards   (see  Commonwealth,  departments,  boards,  commis- 
sions, etc.,  of;  also  specific  titles  of  state  boards). 
State  budget  (see  Appropriations). 
State  commissioners  (see  Commissioners,  state). 
State  commissions  (see  Commissions,  state). 
State  con).mittees  (see  Elections,  political  committees). 
State    departments   and    divisions   thereof    (see   Departments, 

state;  Di\isions,  state  departments,  of). 
State  elections  (see  Elections). 

State  employees  (see  Commonwealth,  officers  and  employees  of). 
State  farm.,  office  of  treasurer  at,  established  .... 

STATE   FINANCE: 

248 
260 
404 
490 
682 
689 
732 
736 
Resolves  9,  16, 
44 
,  notes,  etc.,  issuance  of.  General  Edward  Lawrence  Logan 
Airport,  improvement,  development,  etc.,  of,  for 
metropolitan  sewerage  district,  south,  admission  of  town  of 
Hingham  to,  for  benefit  of  part  of  town,  expenses  of,  for  . 
metropolitan  sewerage  districts,  north  and  south,  sewage  dis- 
posal needs  of,  for         ..... 
metropolitan  water  district,  towns  in,  and  certain  other  towns, 
furnishing  of  water  to,  for     .... 

Port  of  Boston  Authority,  for       .... 


537 


ippropriations  for  maintenance  of  state  depart- 
ments, boards,  commissions,  institutions, 
etc 


inds 


Port  of  Fall  River,  construction  of  pier,  etc.,  in,  for 

tax  title  loans  to  cities  and  towns,  for 

budget  (see,  supra,  appropriations,  etc.). 

Highway  Fund,  portion  of,  payment  by  commonwealth  to  its 
municipalities  to  be  expended  by  them  for  local  highway 
purposes     ......... 

State  forests  (see  Forests  and  Forestry). 

State  highways  (see  Ways). 

State  hospitals  for  insane,  etc.,  assistant  treasurers  at,  appoint- 
ment of,  provided  for  ....... 

State  house,  quarters  outside  of,  for  use  by  state  agencies,  leasing  of 

State  labor  relations  law,  exemptions  from  the  application  of,  rela- 
tive to         ........  . 

State  librarian  (see  Librarian,  state). 

Statements,  signed,  certain,  admissibility  of,  in  evidence 

State  officers  and  employees   (see  Commonwealth,  officers  and 
employees  of). 

State  pier,  Gloucester,  in  (see  Gloucester  fish  pier). 
New  Bedford,  in  (see  New  Bedford  state  pier). 

State  planning  board  (see  Planning  board,  state). 

State  police,  division  of  (see  Public  safety,  department  of). 

State  prison,  treasurer,  office  of,  at,  established     .... 

State  prison  colony,  treasurer,  office  of,  at,  established  . 

State   reclamation   board,    Berksliire  County   Mosquito   Control 
Project,  powers  and  duties  as  t<;    . 

appropriation  ........ 


383 
733 
591 
733 
705 
733 
587 
733 
619 
;'33 
665 
733 
324 
733 


'19 


638 
706 


354 


424 


537 
537 


456 
736 


Item  or 
Section. 


1-14 


1-5 


1-5 

5 

1-3 
1-10 
1-6 
1-6 
1-7 
1-4 
1-7 


4 

2 

5 

4 

8-10 

7 

3 

3 

10 

5 

6 

6 

1.2 

1 


1,  2 


1.  2 


1.2 
1-S 


3915, 
Page  957 


1262 


Index. 


Chap. 

State  reclamation  board  —  ('om-tudi'tl. 

mosquito  niiisaiue  in  Charles  River  X'ailey  ami  .leunings  Poiul 

aiea,  iiivestigali(jn  relative  to,  |j.\-  .        Resolve       35 

appropriation  ......     736 

State  secretary  (see  Seiretar.\'.  state). 

State  superintendent  of  buildings  (see  SuperiiiieiKieut  ol  l>iuKl 

iugs,  state; . 
State  tax,  apportitjued  and  assessed  .711,' 

basis  of  apportionment,  establislied  .....     559 

State  teachers  colleges,  edueational   program   at,   for  veterans  of 

World  War  II (i,-,0 

State  treasurer  (see  Treasurer,  state). 

Stewart,  Albert  L.,  reimbursement  of,  by  Essex  eounty  for  certain 
expenses  incurred  by  reason  of  injuries  sustained  at  county 
industrial  farm    ........     332 

Stillborn  children,  term,  defined  for  purposes  of  vital  statistics  113 

Story,  George  F.  E.,  application  for  retirement  of,  acceptance  of, 

by  retirement  board  of  Worcester  county         .  .  .     634 

Streets  (see  Ways). 
Striped  bass  (see  Fish  and  fisheries). 

Succession  taxes  (see  Taxation,  legacies  and  successions,  of). 
SUFFOLK    COUNTY: 

officials   and   employees,    certain,    of,    emergency   compensation 
allotment  plan,  participation  in  benefits  of,  by,  extended 
South  Boston  municipal  court,  chief  probation  officer  o*",  reim- 
bursement of,  by,  for  money  stolen  from  his  office  . 
superior  and  probate  courts  in,  officers  in  attendance  upon,  sala- 
ries of,  relative  to  ......  . 

superior  court  in,  assistant  messenger  of,  appointment  and  salary 

of       .  .  .  

Suits,  civil  (see  Actions,  civil). 

Sullivan,  John  L.,  payment  to,  by  commonwealth  of  amount  due 

for  work  performed  and  materials  furnished    .        Resolve       49 
Sumner  Tunnel,  Boston,  city  of,  borrowing  of  money  by,  to  reduce 
debt  service  of  bonds  issued  for  purposes  of    . 
extension  of  rapid  transit  facilities  in  connection  with 
Sunday,  public  entertainment,  certain,  on,  licensing  of   . 
Superintendent  of  buildings,   state,   quarters  outside  of  state 

house  for  use  of  state  agencies,  leasing  of,  approval  by     .     706 
Superior  court  (see  Supreme  judicial  and  superior  courts). 
Supervisor  of  parole  for  men,  position  of,  under  parole  board, 

created        .........     449 

Supplementary  process,  arrest  on,  law  relative  to,  words  "poor 

person"  substituted  for  word  "pauper"  in      .  .      lUl 

SUPREME   JUDICIAL   AND    SUPERIOR    COURTS: 
provisions  common  to  both: 

appeals,  certain,  to,  in  workmen's  compensation  cases,  award 

of  expenses  of,  to  employees  and  dependents  .  .  .     444 

buildings,  dangerous,  certain,  restraint  of  construction,   use, 

etc.,  of,  by  ........     697 

equity,  proceedings  in,  report  of  material  facts  in,  facilitated  .     394 
exceptions,  bills  of,  filing  and  allowance  of,  laws  relative  to, 

liberalized  .  .  .  .  .  .  .  .  .     328 

records  of,  obsolete  and  useless,  disposal  of   .  .  .  .     323 

supreme  judicial  court,  chief  justice  of,  appointment  by,  of 

a  member  of  veterans'  services  advisory  council       .  .     730 

clerk  for  commonwealth,  office  of,  clerk  hire  for,  increased     .     515 
justices  of,  salaries  of  court  officers  in  attendance  upon  su- 
perior and  probate  courts  in  Suffolk  county,   approval 

of,  by 388 

Massachusetts  Hospital  Life  Insurance  Company,  plan  of  re-  \  007  / 
organization,  approval  of,  etc.,  powers  as  to    .  .  .  /  \ 

recorder  of  land  court,  removal  by        ....  .     465 

records  of  courts,  obsolete  and  useless,  disposal  of,  powers  and 

duties  relative  to  ......  .     323 

review  by,  of  action  of  commissioner  of  insurance  in  not  ap- 
proving form  of  group  annuity  contracts         .  .  ,     313 
state  tax,  payment  of,  enforcement  by,  etc.             .          .  .712 

superior  court,  actions  and  proceedings,  certain,  pending  in, 

and  in  district  courts,  trial  together  of  .  .  .  .     373 

appellate  division  of,  review  by,  of  certain  sentences  in  crim- 
inal cases  by,  temporarily  provided  for  ...     437 
of  certain  sentences  to  reformatory  for  women  .  .  .     255 
attorneys'  liens,  powers  as  to        .           .          .          .           .          .     387 


Item  or 
Section. 


2015-22, 
Page  959 


1-4 
1.2 


1,2 

1.2 


105 

1.  2 

198 

1,2 

3S8 

13 

179 

1.2 

361 

1-10 

692 

1-12 

575 

4 

1.2 


1.  2 
1 


1-3 

2,  4,  5. 
6.7.9 


1.2 

1 

4 

1.2 


1-4 
1 


Index.  1263 


Item  or 
Chap.  Section. 

SUPREME    JUDICIAL    AND    SUPERIOR    COURTS  —  Concluded. 
superior  court  —  Concluded. 

district  court  judges  sitting  in,  trial  of  certain  criminal  cases 

by,  law  providing  for,  duration  extended  .  .  .152 

justices  of,  salaries  of  court  officers  in  attendance  upon,   in 

Suffolk  county,  to  be  fixed  by 388  1-3 

officers  in  attendance  upon,  salaries  of  ....     388  I   '6 

probation  ofiieers  of,  salaries  of,  temporarily  increased   .  498  2 

Suffolk  county,  for,  assistant  messenger  of,  appoiutrnent  and 

establishment  of  salary  of,  by  justices  of  .  .  17'.)  1, - 

Surtaxes,  temporary,  on  (certain  subjects  of  existing  tax.ation,  further 

extended     .........     of)?  1-4 

Swampscott,  town  of  (see  Cities  and  towns). 

Swift  river  valley,  water  supply  needs  of  municipalities  in,  investi- 
gation of     .           .           .           -           .           .           .        Resolve       83 
appropriation 73U  |         p^ggS 

Sylvania  Electric  Products,  Inc.,  bridge  over  Barton  square  in 

city  of  Salem,  maintenance  by,  authorized       .  .      122  1-3 


Tanks,  hot  water  (see  Hot  water  fronts). 
Taunton,  city  of  (see  Cities  and  towns). 
TAXATION : 

in  general,  abatement  of  uncollectible  taxes    ....     52;{  1-4 

appellate  tax  board  (see  Appellate  tax  board), 
provisions  of  law,  certain,  relating  to  taxes,  notification  of  as- 
sessors by  commissioner  of  corporations  and  taxation  and 

the  making  and  destruction  of  returns,  amended      .  .     024  1-7 

cigarette  tax,  additional,  for  purposes  of  act  providing  suitable 

recognition  of  resident  veterans  of  World  War  II,  imposed     731  9 

permanent,  provision  for     .  .  .  .  ...     547  1-3 

corporations,  of,  banks,  tax  returns  of,  time  for  filing  of,  ex- 
tended          161  2 

business  corporations,  additional  excise  tax  upon,  for  purposes 
of  act  providing  suitable  recognition  of  resident  veterans 

of  World  War  II  . 

notice  to  municipalities  of  determinations  of  amounts  of 
surtaxes,  temporary,  imposition,  etc.  .... 

corporate  franchises,  additional,  temporary,  imposition,  etc.    . 

notice  to  municipalities  of  determinations  of  amounts  of 
foreign,  dividend  credit  of,  repealed      .  .  •  . 

See  also,  supra,  business  corporations;  infra,  manufacturing 
corporations, 
insurance  companies,  life,  corrective  changes  in  law  relating  to 
other  than  life,  excise  tax  upon,  relative  to  .  .  . 

manufacturing  corporations,  domestic  and  foreign,  additional 
excise  tax  upon,  for  purposes  of  act  providing  suitable 
recognition  of  resident  veterans  of  World  War  II 
See  also,  supra,  corporations,  of,  business  corporations. 
county  tax,  basis  of  apportionment,  established 

granting  for  certain  counties         ...... 

estate  taxes,  transfers  of  certain  estates,  on,  refunds  of     . 
excise  tax,  aicohohc  beverages,  sales  of,  and  of  alcohol,  addi- 
tional, upon,  fot  purposes  of  act  providing  suitable  recog- 
nition of  resident  veterans  of  World  War  II    .  .  .     731  11 
upon,  temporary,  additional,  time  during  which  to  be  im- 
posed, extended  ....••••     546 

cigarettes,  sales  of,  upon  (see,  supra,  cigarette  tax), 
gasoline  and  certain  other  fuel  used  in  propelling  motor  ve- 
hicles, sales  of,  upon  (see,  infra,  gasoline  tax). 
meals  served  to  public,  charges  for,  upon,  further  regulated      .     663  1-3 

notice  to  municipalities  of  determinations  of  amounts  of      .     687 
motor  vehicles,  registered,  on  (see,  infra,  motor  vehicles,  regis- 
tered, excise  on). 
gasoline  tax,  collection  of     .  .  .  ■  ■  •  •     ^^6 

time  during  which  effective  further  extended  ■  ,k 

incomes,  of,  distribution  of  proceeds  to  cities  and  towns  .  .  |  ^^^  ^ 


731 

10 

687 

557 

1.3,4 

557 

1.3.4 

687 

735 

3 

342 

721 

1-6 

731 

10 

559 

550 

1 

529 

1264 


Index. 


TAXATION  —  Concluded. 

incomes,  of  • —  Concluded. 

dividends,  certain,  exemption  as  to,  discontinued  . 
employment  security  law,  benefits  under,  exempted  fron 
returns,  filing  of,  by  persons  serving  in  n)ilitary  or  nuval  forces 

outside  coutinentiil  United  States,  relative  to  . 
surtax,  additional,  temporary,  further  extended 
legacies  and  successions,  of,  surtax,  additional,  temporary, 

further  exteiideil  .......      557 

local  taxes,  abatement  of,  made  to  certain  corporations  by  ap- 
pellate tax  board,  notice  of,  required  to  be  given  commis- 
sioner of  corporations  and  taxation  .... 

procedure  after,  regulated  and  power  to  abate,  etc.,  clarified 
records  of       ........  . 

relative  to       ........  . 

assessment  of,  exemptions,  municipal  purposes,  certain  prop- 
erty held  for    ........ 

veterans,  certain,  and  their  surviving  spouses 
payments  in  lieu  of,  on  certain  mimicipal  property 
personal  propertj'  subject  to  mortgage  or  pledge,  upon 
reassessment  of        .......  . 

collection  of,  person  other  than  owner  of  fee,  fioui,  certilicate 

evidencing  ........     130 

sale  or  taking  of  land,  by,  tax  titles,  assignment,  redemption 
or  foreclosure  of,  notice  to  collector  and  assessors  of,  by 
treasurer,  required  ...... 

borrowing  of  money  by  cities  and  towns  based  upon 
conclusiveness  of  decrees  foreclosing 
invalid,  deemed,  notice  in  proceedings  concerning    . 
land  acquired  by  municipality  by  foreclosure  of,  sale  of 
recording  of  deed  e\idencing       .... 

tax  titles  (see,  s'u]:ra,  collection  of.  sale  v.v  taking  of  land,  by) 
motor  vehicles,  registered,  excise  on,  registration,  certifi- 
cates of,  suspension  of,  in  case  of  nonpayment  of    .  .     443 
state  tax,  apportioned  and  assessed         .....     712 

basis  of  apportionment  established        .....     559 

issuance  of  warrants  for  payment  of  certain,    by   cities  and 

towns,  and  payment  thereof,  postp'aiing  of  .     325 

Taxation,  corporations  and,  department  of  (see  Corporations 

and  taxation,  department  of). 
Taxes,  collectors  of  (see  Collectors  of  taxes). 
Tax  titles  (see  Taxation,  local  taxes,  collection  of). 
Teachers,    certain,    ami   supervisors   employed    by    commonwealth, 

payment  of  aaiaries  of  ......      545 

See  also  ScIkjuIs,  piil)lic. 
Teachers'  retirement  board  (see  Education,  department  of;    Re- 
tirement sj'stenis  and  pensions). 
Teachers'  retiren:ent  system  (see  Retirement  systems  and  pen- 
sions) . 
Teeth,  decay  of,  resulting  from  lack  of  fluorine,  investigation  rela- 
tive to         ......  .        Resolve       38 

approptiation     .........     73() 

Tenants,  dwellings  of,  certain  proceedings  against,  preventioii  of 
encroachment  upon  authoritj-  and  jurisdiction  of  com- 
monwealth over,  investigation  relative  to         .        Resolve       2ij 

Tewksbury,  town  of  (see  Cities  and  towns). 

Textile  industry,  six  o'clock  law,  so  called,  relating  to  hours  of 

employment  of  women  in,  suspension  until  April  1,  1946        14 

Theatres  (see  Assembly,  places  of). 

Theft  (see  Larceny). 

Three  Rivers  Fire  District  of  the  Town  of  Palmer,  authorized  to 
establish  facilities  for  water  supply,  storage  and  distri- 
bution        .........     057 

Tisbury,  town  of  (see  Cities  and  towns). 

Town  clerks  (see  City  and  town  clerks). 

Town  committees  (see  Elections,  political  committees). 

TOWN   MEETINGS,  LIMITED,   ETC.: 

Fairhaven,  quorum  of  members  of  .....      16S 

Town  officers  (see  Municipal  officers  and  employees;  and  specific 
titles). 

Towns  (see  Cities  and  towns). 

Townsend,  town  of  (see  Cities  anti  towns) . 

Trailer  camps,  licensing  of  .......     153 


Chap. 

Item  or 
Section. 

.  735 
.  625 

1,2 
2,4 

s 

.  589 

.  557 

1,  2 
1,  3,  4 

2-4 


137 

351 

1.2 

620 

621 

1-7 

367 

2 

627 

1.2 

367 

1-3 

143 

333 

26S 

324 

1,2 

226 

1,2 

267 

1.2 

1-4 


2002-21, 
Page  960 


1.2 


Index. 


1265 


Transportation,  air,  regulatii 
appropriation 


i\  of,  iiivfstigatioii  relative  to 


Chap. 

Resolve       87 
.      73H 


facilities  within 
tinued 


)innioii\vealth,  inve:-!t,iga(ion   relative  to,  con- 
Resolves  41,  5S 


appropriaticm  ........ 

garbage,  etc.,  of,  outside  municipality  where  collected,  relative  to 
iSee  also  Motor  vehicles;  Railroad.s. 
TREASURER,    STATE: 

Herkshire  county  mosquito  control   project,  powers  and  duties 
as  to  ......... 

appropriation  ........ 


736 
42.3 


bonds  and  notes,  issuance  of  certain,  by 


'{ 


cities  and  towns,  distribution  to,  of  income  taxes,  etc.,  by  . 

deputy,  third,  provided  for     ....... 

fire   insurance    companies,    domestic    mutual,    establishment    of 
guaranty  capital  in,  deposit  in  connection  with,  by,  with  . 
gift  of  money  under  will  of  Zenas  H.  Ellis  for  erection  of  memo- 
rial to  Mary  Dyer,  acceptance  of,  by      . 
liens,  attorneys',  claims  against  commonwealth  for,  notice  of,  to 
north  and  south  metropolitan  sewerage  districts,   facilities  of, 

federal  funds  for,  acceptance  by     . 
state  tax,  apportionment  and  assessment  of,  duties  as  to  . 

warrants  for  the  payment  of,  by  cities  and  towns,  i-ssuance  in 
current  year  of,  by,  postponed       ..... 

tax  titles,  loans  to  cities  and  towns  on  account  of,  powers  and 

duties  as  to 
unclaimed  deposits  in  savings  banks  and  trust  companies,  pay- 
ment of,  to  ........ 

veterans  of  World  War  II,  resident,  act  providing  suitable  recog- 
nition of,  powers  and  duties  as  to 
Treasurers,  city  and  town  (see  City  and  town  treasurers). 
Trial  justices,  salaries  of,  temporarily  increased     .... 

Trials,  civil  (see  Practice  in  civil  actions). 

criminal  (see  Criminal  procedure  and  practice). 
Truax,  Edwin  E.,  retirement  of,  by  town  of  Foxborough 
Truro,  town  of  (see  Cities  and  towns). 
Trust  companies  (see  Banks  and  banking). 

Trustees  of  Public  Reservations,  conveyance  by,  of  certnin  land 
to  town  of  Concord       ...... 

Trustees  of  the  George  W.  Davenport  Home  for  Aged,  Needy 

and  Deserving  Women  and  Couples,  incorporated 
Trustees  of  the  Ministerial  Fund  of  the  Amherst  North  Parish, 
transfer  of  funds  in  custody  of,  to  The  North  Congrega- 
tional Church  of  Amherst     ...... 

Trust  estates,  solicitation  for  appointments  as  fiduciaries  in,  etc., 
investigation  relative  to         .  .  .  .        Resolve 

appropriation     ......... 

Trusts  and  voluntary  associations,  controlling  common  carriers 
and  other  public  utility  companies,  law  relative  to,  made 
uniform       ......... 

Trusts,  charitable,  investigation  relative  to    .  Resolve 

common   trust   funds,   investment   of,  in  obligations  of    Unitetl 

States  ......... 

Tuberculosis  hospitals,  Bristol  county,  trustees  of,  to  be  appointed 
by  governor  ........ 

counties,  certain,  in,  expenditures  for  care,  maintenance  and  re- 
pair of         .  .  .  .  .  . 

Hampshire  county  sanatorium,  care  and  maintenance  at  .of  resi- 
dents of  tuberculosis  hospital  districts  of  Berkshire  and 
Franklin  counties  ....... 

Tweedy,  Howard,  payment  of  certain  claim  of,  by  Bristol  county  . 


4.5(i 

736 

324 
383 
587 
591 
619 
665 
705 
,733 
/624 
1735 
489 


726 

691 
397 

705 
712 

325 

324 

365 

731 

49S 

420 

287 
203 


78 
736 

649 
19 

67 

398 

576 


505 

72 


Item  or 
Section. 

0269, 
Page  963 


0255, 
Page  960 


1 

3915, 

Page  957 

2 

4 

3 

6 

10 

6 

8-10 

1-7 

1 

4 


4 
1^ 


1,  2 


I.  6,  8,  12 
2 

1,  2 

1,  2 
1.  2 

1.  2 


0266, 
Page  960 


1-5 


1-5 


1-3 


1266  Index. 


U. 

Item  or 
Chap.  Section. 

Unclaimed  deposits,  savings  banks  and  trust  companies,  in,  pay- 
ment of,  to  state  treasurer   ......     .365 

Unemployment  (see  Employment  security  law). 
Unfair  Sales  Act,  so  called,  alcoholic  beverages  licenses  and  per- 
mits, suspension  or  revocation  of,  following  violation  of   .     215 
Uniforms,  military,  official,  unlawful  wearing  of,  penalized      .  .     525  1-3 

Union  Light  &  Power  Company,  grant  by  department  of  mental 
health  of  certain  rights  in  town  of  Foxborough    to,   au- 
thorized      .........     452 

United  Spanish  War  Veterans,  commander  of,  veterans'  services 

advisory  council,  appointment  of  one  member  of,  by  .     730  1 

headquarters  of,  maintenance  of,  in  state  house         .        Resolve       37 

appropriation 736  {         0441-^04. 

United  Spanish  War  Veterans  Highway,  certain  state  highway 

designated  as       .......  .     496  1,  2 

UNITED   STATES: 

Bedford,  town  of,  lands,  certain,  in,  jurisdiction  over,  ceding  to, 

for  purposes  of  veterans  administration  facility        .  .     350  1-3 

Boston,  citj'  of,  lands,  certain,  in,  jurisdiction  over,  ceding  to, 

for  purposes  of  naval  establishment         ....     642  1-3 

Hingham,  town  of,  lands,  certain,  in,  jurisdiction  over,  ceding  to, 

for  purposes  of  naval  establishment         ....     642  1-3 

Marshfield,  town  of.  lands,  certain,  in,  jurisdiction  over,  ceding 

to,  for  purposes  of  naval  establishment  .  .     642  1-3 

migratory  bird  reservations,  certain  areas  for,  law  giving  con- 
sent of  commonwealth  to  acquisition  of,  by,  etc.,  repealed        12 

mihtary  and  naval  service  of  (see  Military  and  naval  service  of 
the  United  States;  Soldiers,  sailors  and  marines;  Vet- 
erans) . 

military  reservations,  certain  lands  in  various  cities  and  towns  f  628  1-3 

for,  consent  of  commonwealth  to  acquisition  of,  by  .  \  639  1-3 

property,  surplus,  of,  acquisition  of,  by  commonwealth  and 
political  subdivisions  thereof,  certain  formalities  as  to, 
dispensed  with     .  .  .  .  .  .661  1—4 

Weymouth,  town  of,  lands,  certain,  in,  jurisdiction  over,  ceding 

to,  for  purposes  of  naval  establishment  .  .     642  1-.'? 

Universities  (see  Colleges  and  universities). 
University  extension  courses,  free  of  charge,  temporary  extending 

of.  to  certain  veterans  of  World  War  II  .  .  .     382 

Urban  redevelopment  corporations,  established,  and  powers  and 

duties  defined       ........     654  1 .  2 

Utilities,  public,  department  of  (see  Public  utilities,  department 
of). 


V. 

Vacations,  county  and  municipal  employees,  certain,  who  return  to 
public  employment  after  serving  in  armed  forces,  grant- 
ing to,  of    .  .  .  .  .  447 

sta.te  employees,   for,  payments  in  lieu  of,  in  certain  cases  of 

entry  into  armed  forces  .  .  .  .  .411 

state  officers  and  employees,  of,  pay  in  advance  of,  providing  for     635  1-3 

Vehicles  (see  Motor  vehicles). 

Verdicts,  civil  actions,  in,  less  than  whole  number  of  jurors,  by,  in- 
vestigation relative  to  ....        Resolve       14 

setting  aside  of,  when  damages  awarded  are  inadequate,  regula- 
tion of         .  .  .  ...  .  .  .578  1-3 

Vessels,  publicly  owned,  certain,  operation  of,  indemnification  of 
certain  public  employees  for  damages  sustained  on  ac- 
count of 391  1-3 

See  also  Ships  and  vessels. 
VETERANS: 

bar,  admission  to,  educational  requirements  for,  of  persons  who 

are •  .261 


374 

1,2 

507 

1,2 

660 

1.2 

Index.  1267 

Item  or 
Chap.  Section. 

VETERANS  —  Concludetl. 

civil  service  examinations,  taking  of,  by  certain,  who  served  in 

World  War  II,  notwithstanding  age  requirements    .  440  1,  2 

.  claim:?,  United  States  or  commonwealth,  against,  records  to  be 
used  in  furtherance  of,  furnishing  of  free  copies  of,  to 
certain        .........     218 

criminal  trial,  held  for,  investigation  relative  to  .        Resolve       34 

deaths  f)f,  records  of,  transmittal  of  copies  of,  by  municipality 
where  death  occurred  to  municipality  where  burial  is  to 
take  place,  providing  for       .  '        .  .  .  .  .     439 

disabled.  World  War  II,  of,  special  hawkers  and  pedlers  licenses, 

granting  of,  without  fee,  to,  providing  for        .  .  .     493  1.  2 

discharge  or  release  papers  of,  recording  of,  by  local  officials  in 
charge  of  veterans'  matters,  providing  for 

educational  opportunities,  higher,  for  children  of  certain    . 

educational  program  for  certain,  providing  for 

employment  security  law,  payment  of  benefits  under,  to,  certain 
requirements  removed  in  respect  to,  and  certain  other 
changes  made  in  said  law      ......     625  1-4 

farm-aid  bureau,  department  of  agriculture,  in,  established   for 

benefit  of    ........  .     392 

financial  aid,  etc.,   records  concerning  applications  for,   by,  or 

their  dependents,  disclosure  of,  penalized         .  .  .     340 

funerals  and  memorial  services  of,  attendance  at,   by  certain 

municipal  employees  without  loss  of  pay  .  .     348 

homes  for,  establishment  of  bureau  in  state  board  of  housing 
to  act  in  relation  to  procurement  of,  investigation  rela- 
tive to  ......  .      Resolve       57 

hospital  for,  establishment  of,  by  federal  government,  in  western 
section  of  commonwealth,  special  commission  to  effect, 
creation  of  .....  Resolves     23,  82 

injured,  rehabilitation  and  employment  of,  act  encouraging         .     623  1-3 

loans  and  advances  of  credit  guaranteed  by  administrator  of 
veterans  affairs,  making  of,  by  banks,  credit  unions,  etc., 
to  certain,  who  served  in  World  War  II  ...       46  1-4 

motor  vehicles,  licenses  to  operate,  competency  examination  for 

renewal  of ,  exempted  from  payment  of  fee  for  .  .     258  1,2 

municipal  departments  and  districts  for  furnishing  information 
and  assistance  to,  establishment  and  maintenance  of, 
authorized  ........     723  1-8 

organizations,  incorporated,  of,  temporary  licenses  to  sell  certain 

articles  for  charitable  purposes,  granting  of,  to  .  .160 

post-war    problems    of,    further    survey    and    study    relative 

to       .......  .        Resolve       SO 

appropriation 736  |         Page^QGO 

public  service,  in,  computation  of  retirement  allowances  for  certain     677 
creditable  service  upon  retirement  of,  regulated     .  .  .671 

retirement  of  certain  .......     678 

recognition,  suitable,  of,  for  service  in  World  War  II,  providing  for     731  1-13 

Servicemen's  Readjustment  Act  of  1944,  benefits  provided  by, 

participation  in,  by  minors  who  are         ....     408 

state  aid,  military  aid,  soldiers'  relief,  etc.,  for,  and  their  depend- 
ents, relative  to  .  .  .  .  .  .  .  633  1-5 

taxes,  local,  exemption  from,  of  certain,  and  surviving  spouses, 

relative  to 627  1,  2 

teachers  who  are,  reinstatement  of,  in  teaching  positions  in  pub- 
lic schools  .  .  .  .  .  .  .  .217 

retirement  rights  and  privileges  of,  relative  to         .  .  .     699 

university  extension  courses,  free  of  charge,  temporary  extend- 
ing of,  to  certain,  who  served  in  World  War  II  .  .     382 

Veterans  Administration  or  other  agency  of  the  United  States 
government,  commitments  to,  for  care  and  treatment,  of 
certain        .  .  .  .  .  .  .  .  .311 

veterans'  services  advisory  council,  establishment  of,  etc.  .  .     730  1,  2 

See  also  Military  and  naval  service  of  the  United  States. 
Veterans  Administration  Facility,  Bedford,  town  of,  in,  acquisi- 
tion by  United  States  of  certain  lands  for,  consent  of 
commonwealth  to  ......  .     350  1-3 

commitments  of  certain   veterans  to,  for  care  and   treatment, 

relative  to  .  .  .  .  .  .311 

Veterans  aid  and  pensions,  commissioner  of,  medical  and 
hospital  bills,  certain,  dependents  of  servicemen,  of,  pay- 
ment of,  powers  and  duties  as  to  .  .  .  .  .     366 

name  changed  to  commis.sioner  of  veterans'  services  .  .     393  1-8 


1268  Index. 

Item  or 
Chap.  Section. 

Veterans  of  Foreign  Wars,  departmejit  commander  of,  veterans' 

soivioes  advisory  council,  to  appoint  one  member  of  .     730  ] 

Veterans'  Services  Advisory  Council,  establishment  of,  etc.  780  1,  2 

Veterans  services,  commissioner  of,  departments  and  districts 
established  for  furnishing  advice  and  assistance  to  vet- 
erans, supervision  of,  by        .....  .     723  7 

name  of  commissioner  of  veterans  aid  and  pensions  changed  to    .     393  1-8 

Veterinarians,  applicants  for  registration  as,  qualifications  of  .711 

registration  of,  fees  for  ........     724 

Veterinary  medicine,  board  of  registration  in  (see  Civil  Service 

anil  registration,  department  of). 
Vital  statistics,  stillborn  children  further  defined  for  purposes  of    .      113 
Vivisection,  unauthorized  taking  of  cats,  dogs  or  birds  with  intent 

to  subject  them  to,  penalized  .....     272 

Vocational  education,  state-aided,  extemled  for  dui'ation  of  war 

and  five  years  thereafter        ......     f>29 

Voters  (see  Elections). 

registrars  of  (see  Registrars  of  voters). 
Voting  lists,  additional  names,  posting  of,  on  .  .     2.53 

furnishing  of,  to  state  secretary,  by  cities  and  towns,  time  for, 

further  regulated  .......       B4 

verification,  state  wide,  of       .  .  .  .  .  .      127  1-4 

Voting  machines,  Boston,  city  of,  installation  and  use  of,  in  84 

contested  elections  and  election  recounts  where  used,  relative  to      142 
See  also  Elections. 


w. 

Wachusett,  Mount,  ski  lift  on  north-east  side  of,  construction  of, 
investigation  relative  to         ...  .        Resolve 

Wage  and  hour  standards,  adoption  of,  investigation  relative 
to       .......  .        Resolve 

appropriation     ......... 

Wage  differentials,  se.x,  based  on,  prohibited         .... 
Walden  Pond  State  Reservation  Commission,  powers  of,  rela- 
tive to  ........  . 

Walpole,  town  of  (see  Cities  and  towns). 

Walter  Baker  &  Company,  Inc.,  structure  bridging  Adams  street, 
in  town  of  Milton,  construction  and  maintenance  by,  etc., 
authorized  ........ 

Walter  Reed  Corporation,  payment  of  sum  of  money  to,  by  metro- 
politan district  commission  ...... 

Waltham,  city  of  (see  Cities  and  towns). 

Ward  committees  (see  Elections,  political  conunittees). 

Wardens,  fish  and  game,  law  relative  to,  sale  of  dangerous  weapons 

or  ammunition  to  minors  and  aliens,  enforcement  of,  h\'     132 

Wards,  real  estate  held  under  tenancy  by  entirety  by,  sale  of,  b>- 

guardians  or  conservators  with  spouse  of  said  ward  .418  1,2 

Ware,  Fire  District  Number  One,  chief  engineer  of,  relative  to  .119  1,  2 

river  valley,  water  supply  needs  of  municipalities  in,  investiga- 
tion relative  to    .  .  .  .  .  .        Resolve       S3 


29 

71 
736  1 
584  ' 

0262, 

Page  960 

1-3 

123 

1-3 

45 

1-4 

.•;,sc> 

1-3 

appropriation     .........     736 

town  of  (see  Cities  and  towns). 
Wareham,  town  of  (see  Cities  and  towns). 
War  veterans  (see  Veterans). 
Water  districts  (.see  Districts). 
WATERS   AND   WATERWAYS: 
harbors  and  bays : 

Beverly   and   Salem   harbors,   atlditional   .sewerage   works  for 
South  Essex  sewerage  district,  construction  of,  to  prevent 
pollution  of,  providing  for     ...... 

Boston  harbor,  extension  of  piers  in,  from  Boston  Navy  Yard 
by  United  States  beyond  certain  line  of  jurisdiction 
investigation  of  certain  matters  relating  to  .        Resolve 

inland  waters : 

fishing,  hunting  and  boating  in,  further  regulated 
pollution   of   tidal   waters,    regulation   of,    by   department   of 
public  health        ........ 


0267, 
Page  963 


431 

1-5 

614 

1.  2 

61 

()93 

1,  2 

615 

Index. 


1269 


Chap. 
WATERS   AND    WATERWAYS  ~  Concluded. 
ponds  and  lakes: 

Jennings  pond  area,  in  town  of  Natick,  mosqviit.o  nuisance  in, 

investigation  relative  to     .  .  .  Resolve       .So 

appropriation       ........     736  < 

Massapoag,  Lake,  in  town  of  Sharon,  control  of      .  .     .503 

Kichniond  pond,  in  town  of  Richnioml,  public  acce.ss  to,  estab- 
lishment of  right  of  way  for,  by  county  of  Berkshire  422 
Whitehall,  Lake,  in  town  of  Hopkinton,  use  for  boating  and 

fishing  purposes  .  .  .  .  .  .419 

rivers : 

Charles  river  valley,  7rK)s((uito  nuisnnfo  in,  investigation  rela- 
tive to     .  .  .  .  Resolve       35 

appropriation       ........     736 

Chicopee,  valley  of,  water  supply  needs  of  municipalities  in, 

investigation  relative  to     .  .  .  Resolve       X3 

.appropriation       ........     730 

Connecticut,  valley  of,  water  supply  needs  of  municipalities  in, 

investigation  relative  to     .  .  .  Resolve       S3 

appropriation       ........     736 

Merrimack  river  v.alley,  dispf)sal  of  sewage  in,  investigation 

relative  to         .....  .        Re.solve       ()2 

appropriation       ........     736 

Mill,   flood   protection   works  at,  construction   of,  by   city   of 

Springfield        ........     3()7 

Millers,  valley  of,   water  supply  needs  of,  municipalities  in, 

investigation  relative  to     .  .  .  Re.solve       So 

appropriation       ........     736 

Neponset,    flow    of    water    in,    conditions    of,    investigation 

relative  to         .....  .        Resolve       -59 

appropriation      ........     736 

North,  additional  sewerage  works  for  South  Essex  sewerage 
district,  construction  of,  to  prevent  pollution  of,  providing 
for  .  .  .  .  .  .     431 

elimination  of  pollution  in,  borrowing  of  n)OTiev  for,  by  city 

of  Salem "  .  .         ".       68 

Quaboag,  valley  of,  water  .supply  needs  of  municipalities  in, 

investigation  relative  to     .  .  .  .        Resolve       83 

appropriation       ........     736 

Swift,  valley  of,  water  supply  needs  of  njunicipaiities  in,  in- 
vestigation relative  to         .  .  .        Resolve       83 

appropriation       ........     736 

Ware,  valley  of,  water  supply  need.s  of  municijialities  in,  in- 
vestigation relative  to        ....        Resolve       83 

appropriation       ........     736 

WATER   SUPPLY: 

Billerica,  ea.sements  in  certain  state-owned  land,  granting  of,  to 

said  town  for  certain  work  in  connection  with  .      6.51 

Dennis,  Dennis  South  W^ater  District  in,  establishment  of  .      .314 

emergency  sources  of,  taking  of  water  from,  for  public  water 

supply  purposes  ........     606 

Watertown,  town  of  (see  Cities  and  towns). 

Ways,  conservation,  department  of,  under  control  of,  use  and  opera- 
tion of  motor  vehicles  upon,  relative  to  .  .  .12.5 
public,  adjoining  towns,  in,  agreements  for  removal  of  snow  and 

ice  from,  sanding  of,  etc.  .  .  .  .319 

highway  projects,  post-war  programs  of,  investigation  relative 

to  .  .  .  .  .  .  .  .        Resolve       84 

appropriation       ........     736 

transportation  f)f  garbage,  etc.,  through,  relative  to         .  .  423 

state  highways,  illumination  of  hazardous  locations  on  .  539 

Weapons,  dangerous,  or  ammunition  therefor,  law  relative  to  sale  or 

furnishing  of,  to  certain  persons,  enforcement  of,  etc.        .  132 


Item  or 
Section. 


2015-22. 

Page  959 

1-3 


1-6 
1.2 


2015-22. 
Page  959 


0267. 
Page  963 


0267. 
Page  963 


2015-21. 
Page  959 

1-4 


0267, 
Page  963 


8807-23. 
Page  960 


1-5 
1.2 


0267. 
Page  963 


0267, 
Page  963 


0267. 
Page  963 


1.2 
1-14 


2941-03. 
Page  963 


1270  Index. 


Item  or 
Chap.  Section. 


Webster,  town  of  (see  Cities  and  towns'). 

Welfare,  public,  department  of  (see  Public  welfare,  department  of). 

locn!  boards  of  (see  Publir  welfare,  local  board.s  of). 
Westborough,  town  of  (.see  Cities  and  towns). 
West  Dennis  Cemetery  Corporation,  property  of,  receipt  and  ad- 
ministration of,  by  town  of  Dennis         ....     12(5 

Western  Massachusetts  Electric  Company,  lines,  poles,  etc.,  of, 

in  city  of  Springfield,  locations,  etc.,  validated  .  .     284  1,  2 

Western  Union  Telegraph  Company,  lines,  poles,  etc.,  of,  in  city 

of  Springfield,  locations,  etc.,  validated  .  .  284   •  1,  2 

Westfield,  city  of  (see  Cities  and  towns). 
Weston,  town  of  (see  Cities  and  towns). 
Westport,  town  of  (see  Cities  and  towns). 
West  Springfield,  town  of  (see  Cities  and  towns). 
West  Tisbury,  town  of  (see  Cities  and  towns). 
Westwood,    Cemetery   Association,    conveyance    of   cemetery    and 
transfer  of  certain  funds  to  town  of  Westwood  by,  and 
said  corporation  dissolved     ......       95  1—4 

First  Parish  of,  conveyance  of  cemetery  and  transfer  of  certain 

fimds  to  town  of  Westwood,  by     .  .  .  .  .95  1-4 

town  of  (see  Cities  and  towns). 
Weymouth,  Fore  river,  channel  in,  dredging  of,  authorized     .  .     718 

town  of  (see  Cities  and  towns). 
Whately,    Fire  and  Water  District  of  Whately,    certain   property 
in,  exempted  from  taxes,  and  election  of  officers  of  said 

district  validated 501  1-3 

town  of  (see  Cities  and  towns). 

White,  George  Robert,  will  of,  park  land,  certain,  transferred  by 

park  department  of  city  of  Boston  to  trustees  under,  time 

for  completing  certain  improvements  on,  extended    .  .     302 

Whitehall,  Lake,  in  town  of  Hopkinton,  use  for  boating  and  fishing 

purposes     .  .  .  .  .  .  .  .  . 

Whitman,  town  of  (see  Cities  and  towns). 
Wilbraham,  town  of  (see  Cities  and  towns). 
Willard  Brook  State  Forest,  extension  of,  authorized    . 
Williams,  Lillian  A.,  acts  as  a  notary  public  validated   .        Resolve 
Wills,  waivers  of.  when  surviving  spouse  of  deceased  is  under  dis- 
ability        ......... 

Windshield  stickers  (see  Motor  vehicles). 

Winthrop,  town  of  (see  Cities  and  towns). 

Witnesses,    hearings   on   applications   for   criminal   complaints,    at, 

summoning  of      ........     250  I,  2 

Woburn,  city  of  (see  Cities  and  towns). 

Women,  employment  of,  mercantile,  manufacturing  or  mechanical 
establishments  in,   immediately  prior  to  or  after  child- 
birth, prohibited  .......       87 

six  o'clock  law,  so  called,  rel.ating  to  hours  of  employment  of,  in 

textile  industry,  suspension  until  April  1,  194G  .  .        14 

Woodchucks  (see  Rodents). 
Wood  duck  (see  Game  and  inland  fisheries). 
Worcester,  city  of  (see  Cities  and  towns). 
WORCESTER  COUNTY: 

appropriations  for  maintenance  of,  etc.    .....     550  1 

retirement  board  of,  retirement  of  George  F.  E.  Story,  acceptance 

of  application  for,  by,  authorized  .....     634  1,  2 

tax  levy        ..........     550  1 

tuberculosis  hospital  in,  expenditures  for  maintenance,  etc.,  of, 

relative  to  ........     .576 

WORDS  AND   PHRASES: 

apprentice,   law   relating  to   funeral   directing   and  embalming, 
under  .......... 

bad  debts,  law  relating  to  dividends  by  trust  companies,  under   . 
buildings,  laws  relating  to  safety  of  persons  in  buildings,  under    . 
certificate,  laws  providing  security  for  injuries  caused  by  motor 
vehicles,  under    ...... 

delivery  period,  milk  control  law,  imder  . 
em-ployment,  laws  relative  to  labor  and  industi-jps,  under 
employment  permit,   laws   relative   to  employment    of  children 
under  sixteen,  under     .... 

fire  prevention  laws,  under      .... 

fish,  law  relative  to  mnrine  fish  and  fisheries,  under 
fraternal  benefit  society,  further  defined  . 
group  annuity  contracts,  laws  relative  to,  imder 
heavy  duty  platform  trailer    .... 


419 

1,  2 

573 

7 

1-4 

338 

1-3 

596 

1 

53 

2 

480 

384 

1 

134 

646 

133 

3 

470 

98 

1 

346 

2 

313 

1 

595 

I 

Index. 


1271 


Chap. 
WORDS  AND  PHRASES  —  Concluded. 

inspertioii,  buiMing  laws,  certain,  under  .....     472 

iaborer.s,  workmen  and  mechanics,  labor  law,  under  .  G80 

loaded  shotgun  or  rifle,  laws  relative  to  inland   fisheries,   birds 

and  mammals,  under  ......        8.3 

Io(^ker,  laws  relative  to  cold  storage  warehouses,  under       .  109 

Massachusetts  Hospital  Life  Insurance  Company,  act  facilitating 

reorganization  of,  under         ......     .327 

salary  and  employee,  law  temporarily  increasing  salaries  of  state 

officers  and  employees,  under         .  .  .  .  .416 

soldiers'  benefits,  municipal  relief  loan  act,  under       .  .  .73 

stillborn  child,  law  relative  to  vital  statistics,  under  .  .113 

suitable  recognition  of  Massachusetts  residents  having  served  in 
armed  forces  during  World   War  II,   act  providing  for, 
under  .  .  .731 

workmen'.s  compensation  law,  under         .....     369 

WORKMEN'S   COMPENSATION: 

appeals,  enjployees  and  their  dependents  relieved  of  expenses  of, 

in  certain  cases    ........     444 

average    weekly    wages    in    compensation    agreements,    under, 

changes  in,  relative  to  ......     347 

death,  payments  to  certain  dependents  in  case  of,  amount  of, 

increased     .........     572 

employee,  definition  of,  under  laws  relating  to  ...     369 

exceptions  and  exemptions  under,  relative  to    .  .  .  .     369 

medical  examinations,  copies  of  reports  of,  furnishing  of,  to  in- 
jured employees  in  certain  cases    .....     468 

premium.s,   unpaid,   for  insurance   under,   status  of  claims  for, 

upon  bankruptcy  of  employer        .....     581 

public  employees,  accumulated  sick  leave  allowances  of,  payment 

of,  to,  in  lieu  of  .  .  .  .  .  .  .  .     729 

self-insurance,  division  of,  established  in  department  of  indus- 
trial accidents      ........       60 

self-insurers  under,  bonds,  certain,  furnished  by         .  .  .518 

liability  insurance  policies,  furnishing  of,  by  .  .  .     316 

reinsurance,  policies  of,  by,  relative  to  ....     344 

weekly  benefits,  amount  of,  increased       .....     717 

See  also  Intlustrial  accidents,  department  of. 
Workshops  (see  Buildings). 
World  War  II,  so  called,  history  of  Massachusetts  in,  preparation 

of       .  .  .  .  .  .  .  .  .     714 

veterans  of,  advisory  council  for,  established  in  office  of  commis- 
sioner of  veterans'  services,  etc.     .....     730 

civil  service  examinations,  taking  of,  by,  notwithstanrling  age 

requirements  .  .  .  .  .  .  .440 

loans   and    advances   of   credit    to,    trust    companies,   savings 
banks,   i-o-operative  banks,  credit  unions  and  insurance 
companies,  by      .  .  .  .  .  .  .  .46 

municipal  departments  and  districts  for  furnishing  advice,  in- 
formation and  assistance  to,  establishment  of  .  .     723 
suitable  recognition  of,  act  providing    .           .           .           .           .731 

See  also  Military  and  naval  service  of  the  United  States;  Soldiers, 
sailors  and  marines;  Veterans. 
Wrentham  state  school,  commitment  of  feeble  minded  person  to, 

order  of,  to  be  directed  by  superintendent  of  .  .       24 


Item  or 
Section. 


1-5 
1.2 
1.  2 

1-4 

1-8 
1-13 


Y. 

Yarmoutb.  town  of  (spp  Cities  and  (owns). 

Young,  Louis  1.,  pnym»nt  of  rprtain  claims  of,  hy  Hri.>^tMl  ( cmntj- 


z. 


Zoning  laws,  boards  of  appeals  under,  peiiod  ni  artion  of  rify  coun 

r.iJs  or  splpctmen  as,  limited  .IB*